HomeMy WebLinkAboutDocumentation_Regular_Tab 9F_3/26/1992 2E7:7
eVILLAGE OF TEQUESTA
Post Office Box 3273 •• 357 Tequesta Drive
4 Tequesta. Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203
(If
`if coUN'
TO: Village Council •
FROM: Thomas G. Bradford, Village Manager .
DATE: . March 19, 1992
SUBJECT: Resolution No. 13-91/92; 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. 13-91/92 accomplishes these purposes. I recommend
that the Village Council adopt this Resolution.
TGB/krb -
Attachment
• Recycled Paper
RESOLUTION NO. 13-91/92
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
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, 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
"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
Councilmember , who moved its
adoption. The motion was seconded by
Councilmember and upon being
put to a vote, the vote was as follows:
I �
•I
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
•
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•
•
EXHIBIT "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
saki 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 of 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 o.f record.
Reference attached sketch for a graphic depiction of this'description.
• L.nrveaeJIl r 116101-C Ot /17eDUL, I /11 I I=b r ! NU •
ENGINEERS PLANNERS ' TESTING SURVEYORS
. 420 COLUMBIA DRIVE WEST PALM 13EACII, FLORIDA
PHONE (407) G84-G686
SKETCH TO ACCOMPANY DESCRIPTION
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CERTIFICATION
I hereby certify that the description and attached sketch of description%
prepared In accordance with the Survnying Standards, Chapter 21 HH.6. Fir
Administrative Coda.sot forth by the Florida Board of land Surveyors,pursuer
Section 472.027, Florida Statutes, end Is two end correct to the bost of
knowledge end bone!.
SGALti 1' eSo' DATE: MAY31•149I
c'tory C.White
Rogistorod Land Survoyor No.4213
State of Florida
REVISIONS-UPDATES DATE BY �K'D mug: THIS IS NOT A SKETCH OF SURVEY,but on
graphic depiction of the description shovm horoon. TI
has laden no field work,viewing of the subject property
monuments sot In connection with the preparation of
Information shown horoon.
110i: Lands shown horoon were not abstracted for rii
of way end/or oesemonls of record.
•
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 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.
Lff1ov(s . IiL)DLc of ADDUUTAiI_S . INC .
ENGINEERS PLANNERS TESTING SURVEYORS
• 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA
PHONE (407) 684-6686
SKETCH TO ACCOMPANY DESCRIPTION
I. ti.44.45'40" ..
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URT�E �`s .
7_______ —
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4.33 37.4z. • P.O.B.
ACCESS
NORTH LINE LOT 12 A,443•13' EASEMENT
I �SIG - 5.00'
N.W.CORNER 55'36"
LOT12, I .21'BLOCK 5
(P.B.4,PG. 93) 203
I
LOT 12 12'ACCESS
BLOCK .5 tow w EASEMENT
6 (985+SQUARE
TURTLE CREEK VILLAGE ;S . I$
PLAT BOOK 4, Si I S
PAGE 93
P..o B.4 N 90.00'00*w
_ 12.00'
\ S EASEMENT wI� w
o t900' 21.00�}, I /
lSAo fir( g'N 90 00 0O �5
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VA 0� n ,0 5.90' J� ' N 4.00'
4' `r \ N 00°00'00'E „. / / 10.f0'
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`Q.f \ �/ /. EASEMENT _
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CERTIFICATION
I hereby certify that the description end attached sketch of description war
prepared in accordance with the Surveying Standards, Chapter 21 HH-6, Florid
Administrative Code.set lorth by the Florida Board of Land Surveyors,pursuant 1
Section 472.027. Florida Statutes, and Is true and correct to the best of m
5 GAL!' IN 501 knowledge and belief.
DATE: Twit I I,19 9 I ���C ✓—
Per C.White
Registered Land Surveyor No.4213
State of Florida
REV I S I ONS—UPDATES DATE BY 'CK'D NOTE: THIS IS NOT A SKETCH OF SURVEY,but only,
graphic depiction of the description shown hereon, Then
has been no field work,viewing of the sublect properly,a
monuments set In connection with the preparation of tNt
Information shown hereon.
NOTE: Lends shown hereon were not abstracted for right.
1
of-way and/or easements of record.
EXHIBIT "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
SKETCH TO ACCOMPANY DESCRIPTION
tos
® Q .
A °_- 0 TURTLE CREEK EAST, II, A P.U.D.
• PLAT BOOK 11,PAGE 80
J 2 i(MARTIN COUNTY,FLORIDA)
LOT 33
~ I LOT 34 3
0 S v ss I $
o$o P.O.B.I $ t nii
MARTIN COUNTY � CRT r C LOT 152 .
SECT. 23-40-42 z g:-•36'30•E g5.07'• o•
®- L..
SECT.26-40-42 �' •_' _5$9 36 3$"E =T� '�
PALM BEACH COUNTY 1 �_ "yd 30_.° r �2 'W
I N 89.36'30'W 94.99' �-' ' ' EXISTINGCONCRETE
-J
UTILITY
POWERPOLE I I UTILITY EASEMENT
E
EASEMENT ) r (Pa 2s,PGS.T-15)
N 0030 • (1854i SQUARE
I CHAIN Lrc FENCE
30' 30' a 0O-
ER
N LOT 153
I�.! ; W N89'34 30'W m� m
V N. I 23.21' c} 6 . Q,»ize!
Q I LOT 152 r k a ' 1317(IT
il o , RESIDENCE
N W O
PLAT OF o •�,,...e,
ix c I TEQUESTA S S
o a PLAT BOOK 25,PAGES 7-15
PALM BEACH COUNTY o I Gt>Y ANCHOR �
, z .
_.........) Z
NaR7H R.o.w. �
TERuaf.tA ORrvt N90'oo'00•W} SANITARY
I2.00' - aFANOUT
TEQUESTA DRIVE PO (T rP".
(PLAT BOOK 25,PAGES 7-15)
c.
CERTIFICATION
I hereby certify ihet the description and attached sketch of description w
prepared In eccordenca with the Surveying Standards, Chapter 21 HH-S, Floc
Administrative Code,set forth by the Florida Bobrd of Land 6urveyon,pursuant
Section 472.027, Florida Statutes, end Is true and correct to the best of
knowledge and bellf.
DATE: Tutac 11,199 1
''GALL t I"' 30' rryC. Idle
Registered Land Surveyor No.4213
Slats of Florida
REVISIONS-UPDATES DATE' BY CK'D Hon: THIS IS NOT A SKETCH OF SURVEY,but onl
graphic depiction of the description shown hereon. Th
has been no field work,viewing of the sublecl property.
_ monuments set In connection with the preparation of tl
Information shown hereon.
1
NQIE: Lands shown heroon were not abstracted for rig',
of-way and/or easements of record.