HomeMy WebLinkAboutDocumentation_Regular_Tab 10G_7/23/1992 JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTORNEYS AND COUNSELORS
FLAMER CENTER TOWER
505 SOUTH FLAOLER DRIVE
ELEVENTH FLOOR r I •
P.O.DRAWER E , HENRY F LILIENTHAL
L
LARRY B ALEXANDER JOHN M. .ROUX /(� 1902.1952
ViNCENT J.ALTINO JOHN BLAIR McCRACKEN WEST PALM BEACH,FLORIDA 33402.34 ••
STEPHEN J AUCAMP SCOTT L.McMULLEN , . HARRY ALLISON JOHNSTON
MICHAEL 0 BROWN PAMELA A.MC.NIERNEY (407)050.3000 y11WGE OF •� 11595•10113
SCOTT M COLTON TIMOTHY E.MONAGHAN
JOYCE A CONWAY JOHN C.RANDOLPH FAX:(407)832-1454 .i R BRUCE JONES
MARGARET L COOPER PAULA REVENE TEQUESTA `. 1991.1999
BYRON R.CORNWELL ANOREW ROSS
O.DOANE O.DOANE STEVEN J ROTNMAN PAUL C WOLFS
CHRISTOPHER S.DUKE PETER A.SACHS JUL t037.1 D9t
L.MARTIN FLANAGAN D CULVER SMITH III
LORI E HANDELSMAN JOEL T STRAWN 0 61992� ' RETIRED •
SCOTT 0 HAWKINS MONEY A.STUBBS.JR WRITERS DIRECT LINE: , __ �
VILLAGE WILLIAM A.FOSTER
THORNTON M HENRY ALLEN R.TOMLINSON -- 2
PETER S HOLTON JOHN B.TRIMPER MANAGER'S
J A JURGENS MICHAEL P.WALSH //11 OTHER LOCATION
MARK B KLEINFELO H.ADAMS WEAVER OFFICE MICHAEL T.KRANZ 94 N E FOURTH AVE.
O, kp DELRAY BEACH,FLORIDA 33093
u, jTA>
•
•
July 1, 1992 • •
Thomas Bradford, Manager
Village of Tequesta •
Post Office Box 3273
Tequesta, Florida 33468-0273
Re: Village of Tequesta - Wells. Matter
Our File No. 13153.10
Dear Tom: •
•
Enclosed please find the proposed Resolution for the condemnation
of the easements necessary for Well Sites 25, 26_ and 27. The
Resolution basically restates many of the matters contained in the
initial Resolution but has been amended to include language
relating to the change in the legal description for Well Site 26.
I spoke with Don Sasser, attorney . for the Boy Scouts of America, •
and he indicated that we would be receiving correspondence directly
- from the Boy Scouts conditionally approving the sale of the
easement to the Village. The condition that was initially attached
related to the Village allowing passage of trucks over Tequesta
Drive for the transportation of shell rock for repair of the Boy •
Scout Road. Since then the Boy Scouts have found an alternate
route. Reggie , Knight, Executive Director of the Boy Scouts of
America, is sending a letter confirming that they have approved-the
sale of the easement and that the additional condition need not be'
met. I will prepare the Easement Deed and arrange for the closing.
Thomas Bradford, Manager
Village of Tequesta
July 1,, 1992
Page 2
I spoke with Ms. Patten of the Girl Scouts who indicated that they
have voted on our request and have mailed a response. I will call
you as soon as I receive their response.
Sincerely yours,
JONES, FOSTER, JOHNSTON
& STUBBS, P.A.
By•
n M. Le oux
JML/mrt/tb.le3
Enclosure
•
•
JONES , FOSTER , JOHNSTON & STUBBS , P . A .
RESOLUTION NO: Z.2 /0a
RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA AMENDING RESOLUTION NO.
