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Documentation_Regular_Tab 8B_5/10/1990
= Q �1111E'°'' l nail VILLAGE OF TEQUESTA ' Post Office Box 3273 • 357 Tequesta Drive '-- �� Tequesta, Florida 33469-0273 • (407) 575-6200 *� 1/ .' FAX: (407) 575-6203 MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager ------/0)) DATE: May 3, 1990 SUBJECT: Shay Place; Agenda Item VIII, B Attached hereto, please find the following: o A copy of the petition submitted by various property owners in Shay Place, requesting that the Village accept as public road that private road easement known as Shay Place. o Cost estimates to bring the roadway up to acceptable Village construction standards. o A history of the Shay Place subdivision. It is recommended that the Village Council not accept this private road easement as the record does not reflect any intention that it ever become public right-of-way. In the event the Village Council wishes to accept Shay Place as public roadway, it should not do so until such time as the road is appropriately modified to comply with acceptable Village road standards, at the expense of others. 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Bradford, Village Manager 1 FROM: Gary Preston, Director of Public Works & Recreation DATE: May 3, 1990 SUBJECT: Shay Place Roadway Repair Per your request of April 16, 1990, please find attached cost estimates to repair the damage to Shay Place roadway. The estimate from Four Jay' s Construction list the cost and scope of work needed for repairs. The Rood Landscape proposal provides a cost estimate that would prevent this problem from reoccurring in the future. As you are aware, the Shay Place roadway abuts private property along the north side. One parcel along this roadway, the Roderick property, has approximately one hundred and fifty ( 150 ) Australian Pines which varies from a few feet to over sixty ( 60 ) feet in height. The vast majority of these Australian Pines are confined to an area of 25 ' by 150 ' , which runs along the edge of the roadway. The roadway problem developed as the Australian Pines root system grew under the road. This new growth caused the roadway to buckle and crack. After reviewing this matter with representatives from Four Jay' s Construction, Rood Landscape and Gee & Jenson, I would recommend that the roadway be repaired as proposed and all Australian Pines and the root system be removed. This extent of work will assure the Village that this problem will not resurface in the future. GP/mk Attachments ( 2 ) cc: Scott D. Ladd, Building Official Pro posy t John 440 North Juno Lane Petreikis RE. Four J a y r S Juno Beach, Florida 33408 (305) 844-7500 Cert. No. CGC-010514 Construction General Contractor- Engineer Page No. of Pages PROPOSAL SUBMITTED TO PHONE DATE 1 Village of Tequesta 575-6200 4-30-90 STREET JOB NAME 357 Tequesta Dr. CITY. STATE AND ZIP CODE JOB LOCATION Tequesta, FL 33469 Shay Place & Seabrook ARCHITECT DATE OF PLANS N/A JOB PHONE We hereby propose to furnish materials and labor necessary for the completion of .I The repair of root damaged street and installation of concrete curb to improve resistance of root intrusion, specifically including: 1. Removal of rail road ties. 2. Stump existing roots. 6' • 3. Remove and haul asphalt 160' x 11' c` VILLAGE Of 4. Remove roots from beneath asphalt. �; �tOUEST,I 5. Repair base material - add new. , , Y 0 7 L 6.- 6. Install new 18" straight back concrete curb. d�t�!6� 7. Re-pave with 1-1/2" asphalt. o.› OFFICE 8. RE-install existing rail road ties. ��11i '-.5' ADDITIVE ALTERNATE: Install 3 ft. high concrete retaining wall in lieu of rail road ties - haul railroad ties. /WE PROPOSE hereby to turnish material and labor—complete in accordance with above specifications,for the sum of: \ Ten Thousand Eight Hundred and 00/100 do,,,,,1= 10,800.00--- Payment to be made as follows: All material Is guaranteed to be as specified. All work to be completed In a sub- stantial workmanlike manner according to specifications submitted, per standard Aathorited practices. Any alteration or deviation from above specifications involving extra Siriatufe costs will be executed only upon written orders,and will become an extra Charge over and above the estimate.All agreements Contingent upon strikes,accidents Of 30 delays beyond Our control. Owner to carry fire, tornado and other necessary In- Note:This pftlpdsal ashy surance.Our workers are fully covered by Workmen's Compensation insurance. withdrawn try us if riot accepted attain days. ACCEPTANCE OF PROPOSAL The above prices, specifications and condi- tions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outline above. SipHlefe Date of Acceptance: Signature fir`" 8 VIILla� it APR 24 19901� i Established 1946 ROOD LANDSCAPE Co., Inc. VILLAGE 4546 Count q Line Rd. �$ Jupiter, Florida 33469 14071 746 518h P.O. Box 3768 \� (407) 546-2241 Tequesta, Florida 33469-0768 April 20, 1990 Village of Tequesta P. O. Box 3273 Tequesta, Florida 33469 Re: Contract #1827 Att: Mr. Gary Preston Dear Mr. Preston: We are pleased to submit our estimate for the following work: I . Remove All Australian Pines on North Side of Shay Street, Remove Stumps and Haul Away Debris. $ 5,750.00 II . Remove One Slash Pine in Swale Area and Grind Stump. 325.00 Total Estimated Cost - Labor, Equipment & Dump Charges: $ 6,075.00 Signed - 7 _c_,,,c0--Qt_ Ji G e, Pru ing Supervisor _.-e-- ! ichard A. Roth, Equipment Manager Accepted by Date DR:jd Note: If accepted, please sign and return one copy. Certificate of insurance furnished upon request. . ROOD LANDSCAPE Co., Inc. Established 1946 • 4540 Counts Line Rd (40'1 746-5186 lupiter, Florida 33469 PC) Box 3-68 (407) 546-2241 Tequesta. Florida 33469-0768 CONTRACT CONDITIONS FOR PRUNING JOBS 1. The above estimate will be valid for 4 , days. 2. We will exercise all precautions in performing our work; however, if we run into any underground utilities while performing this contract which were not previously marked by Owner or Owner's Representative, repair costs will be Owner's responsibility. 3. Rood Landscape Co. , Inc. cannot accept responsibility for repair of damages to sod or lawn areas (such as ruts, etc. ) caused by the heavy equipment needed to perform the work as set forth in the attached contract. If desired, said repairs will be performed and billed as an extra in addition to the contract. 4. Payment in full is due upon completion of work. 5. All accounts unpaid for thirty (30) days will be subject to a service charge of 1 1/2 percent per month. 6. Should Rood Landscape Co. , Inc . have to retain the services of an attorney to collect monies due under this contract, or to file suit to collect said sums, the Owner shall be responsible for all attorney's fees and costs of collection incurred by Rood Landscape Co. , Inc. Signed 1. /j.oJAt— ramie Gamble, Pruning Supervisor an Russell, Maintenance Superintendent Accepted by Date JDG:jd maws 9 asif .:41t te' VILLAGE OF TEQUESTA -, ,A BUILDING DEPARTMENT • . ii. 4 i Post Office Box 3273 • 357 Tequesta Drive r� t: Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 MEMORANDUM: TO: Thomas G. Bradford, Village Manager l0L' FROM: Scott D. Ladd, Building Official / DATE: May 3, 1990 SUBJECT: Summary of Historical Background, Unrecorded Plat of Pine Tree Terrace/Shay Place. Tom, I offer the following summary of events that have occurred during the past 35 years as best I can research the events and given that the earliest discussions regarding developing this unrecorded plat were between the original landowners, Mr. Harp, the Village Manager at the time, and Mr. Butterfield, the Building Official at the time. 1. 1955 Unrecorded plat of Pine Tree Terrace initially prepared ( unrecorded plat within unincorporated Palm Beach County) . 2. 1966 Annexation of a portion of the unrecorded plat of Pine Tree Terrace. 3. Sept. 1974 Annexation of five ( 5) parcels within the unrecorded plat of Pine Tree Terrace. Ord. #222, copy attached. 4. July 1977 Annexation of one ( 1) parcel within the unrecorded plat of Pine Tree Terrace. Ord. 254, copy attached. 5. June 1979 Water distribution service drawing prepared by Huls Engineering Service for Pine Tree Terrace at the request of the owner/owners of lots within the unrecorded plat. 6. July 1979 Water distribution service drawing received by the Village of Tequesta. 