HomeMy WebLinkAboutDocumentation_Regular_Tab 6B_10/17/1991 7.
` - VILLAGE OF TEQUESTA
;04.;11" ? BUILDING DEPARTMENT •
-."-4, . Post Office Box 3273 • 357 Tequesta Drive
ch coN<y Tequesta, Florida 33469-0273 • (407) 575-6220
FAX: (407) 575-6203
•
MEMORANDUM:
TO: Village Manager
Village Council
D`
FROM: Scott D. Ladd, Building Official .
DATE: October 3, 1991
SUBJECT: Petitions for Special Exception Use
St . Jude' s Catholic Church
204 U. S. Hwy.. One North
and
Exxon Service Station & Car Wash •
764 U. S. Hwy. One North
Per the requirements of the Special Exception use Section of the
Zoning Code. I hereby submit my recommendation to the Village Council
with regard to the above subject petitions as follows:
1. As to St. Jude' s Catholic Church:
A. A necessary variance as to the phasing of certain parking
requirements was granted on August 19, 1991. Copy of approval
letter attached.
B. The height of the proposed 110' high cross on top of the
proposed new church building is in contravention of the.
proposed requirements of the Mixed—Use Ordinance currently
under review by the Village and, therefore, may be determined
to be in contravention of the current state of "zoning in
progress" in the area where St. Jude' s is located. Copy of
proposed M—U Ordinance section attached.
C. The applicant is in the process of obtaining review and
approval from the Department of the Interior and DERM in order
to remove certain trees and undergrowth on the property. Any
approval by Council should be subject to the applicant
receiving the approvals from these agencies prior to the
issuance of a C. O. for the proposed project .
Page 2
2. As to the Exxon Service Station and Car Wash:
A. This project meets all special exception requirements and
other Village regulations with the exception of the Landscape
Code. A landscape waiver request has been submitted as part
of the site plan review package.
Each special exception request is in order and therefore, should be
considered for review and approval by the Village Council .
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1`' . 11 V 1 "- ✓ I
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• VILLAGE OF TEQUESTA 260
APPLICATION FOR SPECIAL EXCEPTION
THE UNDERSIGNED REQUESTS A SPECIAL EXCEPTION FOR THE USE
SPECIFIED BELOW. SHOULD THIS APPLICATION BE APPROVED. IT IS
UNDERSTOOD THAT IT SHALL ONLY AUTHORIZE THAT PARTICULAR USE DESCRIBED
IN THIS APPLICATION AND ANY• CONDITIONS OR SAFEGUARDS REQUIRED BY THE
VILLAGE OF TEQUESTA.
Alan J. Ciklin, As Agent for the Estate of Edmund J.
McCormick/Tequesta Bay Partnership
NAME OF APPLICANT: DATE:
MAILING ADDRESS: 515 N. Flagler Drive, 17th Floor, WPB, Fla. 33401
PHONE NUMBER: ( HOME) ( BUSINESS) 407-832-590_0_„,,
LOT/PARCEL ADDRESS: _„_N. US Hwy One, Teguesta
LOT: _ BLOCK: SUBDIVISION:
PROPERTY CONTROL NUMBER: 00-43-40-30-00-001 -0160
EXISTING USE: Fa_ee Standing Restaurant
DESCRIPTION OF SPECIAL EXCEPTION: Oil Company/Kiosk and Car Wash
A
PROPERTY OWNER: „Estate of Edmund J. McCormick/Tequesta Bay Partnership
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION:
1. CURRENT SURVEY OR SITE PLAN OF PROPERTY SHOWING STRUCTURES AND
SETBACKS.
2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS REQUIRING SPECIAL
EXCEPTION USE.
3. WRITTEN APPROVAL FROM PROPERTY OWNER.
4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION.
5. APPLICATION FEE OF TWO HUNDRED FIFTY ( $250. 00) DOLLARS. ( ALSO
APPROPRIATE SITE PLAN REVIE. E. ) SA .111
/
APPLICANT' S SIGNATU- . I
DATE
A. Bankers Trust Company
• 280 Park Avenue, New York, New York 10017
Henry A. Zarzicki Mailing Address:
Vice President P.C . Box 829,Church Street Station
The Private Bank New York, New York 10008
Telephone: 212-454-2965
May 10, 1991
Estate of Edmund J. McCormick
Alan J. Ciklin, Esq.
Boose Casey Ciklin Lubitz Martens
McBane & O'Connell
Northbridge Tower 1 - 19th Floor
515 North Flagler Drive
West Palm Beach, FL 33401
Dear Mr. Ciklin:
Please be advised that the undersigned, Henry A. Zarzicki, Vice
President of Bankers Trust Company, being an executor of the Estate
of Edward J. McCormick does hereby authorize you, Alan J. Ciklin,
to act as the agent for said estate in all matters concerning the
estate's real property located in Tequesta, Florida including, but
not limited to, the Petition for Annexation, the Application for
Community Appearance Review, the Application for Special Exception
and the Site Plan Review Application and Check List.
Sincerely,
Estate of Edmund J.Mccormick
By Bankers Truce •'mpany, Executor
Henry A. arzic 4 Vice President
STATE OF NEW YORK )
SS. :
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me this, the 14th
day of May, 1991, by. Henry A. Zarzicki, Vice President, Bankers
Trust Company.
i
/--2:14A.i-,.. -);/.
Notary Pubi9• F••.'
GENE F'ENDLEJON ,
NOTARY PUBog.,State oWew York;
• No.0.1 P. 490b288
Qualified in Kings Cdbnty
Certificate Filed in Neiv•YD.!h.Cnu
g ....
Commission Expires Sept.28, 19 •
9. Private Clubs.
a. Sleeping facilities shall be prohibited.
b. Such use shall be operated for the benefit of
members only and not as a business concern and not
open to the general public.
10. Libraries, Art Galleries and Museums.
11 . Full service fuel station or gas station, as provided:
a. All outdoor display of merchandise is prohibited.
b. A raised curb of at least six inches (6" ) in
height shall be erected along all street property
lines, except for driveway openings.
c. Curb breaks are limited to two (2 ) per street
frontage.
d. All fuel pumps, tanks, vents, pump islands and
pump island canopies shall conform to all setback
requirements for the district except that no such
pump, tank, vent, pump island or pump island
canopy shall be located closer than twenty-five
feet (25 ' ) to any side property line.
e. Off-street loading spaces which are provided for
the delivery of materials, merchandise, fuel oils,
or any similar accessory or product, shall be
located in such a manner on the site that they are
completely separate from customer parking areas
and access drives and; aisles thereto.
f. No automotive repair work or facilities for same
shall be allowed with this use within the C-2
Community Commercial District.
12. Hotels, subject to the following conditions:
a. All rooms shall be designed to be entered from
enclosed interior corridors.
b. All rooms providing glass sliding doors at first
floor grade level shall face an interior
;courtyard.
c. Accessory uses shall be allowed, such as: swimming
pools, spas, cabanas, saunas, tennis courts, club
houses, gazebos, utility buildings, restaurants
and any other similar use deemed appropriate by
the Building Official.
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ii(21,11;
VILLAGE OF TEQUESTA
; Alt BUILDING DEPARTMENT
• 357 Tequesta Drive
;A Alt
Post Office Box 3273eq
�'e _ + Tequesta, Florida 33469-0273 • (407) 575-6220
Ch coils
FAX: (407) 575-6203 September• '26, 1991
Mr. Alan J. Ciklin
Boose Casey Ciklin Lubitz Martens
McBane & O' Connell
515 North Flagler Drive
West Palm Beach, FL 33401
Dear Mr. Ciklin:
Subject : Community Appearance Board review.
Exxon Station with Car Wash
764 U. S. Hwy. One North, Tequesta
This letter is to confirm the action of the Village of
Tequesta Community Appearance Board at the September 25, 1991 meeting
acting on the subject application as follows:
Approved as submitted with the condition that the total
color scheme be coordinated with the barrel tile roof and
stucco walls and include all signage, and as shown on Gee &
Jenson drawing No. 91-101, sheets A-1 and A-2, revised
drawings dated Sept . 24, 1991.
As you are aware, this proposed project must go before the
Village Council for a Special Exception Public Hearing and for Site
Plan Review and has been placed on the agenda of the Council meeting
scheduled for Thursday, October 17, 1991 beginning at 7: 00 P. M. in the
Village Hall , 357 Tequesta Drive, Tequesta. You and/or your
representative must be in attendance at this meeting to present your
application and answer any questions the Council may have. If a
representative is not present, the Council will withhold action until
a later date.
If you have any questions regarding this matter, please feel
free to contact me.
• Very truly yours,
40
Scott D. Ladd
Clerk of The Board
/ jms
cc: Leslie Cook, Chairman CAB
Thomas G. Bradford, Village Manager
( I ) Establishments Selling Intoxicating Beverages.
( 1 ) All places of business selling intoxicating liquors, wines and
beverages for consumption on the premises shall not be located
within a one thousand foot ( 1, 000' ) radius of any church,
school or youth center. The one thousand feet ( 1, 000' ) shall
be measured in a straight line from main entrance door to main
entrance door.
( J ) Special Exception Uses.
( 1 ) Statement of Purpose.
The development and execution of a igning rdinance is based,
upon the division of the Village into districts, within which
the use of land and structures and the bulk and location of
structures in relation to the land are substantially uniform.
It • is recognized, however, that there are certain uses and
features which because of their unique characteristics, cannot
be distinctly classified or regulated in a particular district
or districts, without consideration in each case, of the
impact of such uses and features upon neighboring uses and the
surrounding area, compared with the public need for them at
particular locations. Such uses and features are therefore
treated as special exceptions. A special exception is not the
automatic right of any applicant.