16-91/92, DECLARING ACQUISITION OF LAND FOR
WELL SITES AND WATER UTILITY LINES . TO BE A
PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT
OF NECESSARY EXPERTS; AND AUTHORIZING THE
FILING OF EMINENT DOMAIN PROCEEDINGS.
WHEREAS, the Village of Tequesta Engineers have
recommended ,the acquisition of lands needed for the provision and
transmission of potable water for the Village of Tequesta water
system; and •
WHEREAS, funds are available for the acquisition of the
necessary lands; and
WHEREAS, Resolution No. 16-91/92 provided for the
acquisition of lands for three well sites and associated easements;
and
WHEREAS, the Village engineers and Village staff
recommend the amendment of the legal description of the lands
necessary for the provision and transmission of potable water for
the Village's water system; and
WHEREAS, the specific property required and needed for •
the above-described water utility purposes is described on Exhibit
"1" attached hereto and by reference incorporated herein; and
. WHEREAS, the Village of Tequesta finds that the
acquisition of lands needed for the improvement of the Village of
Tequesta water system, described on Exhibit "1", is a public
necessity and the same is necessary and essential to the best
interests of the Village of Tequesta, and that the acquisition of .
the needed real property, as described on Exhibit "1" for water
utility purposes is also a public necessity; and .
WHEREAS, in order to accomplish the acquisition of the
needed easements, it is necessary for the Village of Tequesta and
the Village Attorney to take legal action and employ real estate
appraisers and other experts.
NOW, THEREFORE., BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA:
SECTION 1. That the Council adopts and ratifies those
matters as set forth in the foregoing recitals.
SECTION 2 . That the Village Manager is authorized and
directed to employ real estate appraisers and other experts as
necessary for the purpose of appraising the value of the property
described on attached Exhibit "1" and providing expert testimony as
may be required for the purpose of acquiring said property.
SECTION 3 . That the Village Attorney is hereby
authorized and directed to proceed to take the necessary steps for
the Village of Tequesta to acquire in its own name by donation,
purchase or by eminent domain proceedings the real property
described on Exhibit "1" and to have prepared in the name of the
Village of Tequesta, all papers, pleadings and other instruments
required for that purpose, and to see that all eminent domain
proceedings are prosecuted to judgment.
SECTION 4 . That the Village Manager and the Village
Attorney are hereby authorized and directed to take such further
actions as are reasonably required to fully accomplish the purposes
hereinabove directed.
Be it further resolved that the property described on
Exhibit "1" is to be used for the following public purpose: for
the provision of potable water to the Village of Tequesta Water
Utility System and its consumers.
THE FOREGOING RESOLUTION was offered by Council Member, .
, who moved for its adoption. Motion was
seconded by Council Member, , and upon
being put to a vote, the vote was as follows:
FOR ADOPTION: AGAINST ADOPTION:
Mayor thereupon declared the Resolution duly passed and adopted,
this day of , 1992 .
VILLAGE OF TEQUESTA
by: • Earl L. Collings ; Mayor
Attest:
Clerk
jm1/13153.10
resolute.3
•
DESCRIPTION: UTILITY 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 95.07feet; 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 18.00 feet; thence South 89°36'30"
East, a distance of 5.12 feet to a point on the East line of said Lot 152; thence South
00°00'00" East along said East line, a distance of 86.36 feet to a point on the South
line 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 74.44 feet; thence North
89°36'30" West, a distance of 23.21 feet; thence North 00°23'30" East, a distance
of 30.00 feet;thence South 89°36'30" East, a distance of 30.00 feet to the POINT
OF BEGINNING.
Containing 1,854 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.
•
90-191.DES
LAWSON , NOBLE b ASSOCIATES , INC .
ENGINEERS PLANNERS TESTING SURVEYORS
• 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA
PHONE (407) 684-G686
SKETCH TO ACCOMPANY DESCRIPTION
.. I 5 v TURTLE. CREEK EAST, II, A P.U.D.