7. Aug. - Dec. Water distribution system installed in Pine Tree 1979 Terrace by C. J. Dawson Co. 8. Jan. & Feb. Water system pressure test performed and request from 1980 Huls Engineering Service for acceptance of the system as an addition to the Tequesta Municipal Water Company System. Page 2 Historical Background Pine Tree Terrace/Shay Place 9. Feb. 1980 Letter to Robert Harp from John M. Martyn regarding the preparation of an easement for water service across lots 6 thru 14, unrecorded plat of Pine Tree Terrace, copy attached. 10. March 1980 Response from Robert Harp, Village Manager, to John M. Martyn, Esq. with regard to Item 8 above. ( Copy attached. ) 11. June 1980 Memorandum from Robert Harp, Village Manager, to Councilmembers, Village Attorney, Village Clerk, Building Official , RE: Workshop meeting. ( Copy attached. ) 12. Oct . 1983 Terry Venne, owner of certain lots in the unrecorded plat of Pine Tree Terrace desires to obtain a permit to construct a single family dwelling. Mr. Venne is informed by Village staff that building permits cannot be issued due to the lack of a suitable road in order for public services to be provided to the lots within the unrecorded plat. he is also informed that issues regarding drainage and utility service must be satisfactorily resolved. 13. Nov. 1983 - Numerous meetings are held between certain owners of Aug. 1985 lots in Pine Tree Terrace and the Village; more specifically, Robert Albee and Terry Venne representing the lot owners, and Robert Harp, Skip Randolph and Scott Ladd representing the Village. The subject of these meetings was to arrive at an acceptable proposal by which the lot owners would provide certain infrastructure within the unrecorded plat that would allow the Village to issue building permits for homes to the various lot owners within Pine Tree Terrace. 14. Aug. 1985 Robert G. Albee submits a copy of an easement agreement for Pine Tree Terrace to the Village via Mr. Harp, who forwarded a copy of the agreement, with cover letter, to John C. Randolph for review and recommendation ( copy of cover letter, easement agreement, water service easement and sketch attached) . You will note that Item 2, Page 1 of the proposed agreement indicates that each lot owner will maintain the pavement lying within his own property. Page 3 Historical Background Pine Tree Terrace/Shay Place 15. Oct . 10, 1985 Letter to Skip Randolph from John M. Martyn with a revised copy of the easement agreement referenced in Item No. , 13 above. ( Copy of cover letter and revised agreement attached. ) 16. Oct . 17, 1985 Letter to Robert Harp from John C. Randolph indicating that the easement agreement is approved as to legal form and sufficiency. ( Copy attached. ) 17. Oct. 17, 1985 Memorandum from Robert Harp to Councilmembers, Village Attorney, Village Clerk, Building Official , indicating that the proposed easement agreement will be an agenda item at the Oct. 22, 1985 Council meeting. ( Copy of cover memo attached, same agreement as in Item 15 above) . 18. Oct. 22, 1985 The Village Council approves the easement agreement and authorizes the Village Manager to sign same. ( Copy of partial minutes attached, see Item 3A. ) 19. Oct . 23, 1985 Letter to John M. Martyn indicating that the Village has executed its portion of the agreement regarding Lots 15 & 16 and that Martyn is to handle obtaining the remaining signatures to the agreement, upon which a fully executed copy is requested for Village files. ( Copy of letter attached. ) 20. Nov. - Dec. , It appears that at some point during this time frame, Terry Venne and Robert Albee decide not to pursue the easement agreement matter or the actual construction of the road, and it further appears that they sell their combined 9 lots to Mr. Steve Thomson. 21. Dec. 10, 1985 Letter to Steve Thomson from John C. Randolph referencing a letter from Mr. Martyn, dated Nov. 19, related deeds and surveys and a dispute between the property owners. ( Copy of letter attached but could not locate a copy of Mr. Martyn' s Nov. 19 letter or the copies of related deeds and surveys in the Village files. ) 22. March 1986 Paving, grading and drainage plan prepared for Steve Thomson by Timothy J. Messier, Inc. , Consulting Engineers, indicating a revised roadway. Page 4 Historical Background Pine Tree Terrace/Shay Place 23. April 1986 Permit for roadway, drainage swale and retention pond issued to Northco Construction, Inc. , Paul Thomson, qualifier. Permit No. 009033. 24. May 1986 - Roadway, drainage swale and retention pond construct- March 1987 ion continues and is substantially completed, but problems began to occur with the road surface in the cul-de-sac and along the north side of the road at Lots 1, 2 & 3 where Australian Pine tree roots have encroached into the roadway surface and buckled the pavement. 25. March 23, 1987 Final item in Village Shay Place file is a letter from Timothy J. Messler, P. E. , to Scott D. Ladd, Building Official, indicating that the construction ( of the roadway, etc. ) is found to be in substantial accordance with the approved plan but that a list of 4 remaining items need to be addressed. ( Copy of letter attached. ) No further items appear in the Village files regarding the roadway. the roadway, drainage swale and retention pond are privately owned by the various lot owners of Pine Tree Terrace/Shay Place. The Village has not accepted these improvements for maintenance as certain lot owners and Mr. Thomson allege. ORDINANCE NO. 222 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING CERTAIN PARCELS OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA. WHEREAS , subsection 29 of Section 4.02 of Article IV of the Charter of the Village of Tequesta grants the Village Council the power to annex any lands adjoining or within three miles of the territorial boundaries of said municipality and lying within the "Natural Boundaries" of said municipality upon the petition of the owner or owners thereof o and WHEREAS , James H. Brogdon, Julia B. Mayer and Anna P. Shay, the owners of certain parcels of land situated in Palm Beach County, Florida, have filed petition with the Village Council requesting that their lands described therein be annexed to the territorial limits of the Village of Tequesta, Florida , NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF TEQUESTA, FLORIDA, AS FOLLOWS , Section 1. That the parcel of land owned by James H. Brogdon and more particularly described as follows , The south 130 feet of the north 260 feet of the west 317.5 feet of the northeast quarter of the southeast quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Section 2. That the parcel of land owned by Julia B. Mayer and more particularly described as follows , The west 100 feet of the east 905 feet of the north 117 feet of the south 132 feet of the northeast quarter of the southeast quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida; and ,Section 1. That the parcels of land owned by Anna P. Shay and more particularly described as follows ; Parcel No. 1 - The west 79.37feet of the south 130 feet of the north 390 feet of the east 1288.52 feet of the northeast quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. Parcel No, 2 - The east 238.13 feet of the west 317.5 feet of the south 130 feet of the north 390 feet of the northeast quarter of the southeast quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. s , • Parcel No, 3 - The east 158.75 feet of the west 476.25 feet of the south 130 feet of the north 390 feet of the northeast quarter of the southeast quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida are hereby annexed and incorporated into the Village of Tequesta, Florida, with the same force and effect as though the same had originally been incorporated into the territorial boundaries thereof. Section 4. That said lands shall be subject, to all of the Ordinances, Regulations and Codes of said Village. PASSED AND ADOPTED ON SczoN° READING THIS oZ 7� DAY OF 7-67$1'56,- , A.D. , 1974. Approved : • Mayor ,✓ cV Attest : _ Ass tart Village Clerk • • ORDINANCE NO. 254 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING CERTAIN PARCELS OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA WITH AN R-1 ZONING CLASSIFI- CATION. WHEREAS, Subsection 29 of Section 4.02 of Article IV of the Charter of the Village of Tequesta grants the Village Council the power to