( 2 ) Criteria.
Special exception uses and their related accessory uses or any
expansion, enlargement, or modification of an existing special
exception use shall be permitted only upon authorization of
the Village Council provided that such uses shall be found by
the Village Council to comply with the following requirements
and other applicable requirements as set forth in this
Ordinance:
( a) That the proposed use is ,a permitted special exception
use.
(b) That the use is so designed, located, and proposed to be
operated so that the public health, safety, welfare and
morals will be protected.
( c) That the use will not cause substantial injury to the
value of other property in the neighborhood where it is to
be located.
(d) That the use will be compatible with adjoining development
and the proposed character of the district where it is to
be located
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( e ) That adequate landscaping and screening is provided as
required herein.
( f ) That adequate off-street parking and loading is provided
and ingress and egress is so designed as to cause minimum
interference with traffic on abutting streets.
(g) That the use conforms with all applicable regulations
governing the district where located, except as may
otherwise be determined for planned developments.
(3 ) Findings.
Before any special exception is granted, Village Council shall
apply the standards set forth herein and shall determine that
satisfactory provision and arrangement of the following
factors have been met by the petitioner, where applicable:
( a). Compliance with all elements of the Village of Tequesta
Comprehensive Plan.
(b) Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
(c) Off-street parking and loading area where required with
particular attention to the items in (b) above.
(d) Refuse and service areas with particular reference to
items (b) and (c) above.
(e) Nuisance factors detrimental to adjacent and nearby
properties and the Village as a whole. Nuisance
factors shall include, but not necessarily be limited, to
noise, odor, smoke, glare, electrical interference and/or
mechanical vibrations.
( f) Utilities with reference to location, availability and
compatibility.
(g) Screening and buffering with reference to type, dimensions and character.
(h) Signs and proposed exterior lighting with reference to
glare, traffic safety, economic effect and compatibility
and harmony with properties is the district.
(i ) Required yards and other open space.
(j ) General compatibility with adjacent properties and other
property in the district.
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(k) Whether the change suggested is out of scale with the
needs of the neighborhood or the Village.
( 1 ) Any special requirements set out in the Schedule of Site
Regulations for the particular use involved.
( 4) Conditions and Safeguards.
In addition to the standards listed above and specific
conditions listed for each particular special exception listed
within any particular zoning district, the Village Council may
impose other such conditions and safeguards as it deems
appropriate in conformity with these zoning regulations for
the protection of the surrounding properties and the
neighborhood or general welfare of the public.
( 5 ) Denial.
Should the Village Council deny a special exception, it shall
state fully for the record the reasons for doing so. Such
reasons shall take into account the factors under Subsection
(3 ) above and all other conditions and particular regulation
relating to the specific special exception requested.
( 6 ) Limitations on the Filing of a Special Exception.
( a) Whenever Village Council has denied an application for a
special exception, the Village shall not thereafter
consider any further application for special exception on
any part of all or the same property for a period of
twelve ( 12) months from the date of such action.
(b) The time limits of Subsection (a) above may be waived by
three (3) affirmative votes of Village Council when such
action is deemed necessary to prevent injustice or to
facilitate the proper development of the Village.
( 7) Time Limits for Special Exceptions.
A special exception shall commence within twelve ( 12) months
from the date of grant of the special exception unless
extended by action of Village Council.
(a) Commencement of a special exception occurs upon the filing
of an application for a building permit, preliminary plat
or site plan, or upon the initiation of significant action
to satisfy requirements for improvements contained in a
development order or other regulatory documents relating
to said special exception.
(b) Only one extension shall be permitted and shall not exceed
six ( 6) months.
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(c ) Special exceptions granted to any governmental unit shall
be exempt from the provisions of this Subsection (7) ,
unless a time limitation is made a specific condition of
the special exception.
( 8 ) Special Exception Application Process. .
( a) A written petition for special exception shall be
submitted by noon on the .15th of the month or previous
regular business day indicating the section of these
zoning regulations under which the special exception is
sought and stating the grounds on which it is requested,
with particular reference to the written findings in
Subsection (3 ) above and other specific condition(s) if
applicable which Village Council shall address. The
petition shall include all material necessary to meet the
requirements of the development concept plan listed below
and any additional information that will demonstrate that
•the grant of special exception will be in harmony with
general intent and purpose of these zoning regulations.
(b) A petitioner seeking special exception approval shall
submit a development concept plan on one or more sheets of
paper measuring not more than twenty-four inches by thirty
six inches ( 24" x 36" ) and drawn to a scale not smaller
than one hundred feet ( 100' ) to the inch. The following
shall be provided on the development concept plan:
1 . Scale, date, north arrow, vicinity sketch, title of
the project and total gross acreage.
2. The boundaries and dimensions of the property and its
relationship to the surrounding road system including
the width of the existing. traveiway (pavement) .
3. The location and dimension of existing man-made
features such as existing roads and structures with
indication as to which are to be removed, renovated or
altered.
4. The location of existing easements, water courses,
section lines, water and sewer lines, well and septic
tank location, and other existing important physical
features in and adjoining the project.
5. The location and delineation of existing trees and
information as to which trees will be removed.
6. Identification of surrounding land use, zoning and
existing buildings within one hundred feet ( 100' ) of
the petitioned site, as well as the zoning of the
petitioned site.
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7. A layout of the proposed lots and/or building sites
including the following siTte data:
a. Finished floor elevation.
b. Common open areas.
c. Generalized landscaping and buffer areas.
d. Internal circulation patterns including off-street
parking and loading facilities.
e. Total project density.
f. Percentage of building coverage.
g. Percentage of impervious surface coverage.
h. Percentage of open space areas.
i. The shape, size, location and height of all
structures
8. A traffic impact analysis, as may be required by the
Village or its designated engineer, including the
following:
a. Future right-of-way dedications.
b. Intersection improvements.
c. Traffic control devices.
d. Traffic generation analysis.
e. Distribution and assignment of traffic.
f. Additional roadway needs.
9 . The proposed phasing of construction for the project
if applicable.
10. Commercial, office, and uses other than residential
shall provide the estimated square footage of the
structure(s) , the number of employees, estimated
seating, and the estimated number of users of the
facility, such as members, students and patients.
11 . Proposed hours of operation for commercial uses.
12. A drainage statement or drainage plan as may be
required by the Village cr its designated engineer.
13. Size, location and orientation of signs.
14. Proposed lighting of the premises.
15. Ten (10) aerial maps at a minimum scale of one inch
equals three hundred feet ( 1" = 300' ) , showing the
site- in question with paved boundaries superimposed.
16. A legal description of the land proposed for
development.
(c) The application shall be reviewed by the land development
staff within thirty (30) days of the submission deadline.
Upon land development staff review and analysis of all
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submitted materials, the Building Official shall forward a
recommendation to the Village Council. 1i
( d) A public hearing shall be ; held by the Village Council.
The property owner may appear personally or by agent or
attorney.
( e) Notice of Public Hearing shall be advertised fifteen ( 15 )
and five ( 5 ) days in advance of the public hearing in a
newspaper of general circu .ation in the area. The owner
of the property for which special exception is sought or
his agent or attorney designated by him on the submitted
petition shall be notified by mail. Notice shall be given
by mail to all owners of property within a three hundred
foot (300' ) radius of the boundary lines of the property
for which a special exception is requested. The list of
property owners within the stated radius shall be provided
by the applicant from the most recent tax roll information
• as provided by the Palm Beach County Appraiser's Office.
The applicant must furnish an affidavit signed by the
person responsible for providing the aforementioned list.
Notice of the public hearing shall be prominently posted
on the property by the applicant for which a special
exception is sought. Notwithstanding any other provision
herein contained, failure to provide written notice to any
adjacent property owners shall not constitute a
jurisdictional defect provided that proper legal notice
has been published.
( 9 ) Filing Fee.
Upon filing an application for special exception, the
applicant shall pay a fee to the Village at the time of filing
of such application. Said fee shall be in an amount as
established in Chapter 16 of the Village of .Tequesta Code of
Ordinances, shall not be reimbursable and is intended to
defray costs of administering, processing, and reviewing the
application.
r
(K) Trailers or Temporary Structures or Vehicles.
( 1 ) On construction sites, trailers, temporary structures, or
vehicles used for construction offices on a construction site
or in a subdivision shall be permitted during the period .of
construction only, after a building permit for the
construction job has been issued.
(a) Such trailers, temporary structures, or vehicles must be
removed from the building site or subdivision in
accordance with the provisions of Chapter 5, Section 501
of the Standard Building Code/1985, and Section 103. 6. 1 of
the Palm Beach County Uniform Countywide Amendments to the
Standard Building Code.