0 PLAT BOOK 11,PAGE 80
g I(MARTIN COUNTY,FLORIDA) LOT 33
V I LOT 34 3 3
U (3. . 1, m ,,,g i
$(3 P.O.B. N N $
MARTIN COUNTY $N CI: I NOOR12'ACCESS T CORER LOT 152 EASENENTg^ o g.doai
SECT.23-40-42 z 5 84'�6'30'E 95.07'L_ , U) 1
SECT.26-40-42 �1 —` — —5$9.'6; %OE 7.' 0d23'3d'w(—
PALM BEACH COUNTY I `� 00 EXISTING -�
I N 89'36'30'W 94.99'
1 ACC ETE 1 1 UTILITY EASEMENT
WT
I 1 1 p EASEMENT . t'.B.25,PG&7-15)
I N 00'23'30'E aa54*S ARE I 1 CHAIN UM FENCE
30' 30' ,, 30.00' -, 1
N W LOT 153
'� N89'34u 30'W_1 wN sg
W ti I 23.21' ;t R�
I -J I LOT 152 r 3. 3 EXISTINGI CI: I 1 STORY
' wJ in o RESIDENCE
N , ,U OO
cc I TEQUESTA - $ �0
o Q PLAT BOOK 25,PAGES 7-15 I '�y p pR m,P.)
PALM BEACH COUNTY do yy��
.....}
2
/1a0.?M 12.0..J •7 '% S .
rt4u/STA DR1vG SANITARY
I N 90'00'12.00 b OI NfOUT
TEQUESTA DRIVE vWow POWER
• . (PLAT BOOK 25,PAGES 7-15)
CERTIFICATION
1 hereby certify that the description and attached sketch of description were
prepared In accordance with the Surveying Standards, Chapter 21 HH-S,Florida
Administrative Code.set forth by the Florida Board of Lend Surveyors,pursuant to
Section 472.027, Florida Statutes, end Is true and correct to the best of my
knowledge and begel.
DATE: Tutat 11,19°1l � C
66At.L : I"• 3O' ✓PorryC.White
- Registered Lend Surveyor No.4213
Stete of Ftorlda
REVISIONS-UPDATES DATE BY CK'D NOTE: THIS IS NOT A SKETCH OF SURVEY.but only.
graphic depiction o1 the description shown hereon. There
has been no Reid work,viewing of the subject properly,or
monuments set In cornfnectlon with the prapaatbn of this
Information shown hereon.
NOV Lends shown hereon were not abstracted for right-
s of-way endlor easements of record.
JOB No,gO-1`11 1 BY!5ZUNo (CHECKED, r'•' '. IF.B. — PG. — IDATE8 60/11191
•
DESCRIPTION: UTILITY EASEMENT
A parcel of land lying within Lot 12, Block 5, as shown on the plat of Turtle Creek
Village, recorded in Plat Book 4, Page 93 of the Public Records of Martin County,
Florida, and being more particularly described as follows:
Commence at the Northwest corner of said Lot 12; said corner lying on a circular
curve concave to the Northeast whose radius point bears North 44°45'40" East from
said point, having a radius of 755.00 feet; thence Southeasterly along the arc of said
curve, and Northerly boundary of said Lot 12 through a central angle of 33°37'42",
an arc distance of 443.13 feet to a point of intersection with a non-radial line bearing
South 00°00'00" West (the North line of said Lot 12 being coincident with the South
right-of-way line of Turtle Creek Drive as shown on said plat of Turtle Creek Village);
thence South 00°00'00" West, a distance of 83.22 feet to the POINT OF BEGINNING;
thence North 90°00'00" East, a distance of 21 .00 feet; thence South 00°00'00" East,
a distance of 30.00 feet; thence North 90°00'00" West, a distance of 4.00 feet;
thence South 00°00'00" East, a distance of 10.10 feet; thence South 38°36'13"
West, a distance of 51 .05 feet to a point on the Southwesterly line of said Lot 12;
thence North 45°14'20" West along said southwesterly line, a distance of 12.07 feet
(said southwesterly line of Lot 12 being coincident with the northeasterly right-of-way
line of County Road, as shown on said Plat of Turtle Creek Village); thence North
38°36'13" East a distance of 45.55 feet; thence North 00°00'00" East, a distance
of 5.90 feet; thence North 90°00'00" West, a distance of 14.00 feet; thence North
00°00'00" East, a distance of 30.00 feet, thence North 90°00'00" East, a distance
of 9.00 feet to the POINT OF BEGINNING.