annex any lands adjoining or within three (3) miles of the territorial boundaries and lying within the "natural boundaries" of said municipality upon petition of the owner or owners thereof; and WHEREAS, Conrad T. Miller and Nell M. Miller, the owners of a certain parcel of land situate in Palm Beach County, Florida, have filed a petition dated June 2, 1977 (copy attached to and made a part of this Ordinance), with the Village Council requesting that their lands described therein be annexed to the territorial limits of the Village of Tequesta, Florida under the R-1, Single Family Dwelling District Classification; NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF TEQUESTA, FLORIDA: Section 1. That the parcel of land herein above mentioned and more particularly described as follows: The North 130.0 feet of the South 260.0 feet of the North 390.0 feet of the West 79.37 feet of the East 317.50 feet of the West 635.0 feet of the Northeast one-quarter of the Southeast one-quarter of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida. is hereby annexed and incorporated into the Village of Tequesta, Florida, with the same force and effect as though the same had originally been incorporated into the territorial boundaries thereof. Section 2. That the land described in Section 1 of this ordinance is hereby zoned R-1, Single Family Dwelling District Classification and the Zoning Ordinance of the Village of Tequesta, being Ordinance No. 211 as amended, and the zoning map thereunder, be, and the same are hereby amended with regard to the above described property. Section 3. That said lands shall be subject to all of the ordinances, regulationsand codes of the Village of Tequesta. Sect 4, That this Ordinance shall take effect upon its approval and passage as provided by law. The foregoing Ordinance was offered by Councilmember 1 ;; k_ i,k( •7- ', who moved its adoption. The motion was seconded by Councilmember /(4'L nd upon being put to a vote, the vote was as fo ovs: , FOR ADOPTION AGAINST ADOPTION 14 cc 1.4' 1.z(.1 '):- "...--e 2 a=i‘: ; • /Lir i _� 4 7' ,.,z,;_`), 1_1 ' /I- 72, 4,2/ c„ Z-Y:, 4- 1 �� << _ The Mayor thereupon declared the Ordinance duly passed and adopted on this % = day of --#j---r-----------j i C A. D., 1977. MAYOR OR TEQUESTA , ATTEST: 1,1 Li vill a Clerk i!...Ati /. _?...- -4-A.4 1 w7 e.-nr, •",eV.�.i s ^ .r im -!•1 i:i_ . 4,. . I '�.�'H— i �:•.• ;... .(...; , . _ 1 J I. o 0 1041 ...- • 101 SEE R.P B. 5 P43 ' 3oF.90 • FOR R/W OF 1O2 _ - SEABROOK RD. .-• -' "1 TEOUESTA •/V�� G ARO£NS, a t G'.). 5 5I 60 5211 r- N0.3 I ��.a�� • f ie ',Wi LLO�'� c , . ;Alpo-515 -5/5 s;t4 ; 52 . 5/ 56 'c. �— 7 a7 _ si..�F 1-. r _ ? G /."1/ �) . i -. ,�, '47 -.° i 1= ‘ - 5204 ►,.4lr� 42 '4 3 ;5 17a �Cl.wc.: 7L ! • zbe ,3 • PIIVETRE� /6 •. sn . - O : , W ,V) k i T EDUES TA TEOU£S,A - © y• ,� Q GARDENS GARDENS 19 �� 20 2! -"C5 CC'NDO CONDO Cr — - I - - Q Z i NO./ NQ.�_ r� ij < . '.'! L7 i 16 . �. ;? , LLJ ‘sflet :� : In tu tu - ' u) RIDGEWOC ,o so= , I :. . k \ c • WEST WOOD AVE. ;• E_ -, ` 2 ' : 29 :I3O 1 _ RECREATION tI TEOUESTA f<< ,- , /s DO • h _ i AREA CONDOS RIDGE WO C. ,pcefs • W W - NO.3 ' ' saki , -& I . • Ck � "- 1 ;1 2 4 O o 'L�LJ v b - 7 s • li r9;M . rL. . _. C _ • • U 0� (ID - .. � =1. til :/r .. . �,09 P 5 I 0 ;O '- -,- 's.. . . 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Daverss Telephone (305) 746-8389 John M. llartvn February 14 , 1980 (305) 546-4075 Mr. Robert Harp Village Manager VILLAGE OF TEQUESTA WATER DEPARTMENT Post Office Box 3474 Tequesta, Florida 33458 Re: Easement for Water Service, Lots 6 - 14, Unrecorded Plat of Pine Tree Terrace Dear Bob: On behalf of Mr. Robert G. Albee and Mr. George W. Rochte, we have prepared an Easement over the above-described prop- erty for water service, in favor of the Village of Tequesta. A copy of the Easement is enclosed for your reference. As you know, the owners of the property have just spent around $11, 000 .00 to install a water distribution system within the easement. Owners of other adjacent properties have refused to contribute to the cost of the water distrib- ution system. Mr. Albee is concerned that the owners of the other two *properties which could be serviced by this system will take advantage of the expense he has paid, and will be permitted to hook on to the system without reimbursing him a portion of the cost. We understand that the Village is agreeable to allowing the other two potential users of this system to hook on only if they will first pay their pro rata share of the cost bf installing the system. There are currently nine lots served by the system. If the other two owners hook on, there would be a total of eleven lets served by the system, and the total cost per lot for the $11,000 . 00 system would be $1,000 .00. We would appre:41 j ciate your cooperation in agreeing that in the event,,th&- l • Village allows either of the two potential users tojIdok on to the system, it will first require payment by the owner in question of $1, 000.00 to Robert G. Albeef. - Te!, as partial reimbursement for the cost of the syst-fit advancgd5,99 • by Mr. Albee. FEB Mr. Robert Harp Page Two February 14, 1980 Please advise whether any further documentation will be needed to accomplish this result, or whether your approval of a copy of this letter will be sufficient from the view- point of the Village to formalize this understanding. As soon as we receive an approved copy of this letter, we will forward the original executed Easement to you for recording. Thank you for your cooperation. Yours truly, DAVERSA AND MARTYN /s/John M. Martyn John M. Martyn JMM/jan Enc. Copy of Easement Extra copy of letter to be approved and returned Copy to Mr. Robert G. Albee APPROVED this ✓14th day of ✓ March , 1980. Hobert Harp, Vil age Manager VILLAGE OF TEQUESTA WATER DEPARTMENT OM \\ NS *CI ov„vow" ./ voia • • 455"%lictl -pIN VILLAGE OF TEQUESTA WATER DEPARTMENT 357 TEQUESTA DRIVE TELEPHONE TEQUESTA. FLORIDA MAILING ADDRESS AREA CODE 305 P.O. BOX 3474 746.4595 March 14, 1980 TEQUESTA. FLORIDA 33458 John M. Martyn, Esq. Daversa and Martyn P.O. Box 3765 Tequesta, Florida 33458 Dear Jack: Re: Easement for Water Service Lots 6-14, Unrecorded Plat of Pine Tree Terrace Enclosed is an executed copy of your February 14, 1980 letter to us in which we agree to obtain the written approval of Robert G. Albee as Trustee, prior to allowing the two (2) other lots of the subdivision to connect to the water distribution system for the referenced area. Pursuant to the terms of your letter, will you now forward the original executed easement to us so that we can record same. Your prompt attention to this request will be greatly appreciated. Yours very truly, VILLAGE OF TEQUESTA WATER DEPARTMENT Robert Harp Village Manager RH:jf Enc. cc: Mr. John C. Randolph, Village Attorney, w/encl. Mr. James W. Worth, Water Department Superintendent, w/encl. Mr. A. W. Butterfield, Building Official, w/encl. MEMORANDUM From: Village Manager To: Councilmembers, Village Attorney, Village Clerk, Building Official Subject: Workshop Meeting Date: June 10, 1980 The owner of approximately 2.15 acres of land located West of Seabrook Road and North and East of Tequesta Gardens and running West of the Fire Substation on Seabrook Road, and within the municipal limits of the Village of Tequesta and presently Zoned R-1, is desirous of dev- eloping the property and we would like to set a Council Workshop Meeting so that the owner can discuss some ideas he has for the property. Perhaps we can set the date and time for such Workshop Meeting at tonight's Council Meeting. Robert Harp RH:ah orFI':C Or THE VILLAGE MANAGER VILLAGE OF TEQUESTA 3S7 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE NAILING ADDRESS /UIILA COD[ 30♦ P.D. SOX 3273 74a-74S7 TEQUESTA. /LORIDA 3.34Sr♦ August 22, 198S Mr. John C. Randolph Johnston, Sasser, Randolph $ Weaver P. 0. Drawer "M" West Palm Beach, Florida 33402 Dear Skip: Re: Easement Agreement for Pine Tree Terrace (Shay Place) Unrecorded Subdivision Enclosed for your review and recommendation is a copy of the referenced Agreement received from Mr. Robert G. Albee yesterday. You will recall that such easement is to provide for a paved ingress and egress easement for Pine Tree Terrace (Shay Place) as well as an easement for water distribution and public utility purposes. As you are aware, the Village owns Lots 