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SITE PLAN REVIEW APPLICATION & CHECK LIST
PROJECT: EXXON SERVICE STATION & CAR WASH
LOCATION: SOUTHWEST CORNER OF U.S. ONE & COUNTY LINE RD. 60-43-40-30-00-001-0160
PROPERTY CONTROL NUMBER
ADDRESS: 764 U.S. HWY. ONE NORTH
TEQUESTA, FL. 33469
A. C. A. B. APPROVAL MEMO & MEETING MINUTES: SEE EXHIBIT "A"
B. STATEMENT OF OWNERSHIP: SEE EXHIBIT "B"
C. STATEMENT OF INTENDED USE: GASOLINE SERVICE STATION WITH KIOSK & CAR WASH
D. STATEMENT OF COMPLIANCE WITH COMP PLAN & CONCURRENCY REQUIREMENTS:
SEE EXHIBIT "C"
E. STATEMENTS OF PRELIMINARY REVIEW BY OTHER AGENCIES: SEE EXHIBIT "D"
F. GENERAL LOCATION MAP: SEE EXHIBIT "E"
G. ENVIRONMENTAL IMPACT ANALYSIS/STUDY.: SEE EXHIBIT "F"
H. TREE SURVEY: SEE EXHIBIT "F"
I. SITE PLAN:
1. ARCHITECT-ENGINEER-SURVEYOR-PLANNER-DEVELOPER: SEE EXHIBIT "G"
2. DETAILED DESCRIPTION:
( a) BOUNDARIES & TOPOGRAPHY SEE SURVEY / TOPO & SITE PLAN
( b) EXISTING STREETS SEE EXHIBIT "E" & SITE PLAN
( c) ADJACENT BUILDINGS &/OR STRUCTURES SEE EXHIBIT "E"
( d) ACCESS ( INGRESS & EGRESS) SEE SITE PLAN
( e) TRAFFIC IMPACT STATEMENT SEE EXHIBIT "H"
( f) TOTAL PAVING WITHIN PARKING AREAS ( SQ. FT. & %) 25,300 / 63.25%
( g) OFF STREET PARKING/LOADING AREAS SEE SITE PLAN
( h) TABULATION OF PARKING/LOADING SPACES 5 REQUIRED / 5 PROVIDED
( i) RECREATION FACILITIES & LOCATION N/A
PAGE 2 -
SPR
( i ) SCREENS & BUFFERS SEE LANDSCAPE PLAN, SHEETS L-1 & L-2
( k) REFUSE COLLECTION AREAS SEE SITE PLAN & LANDSCAPE PLAN
( 1 ) AVAILABILITY OF UTILITIES: POWER YES WATER YES
SEWER YES TELEPHONE YES CABLE T. V. YES
FIRE HYDRANTS SEE SITE PLAN & EXHIBIT "E"
( m) PROPOSED UTILITY EASEMENTS OR GRANTS AS MAY BE REQUIRED
( n) PROPOSED RIGHTS-OF-WAY ADDING A TURN LANE ON COUNTY LINE ROAD
AND PRPOSING A SHARED INGRESS/EGRESS ACCESS DRIVE WITH PROPERTY TO THE SO.
3. GROSS ACREAGE / ACRES & SQ. FT. .918 ACRES / 40,000 ± S.F.
( a) TOTAL OPEN SPACE ( SQ. FT. & %) 32,079 S.F. / 80.2%
( b) TOTAL LOT COVERAGE ( STRUCTURES) ( SQ. FT. & %)
7,828 S.F. / 19.57%
( c) TOTAL LOT COVERAGE ( IMPERVIOUS SURFACE: ALL PAVING,
WALKWAYS, PATIOS, DECKS, ETC. ) ( SQ. FT. & %)
25,300 S.F. / 63.25%
( d) LOT COVERAGE ( GREEN AREAS) ( SQ. FT. & %) :
1. WITHIN ALL PARKING AREAS NONE - LANDSCAPE WAIVER REQUIRED
2. REMAINDER ALL AREAS 12,840 S.F. / 32.1% (MIN. 25% REQUIRED)
3. TOTAL LOT COVERAGE 27, 160 S.F. / 67.9%
( e) UNITS PER ACRE N/A
( f) TOTAL SQ. FT. AREA ALL BUILDINGS, ALL, FLOORS 1,860 S.F.
J. PROPERTY & LANDSCAPE MAINTENANCE PROVISIONS ( AGREEMENTS/
SURVIVABILITY BONDS) SEE EXHIBIT "I"
K. PRELIMINARY PLANS AS FOLLOWS:
1. STORM DRAINAGE SEE SHEETS C-1 & C-3 OF PLANS •
2. SEWER LAYOUT SEE SHEETS C-2 & C-4 OF PLANS
PAGE 3
SPR
3. WATER DISTRIBUTION & SYSTEM LAYOUT
( INCLUDING BACKFLOW PREVENTER LOCATIONS SEE SHEETS C-2 & C-4
4. UNDERGROUND ELECTRIC LAYOUT
( INCLUDING TRANSFORMER LOCATIONS) SEE SHEETS C-1 & C-2 OF PLANS
S. TELEPHONE & CABLE UNDERGROUND
LAYOUT ( INCLUDING ABOVE GROUND
JUNCTION & DISTRIBUTION BOX LOCATIONS) SEE SHEETS C-1 & C-2
L. ARCHITECTURAL ELEVATIONS ( ALL ORIENTATIONS) SEE SHEET A-1 & LANDSCAPE PLAN
M. BUILDING APPEARANCE & LANDSCAPING SEE SHEET A-1. COLOR RENDERING & LAND-
SCAPE PLANS
N. SIGNS ( PROPOSED NUMBER, TYPE, SIZE & LOCATIONS) SEE SITE PLAN & C-1
0. PROPOSED TOPOGRAPHIC CONSIDERATIONS ( DREDGING, FILLING, SLOPE,
DRAINAGE PATTERNS, NATURAL VEGETATION, ACCESSIBILITY, RETAINING
WALLS, BERMS, PRIVACY WALLS AND/OR FENCES) SEE TOPO & SITE PLAN
P. FLOODPLAIN MANAGEMENT CONSIDERATIONS:
1. ZONE DESIGNATION ZONE C, AREAS OF MINIMAL FLOODING.
2. BASE FLOOD ELEVATION N/A
3. PROPOSED FINISH FLOOR ELEVATION 20.0' M.S.L.
4. COASTAL HIGH HAZARD DESIGN CONSIDERATIONS N/A
Q. DEVELOPMENT STAGES ( PHASES) N/A /4 6
If
APPL T' I ATURE
�G T'S
1 -
DATE '"' ((
r.
EXHIBIT "A"
TWO (2) PAGES
71;
ii(r,
VILLAGE OF TEQUESTAm,.. . ., 4 BUILDING DEPARTMENT
's'Ai�.' 4v Post Office Box 3273 • 357 Tequesta Drive
44 cif. COON A Tequesta, Florida 33469-0273 • (407) 575-6220
FAX: (407) 575-6203
MEMORANDUM:
TO: Thomas G. Bradford, Village Manager AL
•
D
FROM: Scott D. Ladd, Clerk of the Board �/-
DATE: September 26, 1991
SUBJECT: Community Appearance Board Project Review
PROJECT: Exxon Service Station and Car Wash
764 U. S. Hwy. One North
Construct ion of a 1, 104 square foot Exxon shop with a 7, 072
square font canopy and a 754 square foot car wash/
utility/storage building.
Tom, The C. A. B. reviewed the above referenced project on September 25,
1991.
The following concerns ,were expressed by the Board recardinc this
proposed project:
o The Board unanimously agreed that the colors as proposed for the
canopy, building and signage must be coordinated with and
harmonious with the color of the terra cotta mission clay barrel
tile mansard roof that is proposed for the canopy.
o Board Member Strahan identified a potential traffic flow problem
regarding the direction of exit from the car wash and its
proximity to the ingress/egress access drive from County Line
Road.
Motion to approve the proposed project subject to the following:
oo Approved with the condition that the total color scheme be
coordinated with the barrel tile roof and stucco walls and
include all signage as shown on the revised drawings from Gee &
.Jenson dated 9-14-91.
Vote on the motion: 4-0 to approve.
Additional Board comments: None
Building Official comments: The project, if approved, should be
conditioned upon - the project complying with the Community Appearance
Board condition • of approval, and the entering into a reciprocal
\ ingress/egress access drive agreement in recordable form with retard
to the proposed shared access drive at the south side of the property
alono U. S. Hwy. One North.
•
SnL/ ims
(2)
�� VILLAGE OF TEQUESTA '
;r'.;10 -- a BUILDING DEPARTMENT
;A�,s� t p�° Post Office Box 3273 357 Tequesta Drive
�+N ,N Tequesta, Florida 33469-0273 • (407) 575-6220
• FAX: (407) 575-6203 September '26, 1991 •
Mr. Alan J. Ciklin
Boose Casey Ciklin Lubitz Martens
McBane & O' Connell
515 North Flagler . Drive
West Palm Beach, FL 33401
Dear Mr. Ciklin:
Subject: Community Appearance Board review.
Exxon Station with Car Wash
764 U. S. Hwy. One North, Tequesta
This letter is to confirm the action of the Village of
Tequesta Community Appearance Board at the September 25, 1991 meeting
acting on the subject application as follows:
Approved as submitted with the condition that the total
color scheme be coordinated with the barrel tile roof and
stucco walls and include all signage, and as shown on Gee &
Jenson drawing No. 91-101, sheets A-1 and A-2, revised
drawings dated Sept. 24, 1991.
As you are aware, this proposed project must go before the
Village Council for a Special Exception Public Hearing and for Site
Plan Review and has been placed on the agenda of the Council meeting
scheduled for Thursday_, October 17, 1991 beginning at 7: 00 P. M. in the
Village Hall , 357 Tequesta Drive, Tequesta. You and/or your
representative must be in attendance at this meeting to present your
application and answer any questions the Council may have. If a
representative is not present, the Council will withhold action until
a later date.
If you have any questions regarding this matter, please feel
free to contact me.
Very truly yours,
dedt( O. (Mid1, .
Scott D. Ladd
Clerk of The Board
jms
cc: Leslie Cook, Chairman CAB
Thomas G. Bradford, Village Manager
•
EXHIBIT "B"
: Bankers Trust Company THIRTY-THREE (33) PAGES
}
280 kirk Avenue, New York, New York . 10017
Henry A. Zarzicki Mailing Address:
Vice President RC). Box 829,Church Street Station
The Priv;ite Rink New York, New York 10008
Telephone: 212.454-2965
May 10, 1991
-- Estate of Edmund J. McCormick
Alan J. Ciklin, Esq.