Containing 1576 square feet more or less.
Said lands situate, lying and being in Martin County, Florida.
Bearings based on the plat of Turtle Creek Village, as recorded in Plat Book 4, Page
93, of the Public Records of Martin County, Florida, the South line of the southwest
• one-quarter of Section 23-40-42 bears South 89°46'16" West according to said Plat.
Subject to easements and restrictions of record.
Reference attached sketch for a graphic depiction of this description.
• , .
LAWSON , NOBLE & ASSOCIATES , INC .
ENGINEERS PLANNERS TESTING SURVEYORS
• 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA
I'IIONE (407) G84-0686
SKETCH TO ACCOMPANY DESCRIPTION
,' P.1.44•45 4o"G•
r-cFADiAf.‘ `
TURT�� __� N
\\R.,ssoo.. _ CREFK DRIV
- ---Iiill
4:33 3,"42" /
C P.O.B. ill
NORTH LINE LOT 12 A�4'043, EAASEMENT SS a
IR1IGATI��pd
VALVE R755.00'
N.W.CORNER '55'36"
I -O
LOT12, I A•1221'
BLOCK 5 Uki
(P.B.4,PG.93) 21
a
LOT 12 12'ACCESS
3 w w EASEMENT
BLOCK 5 .O s I S (985+SQUARE
TURTLE CREEK VILLAGE °$
\ PLAT BOOK 4, e$ I is
PAGE 93 It z to
e S P.O.B._ N 90'00'00*W
12.00'
\,NtP UTILITY i EASEMENT w't9.00' 21.00'l; r /
fr ).` $IN90.00'00"Elg
t; �} b l' o f
P I • o I S IRRIGATION
Co ( o KS oVALVE
�Cp �/ ° O z 4_00' I N
`�L� '/� \ 2 N .�r�- '1 EXISTING
'� ')}- `f" ,/� N 90'00'00'W BUILDING
.Q \ r6 % 4.00'
$ O ^Ij,e 5.90
46,,•40/ `� N 00'00'00'E „��/ / 10.10'
,bi O' \ 4V/ .S 00'00'00"E
t IO' o \ 4/tty,am UTILITY
EASEMENT NT
FrG \` ,/ •�/�oy (1576+SQALRE h• FEET)i e0
• /
d'� h1�� 4'{ `
ece R 1v i o�'h \
i \
CERTIFICATION
I hereby certify that the description end attached sketch of description we
prepared In accordance with the Surveying Standards.Chapter 21 HH•6, Fled
Administrative Code.sot forth by the Florida Board of Land Surveyors.pursuant
Section 472.027. Florida Statutes, and Is true end correct to the best of ,
knowledge and belief.
6LAL.tt IN,.°Jon
DATE: Sunk I1,199 1 __
orry C.White
Registered Land Surveyor No.4213
State of Florida
REVISIONS—UPDATES DATE BY CK'0 NOTE: THIS IS NOT A SKETCH OF SURVEY.bet errl
. ' graphic depiction of the description shown hereon. The
has been no field work,viewing of the sublect properly.
monuments set In connection with the preparation of 11
information shown hereon.
NOTE: Lands shown hereon were not abstracted for rig
of--way and/or easements of record.
JOB No, 90-191 I BY 15 tut..so (CHECKEDI P•Z—W• IF.B. — PG. — 'DATE' (0!% /91
• LHWSUN , NUt1Lt t. HJJUL . I tL NO . 040 7JL0 Jun iv r oc .