1S and 16 which were purchased from Jupiter Fire Control District No. 1 June 30, 1976 (copy of deed attached) and leased back to the district for a period of 30 years (copy of 30 year lease attached) . Therefore the Village Council will have to approve the granting of any easement over the Village's property. Enclosed is a copy of Grant of Easement for Water Service for Lots 6 - 8 and 9 - 14 inclusive of the Unrecorded Plat of Pine Tree Terrace (Shay Place) . You will note, this easement is the same for Lots 9 - 14, inclusive as the proposed utilities easement. Lots 6 - 8 inclusive have an easement on the north 10 feet of the south, 20 feet of each lot . The water main has been installed. Also enclosed is a sketch which we believe shows the ingress and egress easement as described and the easement for utilities as described. Scott Ladd has been working with the owner of the property on this matter and can probably answer any questions you might have in regard to same. Yours very truly, VILLAGE OF TEQUESTA Robert Harp RH:mk Village Manager Enc. cc: Mr. Scott D. Ladd, w/enc. (--,44 EASEMENT AGREEMENT FOR PINE TREE TERRACE • THIS AGREEMENT, made and entered into by and between the parties listed in Schedule A and Schedule B attached hereto, W I T N E S S E T II : WHEREAS, the parties hereto are owners of all of the property adjacent to the easement described in Schedule C attached hereto and made a part hereof for reference, and WHEREAS, the easement is presently unimproved, and the parties named in Schedule A are prepared to pay the cost of paving the easement for ingress and egress, which will then be used for the benefit of all of the properties described in Schedules A and 13, and WHEREAS, it is to the mutual benefit of all of the parties hereto that the easement described in Schedule C be established as a matter of public record, NOW THEREFORE, in consideration of the mutual promises contained herein , the parties hereto do hereby agree as follows: 1 . The easement described in Schedule C is hereby declared by all of the parties hereto, for the use in comet of all of the properties adjacent to said easementas as described in Schedules A and B. 2. The parties named in Schedule A do hereby agree to share the cost of paving said ingress and egress easement on a prorata basis, with one-ninth of the total cost to be assessed to and paid by the owner of each of the lots described in Schedule A. The owners of • the seven lots described in Schedule B will benefit from the paving improvements, but will not be assessed for or required to pay any part of the cost of paving said the easement. After the initial paving improvements are completed, each owner will maintain the pavement lying within his own property. 3. In addition to the easement to be paved, the owners of lots 9, 10 , 11 , 12 , 13 and 14 , as more particularly described in Schedule A do hereby dedicate an easement for water distribution and public utility purposes over, under and across the southerly ten feet of the northerly twenty feet of all of said lots, as more particularly described in Schedule C, Easement for Utilities. 4. The agreement may be executed in counterpart and when so executed by all parties, with all counterparts attached hereto, shall become valid and binding upon all parties hereto. • IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. • • As to Lots 15 and 16 as • described in Schedule B VILLAGE OF TEQUESTA BY: Witness Witness STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day before me , an officer duly qualified to take acknowledgments, personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that executed the same . WITNESS my hand and official seal in the County and State last aforesaid this day of 1984 . Notary Public (NOTARY SEAL) My Commission Expires: SCHEDULE A LOT 6 , of the unrecorded plat of PINE TREE TERRACE, more part cularly described as follows: The East 79 . 37 ' of the West 238 . 12 ' of the West 635 ' of the North 130 .00 ' of the South 260 ' of the North 390 ' of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 , Range 42; Subject to an easement for ingress and egress over the South 10 ' . LOT 7 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 38 ' of the West 158 . 75 ' of the West 635 ' of the North 130 ' of the South 260 ' of the North 390 ' of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 , Range 42. LOT_ 8 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The West 79. 37 ' of the West 635 ' of the North 130 ' of the South 260 ' of the North 390 ' of the Northeast quarter of the Southeast quarter of Section 25 , Range 40 , Township 42; 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 . LOT 9 , 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 the Northeast quarter of the Southeast quarter of Section 25 , Range 40 , Township 42; 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 easement 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. LOT 10 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79.38 ' of the West 158.75 ' 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 40, Range 42; Subject to an easement for ingress and egress over the North 10 ' thereof, Together with an easement 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. • LOT 11 , of the unrecorded plat of PINE TREE TERRACE, more par cularly described as follows : The East 79 . 37 ' of the West 238 . 12 ' 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 40 , Range 42; Subject to an easement for ingress and egress over the North 10 ' thereof , Together with an easement 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. LOT 12 , ci the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 38 ' of the West 317 . 50 ' 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 40 , Range 42 , Subject to an easement for ingress and egress over the North 10 ' thereof, Together with an easement 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. LOT 13 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 37 ' of the West 396 . 87 ' 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 40 , Range 42 , Subject to an easement for ingress and egress over the North 10 ' thereof , Together with an easement 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. LOT 14 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 38 feet of the West 476. 25 feet of the West 635 feet of the South 130 feet of the South 260 feet of the North 390 feet of Section 25 , Township 49 South, Range 42 East, Palm Beach County, Florida; SUBJECT to an easement for ingress and egress over the North 10 feet thereof, Together with and easement for ingress and egress over the North 20 feet of the South 140 feet of the North 390 feet of said Northeast quarter of said Southeast quarter of said Section 25 , extending easterly to the right of way of Seabrook Road. SCHEDULE B LOTS 1 , 2 , and 3 , of the unrecorded plat of PINE TREE TERRACE, more particularly. described as follows : The South 130 feet of the North 260 feet of the East 317 . 5 feet of the West 635 feet of the Northeast quarter of the Southeast quarter of Section 25 , less the North 130 .0 feet of the South 260 .0 feet of the North 390.0 feet of the West 79 . 37 feet of the East 317 . 50 feet of the West 635 .0 feet of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 South, Range 42 East, Palm Beach County, Florida. LOT 4 , of the unrecorded plat of PINE TREE TERRACE, more p- articularly described as follows: The North 130 .0 feet of the South 260 .0 feet of the North 390 . 0 feet of the West 79 . 37 of the East 317 .50 feet of the West 635 .0 feet of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 South, Range 42 East, Palm Beach County, Florida. LOT 5 of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 38 feet of the South 130 feet of the North 260 feet of the West 317 . 5 feet of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 South, Range 42 East, Palm Beach County , Florida. LOTS 15 and 16 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows : The South 130 ' of the North 390 ' of the East 158 . 