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Home My WebLink AboutDocumentation_Regular_Tab 8F_7/22/1993 4 - VILLAGE OF TEQUESTA il( A Post Office Box 3273 • 357 Tequcsta Drive `'� �,''� Tcquesta,Florida 33469-0273 • (407)575-6200 ;•: Fax: (407)575-6203 s l o MEMORANDUM TO: Village Council FROM: Thomas G. Bradford, Village Manager DATE: July 15, 1993 SUBJECT: Resolution No. 15-92/93; Easement Purchase Agreement For Well 25; Agenda Item On July 23rd, 1992, the Village Council approved Resolution No. 22- 91/92 declaring acquisition of land for wellsites and water utility lines associated with the Well 25, 26, and 27 project to be a public necessity. Well 25 and 27 are located in Turtle Creek. The Village has been in on-going negotiations with Turtle Creek to secure these sites . We have reached agreement on Wellsite 25 . Wellsite 25 is located on the vacant lot to the right as you enter Turtle Creek. The wellsite will be appropriately landscaped and has received an appraised value in the amount of $6, 900 from the Village appraisers. The Turtle Creek Village Property Owner's Association has agreed to provide the easement necessary for the construction and location of this well in return for a payment of $6, 900, equal to the appraisal conducted by the Village. As you know, at the May 13th Village Council Meeting, the change order to Chaz Equipment Company for the placement of the water transmission line from Well 25 to Little Club, within 'the Country Club Drive rights-of-way was approved by the Village Council. Well 25 provides the water resources necessary to make this project viable. On July 8, Martin County issued the necessary U-2 permit to allow this contract to proceed. The Boy Scouts have granted an easement unto the Village for the water transmission line and this item is also on your Agenda. It is recommended that the Village Council approve this Easement Purchase Agreement in the amount of $6,900 and authorize Mayor Mackail to execute the same on behalf of the Village. TGB/mk Attachments • Recycled Paper ' a RESOLUTION NO. 15 - 92/93 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE EASEMENT PURCHASE AGREEMENT BETWEEN • — THE TURTLE CREEK VILLAGE PROPERTY OWNERS ASSOCIATION, INC. AND THE VILLAGE OF TEQUESTA FOR AN EASEMENT NECESSARY FOR THE CONSTRUCTION AND LOCATION OF WELL 25. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: , Section 1. The Easement Purchase Agreement between the Turtle Creek Village Property Owners Association, Inc. and the Village of Tequesta for an easement necessary for the construction and location of Well 25 in the amount of $6,900 attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution is hereby approved and the Mayor of the Village is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION was offered by Councilmember , who 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 Resolution duly passed and adopted this day of , A.D., 1993. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Joann Manganiello Village Clerk Callaway & °Price., Inc. 1 �! Ucensed Real Estate Broker , Robert J. Callaway, MAI, SRA, Harry D. Gray, MAI, SRA CRE eoa South Second aa..r.SA,ao Joe R. Price, MAI, SRA, CRE Fort plwo',Florida 34064 407 464-S807 1 • Michael R. Slade, MAI, SRA, CRE Tel 47c /4111-0830 1639 Forum Place, suites Daniel P. Hrabko, MAI j ' ado West Palm Beath, Florida 33401 34994 Tel. 407 1 686 0333 / 2174330 FAX 407/686-3705 FAX 407/220-3440 Donald G. Blauvelt, MAI, SRA November 4 , 1991 t Congress Avenue.subs 100 Bon Aston.Florida 33487 Tel.407/996-8088 Mr. Thomas C. Hall, Water System Manager FAX 407/90643002 Tequesta Water Department Please reply to: P.O. Box 3474 West Palm Beach Tequesta, Florida 33469 ' 3 , Dear Mr. Hall: � Pursuant to your request, we have made an investigation and analysis. of the utility easement and access easement, located at the northeast corner of Country Club Drive and North Place in The Village of i Tequesta. ' The purpose of this investigation and analysis was to ' estimate the Market Value of the Fee Simple Estate of the part taken, ,_L_, subject to the deed restrictions (see Limiting Condition 10) ; plus damages to the remainder, if any (Just Compensation due the property owner) , as of October 22, 1991. • I . As a result of our investigation and analysis of the information obtained therefrom, as " well as a general knowledge of real estate I valuation procedures, it is our opinion that the Market Value of the Fee Simple Estate of the part taken, subject to the deed restrictions (see Limiting Condition 10) ; plus damages to the remainder, if any I, (Just Compensation• due the property owner) as of October 22, 1991, was: 11 SIX THOUSAND NINE HUNDRED DOLLARS j ($6,900) 1, ' A description of the property appraised, together with an explanation procedures utilized, is contained in the bodyof the of the valuation attached report. For your convenience, a Summary of Salient Facts follows this letter. Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclu- sions are contingent. �- Respectfully submitted, )- C'��b1+� :i . P ' NC. i I'obert J. a laway, MAI, , CRE State Ce ified Real Estate Appraiser 0012597 , , 9,Pkicl. ' Robert A. allaway, Associate Appraiser Bi RJC/RAC:jog/91-26761 Attachments Real Estate Appraisers and Consultants • UI-UL-JJ UL•4Liin - • LAW OFfIQEB . • • • JEFFER, CIOFFI & RICE, P.A. • • ,�rl�.l+oa.r,+ ` TEQUC8TA C011POIIAI CENIER•SUITE 200 cowls!I Pau2601EOU£STA DRIVE M0.JERSEY OP= P.O.BOX 3010 P.O.BOX MI • !button J011or 1EQUESTA,FLORIDA 33460 - ttgP.O1�: 5 ? Jmnua A.MA PA. 1 eleFF10Ne',on 7474009 NCW m11R OFF : Pc7 Idc A.IUcc P.A. FAX(407)575.0107 uo 9110,10WAY.BIM 2201 NEWOMMAXAMM • 1212!400 7200 • • TO: -7p1)4 -��icA_ cad 41101)_, a , • RE: _Q_k_. 77c) J • COMMENTS: _ - The information contained in this transmission is attorney-client • privileged and confidential. It is intended only for the use of . • the individual or entity named abgye Ifhe reader adr of this. notified that message is not the intended recipient, youare hof this aerebommunicsation is,. . any dissemination, distribution or copy strictly prohibited. If you have reO teledhs i commo and retain error, please notify us immediately by pbt the original message to us at the above addreas via the U.B. Postal Service. We will reimburse you for postage. Thank you. • TELECOPIER: TRANSMISSION DATA: - • TELECOPILR NUMBER! J� - á-'9o.3.. . - DATE Or TRANSMISSION: -74? /93 . APPROX. TIME OF TRANSMISSION: , r • NUMBER OF PAGES X CLU G.TIHIS FOPMI/D TRANSMITTED BY: f . UI u!. JJ UL•7LI -- - -LAW OFFICES JEFFER, CIOFFI & RICE, P.A. Hsumo TEOUESTA CORPORATE CENTER-BUflt 200 w,cookies�.New n:ouesrA DRIVE NEW JERSEY oF,n P.O.BOX 3010 1504 NOM 2a Herman Mar TEOUEBTA,FLORIDA 