Boose Casey Ciklin Lubitz Martens
McBane & O'Connell
Northbridge Tower 1 - 19th Floor
515 North Flagler Drive
West Palm Beach, FL 33401
Dear Mr. Ciklin:
Please be advised that the undersigned, Henry A. Zarzicki, Vice
President of Bankers Trust Company, being an executor of the Estate
of Edward J. McCormick does hereby authorize you, Alan J. Ciklin,
to act as the agent for said estate in all matters concerning the
estate's real property located in Tequesta, Florida including, but
not limited to, the Petition for Annexation, ., the Application for
Community Appearance Review, the Application for Special Exception
and the Site Plan Review Application and Check List.
Sincerely,
Estate of Edmund J.Mccormick
By Bankers Tru . ••mpany, Executor
Henry A. arzic ' , Vice President .
STATE OF NEW YORK )
: SS. :
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me this, the 14th
day of May, 1991, by. Henry A. Zarzicki, Vice President, Bankers
Trust Company.
,5 _ ____
/7;:LW
Notary Pub -ig , ` '
GENE FfNDLETON r
NOTARY PUBLIC,T.ta1e ot-New York:
No.01 P.E4936288
Qualified in ings County
Certificate Filed in Neiv•YRt;h,Cau
g .... •
Commission Expires Sept. 28, 19
(2)
• S.U.41,0110 pew .,
..me-CCe•oe.e.0e.
1
�' This Ilarranty Geed ladr and esetsited the i s day of Mal :t n loos 6
f+l Walter E. Heller & Company Southeast,Inc. •
0 a corporation rusting under the laws of Louisiana . and haring d, principal plate of
•-I dulness al 4500 Biscayne Boulevard, Miami,Florida 33137, ,-
hereinafter called the grantor. to Edmund J. McCormick as to an undivided 75%interest and
, Edmund J. McCormick Jr. as to an undivided 25%Interest
CO00 l
whose posloffire address is 303 South Broadway
i Tarreytown, New York
i hereinafter cold•d the rlrmdrr .
1 MI. Y.ed (a.•. d. Inw. "aria." pad "in.,." i l.M .p .M p..a. in this ...nw.nl aril
air lral ielnew..a..•r. and ....a. id and shew....rows and .ew r nw.
" .1 . p• . l
•
1 ? tditnesseth: That Ili.' Armour. for and in consideration of the sum of c -100.00— and other
1 valuable considernt' . receipt whereof is hereby acknowledged, by these presents does grant. bargain. sell
alien.. remise. release. matey and confirm ludo the grantee. all that certain land situate in Palm Beach
t,p C Ica Florida. ri:
y- See compete legal description •attached hereto and made a part hereof as
Exhibit A.
i • E Subject to:
1l 1 1. A Purchase Money Mortgage being executed simultaneously herewith
V) from Grantee to Grantor in the amount of 5750,000.00.
‘.1 ,r 2. Restrictions, reservations, easements and other matters of record in the •
w . Public Records of Palm Beach County,Florida. ,
'
�\; (.... 3. Taxes for the year 1985 and all subsequent years.
ail N1 i ,. /
M I �\ i i DOtareury to Td 1 S /Z1:tit/
i'
s \' 1 Intwillle Tss N.
j dart role •F C.. y. Slott&
3 Together u'ilh fill d... L•n,,,i,,I.. herrdiinm.nlls and appurtenances thereto belonging or in any
wise appertaining.
1\ • , End
Han and to Avid, the ,amp In f,'.• simple lawyer.
V 11' l/nd the grantor hereby covenant% with said Annie, Ara'if is lumfnd'. seined of ,aid land in fee
simple: 'I'-' I, has good right and lawful authority to sell and convey said land; Ihal it hereby fully u'ar
( J rants the title to said land anal will defend the snnle against the lawful claims of oil persons whonuoevrr: '
�� • 'and that sold land is free al all enrumhranee,
L (COMSAT'SLAW
In Witness Whereof the grantor hos caused these presents to
he executed In Its'sump,and Its corporal,seal to 6e hereunto affixed,by Ida
proper officer,ammonia duly authorized.the day and year fiat above written
I,c •
... ... .. .. . Walt E. Heller & Company Southeast;Iac.
Signed, „algid and drli,'.•rr.f in the I.rrsenr.of: Il .. r, J r- - , C
,:.
�p/� e.S L
1.
" ' vita nail... ••
("KfT/9 . :e-S,..voto . •
STATE OF Florida }
cot•NTV OF Dade 1
1 IIEREIV CERTIFY .Lai .n ibis die. brl.yr n.. n..Ila.e dole.v,A...ind in the Si.,.and Commie.f.r....J in.Jr ac1no.Mdamrnu
r— pen_ li.aped..rd JAGK . A• F yyyy7
0o
•-I -ell It.... a we ..be .M vice Pie.drn: .1 Or corporation surd an sn..,.
tL in ,he f..rtoine died.sad ih.i,.., Ad. .1n.. l,aMated rteee , I. ..w ..Ie in an. pa.. , el.. wrb e b.ein .Isaac.(null and.d n v.. d,
wider authority dolt.rind il nil eeep.....,mild flu.the .nl dli..d,,.vas Mahe five eorponu oat/y a,..:der epe..,iea. O
WITNESS in, load Bad official r.a In I. Cit., and Si.,. 1..,doen.id d'e '5 6,of mC��_ ',•A.D. II 65 .
m
. ... _...__ G_..
ihi,/Ir5lnrnlrll/artfdrt.f f,HIS INSTRUMENT PREPARED BY 7
JACK A.FURMAN sailor POIlliC Sllit of TaOnlod
;Wren 4500 B,c ync Blvd. ■1 t;a•is1141[Ir. 1Do es.i4s4
!ti:inli, I L•fi.l:. 33117 • t:e . •• is. •,.
(3)
EXHIBIT A
The Land is described as follows:
PARCEL 1
The North 381.6 feet of Government Lot I . Section 30. Township 40
South. Range 43 East. lying West of U.S. Highway No. I (formerly
State Road No. 4), less the East 250 feet. less the North 50 feet ,.
and less the West 75 feet thereof, the same being more
particularly described as: Beginning at the point where the
Southern right of way line of County Line Road intersects the
Westerly boundary line of the property conveyed to Alfred E.
Staffa and Alberta C. Staffa, his wife by Warranty Deed duly of
record in Deed Book 1131, Page 211. Palm Beach County, Florida
Public Records and run thence Westerly along the Southern boundary
line of County Line Road, a distance of 253.38 feet, more or less.
to the Easterly boundary line of property conveyed to Archie H.
Van Gorden and Hazel M. Van Gorden. husband and wife, by Deed
recorded in Deed Bool 1167. Page 468. Palm Beach County. Florida
Public Records, thence Southerly along said Eastern boundary line
thereof a distance of 331 . 16 Feet more or less to a point .which
the Southeasterly corner of said Van Gorden land; thence Easterly
parallel to said Southerly right of way line of said County Line
Road, a distance of 355.40 feet , more or less, to .he Wesi tin. cr
the said Staffa land; thence Northerly a distance of 347.5° feet ,
. more or less. to the Point of Beginning.
PARCEL. 2
Part of Government Lot 1. Section 30. Township 40 South, Range 4;
East . described as follows: Beginning at the Northeast corner of
Government Lot 1 in Section 30. Toonship 40 South. Range 43 East .
run thence West along the North line of said Lot 1 to the West
right of way line of State Road No. 5 (formerly State Road No. 4' .
through said Lot 1, for a Point of Beginning, thence continue West
along said Lot line 250 feet: thence Southerly parallel with the
West right of way line of State Road No. 5 (formerly State Road
No. 4) to a Point 400 feet South of the Norht line of said Lot I :
thence East parallel with the North line of said Lot 1 to the West
right of way line of State Road No. 5. thence North along the Wes!
right of way line of State Road No. 5 to .the Point of Beginning.
Being the same property conveyed to Alfred E. Staffa and Alberta
C. Staffa, his wife, by Deed from R.K. Basler and Hazel A. Basic, ,
his wife. dated March 9. 1956 and recorded March 23. 1956. in Deed
Book 1131. Page 211.
Less from above Parcel 2 the following described Parcel :
Beginning at the Northeast corner of Government Lot 1. in Section
30. Township 40 South. Range 43 East. run thence West along the
North line of said Lot 1, to the West right of way line of State
Road No. 5 (formerly State Road No. 4). through said Lot 1. for a
Point of Beginning; thence continue West along said Lot line 250
feet ; thence Southerly parallel with the West right of way line of
r— State Road No. 5 (formerly State Road No. 4) to a Point 400 feet
r— South of the North line of said Lot 1 . thence East parallel with
0o the North line of said Lot I to the West right of way line of
-•4 State Road No. 5. thence North along the West right of uay line of
State Road No. 5, to the Point of Beginning; being that part which
lies within 51 feet Westerly of the baseline of survey according
JJ to the right of way map for Section 93040-2503, State Road•No. 5.
uri as filed in the Office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, less existing County Line Road.
0O Less from above Parcels 1 and 2. the lands conveyed to the County
of Palm Beach in Official Records Book 3879, Page 651. Public
_Records of Palm Beach County. Florida.