75 ' of the West 635 ' of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 South, Range 42 East , less the North 10 ' thereof for a road easement; and less the right of way of Seabrook Road. SCHEDULE C EASEMENT FOR INGRESS AND EGRESS: Beginning at a point in the Westerly right of way line of Seabrook Road, approximately forty-six (46 ' ) feet West of the centerline of said Seabrook Road, and two hundred fifty (250 ' ) feet South of the North line of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) of Section 25 , Township 40 South, Range 42 East, Palm Beach County, Florida; Thence Westerly, parallel with said North line of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4 ) of said Section 25 (hereinafter called said North line) a distance of five hundred fifty-four (554 ' ) feet to a point; thence Northwesterly a distance of 20. 59 feet to a point two hundred forty (240 ' ) feet South of said North line and seventeen (17 ' ) feet East of the West line of the West six hundred thirty-five (635 ' ) feet of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4 ) of said Section 25; thence West, parallel to said North line, a distance of twelve (12 ' ) feet; thence South, perpendicular to said North line, a distance of forty (40 ' ) feet; thence East a distance of twelve (12 ' ) feet; thence Northeast, a distance of 20 . 59 feet to a point two hundred seventy (270 ' ) feet South of said North line, and thrity-five (35 ' ) feet East of the West line of the West six hundred thirty-five (635 ' ) feet of said Northeast quarter (NE 1/4 ) of said Southeast quarter (SE 1 /4 ) of said Section 25; thence East, parallel to said North line a distance of five hundred fifty-four (554 ' ) feet to the Easterly right of way line of Seabrook Road; thence North along said Westerly right of way line of Seabrook Road, a distance of twenty (20 ' ) feet to the point of beginning. EASEMENT FOR UTILITIES: The South 10 feet of the North 280 feet of the East 459. 25 feet of the West 476 . 25 feet of the Northeast 1/4 of the Southeast 1/4 of Section 25 , Township ' 40 , Range 42 , Palm Beach County, Florida. 414 -`'1`' - ( John M. Martyn � DAVERSA AND MARTYN 393 Tequesta Drive Tequesta , Florida 33458 GRANT OF EASEMENT FOR WATER SERVICE :v The undersigned, ROBERT G. ALBEE, AS TRUSTEE, and ROBERT G. cY" CV ALBEE, INDIVIDUALLY, permanently residing at 19478 Gulfstream Drive, Jupiter, Florida, and GEORGE W. ROCHTE, permanently residing at b14890 Perris Boulevard, Sunnymead , California 92388, being all of the owners of the property hereby affected, hereinafter called Grantor, and the VILLAGE OF TEQUESTA, a municipal corporation existing under the un laws of the State of Florida, hereinafter called the Grantee, of the . ! .County of Palm Beach and State of Florida. ca.. N , WITNESSETH, that the said Grantor, for and in consideration ' of the sum of ten dollars ($10. 00) and other good and valuable considera- o . gll tion to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, its successors and assigns forever, a perpetual non-exclusive easement for water distribution purposes, including, but not limited 7 to the installation and maintenance of water distribution lines, fire cti hydrant, water meters , and appurtenant facilities, over, across, under, and in the following described real property located in Pal m Beach County, Florida, to wit: n_ J J O o The North ten feet of the. South twenty feet of Lots 6, c' 7, and 8, and the South ten feet of the North twenty feet of Lots 9 , 10, 11 , 12, 13 , and 14 of the unrecorded - .5 ti- Plat of Pine Tree Terrace, more particularly described __ W o± in those certain deeds recorded in the public records � • C..0CD w of Palm Beach' County, Florida, in Official Record Book 3117, ;¢ o co Page 1328, Official Record Book 3117, Page 1330, Official zC` Record Book 2972 , Page 570, and Official Record Book 2607, o Page 531, Palm Beach County, Florida, public records. ta- u) �- • - z Cl) . = W O -, TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Gra .r h- •ere o se - .n . . •s ha• i s ,�v ' _ day of Dece ► .er, 197= 40' Age/ 0n e s s --1 10 Robert Albe , In:ivi'.`� r� an• as Trustee WitS o -) STATE or- FLORIOA DOCUMEN;:;RY, . 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O , �- -� — - to y • I Co Over�B0e, W/'a O_ O II '�t .t weo- d�C, W� t. ;•. .J,‘ Yt :ft-r OV"..Lt'71w:ZZA4!_- X w .. ar!w-�w 7 ',1 a R�r.. -%: :.-. ' _e `� r:fr.' .Y4r_.a.:yR,: .,.yam-,,,. ry+ R.tf riR.._ i y .) .rx•+,,, •-r+r t _+.r�;+.�P � � -.�riw- N �f°'r. , �, „ vw`� ,';-_� .i.oc._rc� . • J i Ewa. (F. : .. 1... : :,•.• •:• .. .... : •••. .:• .: .: : ••• .:. .: ,,,. ,,...:.• : ..: • •• i ti) • ,, 1 ,, . • . • 0 t ..,, •• • • . :. , : :....,• • •. , , c) a. .. : 14, . 4., .. 0 Ii 0 ► 00 O , O 0 ��1 E O O M t O o� Ov ` 1 ? °' Founod l,B 36 79.3 T 79. 38' 79. 37 79.38' E-/. B.So ConCrefe hi x yl/-o.vee- ao% overheoo� wirC5 mower Pole Power Pole "17107h- 21k • . •,, / ; G VILLAGE OF TEQUESTA ' .•`.4I Post Office Box 3273 • 357 Tequesta Drive " Alp Tequesta, Florida 33469-0273 • (407) 575-6200 ` , , FAX: (407) 575-6203 MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager (77- -7-77 DATE: May 3, 1990 SUBJECT: Ordinance No. 402, 403, and 404; Land Development Regulations; Agenda Item IX, A,B and C The above ordinances are submitted for your consideration in continuation of the required preparation of Village Land Development Regulations ( LDR) . These ordinances are self- explanatory and, in the case of Ordinance No. 403 and 404, adopt by reference existing Palm Beach County ordinances which are sufficient for such purposes. TGB/jmm Attachments - 3 ORDINANCE NO. 402 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REQUIRING THAT ADEQUATE PUBLIC FACILITIES SHALL BE PROVIDED CONCURRENT WITH GROWTH AND DEVELOPMENT AND CONSISTENT WITH THE ADOPTED LEVEL-OF-SERVICE STANDARDS ESTABLISHED IN . THE VILLAGE OF TEQUESTA COMPREHENSIVE DEVELOPMENT PLAN; PROVIDING FOR TITLE; PROVIDING A TABLE OF ADOPTED LEVEL OF SERVICE STANDARDS; PROVIDING FOR EXEMPTION OF SINGLE FAMILY DWELLINGS AND DUPLEXES; PROVIDING FOP PROHIBITION; PROVIDING FOR CONCURRENCY DETERMINATIONS FOR REDEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Growth Management Act of 1985, as amended, and F. A. C. Rule 9J-5, as amended, require that local governments adopt comprehensive plans; and WHEREAS, these statutory provisions and rules. require, in part , that local governments set realistic and adequate levels of service for public facilities serving development and that the elements of the Comprehensive Plan be internally consistent , including the relationship between the use and density/ intensity of the Land Use element and the levels cf service set for the public facilities and services serving development ; and WHEREAS, these statutory provisions and rules require that no development order or development permit be issued unless facilities and services at the level of service standards adopted in the Comprehensive Plan are available to serve that development concurrent with the impact cf development ; and WHEREAS, the Village of Tequesta, Florida, has adopted a Comprehensive Plan, pursuant to these statutory provisions and rules and other authority; and WHEREAS, the statutory provisions and rules require that land development regulations be adopted to implement the Village of Tequesta' s Comprehensive Plan; and WHEREAS, level of service standards have been adopted for public facilities and services by the Village in the Capital Improvements element of the Comprehensive Plan; and . WHEREAS, the concurrency requirements of the Comprehensive Plan bear a substantial relationship to legitimate public purposes by preventing harm to, and promoting, the public health, safety and welfare of the citizens of the Village of Tequesta, Florida. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Tequesta, as follows: Section I. TITLE This Ordinance shall be known as, and may be cited as the "Adequate Facilities and Concurrency Management Ordinance" of the Village of Tequesta, Florida. Section II . DEFINITIONS (1 ) "Concurrency" means that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur . • • Section III . STANDARDS The following Level-of-Service Standards have been adopted in the Capital Improvements element of the Comprehensive Plan and shall be used by the Village to assure cc'ncurrency of future development within the corporate limits of the Village of Tequesta with the - provision of public facilities and services: VILLAGE OF TEGUESTA PUBLIC: FACILITY LEVEL OF SERVICE STANDARDS 1 . Traffic : (Reads & Right-of-Ways) (LOS) (LOS) Roadway Type Standard Peak Collector C: D Urban minor arterials C D Principal arterials Sanitary Sewer : Maximum Monthly Maximum Category Daily Flaw (MMDF) Daily Flow (MDF) Residential 73. 