33400 P.O.sox sw James A.Ctof1,P.A. TELEPHONE(407)74743000 ao1)42 Q10S Patrick A.Rua P.A. f M(407)575.0107 NEW YORK OFFICE 150 6 VI.PMAY,SUITE 77f New YO K.N.Y.100$$ C2115400-7260 July 2, 1993 John M. LeROUX Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive Eleventh Floor P.O. Drawer E West Palm Beach, FL 33402 - RE: Grant of Easement from TurtFle Creek POA to Tequesta Water Utility System • -. r Dear Mr. LeRoux: • I Enclosed please find the executed Easement Purchase Agreement concerning the new well site located at the entrance to Turtle Creek. You will note that I have inserted a new paragraph (Paragraph ) incorporates which gtii .iouslyppredby theVillage, ourlient, and the waere utlty In the meantime, it is my understanding that you have received verbal confirmation from the Palm Beach County Tax Assessor's office that the value for each of the lots will be modified to reflect a "nominal value" based upon the restriction that limits the use of said lots as an entrance way to the subdivision. Obviously, as the current tax rolls have not been certified,. the reduction to a nominal value is not yet final. Once you have received your client's approval of the agreement, please forward a final copy to me for my files. I presume that your office will be handling the preparation of the closing • U yJ UL•4L�m " ' documents, which documents can be forwarded to me in• advance of closing for my review. Thank you for your cooperation. • 4 / very ' 1 '' s ,urs, . . . ( K A • E To hef ' ' p• • dih ' cc: Robert Shambelan 1 • • • UI UL UL•4Ltm VILLAOE OF TEQUESTA a Florida municipal corporation EASEMENT PURCHASE AGREEMENT Tequesta Water Utility System Village of Tequesta Palm Beach County, Florida • Well site No. 25 STATE OF FI.OR/DA COUNTY OF PALM BEACH THIS AGREEMENT, made and entered into on this day of , 1993, by and between Turtle Creek Village Property Owners Association, Inc. , hereinafter referred to as "SELLER" and the Village of Tequesta, a Florida municipal corporation, hereinafter referred to as "PURCHASER". WITNESSETH,, . For and in 4consideration of mutual covenants and conditions herein contained, SELLER has hereby agreed to sell and PURCHASER hereby agrees to buy an easement for the following property upon the following terms and conditions. I. Description. The real property identified as well site number 25 and shown on.the legal descriptions and surveys attached hereto and made a part hereof. ix. Purchase Price. Amount to be paid by PURCHASER to SELLER at closing $6,900.00 III. Conditions and Limitations. a. It is mutually understood that this Easement Purchase Agreement is executed by PURCHASER subject to final acceptance by the Village Council of the Village of Tequesta at an open public - UI-UL ys Uc.4c« - - - - meeting held in accordance with applicable Florida Statutes. Notice of final acceptance shall be evidenced by the signature of PURCHASER in Section VII herein and delivery to SELLER within ten (10) days of acceptance. b. SELLER is responsible for all taxes due and owing on the property as of the date of closing. PURCHASER is not responsible by virtue of the purchase of this easement for real estate taxes on the property. c. SELLER is responsible for delivering an unencumbered easement to PURCHASER at closing. Any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchase price set forth in Section xi. d. Other: That certain landscape plan as prepared by George G. Gentile jlRsaeiatefl r or refe nce and made a part hereof. This clause shall survive the closin . IV. Closing Date. This transaction shall be closed and the instrument of conveyance delivered within thirty (30) days of the date of final acceptance by the Village Council. V. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted herein or attached hereto as addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names on the date first above written. V . ACCEPTANCE BY SELLER. WI ESE: (�� SELLER: o �IJ Print Name. TURTLE CREEK VILLAGE -MOPERTY K...` OWNERS ASSOCIATION, IN . th� am\ Print Name 1 Pr nt Name friVeYe. Attest: Orivide,+- czt eV 7lt.)il�ya.� Seart' of Corporation Print Name ..A919 .fIW61ti. 4 • VII. Final Acceptance by Village Council. WITNESSES: PURCHASER: Print Name 4 VILLAGE OF TEQUESTA by: Ron T. Mackail, Mayor Print Name Attest: Village Clerk . Print Name JML/13153.10 . easement.pal/mk LAWSON , NOBLE & ASSOCIATES , INC . ENGINEERS PLANNERS TESTING SURVEYORS 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA PHONE 1407) 684-668G SKETCH TO TO ACCOMPANY DESCRIPTION W . �c ti TURTLE CREEK EAST, II, A P.U.D. IN ^ S PLAT BOOK 11,PACE 00 ' i I(MARTIN COUJTY.FLORIDA) LOT 33 • O I g ir I I.OT 3422c3I I 0 • . . O $ a4 MARTIN COUNTY n. I i 8 O SECT.23-40-42 s 8 'S E ioa.eo'Ll___ •' 4i a % SECT.26-40-42. - —. ..-• -- —— LT.—5 PALM BEACH COUNTY we2:c sfrd _i • I, f 4-.tevr I OOtd71: 1 Powoq Pdf i (t CAL 23.PCs.7-12 • 4 69'Oa'3o'E a I anal l ad(MOM 30' 30,... eaoo' L. ..1 • • ii 1 LOT 153 F . N•44�a;s wt� , • J I LOT 152 •'i 3 '. °soa r .I a- -•.. . 1 t 1 - ;RESIDENCE It o.. 6, PLAT OF % 0 'ik... oI I gx to - •TEQUESTA '��, ° ,g g . o f- 'I PLAT BOCK 25.PAGES 7-15 y'. ao )I ay Mpg mpg g• PALM SEACH COU+ITY 1 8 Z a wig LOT 19t . . . ., . -S. UNE LOT IDZ _.....>) • N.artt R.o w.-� Q\\ • • ¶EaueSsA VRNF ` upT NW s N9o'00'Od'w aim= ' I ' 12.00' O Y,pOD POWER • TEQUESTA DRIVE . l• . •POLE MP) (PLAT BOC -25.PAGES 7-15) • T • ' . • • ' cFATffu•eroa • - I both certify that the description end Sttsclwd sk.rd,of davVdon owe rcpwd in.ccordana w(Ih I'.S..t.yNo Standards.Dopier 21 It14.FloMI Ad.dnbles0+6 Co*.Mt Nl.h by the F1.dd Bard of land 1ia'.Yon.Ia•err•r Section 47L027.Raid. Sttsetd. Is buss. Ind us Ind corral so Om bast Si wayatM knowledge and bf. }t• ' ''?;".ej741--- • DATE: '6/24093 le:wt.fi: 1•• Sc.' Stream Pie.4213 Will M Rertda . REVISIONS-UPDATES -_ DATE BY FK'D emg: � a" TM* h".b "a' rephk imitation of Oa d..crlptlon sham Nowa.lbws • km boon no NV4 work viewing of the s/ilea psperty.or mammon,sof In cwwiscdon wok Y+pnp•Uon of pi . kdlo.aerfbn shown k.ax • • F Lands sl...wt Mrwn W -nee uOwpMd for eV* Revneo snearoN v.e4/4! ex. ,?Gw. •f-..!Y end/or.w~.r.t et mod. IJOB No.c10-191 IBY1 P5SCU4.30 . IHECKED= rc.W. F. PO.• - .'10ATE1 r/i4/.a3 • . tic n pESCRIPTION: UTILITY, INGRESS AND EGRESS EASEMENT A PARCEL OF LAND LYING WITHIN LOT 152, PLAT OF TEQUESTA, RECORDED IN PLAT BOOK 25, PAGES 7 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 152; THENCE SOUTH 89°36'30" EAST ALONG THE NORTH LINE OF SAID LOT 152, A DISTANCE OF 106.80 FEET TO A POINT ON THE EAST LINE OF SAID LOT 152; THENCE SOUTH 00°00'00" WEST ALONG SAID EAST LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°00'00" WEST ALONG SAID EAST LINE, A DISTANCE OF 74.36 FEET TO A POINT ON THE SOUTH UNE OF SAID LOT 152; THENCE NORTH 90°00'00" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 12.00 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 62.44 FEET; THENCE NORTH 44°48'15" WEST, A DISTANCE OF 17.03 FEET; THENCE SOUTH 89°36'30" EAST, A DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNING. CONTAINING 965 SQUARE FEET MORE OR LESS. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. BEARINGS BASED ON AN ASSUMED MERIDIAN, THE NORTH LINE OF LOT 152 IS ASSUMED TO BEAR SOUTH 89°36'30" EAST. SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. REFERENCE ATTACH SKETCH FOR A GRAPHIC DEPICTION OF THIS DESCRIPTION. • SURVEY►90.191-3.DES • LAWSON , NOBLE & ASSOCIATES,. -1NC. ENGINEERS ' PLANNERS TEST INC .SURVEYORS : 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA PHONE (407) 684-6686.. SKETCH TO ACCOMPANY DESCRIPTION • I • '•4k .TURTLE...CREEK_ EASTi. 1. A P.U.D. q/ PLAT BOOK 11,PAGE B0. • • ; . • 2 i lMARTIN CW1TY,FLORIDA) ' ' ;LOT 33 •V r; -- ' 't i • LOT 34 .• � ••:•• a . . . . dal . .MARTIN COUNTY. I • •§ O 1 s.as*se I SECT.2340-42. • �.,. 1 Jso7' vi t SECT.26-40=42 — ___ . �: 3p - • .QO'T� 5Dd2�•'TOW j' PALM BEACH l ° /itWLL•' :.afEI I EASrtIENT S/TE �a t�PGS T-� Pt7WE)tP I • • 1 I N 00'2330'E 6wsENENT - CHAIN LD4(FENCE • 30• 30' 30 00' Jaaa �tP. al '.- Al `' A ) LOT 153 : • .. . N89'3C30'W 30.od j . I'' J • I LOT 152 a ; oasnnc . a ' .. r t srarr °- I • r resmemcE ri r . N. yy a'' r PLAT OF ; ° / • TEQUESTA • ;�� • • 2 a ; '• . PLAT BOOK 25,PAGES 7-15 li I>.«,y ANO•OR ITYP) • PALM BEACH cowry 3 • - R).t:Tw ¢.o70; . • •rg4006/A Dave . WOOD POWER ' ' TEQUESTA DRIVE . .Pau cm). • 7'" �•: _ (PLAT BOOK 25,PAGES 7-15) . . '_ '• • ,_ t n..w court,the 04 oisatvtri+ e:Kua:a.r.u%a a.n Wwe • r..2..d ti 4,e0.14.e...411.IM Sr..vIne i1•Ms48-pt.pm 21 144$.Reads • _ •. Adn,.isti.tlr.Gad.,Mt forth by Doe Ratm,nsml..f Lund Syswrs's.rowan N • Saxton 472.027, Raddtl Statutes.sad.*Ow r1d.c.ls.ct Y:th.,lot a(IWI • 9•ssid i.1.f. 7 • . . _ DATE: GI/4I.93 trC mir .• . . ' ,GALE t. I.. .gyp. • •: • p s11.;4213 REVISIONS-UPDATES DATE BY CK'D NDT.:.ms a tiot A#001 OF WRYLY.iwtaw• p.pNc g. ia+a:• shown Wows- INN . • 'I■s been ne wwa.ka tit+w p c tn•wty.M • n.....sans sat 1±connwM oNh the wwr$u..et tbb . .. Jnt.nnrtfstt sfq�rNis ... - . • . . .Lw.y WAN eosw.eds.of s.cw/. •;•'. .. • ..... tetra •.L 0/s-IAI Inv, F5,11un f:WFf KFfls P.L.W. 1F.R. -- PC. ' ' •bDATE, G//4/'3 's DESCRIPTION: A PARCEL: OF LAND LYING WITHIN LOT 152, PLAT OF TEQUESTA, RECORDED IN PLAT BOOK 25, PAGES 7 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 152; THENCE SOUTH 89°36'30" EAST ALONG THE NORTH LINE OF SAID LOT 152, A DISTANCE OF 95.07 FEET; THENCE SOUTH 00°23'30" WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;. THENCE CONTINUE SOUTH 00°23'30" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH, 89°36'30" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 00°23'30" EAST, A DISTANCE 30.00 FEET; THENCE SOUTH 89°36'30" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 900 SQUARE FEET MORE OR LESS. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. BEARINGS BASED ON AN ASSUMED MERIDIAN THE NORTH LINE OF LOT 152 IS ASSUMED TO BEAR SOUTtI 89°36'30" EAST. SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. ' REFERENCE ATTACH SKETCH FOR A GRAPHIC DEPICTION OF THIS DESCRIPTION. CUFNEywo-1 Y1-1 AE9