RECORDER'S MEMO:Lw�bWbr� RECORD b'F1lF:
of writing.'h'Ptngor Prin "'.`� i3::•�f,li r,
unsatisfactory In We document
when revived
(4)
oulT.CLAlal Oslo RAMCO FORM a
( I
This Quit-Maim Deed, Executed this day of A. D. to 90 . by
Edmund J. McCormick, Jr. , as to an undivided 25. 6176% interest as a tenant
in common
first party, to
Estate of Edmund J. McCormick, Alfred S. Howes, executor; Herman Markowitz,
'1 executo Suzanne V. McCormick, executrix and Bankers Trust Company, executor
whose postoif ice address is
• i c/o Bankers Trust Company, One North Lexington Avenue, White Plains, New York 10601
second party:
(Wherever used herein the terms "tint party" and "second party" shall include tineular and plural, hero, legal
I represenussves, and assigns al individuals, and the succes►ors and uatina of corporations, *eh ,�ht contest
so admits or requires.)
it aitnesseth, That tho said first party, for and in consideration of the sum of S 1.00 d other good ,
I in hand paid b the said second t valug�ie conslderati,
y d party, the receipt whereof is hereby acknowledged, aoes hereby remise, ►e-
li lease and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which .
the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being
in the County of Palm Beach State of Florida , to-wit: •
See Exhibit A attached hereto.
'I
All personal property now on the subject property which are used
II or useful -in connection with the subject property are hereby
excluded from this grant and conveyance.
II ' Being the same premises described in that certain deed
4 between Tequesta Bay Partnership, a Florida partnership, as party
of the first part and Estate of Edmund J. McCormick, Alfred S.
it Howes, executor; Herman Markowitz, executor; Suzanne V. McCormick,
executrix; and Bankers . Trust Company, executor, and Edmund J.
McCormick, Jr. , individually, together as tenants in common with
the former owning an undivided 74. 3824% interest and-the latter
owning an undivided 25. 6176% interest, as party of the ,second part. •
•
•
II
Upon the effectiveness of this deed, the party of the second part •
II shall own 100% of the subject property. •
sl
(5)
•
•
1
EXHIBIT A
A PAJ.C= O1 LAMP III SECTION 30, TOWNSHIP 40 SOUTH, LANCE 43 EAST, PALM erg
COUNT'', FLORIDA MORE PARTICULARLY DESCRIBED AS POLLOVS:
FROM THE NOSTYVEST CORNER OF GOVERNMENT LOT 1 OF SAID SECTION 30 PROCEED EASTERLY.
ALONG TEl PORTS LIME OF SAID GOVERNMENT LOT 1 , A DISTANCE 01 73.00 FUT; DOME
SOUTHERLY, PARALLEL TO TAX VEST LINE OF COVIRNIENT 1. A DISTANCE Or 50.041 ri
TO TIIX SOUTH RIGHT 01 WAY LINE or COUNTY LINE ROAD A*) THE POUfT Or u4INNI7a1
THENCE CONTINUE SOlTiHERLY, PARALLEL TO SAID VEST LINE OF GOveueourr Lot 1 , A
DISTANCE OF 331.61 FEET TO•A LINE PARALLEL TO AND 311.60 FEET SOUTH Or SUB NOM
LINE OF GOVERMENT LOT 1; THENCE EASTERLY. ALONG SAID PARALLEL LINE. A DISTANCE 0,
355.53 FEET TO A LIRE PARALLEL TO AND 271 . 35 my vtstuLT or THE CENTERLINE Or
U. S. HIGHWAY NO. 1 AS SBOVN IN ROAD PLAT BOOS 2, PACES 10S THROUGH 111, rALH
BEACH COUNTY. FLORIDA PUBLIC RECORDS; THENCE souriLA1TLv.T, ALONG SAID PARALLEL
LINE. A DISTANCE Or 19. 30 FEET TO A LINE !ARALLO, TO AND 400.00 FEZT SOUTH OF SAID
NORTH LINE OF GOVERNMENT LOT 1; THENCE EASTERLY. ALONG SAID PA.L&LLfL LINE. A
DISTANCE OF 221 . 6$ FEET TO A LINE PARALLEL TO AND 60.00 FEET WESTERLY OF SAID
CENTERLINE Or U.S. HIGHWAY NO. 1 ; THENCE NORTHWESTERLY, ALONG SAID PARALLtL LDQ.
A DISTANCE OP 377. 59 FEET TO A LINE PARALLEL TO AND 40.00 FEET SOUTH OF SAID NORTH
_ (6)
TEQUESTA BAY
PARTNERSHIP AGREEMENT
THIS AGREEMENT OF GENERAL PARTNERSHIP, is entered
into this 15th day of May, 1985, by and between EDMUND J .
McCORMICK and EDMUND J. McCORMICK, JR. (hereinafter referred
to collectively as "Partners" and individually as "Partner" ) ,
in consideration of the mutual promises contained herein .
1 . Name and Purpose. The Partnership shall be
carried on under the name of Tequesta Bay Partnership.
The Partnership has been formed for the purpose of purchasing,
owning, developing, operating, leasing and otherwise dealing
with the real and personal property at the southwest corner
of U..S. Highway 1 and County Line Road, Palm Beach County,
(Tequesta) , Florida commonly known as (see Attached' Exhibit A)
(hereinafter referred to as the "Property") .• The Partnership
may engage in any and all other activities as may be necessary,
incidental or convenient to carry out the business of the
Partnership as contemplated by this Agreement .
2. Place of Business. The principal office of the
Partnership shall be located at 12 Bank Street , Summit , New
Jersey 07901, or at such other place as shall be agreed upon
by the Partners from time to time.
•
3. Partners. The name and address of each of the
Partners are as follows:
(7)
i
Name Address
Edmund J . McCormick 231 Clinton Avenue
Dobbs Ferry, New York 10522
Edmund J. McCormick, Jr. 67A New England Avenue
' Summit, New Jersey 07901
4. Term. The Partnership shall commence on May
15, 1985, and shall continue until terminated as provided in
this Agreement.
5. Capital Contributions. Each of the Partners has
contributed to the capital of the Partnership the amount set
opposite his name:
Partner Contribution
Edmund J. McCormick $337, 192.86
7'
Edmund J. McCormick, Jr. 112, 397.86
Subsequent capital contributions, such as are needed by the
Partnership for maintenance and improvements to the Partnership
Property, shall be made by each Partner in proportion to
his respective distributive share (as defined in Article 7) .
In the event any Partner fails to make such subsequent capital
contribution , the Partner who has contributed his share shall
consider the sum so advanced as a loan to the Partnership
and shall receive interest at the Citibank prime rate on such
loan . Such loan or loans, as the case may be , shall be repaid
from annual proceeds prior to distribution of proceeds from
the Partnership. A Partner shall not be entitled to interest
-2-
(8)
1
on his original capital contribution, or to withdraw any part
of his capital contribution, or to receive distribution from
the Partnership, except as specifically provided herein.
6. Partnership Property. The Property initially
acquired by the capital contributions of the Partners and any
property subsequently acquired by purchase or otherwise on
account of the Partnership shall be Partnership property. The
title to all Partnership property shall be held in the name of
the Partnership. •
7. Profits and Losses.
(a) Profits. The Partners shall be entitled
to the net profits arising from the operation of the Partner-
ship business that remain after the payment of the expenses of
conducting the Partnership business. Each Partner shall be
entitled to the distributive share of the profits specified
below:
Name Percentage
Edmund J. McCormick Seventy-Five (75%) Percent
Edmund J. McCormick, Jr. Twenty-Five (25%) Percent
The distributive share of the profits shall be determined and
paid to the Partners on the 31st day of January of each year.
The Partners shall likewise enjoy the benefits of any depre-
ciation of the Partnership Property to the extent of their
distributive shares.
-3-
(9)
(b) Losses. All losses that occur in ,the
operation Of the Partnership business shall be paid out of the
capital of the Partnership and the profits of the business or,
if such sources are deficient in funds to cover such losses,
by the Partners in the distributive shares specified in
Article 7(a) .
8. Management of Business. Except as otherwise
provided in this Agreement, all Partners shall have equal
rights in the management and conduct of the Partnership.
Decisions shall be by unanimous vote. For purposes of the
Partnership business, each Partner shall have equal power and
authority in using the Partnership name and in binding the
Partnership. However, the day-to-day affairs of the Partner-
ship shall be handled by the Managing Partner, Edmund J.
McCormick, Jr.
9. Bank Accounts. All Partnership funds shall be
deposited?in the name of the Partnership in accounts in Summit
i Elizabeth Trust Co. , Summit, New Jersey. Any check, draft
or other withdrawal slip drawn on such Partnership accounts
need be signed by only one Partner.
10. Accounting Matters.
(a) Books of account shall be kept by the
Partners at the principal place of business and proper entries
shall be made therein of all sales, purchases, receipts,
•
-4-
(10)
payments, transactions and property of the Plartnership. Each
Partner shall have free access to examine and copy the records
of the Partnership.
(b) A capital account shall be maintained on
the Partnership books on behalf of each Partner. Such account
shall be credited with that Partner 's contributions to the
capital of the Partnership, debits, and credits.
(c) An income account shall be maintained on
the Partnership books on behalf of each Partner. At the close
of each fiscal year the income account of each Partner shall
be credited with that Partner's distributive share of the
profits or debited with his share of the losses.
(d) The fiscal and taxable year of the Part-
nership shall commence on the first day of the year and end on
the last day of the year.
11. Transfer of Partnership Interest.
(a) No sale of the Partnership Property or any
interest therein may be made by either Partner without the
written consent of both Partners.