1 gallons/ 78. 8 gallons/ capita/day capita/day Non-Residential 431 gallons/ 464. 9 gallons/ acre/day acre/day Drainage: 'Public drainage facilities Level of Service standard of a three (3) year frequency, twenty-four (24) hour durat ion storm event is hereby adopted, and shall be used as the basis of estimating the availability of capacity and demand generated by a a proposed development project . As a general drainage requirement , each proposed project and/or site shall maintain 95% of all storm water runoff on site. 4. Potable Water : The following potable water Level of Service standards are hereby adopted and shall be used as the basis for estimating the availability of facility capacity and demand generated by a proposed development. project : Average Day Water Consumption Rate Residential 236 gallons/capita/day Non-Residential None. Established/LOS Standard shall be estab- lished by 1991 . Maximum Day Water Consumption Residential 354 gallons/capita/day Non-Residential None. Established/LOS Standard shall be estab- lished by 1991 . Page 2 5. Recreation: Level-of-Service Standards Table Classification Area/Activity Standard (Unit /Population) ac r es/ 1 00C) Neighborhood �'ar F_:s � Community Parks 2 acres/1 , 000 Beaches 1 mile/31 , 250 Golf Courses 3 h= les/30, 000 •Tennis 1 c c ur t/'', 500 Basketball 1 court /2, 500 Baseball /Softball 1 field/7, 200 Football /Soccer 1 field/4, 800 Playground Areas 1 acre/3, 600 Beach Access Easements 1 per 1 /2 mile of developed or redeveloped beach frontage Section IV. EXEMPTIONS Individual single family dwellings and duplexes shall be exempt from the provisions cf this ordinance as set forth herein if such single family units and duplexes have been considered in a previous site plan review. In addition, the Village may vest other development rights in accordance with Florida Statutes 163. 3167 (8) . Section V. PROHIBITION No future development within the corporate limits cf the Village cf Tequesta, Florida, shall be approved and no development order or permit , as defined by Chapter 163. 3164, F. S. , shall be issued that violates or exceeds the level of service standards for public facilities and services, as set forth in the Capital Improvements_ element of the Village of Tequesta' s Comprehensive Plan; provided, however , that a development order or permit may be issued if it is cc,nditiOned on providing the public facilities and services necessary to serve the proposed development , and if provided by the applicant for the development order or permit . Section VI . C:ONC:URRENC:Y DETERMINATIONS FOR REDEVELOPMENT ( 1 ) Redevelopment shall be exempt from concurrency determinations relative to transportation, sanitary sewer , solid waste, potable water and recreation/open space, provided the following conditions are met : (a) Residential Redevelopment : There is no increase in the density or square footage from that prior to redevelopment . (b) Non-residential Redevelopment : There is no increase in the square footage of the building (s) or intensity of use of the property from that prior to redevelopment . (2) . Redevelopment which is not determined to be exempt shall be subject to concurrency determinations only with respect to those impacts in excess of that attributable to the property prior to the redevelopment ; except , however , that concurrency with respect to the Village' s Drainage Level-of- ' Service shall be determined and based upon the drainage needs of the entire use of the property. Page 3 Section V I I . SEVER:AB I L I TY If any provisions of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications ications pp of this Ordinance which can be given effect without the invalid provisions or applications and to this end the provisions of this Ordinance are hereby declared severable. Section V I I I . CODIFICATION This Ordinance shall be codified and made a part •of the official Code of Ordinances of the Village of Tequesta. Section IX. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage and approval , as provided by law. THE FOREGOING ORDINANCE was offered by Counc i 1 member , who moved its adoption. on. The Ordinance was seconded by and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of - , 1990. Mayor of Tequesta Joseph N. Capretta ATTEST: • Bill C. Kascavel is Village Clerk Page 4 Daversa and Martyn, P.A. Attorneys At Law• 393 Tequesta Drive Post Office Box 3765 Tequesta, Florida 33458 Jeffrey N. Daversa Telephone (305) 746-8389 John M. Martyn October 10 , 1985 (305) 546-e075 Mr. Skip Randolph Village of Tequesta 357 Tequesta Drive Tequesta, FL 33458 RE: Easement agreement for Pine Tree Terrace Dear Skip: Thank you for calling me on October 9 , 1985 , to discuss the proposed easement agreement for Pine Tree Terrace. We have made the changes which you suggested in the easement agreement and we enclose a revised draft herewith. We also enclose a copy of the earlier draft where the changes are indicated in ink. Thank you for your suggestions in this regard. We understand that the description of the easement has been reviewed and approved by Jim O' Brien, a licensed engineer who has surveyed the property in the past. The purpose of the execution of the easement by the Village of Tequesta is to confirm the existense of the easement as it affects the town' s two lots. The cost of paving the easement will not be paid by the town. Collaterally, we wanted the Village to review the easement to be sure that it meets with the approval of the building department. Several years ago, Mr. Butterfield indicated that installation of a water line would make it possible to obtain individual building permits. The water line was installed , but no permits were requested until a few years later, when Mr. Butterfield had been replaced by Scott Ladd. In 1984 , the Vennes applied for a building permit on their lot and Mr. Ladd indicated that it would not be issued unless the easement was paved. We felt the building department should have an opportunity to look at the easement to confirm that Mr. Ladd' s requirements had been met. We anticipate that building permit applications will be filed shortly after the easement is fully executed, and the paving work will be a condition of the issuance of the building permits. Coif sa 1335 Mr. Skip Randolph October 10 , 1985 Page Two We understand that the Village will need to publish some notice of its intent to execute the easement affecting land owned by the Village . Please keep us advised of your progress in that regard. The agreement permits execution in counterpart, and we look forward to receiving the enclosed copy of the easement properly executed by the Village , or to hearing from you if anything further is needed, or if any extreme delay is anticipated. Thank you for your cooperation. Yours truly, D•VERSA AND MARTYN, P.A. J.hn M. JMM/lsf Enclosures : Revised Easement Agreement Copy of earlier draft for comparison purposes cc: Mr. and Mrs . Robert G. Albee Mr. and Mrs . Terry Venne .sue EASEMENT AGREEMENT FOR PINE TREE TERRACE THIS AGREEMENT, made and entered into by and between the parties listed in Schedule A and Schedule R attached hereto, W I T N E S S E T H : WHEREAS, the parties hereto are owners of all of the property adjacent to the easement described in Schedule C attached hereto and made a part hereof for reference , and WHEREAS, the easement is presently unimproved, and the parties named in Schedule A are prepared to pay the cost of paving the easement for ingress and egress, which will then be used for the benefit of all of the properties described in Schedules A and B, and WHEREAS , it is to the mutual benefit of all of the parties hereto that the easement described in Schedule C be established as a matter of public record, NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto do hereby agree as follows: 1 . The easement described in Schedule C is hereby declared by all of the parties hereto, for the use in common of all of the properties adjacent to said easement as described in Schedules A and B, including the Village of Tequesta. 