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MEMORANDUM:
TO:
FROM:
DATE:
SUBJECT:
VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequeata DriNe
Tequesta, Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203
b�
Village Council
Thomas G. Bradford, Village Manager
September 20, 1990
Request to Amend Requirement to Form a Homeowners'
Association as a Condition to Acceptance and Repair of Shay
Place; Agenda Item
As you know, on May 10, the Village Council agreed to accept as
public right-of-way and repair Shay Place if, among other things, the
homeowners abutting Shay Place formed a Homeowners' Association with
one hundred percent (100%) participation. Subsequent to that time, I
have spoken with Mrs. Sharon Hayward and Mr. Cunningham, residents of
Shay Place, and they have advised me that they do not desire to form a
Homeowners' Association for various reasons.
As a compromise, it was I that suggested that the Homeowners'
Association be formed. My logic for a Homeowners' Association was that
some sort of legal entity needed to be formed in order to be
responsible for the maintenance of the retention pond, due west of Shay
Place, that collects runoff from the street. At the time, I assumed
the retention pond was and should be property common to all of the
residents of Shay Place. As it turns out, the retention pond is
actually located on lots 8 and 9 of Shay Place which implies private
ownership. However, the surveys for lots 8 and 9, copies attached,
indicate that an easement was proposed for drainage purposes (retention
pond). We are not aware of any drainage easement having actually been
granted to the Village for such purposes.
From my perspective, a Homeowners' Association will not be
necessary if the effected property owners grant an easement for the
retention pond. The retention pond property would still be under the
ownership of lot owners 8 and 9 and, as such, would be maintained by
them. It is somewhat unusual to place public road runoff on to private
property but if the liability is minimal or can be eliminated this
solution would be workable.
As Mr. Randolph states in his letter, it appears to be the policy
of the Village Council to require all subdivisions to have a
Homeowners' Association. As you know, there are many good reasons for
an Association aside from maintenance responsibility. We need Village
Council direction relative to requiring a Homeowners' Association so
that the residents of Shay Place and the Village can continue working
toward completion of the necessary paper work to transfer Shay Place to
public ownership and repair the same.
TGB/jmm
Recycled Paper
LARRY B ALEXANDER
MICHAEL T KRAN:
GEORGE N BAILEY
kaOR LI"LEJO.N III
KEVIN C SEUTTENMULLER
JO"N M L.ROU.
MICHAEt D BRCIWN
JONY BLAA MCCRAC.EN
RUTH p CIF MENT�,
PAME.A • Yt NERVE'
SCOTT M COLTON
TVEC'..T F MONAGHAN
JOYCE A fONWA.
G-_- RABIDEAL
MARGARF' L COOPER
J0--. C RANDOLP-
BYRON R CORNWEL.
.h.A REVEYE
REBECCA G DOANE
ANDREW ROSS
RANDY D ELLISON
S'E.EY; RCTHMAN
L MARTIN FLANAGAN
PE'ER A GA, we
SCO- A GLAZIER
". T S*PAW'.
LORIE HANDELSMAN
SIDNEY A STUBBS JR
SCOTT G HAWKINS
ALLEN R TOMLINSON
THORNTON Y HENRY
JON% S TRIMPER
PETER S HOLTON
MICNAE'. P WALSH
HARRY A JOHNSTON 11
N ADAMS WEAVER
J A JURGENS
PAL,. C WOLFE
MARK B KLEINFELD
MARC S WOOLF
CHARLES B KgY ptember 6, 1990
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
P. 0. DRAWER E
WEST PALM BEACH, FLORIDA 33402;
(407) 659-3000 I
FAX (407) 832.1454
WRITER'S DIRECT LINE.
Donald V. Hilley, Esquire
11380 Prosperity Farms Road
Palm Beach Gardens, Florida
RE: Village of Tequesta
Pine Tree Terrace/Shea Place
Our File No. 13153.1
Dear Don:
VILLAGE nF
R BR"JON"
TEQUESTA
tgLTBM
HENRY E L1IENTKU
T301t0N-1M2 EP — 7 ' J� �. Y ALLt9d0HNSTON
tBYS t3.3
RETIRED
•.. i' J ',
WILLLAM A FOSTER
i L E-Ii
\
OTHER LOCATION
VIA FAX 622-5531
L� Sr N E FOURTH AVE.
DELIiAY BEACH. FLORIDA 3340
I have reviewed all of the documents which you have provided me in
regard to the request of the owners of Pine Tree Terrace for the
Village to take over the maintenance of the road. You had inquired
as to whether or not there was a way to handle this situation other
than to establish a homeowners association.
I cannot comment from a policy standpoint as to whether the Village
Council will accept the road without the establishment of a
homeowners association. As I understand it, the condition upon
which the Council agreed to accept the road was if a homeowners
association was established. The purpose of a homeowners
association would be to establish an entity which would maintain
responsibility for the area and would maintain any common areas.
It is my understanding that there are no common areas, however,
there is still a concern as to the retention area which exists at
the end of the street. Apparently this retention area is on
private properties, but the Village wants to make sure that the
retention area is maintained and further that the Village has no
responsibility to the lot owners for that retention area.
From a strictly legal standpoint, there are two ways which might be
considered for transferring the road easement to the Village. The
first would be a right-of-way deed from the homeowners to the
Village. Under this procedure we would require that all of the
homeowners and any and all others having an interest in the
properties execute a right-of-way deed over the roadway to the
Village. We would also require a title policy to be issued to
Donald V. Hilley, Esquire
September 5, 1990
Page 2
insure title to the Village. It appears from the sketch which you
provided me that the easement for utilities is not complete on the
north side of the road. I would have to confirm this with Scott
Ladd, but it appears that the utility easement would also have to
be granted to the Village.