(b) Should either Partner desire to sell his
interest in the Partnership Property during the existence of
the Partnership, that Partner must first offer his interest
for sale to the remaining Partner upon the following conditions:
(i ) a competent real estate appraiser,
mutually agreed upon by the partners, will promptly
-5-
(11)
make an appraisal of the then current market value
of the Partnership Property. The market value shall
not be more than 95l of the appraised market value
allocated to percentage ownership offered; and
( ii ) the offeree shall have four (4) months
from receipt of the offeror's notice of a desire to
sell to agree to purchase such interest in the Part-
nership Prperty and, if he shall decline to purchase
the offercr's interest, he hereby agrees that he is
irrevocably bound to consent to the sale of the
entire Partnership Property at not less than ninety-
five ( 95% ) percent of the market value of the Part-
nership Property as determined by Edward W. Porter
Company , a New Jersey corporation or, if such com-
pany is not then in existence, by a competent real
estate appraiser jointly agreed upon by the Partners.
(c) The Partners further agree that the Part-
nership Property shall not be subject to any action, suit or
proceeding for partition or judicial sale instituted by either
Partner and that the disposition of the Partnership Property
shall be effected solely in accordance with this Article and
Article 12 of this Agreement.
12. Termination of the Partnership.
(a) The Partnership shall be terminated by
mutual agreement of the Partners, bankruptcy of either Partner,
-6-
(12)
or death or• either Partner provided that the executors of the
estate of the deceased owner may continue the partnership with
the remaining Partner .
(b), In the event of termination of the Part-
nership, a full and general accounting shall be taken of the
Partnrship business and the affairs of the Partnership shall
be wound up. In addition to any transactions pursuant to
Article 12(c) or (d) , below, any profits or losses incurred
since the previous accounting shall be divided between the
Partners and added to the distribution made to the Partners
or their heirs, successors or legatees.
(c) In the event of the death of either
partner, his executors or adminstrators shall cause the Edward
W. Porter Company, or, if such company is not then in exist-
ence, a competent real estate appraiser mutually agreed upon
with the surviving Partner, to promptly make an appraisal of
the market value of the Partnership Property as of the date of
death and, upon receipt of such appraisal, shall promptly
furnish a copy to the surviving Partner. Unless the executors
of the deceased Partner shall agree to continue the Partner-
ship with the surviving Partner, the surviving Partner is there-
upon granted an option for a period of six (6). months from the
date of death to purchase the deceased's interest in the Part-
nership Property for ninety-five (95%) percent of the appraised
market value allocable to the deceased Partner' s interest. if
he so wishes, and at his own exense, the surviving Partner may
-7-
(13)
- I ,
secure a second independent appraisal and, in such event , the
'appraised value' for purposes of this Article shall be the
average of the two appraisals. In the event the surviving
Partner does not exercise the option to purchase, the Partners
• hereby agree that the executor or administrator of the deceased
Partner ' s estate must purchase the interest of the surviving
Partner for ninety-five ( 95%) percent of the appraised price
allocable to the surviving Partner 's interest.
13. Purchase of Partnership Property. Any purchase
or sale of Partnership Property made by either Partner in
accordance with Article 11 or Article 12 hereof shall be for
cash, unless other terms- are mutually agreed upon, and the
closing shall occur within thirty ( 30) days after the event
occasioning such purchase or sale. If Edmund Jr. shall be the
surviving Partner and shall exercise his option to purchase
payment of the purchase price to the executors or administra-
tors of his father's estate shall be made after six ( 6) months
after giving of notice of the exercise of his option.
14. Controlling Law. This Agreement is to be con-
strued pursuant to the laws of the State of Florida except
where inconsistent with any specific provision of this
Agreement.
15. Notice. All notices to the Partners shall be in
writing and shall be deemed effective when sent to the addres-
-8-
(14)
ses specified in Article 3, certified mail , return receipt
requested.
16 . Amendments. Amendments to this Agreement shall
be effective only if in writing and signed by both Partners.
17. Binding Effect. This Agreement shall insure to
the benefit of and be binding upon the parties hereto and
their respective heirs, executors, administrators, legal
representatives and successors.
IN WITNESS WHEREOF, the Parties hereto have duly
executed this Agreement on the date first mentioned above.
ilk, sit,
qtrh * Th /
Edmund J. Cormick
Edmund 5cCor 'r r.
-9-
EXHIBIT A
(15)
The Land is described as follow :
PARCEL 1
The North 381 .6 feet of Government Lot i . Sect ion 30, TC'w,r,shi
Louth. Range 43 East . lying West of U.,•. Highway No. 1 lfc.rm,rr ' .
Slate Road No. di , less the East 250 felt , Itss the N,7rlh, 5l'r fe_1 ,
ar,d less the West 75 feet thereof, the same being more
Particularly described as: Beginning at the point where the
Southern right of way line of County Line Road intersects the
Westerly boundary Tine or the property conveyed to Alfred E.
Staffa and Alberta C. Staffa. his wife by Warranty Deed duly of
record in Deed Book 1131 . Page 211 , Palm Beach County, Florida
Public Records and run thence Westerly along the Southern boundary
line or County Line Road. a distance of 253.33 foot . more or less.
to the Easterly boundary line of property conveyed to Archie H.
van Gorden and Hazel 11. Van Gorden. husband and wife, by Deed
recorded in Deed Geol. 1167, Page 468. Palm Beach County, Florid:
Public Records, thence Southerly along said Eastern boundary lint
thereof a distance of 331 . 16 feet more or less to a point whi;h+ iS
the Southeasterly corner of said Van Gorden land; thence Easterly
parallel to said Southerly right of way line of said County Li'.
Road. a distance of 355.40 feet. more or less,. to the West _lin., of
the said Staffs land: thence Northerly a distance of 347.5Q fret ,
more Or less. to the Point of Beginning.
•
PARCEL 2
Pdrt of Government Lot 1 , Section 30, Township 40 South. Range ;i
East . described as follows: Beginning at the Northeast corner c.f
Government Lot 1 in Section 30, Toonship 40 South, Range 43 East ,
run thence West along the North line of said Lot 1 to the West
right of way line of State Road No. 5 (formerly State Road No. .0 .
through, said Lot 1 . for a Point of Beginning, thence continue West
along said Lot line 250 feet : thenCe Southerly parallel with the
west right of wa•r line of State Road No. 5 (formerly State Road
No. 4) to a Point 400 feet South of the Norht lino of said Lot 1 :
thence East parallel with the North line of said Lot 1 to the Wtst
right of way line of State Road No. 5. thence North along the West
right of way line of State Road No. 5 to the Point of Beginning.
Bt1ng the same Property conveyed to Alfred E. Staffa and Alberta
C. Staffa, his wife, by Deed from R.K. Basler and Hazo1..A,
his wife, dated March 9, 1956 and recorded March 23. 1956. ins le
Book 1131 . Page 211 . n Deed
Less from above Parcel 2 the following described Parcel :
Eeginning at the Northeast corner Of Government Lot 1 . in Section
30, Township 40 South. Range 43 East. run thence West along the
North line of said Lot 1 . to the West right of way line of Stale
Road No. 5 ( formerly State Road No. 4) , through said Lot 1, for a
Point of E:eginningi thence Continue West alon9' said Lot line 250
feet : thence Southerly parallel with the West right of way line or
State Road No. 5 (formerly State Road No. 4) to a point 400 feet
South of the North line of said Lot 1 , thence East parallel with.
the North line of said Lot 1 to the West right of way line of
State Road No. 5. thence North along the West right of way lint of
state Road N . 5, to the Point of Beginning; being that Part w►.ich.
' ie= within 5! feet Westerly of the baseline of survey according
to the right or way map for Section 93040-2503. Stitt Road No.
as filed in the Office of ;he Clerk of the Circuit Court in and
for Palm Eeach County, Florida, less existing County Line Road.
' Less from above Parcels 1 and 2, the lands conveyed to the County
of Paln, Beach in Official Records Book 3879, Page 651 . Public
Record; of Palm Beach County, Florida.
• (16)
I
TEQUESTA BAY I
LIQUIDATION AND EXCHANGE AGREEMENT
THIS AGREEMENT is made as of the 31st day of December,
1989 by and between Edmund J. McCormick, Jr. having a mailing
address of 67A New England Avenue, Summit, New Jersey 07901 ("EJM")
and the estate of Edmund J. McCormick, Sr. having a mailing address
of c/o Bankers Trust Company, One North Lexington Avenue, White
Plains, New York 10601 (the "Estate") , and Tequesta Bay Partner-
ship, a New Jersey general partnership with its principal office
at 12 Bank Street, Summit, New Jersey 07901 (the, "Partnership") .
WITNESSET
WHEREAS, the Partnership was formed between EJM and Edmund
J. McCormick, Sr. to acquire, own, operate, lease and otherwise
deal with the real and personal property including the
improvements, the fixtures and equipment located thereon, located
at the southwest corner of U.S. Highway 1 and County Line Road,
Palm Beach County, Tequesta, Florida commonly known as Tequesta
Bay; and •
WHEREAS, the Estate succeeded to the interest in the
Partnership owned by Edmund J. McCormick, Sr. upon his death; and
WHEREAS, EJM and the Estate desire to resolve any and all
discord with respect to the operation and management of the
Property (as hereinafter defined) ;
KJN007/51266.53133/062290
(17)
WHEREAS, EJM and the Estate desire to liquidate and
dissolve the Partnership upon the terms and conditions hereinafter
set forth; and
•
WHEREAS, EJM and the Estate desire to exchange EJH's
interest in the Property for the Estate's interest in the Troy
Court Property (as hereinafter defined) .
NOW, THEREFORE, in consideration of the premises and
subject to the terms, conditions and mutual covenants set forth
below, and for other good and valuable consideration the adequacy
of which is hereby acknowledged, the Estate and EJM agree as
follows:
ARTICLE I
Definitions
1. 1 General. When used in this Agreement, the following
terms shall have the following meanings:
1. 1. 1 "Building" shall refer to the physical structure
and other improvements to the Land1 but shall not include the Other
Assets.