2. The parties named in Schedule A do hereby agree to share the cost of paving said ingress and egress easement on a prorata basis, with one-ninth of the total cost to be assessed to and paid by the owner of each of the lots described in Schedule A. The owners of the seven lots described in Schedule B will benefit from the paving improvements , but will not be assessed for or required to pay any part of the cost of paving said the easement. After the initial paving improvements are completed, each owner will maintain the pavement lying within his own property. 3 . In addition to the easement to be paved, the owners of lots 9, 10 , 11 , 12 , 13 and 14 , as more particularly described in Schedule A do hereby dedicate to the Village of Tequesta an easement for water distribution and public utility purposes over, under and across the southerly ten feet of the northerly twenty feet of all of said lots, as more particularly described in Schedule C, Easement for Utilities. 4 . The agreement may be executed in counterpart and when so executed by all parties, with all counterparts attached hereto, shall become valid and binding upon all parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. As to Lots 13 and 14 as described in Schedule A Witness Ro ert A ee Witness Claire AD STATE OF FLORIDA COUNTY OF PALM BEACH dulyI HEREBY CERTIFY that qualified toR take on this da ALBEE and acknowledgments, before me, an officer ROBERT A CLAIRE ALBEE 9menkn personally acknowledged and who executed to me known y appeared ged before the foregoingto be the persons dme that they executed the instrument and WITNESS my hand same. State last aforesaid and official this day seal in the County and 1984 . Notary pu (NOTARY SEAL) My Commission Expires: I • i L.�v As to Lots 11 and 12 described in Schedule A Witness Mabel Rochte, an unremarried widow Witness STATE OF CALIFORNIA COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared MABEL ROCHTE, an unremarried widow, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1984 . Notary Public (NOTARY SEAL) My Commission Expires: As to Lots 9 and 10 described in Schedule A Witness August Raymond Rochte Witness STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this da duly qualified to take acknowledgments, me AUGUST U RAYMOND an officer escibedROCHTE, to me personally appeared described ed in and who executed known to be the 9 before me that the foregoing instrume person he executed the same. and acWITNESS my hand and official State last aforesaid this seal in the County and dayof 1984 . Notary public (NOTARY SEAL) My Commission Expires: 1174 • lF• As to Lot 8 as described in Schedule A Witness Terrance F. Venne Witness Sherri L. Bain STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared TERRANCE F. VENNE and SHERRI L. BAIN, his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1984 . Notary Public (NOTARY SEAL) My Commission Expires: As to Lot 7 as described in Schedule A Witness William Bain Witness Joyce Bain • . STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared WILLIAM BAIN and JOYCE BAIN, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1984 . Notary Public (NOTARY SEAL) My Commission Expires: As to Lot 6 as described in Schedule A Witness Terrance Venne Witness Sherri L. Bain STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day before me , an officer duly qualified to take acknowledgments, personally appeared TERRANCE VENNE and SHERRI L. BAIN, his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1984 . Notary Public (NOTARY SEAL) My Commission Expires: As to Lot 5 as described in Schedule B Wetness George Pele Wetness Mary Pele STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this da qualified to take acknowledgments, me dulyGE PILE and f an officer personMAPILE, his wife s' Personally appeared instrumentdescribed in to me known and acknowledged before who executed to be the me that they foregoing executed the sameWITNESS my hand and State last aforesaid official this day of al in the County and 1984 . (NOTARY SEAL) Notary public My Commission Expires: r; As to Lot 4 as described in Schedule B Witness Conrad Miller Witness Nelle Miller STATE OF FLORIDA 1 COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared CONRAD MILLER and NELLE MILLER, his wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1984 . Notary Public (NOTARY SEAL) My Commission Expires: As to Lots 1 , 2 and 3 as described in Schedule B Witness John Roderick Witness Cathleen Roderick STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared JOHN RODERICK and CATHLEEN RODERICK, his wife to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1984. Notary Public (NOTARY SEAL) My Commission Expires: As to Lots 15 and 16 as described in Schedule B VILLAGE OF TEQUESTA Witness By: Witness STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day duly Iq iBed to take acknowledgments, me, an owled me before described9 nts, Personal) officer in and who to me known Y appeared acknowledged before eXecuted the foregoing be the me that executed the instrumentsm rSOn WITNESS my same, and State last hand and official aforesaid this seal in .�_ day of the County and 1984. k : (NOTARY SEAL) Notary Public My Commission Expires: SCHEDULE A LOT 6 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 37 ' of the West 238 . 12 ' of the West 635 ' of the North 130 .00 ' of the South 260 ' of the North 390 ' of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 , Range 42 ; Subject to an easement for ingress and egress over the South 10 ' . Present Owner: Terrance Venne and Sherri L. Bain, his wife LOT 7 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 38 ' of the West 158 . 75 ' of the West 635 ' of the North 130 ' of the South 260 ' of the North 390 ' of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 , Range 42. Present Owner: William Bain and Joyce Bain, his wife LOT 8 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The West 79 . 37 ' of the West 635 ' of the North 130 ' of the South 260 ' of the North 390 ' of the Northeast quarter of the Southeast quarter of Section 25 , Range 40 , Township 42; 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. Present Owner: Terrance Venne and Sherri L. Bain, his wife LOT 9 , 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 the Northeast quarter of the Southeast quarter of Section 25 , Range 40 , Township 42; 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 easement 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. Present Owner: August Raymond Rochte LOT 10 , of the unrecorded plat of PINE TREE TERRACE, more part cularly described as follows: The East 79. 38 ' of the West 158.75 ' 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 40 , Range 42; Subject to an easement for ingress and egress over the North 10 ' thereof, Together with an easement 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. Present Owner: August Raymond Rochte LOT 11 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 37 ' of the West 238 . 12 ' 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 40 , Range 42 ; Subject to an easement for ingress and egress over the North 10 ' thereof , Together with an easement 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. Present Owner : Mabel Rochte LOT 12 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows : The East 79 .38 ' of the West 317 . 50 ' 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 40 , Range 42 , Subject to an easement for ingress and egress over the North 10 ' thereof, Together with an easement 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. Present Owner: Mabel Rochte LOT 13 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows : The East 79. 37 ' of the West 396 . 87 ' 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 40, Range 42 , Subject to an easement for ingress and egress over the North 10 ' thereof, Together with an easement 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. Present Owner: Robert Albee and Clare Albee, his wife LOT 14 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79.38 feet of the West 476 . 25 feet of the West 635 _ feet of the South 130 feet of the South 260 feet of the North 390 feet of Section 25 , Township 49 South, Range 42 East, Palm Beach County, Florida; SUBJECT to an easement for ingress and egress over the North 10 feet thereof, Together with and easement for ingress and egress over the North 20 feet of the South 140 feet of the North 390 feet of said Northeast quarter of said Southeast quarter of said Section 25 , extending easterly to the right of way of Seabrook Road. Present Owner: Robert Albee and Clare Albee, his wife SCHEDULE B LOTS 1 , 2 , and 3 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The South 130 feet of the North 260 feet of the East 317 . 