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Date: 9/6/2001
To: Mayor and Council
[AAA/From: Mary Wolcott,Village Clerk
RE: Rood Property Annexation
At your Regular Meeting of August 9,2001,you approved a first reading of an Ordinance for
voluntary annexation of the property owned by Roy S.and Patricia M.Rood. However,it was later
discovered that the area designated on the Ordinance's map showed the"entire"Rood Property as
opposed to the portion being annexed. And in the caption of the Ordinance,the address description
covered the entire Rood Property as opposed to the portion being annexed. These changes have been
mae,and this Ordinance is being brought back to you for first reading.
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Memorandum
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To: Mayor/Council/Village Manger
Subject:Annexation of Rood Property
From: Jeffery C.Newell,Director of Community Development
Date: August 2,2001
Re: annexation
In accordance with Article IV,Municipal Powers. Section 4.03.
" Ifthe Village of Tequesta shall desire to change its territorial limits,
either by nnexation or contraction,it shall do so in the manner prescribed
`'� Florida Statutes, 1975,asamendedfrom time time,
by
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Staff the adoption of the ordinance toprovide annexation of the roe herein
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described.
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ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING INTO THE
VILLAGE PARCELS OF LAND, WHICH ARE CONTIGUOUS TO THE
VILLAGE LIMITS, OWNED BY ROY S. ROOD AND PATRICIA M. ROOD.
A RESIDENTIAL PROPERTY LOCATED ON THE NORTH SIDE OF
RIVERSIDE DRIVE, WEST OF AND ADJACENT TO TEQUESTA PINES
SUBDIVISION AND THE SOUTHERN PORTION OF CHAPEL COURT
SUBDIVISION CONTAINING APPROXIMATELY 15.23 ACRES,
PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO
BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO
INCLUDE SAID REAL PROPERTY; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
ADVERTISING; AND PROVIDING THAT THIS ORDINANCE SHALL BE
FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, AND FLORDIA DEPARTMENT OF STATE UPON
ADOPTION.
WHEREAS, the petitioner, Roy S. Rood and Patricia M. Rood, owners of those
lands more particularly described in Exhibit "A", attached hereto and made a part
hereof, by and through their agent Gentile Holloway O'Mahoney & Associates,
Inc., have requested that the Village of Tequesta annex certain lands into the
corporate limits of the Village; and
WHEREAS, the Village Council of the Village of Tequesta finds that said lands
are contiguous with the corporate limits of the Village of Tequesta, create no
enclaves and the Village of Tequesta can effectively provide police, fire, water,
and sanitary services to said land, all in compliance with the terms and
requirements of Chapter 171, Florida Statutes, and the Village of Tequesta Code;
and
WHEREAS, the property shall be in accordance with the regulatory requirements
of Palm Beach County, until such time as the Village's Comprehensive Land Use
Plan shall be amended to include said annexed lands.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Village of Tequesta, Florida, hereby annexes to the Village an
area contiguous, compact,unincorporated territory as hereinafter described:
A PARCEL OF LAND IN SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 25 PROCEED N 89° 43' 58" W,
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 280.02 FEET;
THENCE S. 00° 28' 07"E, PARALLEL TO THE EAST LINE OF SAID NORTHWEST
QUARTER, 552.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.
00°28' 07" E, 779.68 FEET TO THE SOUTH LINE OF SAID NORTHEAST
QUARTER OF THE NORTHWEST QUARTER; THENCE N. 89° 58' 00" W, ALONG
SAID SOUTH LINE, 19.60 FEET; THENCE S. 00° 28' 07" E, 276.77 FEET TO A
LINE PARALLEL TO AND 125.00 FEET NORTH OF THE NORTH LINE OF THE
REPLAT OF RIVER CREST AS RECORDED IN PLAT BOOK 21, PAGE 97, PALM
BEACH COUNTY, FLORIDA PUBLIC RECORDS;
THENCE N. 89° 38' 40" E, ALONG SAID PARALLEL LINE, 99.77 FEET; THENCE
S. 00° 28' 07" E, 125.00 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID
REPLAT OF RIVER CREST; THENCE S 00° 21' 20" E, ALONG THE WEST LINE
OF SAID LOT 2, 124.77 FEET TO THE SOUTHLINE OF SAID REPLAT OF RIVER
CREST; THENCE N 89° 38' 40" E, ALONG SAID SOUTH LINE 20.00 FEET;
THENCE N. 00° 21' 20" W, 124.77 FEET TO THE NORTH LINE OF SAID LOT 2,
THENCE N 89° 37' 21" E, ALONG THE NORTH LINE OF LOTS 1 AND 2 OF SAID
RIVER CREST, 119.83 FEET TO A LINE 60.00 FEET WEST OF AND PARALLEL
TO SAID EAST LINE OF THE NORTHWEST QUARTER; THENCE S. 00° 28' 07" E,
124.82 FEET TO SAID SOUTH LINE OF RIVER CREST; THENCE N. 89° 38' 40"
E. ALONG SAID SOUTH LINE 60.00 FEET TO SAID EAST LINE OF THE
NORTHWEST QUARTER; THENCE N. 00° 28' 07" W. 524.50 FEET TO THE
SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 25; THENCE S. 89° 57' 25" E, ALONG THE SOUTH
LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER,
420.02 FEET TO THE EAST LINE OF THE WEST 420.00 FEET OF SAID
NORTHEAST QUARTER; THENCE N. 00° 28' 07" W. ALONG SAID EAST LINE,
779.63 FEET; THENCE N. 89° 57' 25" W. PARALLEL TO SAID SOUTH LINE OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 700.03 FEET TO
THE POINT OF BEGINNING;
CONTAINING 15.23 ACRES, MORE OR LESS.