1.1.2 "Closing Date" shall have the meaning set forth in
Section 2.2.
1.1.3 "Land" shall refer to that tract of land, not
including the Building and Other Assets, located at the southwest
-2-
(18)
corner of U.S. Highway 1 and County Line Road, Palm Beach county,
Tequesta, Florida, commonly known as Tequesta Bay.
1. 1.4 "Mortgage" shall refer to that mortgage secured by
the Property which is evidenced by the note and other documentation
attached hereto as "Exhibit A".
1. 1.5 "Other Assets" shall refer to all assets of the
Partnership other than the Land and the Building, including without
limitation, all the fixtures and other tangible and intangible
property interests.
1. 1.6 "Other Liabilities" shall refer to all liabilities
-of the Partnership whether known or unknown, fixed or contingent,
including without limitation accounts payable and unsecured loans,
but not including the Mortgage.
1. 1.7 "Percentage Interest" shall mean the percentage of
the Land and the Building owned by EJM or the Estate, as the case
may be, as set forth on the Valuation Exhibit.
1. 1.8 "Property" shall refer to the Land and the Building
and the Other Assets.
1.1.9 "Troy Court Mortgage" shall refer to the Estate's
share of (i) the mortgage secured by the Troy Court Property which
is evidenced by the note and other documentation attached hereto
as "Exhibit B" and (ii) the "other liabilities" to which the Troy
Court Property is subject asprovided in that Certain Liquidation
-3-
(19)
I
And Exchange Agreement of even/date herewith between the Estate and
EJM pursuant to which the Estate acquired the Troy Court Property.
1. 1. 10 "Transferred Mortgage" shall have the meaning
provided in Section 4.5.
i
•
1. 1. 11 "Troy Court Property" shall refer to the percentage .
interest identified on the Valuation Exhibit to be acquired by the
Estate in the land commonly known as 67-75 New England Avenue,
Summit, New Jersey and the building located thereon which is
commonly known as the Troy Court Apartments.
1. 1. 12 "Valuation Exhibit" shall mean the "Exhibit C"
attached hereto.
ARTICLE II
Liquidation and Dissolution of the Partnership
2.1 Consent. Each of EJM and the Estate hereby consent
to and approve the distribution of the assets of the Partnership
subject to certain liabilities, in liquidation and dissolution of
the Partnership, as hereinafter set forth.
2.2 Conditions Precedent. The obligations of each party
to consummate the transactions contemplated hereby shall be subject
to the fulfillment of the following conditions:
-4-
(20)
2.2.1 As soon as reasonably practicable , after the
execution of this Agreement, EJM shall use his best efforts to
obtain:
(a) any required consent of the mortgagee of the
Mortgage to permit the distribution of the Property to EJM and the
Estate in liquidation of the Partnership and to permit any
subsequent exchange of EJM's interest in the Land and the Building
for the Estate's interest in the Troy Court Property pursuant to
the terms of this Agreement;• and
(b) the consent or waiver of any consent of any
lessee of the Property to which such lessee is entitled pursuant
to the terms of the subject lease, if such lessee's lease for the
Property requires that such consent be obtained and the satis-
faction or waiver of any other right that such lessee could invoke
upon the occurrence of the transactions contemplated by this
Agreement that would prevent or inhibit the transfer of the
Property to EJM and the Estate in liquidation of the Partnership
or otherwise diminish the value of such Property.
2.2.2 . The-Closing Date shall be the date established by
the Estate, which date shall be as soon as reasonably possible
after the conditions set forth in this Section 2.2 have been
satisfied and shall be simultaneous with the acquisition by the
Estate of the Troy Court Property.
_5_
•
' (21)
2.2.3 In the event that EJM Chas failed to, obtain the
consents identified in Section 2. 2. 1 (a) in form and substance
satisfactory to the Estate on or before June 26, 1990, then on June
27, 1990 the Estate may terminate this Agreement by notifying EJM
of such termination. Notwithstanding anything to the contrary in
this Agreement upon such a termination this Agreement shall be
deemed to be void ak initio and of no force and effect whatsoever.
2 .3 Valuation of Property. As of the effective date of
this Agreement, the assets and liabilities of the Partnership are
as listed on the Valuation Exhibit. EJM and the Estate agree that
the fair market values of such assets and the amount of such
liabilities and the allocation of such liabilities to the Estate
and EJM for federal income tax purposes, as of the effective date
of this Agreement, are as set forth on the Valuation Exhibit. EJM
and the Estate further agree that the fair market value of each
individual asset, which collectively comprise the Other Assets,
equals the adjusted basis of such asset for federal income tax
purposes.
2.4 Distribution in Liquidation. On the Closing Date,
the Partnership shall convey to EJM an interest in the Land and
the Building corresponding to his Percentage Interest (the "EJM
Interest") . The remaining interests in the Land and the Building
shall be conveyed to the Estate (theEstate Interest") .
• Such
conveyances to the Estate and EJM (the "Liquidating Transfer")
shall be made by quit claim deeds. All of the Other Assets shall
-6-
(22)
be conveyed in their entirety to the Estate. Such conveyances
shall be made by a bill of sale.
2.5 Filings. The Estate shall prepare and file all
documents required to be filed to dissolve the Partnership as soon
as reasonably practicable after the Closing Date.
2.6 Liabilities. As of the effective date of this
Agreement, the balance of the principal of the Mortgage is as set
forth in the Valuation Exhibit. EJM shall take his interests in
the Land and the Building subject to EJM's share of the Mortgage
determined as of the Closing Date in accordance with Section 2.7.
The Estate shall take its interest in the Land, the Building, and
the Other Assets subject to the remaining balance of the Mortgage
and all Other Liabilities. EJM and the Estate shall indemnify,
hold harmless and defend the other with respect to any and all
claims, losses, damages, liabilities and expenses (including
settlement costs and any legal, accounting and other expenses for
investigating or defending any actions or threatened actions)
incurred by such other party as the result of being required to -•
pay, or a dimunition in the value of its interest in the Property
relating to the payments of, an amount of the Mortgage or Other
Liabilities in excess of ' its share of the Mortgage and Other
Liabilities as provided in this Agreement.
2.7 EJM's Share of Mortgage. As of the Closing Date,
EJM's share of the Mortgage shall equal EJM's share of the Mortgage
-7-
(23)
as of the effective date of this Agreement as set for.h on the
Valuation Exhibit.
2.8 Dissolution and Termination. The Partnership shall
be dissolved and terminated as of the effective date of this _
Agreement. Following the dissolution of the Partnership, nothing
herein contained shall implicitly or explicitly constitute EJM and
the Estate as partners, nor constitute either party as the agent
of the other party or in any manner limit the parties in the car-
rying on of their respective businesses or activities. In the
event that it is determined that a partnership tax return must be
filed for any portion of the 1990 calendar year, all items of
income, gain, deduction and loss for such period shall be allocated
to the Estate.
2.9 Expenses. The Estate and EJM shall each pay their
own expenses incurred in accomplishing the liquidation and
dissolution of the Partnership and the subsequent exchange of EJM's
interest in the Land and the Building for the Troy Court Property.
2. 10 $utual Release. EJM and the Estate each acknow-
ledge that, except for the rights established under this Agreement,
neither has any claim whatsoever against the other by reason of the
Partnership.
-8-
(24)
I ARTICLE III
Exchange
3 . 1 exchange. Immediately following the liquidation of
the Partnership and the distribution of an interest in the Land and
the Building to EJM and the acquisition by the Estate of its
interest in the Troy Court Property, EJM's interests in the Land
and the Building shall be conveyed to the Estate and the Estate's
interest in the Troy Court Property shall be conveyed to EJM by
quit claim deed (the "Exchange Transfer") . It- is understood that
EJM's interests in the Land and the Building will be subject to
EJM's. share of the Mortgage determined as of the date of the
exchange pursuant to Section 2 .7 (the "Transferred Mortgage") . EJM
will transfer and the Estate will accept EJM's interest in the Land
and the Building subject to the Transferred Mortgage and, in
addition to the indemnity provided in Section 2.6, the Estate will
indemnify, hold harmless and defend EJM with respect to any and all
claims, losses, . damages, liabilities and expenses (including
settlement costs and any legal, accounting, and other expenses for
investigating or defending any actions or threatened actions)
incurred by EJM as the result of being required to pay, or any
diminution in the value of EJM's interest in the Property as a
result of the payment of, any portion of the Transferred Mortgage.
It is understood that the Estate's interest in the. Troy Court
Property is subject 'to a portion of the Troy Court Mortgage. The
Estate will transfer and EJM will accept the Estate's interest in
-9-
(25)
the Troy Court Property subj4ct to the portion of . Troy Court
Mortgage equal to the amount of the Transferred Mortgage, and, in
addition to the indemnity provided in Section 2. 6, EJM will
indemnify, hold harmless and defend the Estate with respect to any
and all claims, losses, • damages, liabilities and expenses
(including settlement costs and any legal, accounting, and other
expenses for investigating or defending any actions or threatened
actions) incurred by the Estate as the result of being required to
pay, or any diminution in the value of the Estate's interest in the
Property as, a result of the payment of, any part of such portion
of the Troy Court Mortgage.
3.2 Recording Fees. EJM and the Estate shall use
their best efforts to avoid any requirement to record any deed
evidencing the Liquidating Transfer and the Exchange Transfer. In
the event that a lending institution holding or acquiring a
mortgage on the Property or a purchaser of the .Property (provided
that such lender or purchaser is unrelated to the Estate or any
beneficiary or executor of the Estate) requires that such a deed
be recorded then (i) EJM shall pay the portion of such fees equal
to the excess. of the recording fees imposed on the recording of the
deed evidencing the Liquidating Transfer and Exchange Transfer of
the EJM Interest less the recording fee that would have been
imposed on the recording of a deed evidencing the transfer of the
EJM Interest from the Partnership to the Estate in liquidation of
the Partnership, and (ii) the Estate shall pay the recording fee
-10-
(26)
1
relating to the Liquidating Transfer of the Estate Interest.