DESCRIPTION: UTILITY EASEMENT
•
Two parcels of land lying within the following described Parcel "A":
PARCEL "A"
The North 200 feet of the South 500 feet of the following described tract of land:
Those parts of the Southwest quarter (SW ' ) of the Southwest quarter (SW '/.) of
Section 23, Township 40 South, Range 42 East, and of Government Lot 3 of Section
22, Township 40 South, Range 42 East, which lie Northerly of a line which Is 300
feet Northerly of an parallel to the Palm Beach-Martin County line and Westerly of the
County Road as said road now exists.
Being a strip of land 12 feet wide, being bounded on the East by said County Road
and lying 12 feet South of (as measured at the right angles to) the following described
perimeter line: Begin at the Northeast corner of. said Parcel "A"; thence South
89°46'16" along the North line of said Parcel "A", a distance of 100.00 feet to a
point designated as Point "A" for future reference and the Point of Termination.
Together with the following described parcel of land:
Begin at the above described Point "A"; thence South 89°46'16" West along the
North line of Parcel "A", a distance of 30.00 feet; thence South 00°13'44" East, a
distance of 30.00 feet; thence North 89°46'16" East, a distance of 30.00 feet;
thence North 00°13'44" West, a distance of 30.00 feet to the Point of Beginning.
Containing a total of 2172 square feet more or less.
Bearings are assumed and based on the North line of the described Parcel "A" having
a bearing of North 89°46'16" East.
Subject to easements and restriction of record.
Said lands situate, lying and being in Martin County, Florida.
Reference attached sketch of this description.
•
SURVEY\OO-191 DES.1
Lf1W JVt.• II1J,JL t_ v ,•v,v... .r.. —. . .•--_ ____ ___ ._ . -_ .- __ . .__
LAWSON , NOBLE & ASSOCIATES , INC .
ENGINEERS PLANNERS TESTING SURVEYORS
• 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA
PHONE (407) 684-6686
SKETCH TO ACCOMPANY DESCRIPTION
cogrti LIME OF (rout of
PARce L. 'A' PPIOT'A' \ W3EGll 141140 4r' '—^(75; L
0 1 b.o.00'� too•oo' t� °l 0 rc. 'r<< `--'"'
wrc,ti‘i...$ —� c' ` 4 ° 'F
.d.
C �Et 4, 1.4 �4(L N 3,Q
'' -,0 .....4,\\
u6q'ab. IV o4% tk. "r, QR 4'
•1 is 9..
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FARCEL `Ar F
• 0.8.6. 5411, Isoge 362
1
./'•O•R.6. 544, PC..3b2.
I.
°e o.R.6. 549, 1'e.x•S(.c:
f
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0
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. MAR71N GOw►.JTY
9 SouYH Ltnie,5.W. 'Y4 , BEU riots LS-40-4Z /
—tom C� .. .. --_ ._..
riekt-rA t'V AGN GouN•r-f
ctirriFIGATION
I hereby certify That lb.description and ettachsd sketch of description were
prepared In accordance with the Surveying Standards.Chapter 21 1W-6,Flalda
Administrative Coda,set forth by the Florida Board o1 Land Surveyors.pwwanl 10
Section 472.027. Flor•de Statutes, and Is true and correct to the best of my
knowledge and beget.
DATE: lune lb, Mat
66ALEt I". 4e per C.White
r
Re Isterod Lend Surveyor No.4213 •
5tete of Pforlda
N,
REV I S I ONS-UPDATES DATE BY CK'D WIC: THIS IS NOT A SKETCH OF SURVEY,b„f only a
- graphic depiction of the description drown boson. There
has been no field work,viewing o1 the sutrloct propeftw or
rwrnyments set In connection with try preparation of this
Information shown hereon. •
NOTE: Lends shown hereon We not abauaclad for right-
. of•wey and/or easements of record.
JOB ND. 10-t1t I BY' I5rwme JCHECKEDI r•G•w•JF.B. — PG. — !DATE( • 6(16(gt _