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HomeMy WebLinkAboutDocumentation_Regular_Tab 8E_4/16/1992 �r1 _ _ ci.W E ir*liii VILLAGE OF TEQUESTA . PI Post Office Box 3'_73 • 357 Tequesta Drivc ice•' t '�'n`�'$ir`I'Od ,f'ih i!`� �° Tequesta, Florida 33 369-0_273 • (407) 575-6200 Lt y3 ,. .: , 3 ;'m'a �° FAX OW) 575-6'_03 ME 1Q1 I ] 1DLiM TO: Village Council FROM: Thomas G. Bradford, Village Manager DATE: April 10, 1992 SUBJECT: Resolution No. 16-91/92; Resolution of Necessity for Well Sites 25, 26 and 27; Agenda Item As you know, the Village of Tequesta was successful in its dispute with the Department of Environmental Regulation (DER) relative to the requirement for fixed power sources at well sites. Upon issuance of the revised DER permit, we will advertise for bids for Phase I which will bring Well 24 on line. Phase II pertains to Wells 25, 26 and 27. By virtue of our DER victory, the size of the well sites for these wells do not need to be enlarged to provide space for fixed auxiliary power sources. Therefore, the Village is ready to proceed in acquiring the necessary land for these wells, and as such, a Resolution of Public Necessity is necessary to proceed with acquisition of these sites, using its power of eminent domain, if necessary, to secure them in a timely manner. Resolution No. 16-91/92 accomplishes these purposes. I recommend that the Village Council adopt this Resolution. TGB/krb Attachment Recycled Paper RESOLUTION NO. 16-91/92 A RESOLUTION OF THE VILLAGE COUNCIL OF 'Tur VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLux1uA, 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 DOMA:,. PROCEEDINGS. WHEREAS, the Village of Tequesta Engineers have recomm.,md. 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, 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 as 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, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council adopts and ratifies those matters as set forth in the foregoing recitals . Section 2. The Village Manager is hereby 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. 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. 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 purposed hereinabove directed. Be it further resolved that the property described on Exhibit '11" 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 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. , 1992. MAYOR OF TEQUESTA Earl L. Collings ATTEST: Joann Manganiello Village Clerk • EXH(IBIT "1" DESCRIPTION; UTILITY EASEMENT A parcel of land lying within the Southwest one-quarter of the Southwest one-quarter of Section 23, Township 40 South, Range 42 East, Martin County, Florida, and being more particularly described as follows: Commence at the intersection of the Southwest Right-of-way line of County Road, 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 a line 800 feet North of and parallel with (as measured at right angles) the South line of the Southwest one-quarter of said Section 23; thence South 45°14'20" East along the Southwest Right-of-way line of said County Road, a distance of 169.50 feet to the POINT OF BEGINNING; thence continue South 45°14'20" East along said Southwest Right-of-Way line, a distance of 12.00 feet; thence South 44°45'40" West, a distance of 140.00 feet; thence North 45°14'20" West, a distance of 30.00 feet; thence North 44°45'40" East, a distance cf 30.00 feet; thence South 45°14'20" East, a distance of 18.00 feet; thence North 44°45'40" East, a distance of 110.00 feet to the POINT OF BEGINNING. Containing 2220 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 Southwest Right-of-way of County Road as stated above, having a bearing of S 45°14'20" E. Subject to easements and restrictions of record. Reference attached sketch for a graphic depiction of this description. J � • L- nn.7vfi , IiUDLC b A Ul; 1AItb , INC . ENGINEERS PLANNERS TESTING SURVEYORS 420 COLUMBIA DRIVE WEST PALM BEACII, FLORIDA PHONE (407) G84-GG8G SKETCH TO ACCOMPANY DESCRIPTION 5. 8c1.4(0'l(ouW '. •• �a�e„. • c 0. PO C. s• ••y 0`�°\e• a i rA v L • '9 Link: aoo• IvoISTH of C Ir. F� c•,!r �4 •k •• youTH LINL, 'S.W. V+ 44 + O•, A ?' } .J StaTtoj 25- 4o-4z L F •e1 • . c Os Q1 •. 'e s Po. b. x .o • CI k4'/ �a 0 41 O to4 di. L I/ /.. ' `. . � /A /-y �ko ,)./e/ k° y0�` /4,t7Aaa"; MKoO R.b. 599, PG..31.2 lyD'/ Y/r � 0' ,` A�.%4 / D.R.6. 599, r .3enc 11rs o\- J • o ` / r . o o �' s MARTIN GouNTY .---) 9a `_90• ou-ni I-t,2sg.W. t/4 , 6EG71o, L3-40 4Z -2 5.89'464'I64"W r AL-M P5,EALH Gouwry ilk CERTIFICATION \l.