An alternative way of handling this matter would be to file a plat
of this currently unrecorded subdivision. Although it may be more
costly for the property owners to plat the property, in the long
run it would certainly be more convenient for them to identify
their properties as part of a recorded plat in any future
transfers. If this were to be taken care of in this manner, we
would simply require all affected property owners and any others
having an interest in the property to join in the plat and they
would simply dedicate the road to the Village for the benefit of
the public. At the same time they could dedicate the easements for
utilities.
Since it was a policy decision of the Council to have the
homeowners form a property owners association as a consideration
for the Village accepting the maintenance of the road way, if you
wish to approach this in another manner, this matter would have to
be addressed by Council. Please be advised that the next meeting
of the Village Council is at 7:00 p.m., Thursday, September 13,
1990.
Please do not hesitate to contact me if you have any questions or
comments.
Sincere, - ,
n C. Randolph
JCR/sm
cc: Mr. Thomas G. Bradford
Mr. Scott D. Ladd
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BOUNDARY SURVEY FOR THE
DESCRIPTION,
EXCLUSIVE USE OF,
LOT a, OF THE UNRECORDED PLAT OF PINE TREE TERRACE, MORE
STEVE THOMSON
►AWTICNLAALY DESCRIBED AS FOLLOWS,
TH! WEST 79.37' OF THE WEST 635' OF THE NORTH 130' OF THE
SOUTH 260' OF THE NORTH 390' OF THE NORTHEAST QUARTER OF
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THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP +o, RAN6E
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421 SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER
THE SOUTH 20' OF THE WEST 20' AND THE EAST 59.37' OF THE
SOUTH 10' OF THE ABOVE -DESCRIBED PARCEL.
NOTES,
1. TITLE INFORMATION TAKEN FROM ATTORNEY'S TITLE INSURANCE COMPANY
POLICY NO.
C-741252.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3. DESCRIPTION FURNISHED BY CLIENT.
4. THIS PLAT IS NOT VALID UNLESS SEALED WITH THE EMBOSSED SURVEYOR'S
SEAL.
S. ELEVATIONS SHOWN HEREON, IF ANY, ARE IN FEET AND DECIMAL PARTS
THEREOF
AND ARE BASED ON NGVD-29.
6. THIS SURVEY CANNOT BE TRANSFERRED OR ASSIGNED WITHOUT THE SPECIFIC
WRITTEN
PERMISSION OF WALLACE SURVEYING CORP.
CERTIFICATIONS
I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY
THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND ADOPTED IN
CHAPTER, 21 HH-6, FLORIDA ADMINISTRATIVE CODE, EFFECTIVE SEPTEMBER 1, 1981. VISIBLE ENCROACH-
MENTS, IF ANY, ARE AS SHOWN. FURTHER CERTIFIED TO AMBASSADOR SAVINGS AND LOAN ASSOCIATION.
SMI TM AND NANDLER. P.A.. AND ATTORNEYS' TITLE INSURANCE COMPANY.
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rP. P.C_ FL6.RZ6 ERTIFICATE NUMBER:3357
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DESCRIPTION,
`QT 8, OF THE UNRECORDED PLAT OF PINE TREE TERRACE, MORE
PARTICULARLY DESCRIBED AS FOLLOWS%
THE WEST 79.37' OF THE WEST 635' OF THE SOUTH 130' OF THE
SOUTH 260' OF THE NORTH 390' OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 25, TOwNSHIP 4O, RANGE
421 SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE
WEST 20' OF THE NORTH 20' AND THE EAST 59.37' OF THE NORTH
10' OF THE ABOVE -DESCRIBED PARCEL, TOGETHER WITH AN EASE-
MENT FOR INGRESS AND EGRESS OVER THE NORTH 20' OF THE
SOUTH 140' OF THE NORTH 390' OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 25 EXTENDING EASTERLY TO
THE RIGHT-OF-WAY OF SEABROOK ROAD.
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BOUNDARY SURVEY FOR THE
EXCLUSIVE USE OF,
STEVE THOMSON
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I) TITLE INFORMATION TAKEN FROM ATTORNEYS' TITLE INSURANCE
COMPANY POLICY N0. C-741252.
2) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3) DESCRIPTION FURNISHED BY CLIENT.
4) THIS PLAT IS NOT VALID UNLESS SEALED WITH THE EMBOSSED SURVEYOR'S SEAL.
5) ELEVATIONS SHOWN HEREON, IF ANY, ARE IN FEET AND DECIMAL PARTS
THEREOF AND ARE BASED ON NGVD-29.
6) THIS SURVEY CANNOT BE TRANSFERRED OR ASSIGNED WITHOUT THE SPECIFIC
WRITTEN PERMISSION OF WALLACE SURVEYING CORP.
C ER7-/F/CAT lON .'
I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY
THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND ADOPTED IN
CHAPTER, 21 HH-6, FLORIDA ADN13NISTRATIVE CODE, EFFECTIVE SEPTEMBER 1, 1981. VIS MENTS, IF ANY, ARE AS SHOWN. MOTHER CERTIFIED TO ANtASSAOOA SAVINGS AMO LOAN ASSOCIATIONcl , CROACH•
SMITH AND HANDLER. ►.A., ANO ATTORNEYS' TIT N RAN
Roritiom: 2/i7/88 T-i �OG1L..12'/G9 C.A:.�A? 8(0-203 C'' PROFESSIONAL LAND SURVEYOR
FLORIDA CERTIFICATE NUMBER:
3357 CrD41G ` W.4LLdCF
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