5 feet of the West 635 feet of the Northeast quarter of the Southeast quarter of Section 25 , less the North 130 .0 feet of the South 260 .0 feet of the North 390 .0 feet of the West 79 . 37 feet of the East 317 . 50 feet of the West 635 .0 feet of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 South, Range 42 East, Palm Beach County, Florida. Present Owner: John Roderick and Cathleen Roderick, his wife LOT 4 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows : The North 130 . 0 feet of the South 260 . 0 feet of the North 390 .0 feet of the West 79 .37 of the East 317 . 50 feet of the West 635. 0 feet of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 South, Range 42 East, Palm Beach County, Florida. Present Owner : Conrad Miller and Nelle Miller, his wife LOT 5 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The East 79 . 38 feet of the South 130 feet of the North 260 feet of the West 317. 5 feet of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 South, Range 42 East, Palm Beach County, Florida . Present Owner : George Pile and Mary Pile , his wife LOTS 15 and 16 , of the unrecorded plat of PINE TREE TERRACE, more particularly described as follows: The South 130 ' of the North 390 ' of the East 158 .75 ' of the West 635 ' of the Northeast quarter of the Southeast quarter of Section 25 , Township 40 South , Range 42 East, less the North 10 ' thereof for a road easement; and less the right of way of Seabrook Road. Present Owner: Village of Tequesta SCHEDULE C EASEMENT FOR INGRESS AND EGRESS : Beginning at a point in the Westerly right of way line of Seabrook Road, approximately forty-six (46 ' ) feet West of the centerline of said Seabrook Road, and two hundred fifty (250 ' ) feet South of the North line of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) of Section 25 , Township 40 South, Range 42 East, Palm Beach County, Florida; Thence Westerly, parallel with said North line of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4) of said Section 25 (hereinafter called said North line) a distance of five hundred fifty-four (554 ' ) feet to a point; thence Northwesterly a distance of 20 . 59 feet to a point two hundred forty (240 ' ) feet South of said North line and seventeen (17 ' ) feet East of the West line of the West six hundred thirty-five (635 ' ) feet of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4) of said Section 25 ; thence West, parallel to said North line , a distance of twelve (12 ' ) feet; thence South, perpendicular to said North line , a distance of forty (40 ' ) feet; thence East a distance of twelve ( 12 ' ) feet; thence Northeast, a distance of 20.59 feet to a point two hundred seventy (270 ' ) feet South of said North line, and thirty-five (35 ' ) feet East of the West line of the West six hundred thirty-five (635 ' ) feet of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4 ) of said Section 25 ; thence East , parallel to said North line a distance of five hundred fifty-four (554 ' ) feet to the Westerly right of way line of Seabrook Road; thence North along said Westerly right of way line of Seabrook Road, a distance of twenty (20 ' ) feet to the point of beginning. EASEMENT FOR UTILITIES: The South 10 feet of the North 280 feet of the East 459 . 25 feet of the West 476 . 25 feet of the Northeast 1/4 of the Southeast 1 /4 of Section 25 , Township 40, Range 42, Palm Beach County, Florida. JOHNSTON, SASSER, RANDOLPH & WEAVER ATTORNEYS AND COUNSELORS AT LAW 310 OKEECHOBEE BOULEVARD HARRY A. JOHNSTON II WEST PALM BEACH, FLORIDA 33402 HENRY f. LILIENTHAL DONALD J. SASSER 1902.1982 JOHN C. RANDOLPH P. O. BOX M HARRY ALLISON JOHNSTON M ADAMS WEAVER 1895 IDOL MAURCCN A. HACKETT ANN MARIE G. REZZONICO JOYCE A.CONWAY (305)655-0108 October 17 , 1985 Mr. Robert Harp Village Manager Village of Tequesta P. O. Box 3273 Tequesta, Florida 33458 Re : Easement Agreement for Pine Tree Terrace Dear Bob: I have reviewed the proposed easement agreement and can approve same as to legal form and sufficiency. The formal approval for the execution of this agreement will have to come from the Village Council. By copy of this letter and agreement to Scott Ladd, I am asking him to give you any comments he may have in regard to this matter. Very truly yours, JOHN C. RANDOLPH JCR/lsn Enclosure cc: Mr. Scott Laddi// MEMORANDUM TO: Councilmembers Village Attorney Village Clerk Building Official FROM: Village Manager SUBJECT: EASEMENT AGREEMENT FOR PINE TREE TERRACE (SHAY PLACE) DATE: October 17, 1985 Enclosed for your information and review is a copy of the referenced easement agreement between various property owners abutting Shay Place in Pine Tree Terrace. Pine Tree Terrace is an unrecorded plat consisting of sixteen (16) lots running west from Seabrook Road just north of Tequesta Garden Apartments (see sketch attached) . A portion of the property was annexed in 1966, a portion in 1974 and a portion in 1977. The Village is involved in the easement agreement because the Village is the owner of Lots 15 and 16 upon which the Fire Station is located. This property was leased to Jupiter Fire Control District No. 1 for a period of thirty (30) years on June 25, 1976. The easement agreement basically provides that the owners of Lots 6 - 14, inclusive will share the cost of paving the twenty (20) feet wide ingress and egress easement while the owners of Lots 1 - 5 inclusive and Lots 1S and 16, Village lots, will not be assessed for or required to pay any part of the cost of paving the easement. The Village Attorney has reviewed the agreement and has no objection to the concept and approves the execution of the easement agreement by the Village. The approval of the agreement and authorization for the Village Officials to execute same will be an agenda item for the October 22, 1985 Council Meeting. 7j2" Robert Harp RH:mk Enclosures C• Minutes of Council Meeting October 22, 1985 Page S - Federal Revenue Sharing Funds will be used as partial payment for the two new police cars. Howell asked the Village Manager if the $7,658.00 was a firm figure and the Village Manager said it was. Mapes asked who was going to run this Fire Department if all the town in Ibis area wanted to become part of it, how much say so where the town's going to have, would there be Board members from each town, will Jupiter be in charge? • Howell agreed with Mapes that the Village of Tequesta should know right up front how this is going to be handled before the $7,658.00 is spent. - • Murphy agreed that we should know all these things first before money is spent. • • Mapes also wanted to know what is the expected Capital Expenditures for this Village. Stoddard said he believes if the Council has concerns they should state them but not stop the project itself. • Murphy told Council we should have more information from Jupiter before we commit ourselves even to the study. • It was the consensus of Council that we ought to have things spelled out - before we commit ourselves. Council authorized the Village Manager to check things out first with tariff Roberts, Jupiter's Town Manager and then if need be, to call a Special Council Meeting. • ^3a. The next item was the consideration of Easement Agreement for Pine Tree Terrace (Shay Place) . The Village Attorney reminded Council that the Village Manager has sent Council a Memorandum dated October 17, 1985 enclosing for their review a copy of the easement agreement between various property owners abutting Shay Place in Pine Tree Terrace. There are sixteen (16) lots running west from Seabrook Road just north of Tequesta Garden Apartments. The Village is the owner of Lots 15 and 16 upon which the Fire Station is located. The easement agreement provides that the owners of Lots 6-14, share the cost of paving the twenty (20) feet wide ingress and egress easement. The owners of Lots 1-5 inclusive, and Lots 15 and 16, Village lots, will not be assessed. The Village Attorney also said that prior to granting Building Permit .the Village is requiring that the road be widened. The property owners need to give the easement so that the road can be paved.