` I hereby certify that the description and attached sketch of description prepared In accordance with the Surveying Standards. Chapter 21 HH-6, Ft Adminlstrailvo Cndn,set lorth by the Florida Doard of Land Surveyors,pursue' Section 472.027. Florida Statutes, and Is true and correct Ia the best of knowledge and ballet. SGALC i I'• 30r DATE: MAY 31,1991 1--04rG:-..-15.2:WIII‘t---77/4---i• Registered Land Surveyor No.4212 State of Florida REVISIONS-UPDATES DATE BY CK'D NOTE: Tills IS NOT A SKETCH OF SURVEY,but on graphic depiction of the description shown hereon. Ti has bean no field work,viewing of the sublocl proportl monuments sot In connection with the preparation of Information shown hereon. NOTE: Lands shown hereon were not abstracted for ri, of•way andlor easements of record. I_ .. .. — . . EXHIBIT "1" 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 8.9°46'16" West according to said Plat. Subject to easements and restrictions of record. Reference attached sketch for a graphic depiction of this description. • Ll1n7Vflli IrUDL.0 b AJ,UU1AIt , INC . ENGINEERS PLANNERS TESTING SURVEYORS t • 920 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA PHONE (407) G84-6686 SKETCH TO ACCOMPANY DESCRIPTION r' u.44.45-4o"G. \\R.?55 oo :lIll'—= CREEK _ N 4.33 3T•42• DRIVE P.O.B. NORTH LINE LOT 12 A.g43.13 ACCESS N EASEMENT IFRRIGATICN �.,, VALVE R-755.00' N.W. CORNER 0-0'55'36* LOT12, NI I A-12.21' BLOCK 5 (P.B.4,PG.93) . ro LOT 12 I 12'ACCESS 3 BLOCK 5 0 g : (E98s+SCCARE TURTLE CREEK VILLAGE :8 I8 FEEn • . \ PLAT BOOK 4, $Z I I$ s to PAGE 93 N 90•00'00•W P.O.B.— , - 12.00' \� UTILITY \ S EASEMENT W%.00t 21.00,1 W lr� . A- $iNN90.00'00•Ei5 C \ 1, 0 0 "'{P ',id q I P IRRIGATION e \o I,,' ran t o VALVE t'�� z t14-00' In ,111') m EXISTING . )ip� \ N 9•00'00•W� .N 90'00'00•W p� 'P \ 5.90' 4. 4.00' y�OG'�/ a N 00'00'00•E•4 / /�10,10' trO .1/4 \ %43)4/044 UTILITY ,Pr` \\ ? /V. e. . EASEMENT C- / 4%hN. II576+ LRE Alrfisb. / .4 i / 0 IL if).'\ h1*0� yVP \465. R• CERTIFICATION I hereby cerilly that the descriplion end attached sketch of description r„ prepared In accordance with the Surveying Standards, Chapter 21 HH-6, nor Administrative Code.eel forth by the Florida Board of Land Surveyors,pursuant Section 472.027, Florida Statutes, and Is true and correct to the best of knowledge and belief. 5GAt.t1 IN 30 DATE: SNMt lit 199 1 vP/�t/•% er C.White Registered Land Surveyor No.4213 Slete of Florida REVISIONS-UPDATES DATE BY CK'D NOTE: THIS IS NOT A SKETCH OF SURVEY.but only graphic depiction of the description shown hereon. The has been no field work,viewing of the subject properly. monuments set In connection with the preparation of It Information shown hereon, NOTE: Lands shown hereon were not abstracted for rigs of-way and/or easements of record. JOB No. 90-Icili BY, 1511E01-10 CHECKEDI P•e•`N• F.B. - PG. - DATE, (0111191 • EXIIIBIT "1" 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 & ASSOCIATES , INC . ENGINEERS PLANNERS TESTING SURVEYORS • 420-COLUMBIA DRIVE WEST PALM BEACH, FLORIDA PHONE (407) 684-6686 e SKETCH TO ACCOMPANY DESCRIPTION ; . w ._ V TURTLE CREEK EAST, II, A P.U.D. o PLAT BOOK 11,PAGE 80 OJ i(MARTIN COUNTY,FLORIDA) LOT 33 o 0 LOT 34 Z - I 3 • °1 ty o Q o V I I E9 ' o$o P.O.B. �g $ 04 a•e,f�.. 12'ACCESS EASi7.tENT M MARTIN COUNTY o NORTHWEST CORKER LOT I52 $^ o tn o p • SECT. 23-40-42 z 58-"34'30"E 95.07'. to ft- SECT. 26-40-42 '.'l _ _5$9'�6'3g'E T� '1/ PALM BEACH COUNTY I "qd 3o. o or/2 •w CONCRETE I N 89'36'30"W 94.99' I� EXISTING POWER POLE I UTILITY EASErr I I to EASEMENT 1 Ira 25,FGS 7-15) N 00'23'30' �„ f1894 t SQUARE I CHAIN LINK FENCE 30' 30' / 1)) / 30.00' FEED) `_ Q U J • iii N- 2 LOT 153 w i . W N89.36;30"W IN V 1- 2 3.21' i} •R ui Q to `t a I LOT 152 r I. •q EXIST h in o RESMENce • N W O I 6 PLAT OF 8 g ������ ct m TEQUESTA ��, o a I PLAT BOOK 25,PAGES 7-15 NI_ PALM BEACH COUNTY o are ANCHORJ ______) z Z AI.aTW w 2.o. . ��"�� TEalueSTA 17stue f N 90'00'OO'W SANITARY 12.00' CLEANOUT b PO TEQUESTA DRIVE cr -«CIY WERPJ (PLAT BOOK 25,PAGES 7-15) T. - - CERTIFICATION I hereby certify that the description end attached sketch of description we prepared In accordance with the Surveying Standards. Chapter 21 HH-6. Sod Administrative Code.tat forth by the Florida Board of Lend Surveyors.pursuant Section 472.027. Florida Statutes, end Is true end correct to the best of r knowledge and belief. DATE: TUAst 1111911 • 1% LJGALE t Ie' 30' PdrryC. Ie y Registered Lend Surveyor No.4213 State of Florae REV I S I ONS-UPDATES DATE BY FK'D NOTE: THIS IS NOT A SKETCH OF SURVEY,but orgy graphic depiction of the description shown hereon. The. hes been no field work,viewing of the subject property, monuments set In connection with the preparation of th Information shown hereon. NOTE: Lands shown hereon were not abstracted for rfgt of-wry endlor easements of record.