Section 2. The boundaries of the Village of Tequesta, Florida, are hereby
redefined and shall include the above-described real property, and said property is hereby
declared to be within the corporate limits of the Village of Tequesta, Florida.
Section 3. Severability. If any provision of this Ordinance or the application
thereof is held invalid, such invalidity shall not affect the other provisions or applications
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 4. Repeal of Ordinances in Conflict. All other ordinances of the
Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this
Ordinance are hereby repealed.
Section 5. Codification. This Ordinance shall be codified and made a part of
the official Code of Ordinances of the Village of Tequesta.
Section 6. Effective Date. This Ordinance shall take effect immediately upon
the passage and adoption of a land use and zoning designation acceptable by the owners
and or their assigns of the property.
Councilmember offered the foregoing
Ordinance, and moved its adoption. The motion was seconded by Councilmember
, 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 , 2001.
MAYOR OF TEQUESTA
Geraldine Genco
ATTEST:
Village Clerk
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LOCATION MAP
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PETITION FOR ANNEXATION
TO: Village Council
Village of Tequesta
P.O. Box 3273
Tequesta,FL 33469
Gentlemen:
THE UNDERSIGNED, being the owners of the following premises located at Rood
landscape Co. property containing 15.23 acres, situate, lying and being in
Palm Beach County,Florida and described as follows(Enter full legal description. Attach
additional page if necessary.):
SEE ATTACHED PAGE
hereby respectfully request that said property, which is contiguous to the territorial limits of the
Village of Tequesta,Florida,be annexed to and included within the territorial limits of the Village of
Tequesta,and that said property be zoned R-1. zoning classification and land use
classification ofResidential Low Density
The undersigned further certify that they are the only owners of said property.
Dated this 114-day of Judy ��I
Property Owner: Roy S. Rood
( Name) signature)
404
(Print Name) (Side)
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Witness Witness
ACKNOWLEDGMENT
STATE ��
County of
l M/-)
ORE ME, personally appeared S. OCCt and
C-<a /�l ,to me known to be the persod described in and who
executed the foregoing instrument, and who acknowledged to me that they executed the
instrument for the purpose therein,expressed.
-t
Notary Public
1 " LAIMARALSILCOK ' State of Florida at Large
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171.044 Voluntary annexation.
(1) The owner or owners of real property in an unincorporated area of
a county which is contiguous to a municipality and reasonably compact may
petition the governing body of said municipality that said property be annexed
to the municipality.
(2) Upon determination by the governing body of the municipality that
the petition bears the signatures of all owners of property in the area proposed
to be annexed, the governing body may, at any regular meeting, adopt a
nonemergency ordinance to annex said property and redefine the boundary
lines of the municipality to include said property. Said ordinance shall be
passed after notice of the annexation has been published at least once each
week for 2 consecutive weeks in some newspaper in such city or town or, if
no newspaper is published in said city or town, then in a newspaper published
in the same county; and if no newspaper is published in said county, then at
least three printed copies of said notice shall be posted for 4 consecutive
weeks at some conspicuous place in said city or town. The notice shall give
the ordinance number and a brief, general description of the area proposed to
be annexed. The description shall include a map clearly showing the area and
a statement that the complete legal description by metes and bounds and the
ordinance can be obtained from the office of the city clerk.
(3) An ordinance adopted under this section shall be filed with the
clerk of the circuit court and the chief administrative officer of the county in
which the municipality is located and with the Department of State within 7
days after the adoption of such ordinance. The ordinance must include a map
which clearly shows the annexed area and a complete legal description of that
area by metes and bounds.
(4) The method of annexation provided by this section shall be
supplemental to any other procedure provided by general or special law,
except that this section shall not apply to municipalities in counties with
charters which provide for an exclusive method of municipal annexation.
(5) Land shall not be annexed through voluntary annexation when such
annexation results in the creation of enclaves.
(6) Upon publishing or posting the ordinance notice required under
subsection (2), the governing body of the municipality must provide a copy of
the notice, via certified mail, to the board of the county commissioners of the
county wherein the municipality is located. The notice provision provided in
this subsection shall not be the basis of any cause of action challenging the
annexation.
History.—s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1,
90-171; s. 16, ch. 90-279; s. 16, ch
Copyright 2000 Statutes Infobase Printed 7/20/01 at 4:38:44 PM
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