Notwithstanding the aforesaid of this Section 3.2 any grantee of
a deed may voluntarily record such deed provided that such grantee
shall pay the full amount of any required recording fee. In the
event that 'a deed is required to be recorded evidencing the
• transfer of legal title from the current legal owner of the
' Property to the Partnership that currently owns beneficial
ownership of the Property then each of EJK and the Estate shall pay
the portion of such recording fee that corresponds to its then
Percentage Interest. The Estate shall permit EJK or any party
designated by EJK to record any such deed and any deed evidencing
a transfer of the Property from the Estate.
ARTICLE IV
General
4.1 Termination. Without limiting any other provision
of this Agreement that survives the termination or expiration of
this Agreement, the indemnification provisions set forth in this
Agreement whereby EJK and the Estate have indemnified each other
shall survive the termination or expiration of this Agreement for
whatever reason or cause.
- - = .._ hi . •r eement or
- • _ =cor•ed by -�- _ e as soon as r cable-TOM
he g p V
-11-
(27)
4 .3 Brokerage. The Estate and EJM represent to each
other that neither of them has had any dealing with any real estate
broker, agent or sales representative ("Broker") as a result of
which any Broker would be entitled to a fee or commission from the
distribution of the Property to the Estate and EJM upon the
• liquidation of the Partnership or an exchange of EJM's interests
in the Land and the Building for the Estate's interest in the Troy
Court Property. The Estate and EJM agree to indemnify, defend and
hold each other harmless from and against any and all loss, cost,
damage, liability and expenses in connection with any claim by any
Broker for a fee or commission, or other compensation arising out
of such transactions which may made against either of them due
.to the other party's dealings with any such Broker. The indemnity
contained in this Section 4 . 3 shall survive the termination of the
Agreement.
4 .4 Ko Oral Agreement. There are no oral agreements
between the Estate, EJM and the Partnership affecting this
Agreement and this Agreement supersedes and cancels any and all
previous options, negotiations, arrangements, agreement and
understandings, if any, including the Partnership Agreement,
between the parties hereto with respect to the subject matter
- hereof and none shall be used to interpret or continue this
Agreement.
4.5 Modifications and Assignments. This Agreement may
not be changed or terminated orally, and shall bind the heirs,
-12-
•
•
(28)
e4ecutors, administrators, successors and assigns of the respective
parties. It shall not be assigned by any party without the written
consent of the other parties, which consent shall not be
unreasonably withheld. The assets of the Estate shall not be
distributed except upon a written agreement from each beneficiary
of the Estate that each such beneficiary shall refund to the Estate
such amounts as are properly chargeable against the Estate by
reason of its indemnification of EJM under this Agreement, to the
extent of the aggregate fair market value on the date or dates of
distribution of all property distributed to such beneficiary. This
section shall survive any termination or expiration of this
Agreement.
4.6 Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of New
Jersey applicable to agreements executed and performed wholly
within its jurisdiction.
4 .7 Specific Performance. The Estate and EJM agree that
it would be impossible to measure in money the damage to either
such party in the event of a breach of any of the terms and
provisions of Article IV hereof, by the other party, and the
parties agree that in the event of any such breach, the
nonbreaching party will not have an adequate remedy at law and will
be irreparably damaged if such provisions are not specifically
enforced. Therefore, the provisions set forth in Article IV hereof
shall be enforceable in a court of equity by a decree of specific
-13-
•
(29)
performance, And each of the parties hereto hereby consents that
injunctive relief may be applied for and .. granted- in connection
therewith. Such remedies shall, however, be cumulative and not
exclusive to, and shall be in addition to, any other remedies which
any other parties may have under this Agreement or otherwise.
4 .8 Indemnification. In addition to any other in-
demnities provided herein, each party shall indemnify, hold
harmless and defend the other with respect to any and all claims,
losses, damages, liabilities and expenses (including without
limitation settlement costs and any legal, accounting, and other
expenses for investigating or defending any actions or threatened
actions) incurred by such other party, but only to the extent that
such claims, losses, damages, liabilities and expenses arise from
the breach of any covenant, agreement or obligation of such
indemnifying party contained in this Agreement or any other
instrument contemplated by this Agreement or arise from fraud,
gross negligence .or criminal acts of such indemnifying party.
4.9 Including. The terms "includes", "include" and
"including" when used in this Agreement shall be deemed to be
followed by the phrase "without limitation."
4.10 Captions. The captions contained in this Agreement
are not part of this Agreement and shall not be deemed to affect
the meaning or construction of any of its provisions.
-14-
(30)
14. 11 Bupcessors and Assigns. This Agreement shall be
binding upon and shall inure to the benefit of the parties hereto,
their successors and permitted assigns.
4 . 12 Counterparts. This Agreement may be executed in
one or more counterparts, each of which shall be deemed to be an
original and all of which when taken together shall constitute one
and the same instrument.
4 . 13 notice. All notices permitted or required to be
given under this Agreement shall be either delivered personally or
mailed by certified mail, return receipt requested, addressed as
follows:
If to the Estate: The Estate of
Edmund J.r McCormick, Sr.
c/o Bankers Trust Company
One North Lexington Avenue
White Plains, NY 10601
with a copy to: White & Case
1155 Avenue of the Americas
New York, NY 10036-2787
Attn: Winthrop Rutherfurd, Jr. , Esq.
If to the Partnership: Tequesta. Bay
c/o Edmund J. McCormick, Jr.
67A New England Avenue
Summit, NJ 07901
with a copy to: Pitney, Hardin, Kipp & Szuch
163 Madison Avenue
Morristown, NJ 07962
• Attn: Lawrence F. Reilly, Esq.
If to EJM: Mr. Edmund J. McCormick, Jr.
67A New England Avenue
Summit, NJ 07901
-15-
(31)
with a copy to: Pitney, Hardin, Kipp 6 Szuct4
163 Madison Avenue
Morristown, NJ 07962
Attn: Lawrence F. Reilly, Esq.
or to such other address as may from time to time be designated
by a party by notice to the other parties given in a similar
- manner.
4 . 14 Further Actions and Delivery of Documents. Each •
of the parties to this Agreement agrees that it shall hereafter
execute and deliver such further instruments and do such further
acts and things as may be required or appropriate to carry out
the intent and purpose of this Agreement consistent with the
terms of this Agreement.
IN WITNESS WHEREOF, this Agreement has been duly exe-
cuted by the parties hereto, effective as of the date first
written above. •
Tequesta Bay Partnership,
a New Jersey general partnershjp,
By: 1 ,
Edmund J. , 'orm , Jr. ,
a general p-
-16-
•
(32)
By: The Estate of Edmund J.
McCormick, Sr. , a general
partner
By:
Alfred S. Howes,
an executor
By:
Herman Markowitz,
an executor
By:
• Suzanne V. McCormick,
an executrix
By: Bankers Trust Company,
an executor
By: 2 1
Edmund J. McCormick, Jr.
The Estat• of
Edmund J. McCormick, Sr. ,' •
By:
Alfred S. Howes, an executor
By:
Herman Markowitz, an executor
-17-
• (33)
I
•
By:
•Suzanne V. McCormick,
an executrix
By: Bankers Trust Company,
-an executor
2S�
By:
t
-18-
EXIIJBIT "C" & "D"
• FIVE (5) PAGES
RECEIVED
o CT c.3 @R91
October 1, 1991 �- r
f; )1=
GEE &JENSON r •
Engineers-Architects- TE"gt . • 4 i
Planners,Inc. BLDG. DEPT.
Mr. Scott Ladd
Building Official
Village of Tequesta
P.O. Box 3273
Tequesta, FL 33469
Re: Exxon Site located at the Intersection of
U.S. Highway No. 1 and County Line Road
Dear Mr. Ladd:
Pursuant to our conversation on September 26th, our plans have or
are undergoing review by the following agencies:
* Underground storage tanks - Plans have been reviewed and
approved by Palm Beach County Department of Environmental
Resource Management. Approval was given on August 6,
1991. - Bruce Wayne, 335-4011.
* Right turn lane - The permit has been reviewed by the Palm
Beach County Engineering Department. We have received
their comments and are in the process of revising our
plans and resubmitting. - Jim Peters, 684-4083.
* Storm drainage system - Has been designed in accordance
with the current S.F.W.M.D. criteria. A permit exemption
application has been mailed to Exxon' for their signatures.
We will submit to South Florida immediately upon receipt
of the applications. - Karin Wallace, 686-8800.
* Conceptual approval for the driveway opening on U.S.
Highway No. 1 has been approved by the Florida Department
of Transportation. Final plans and the appropriate
connection permits will be submitted to F.D.O.T. upon
receipt of checks and signed permit applications from
Exxon. - Jack Herberger, 683-4646.
* The easement area and the shared access agreement are
under review by both property owners.
* Removal of the septic tank - No review is required per
Palm Beach County Health Department. Florida D.E.R.
procedures will be followed for the tank closure. - Bob
Mitchell, 555-1212
3300 University Drive•Suite 711 •Coral Springs,Florida 33065-4155.305/752-4960 •
(2)
Page 2
Mr. Ladd
October 1, 1991
* Florida Power & Light - Has received a site plan and is
sending us an availability of service letter. - Kathy
Barry, 575-6320.
* Solid waste pick-up - A site plan was mailed to Nichols
Sanitation and we are waiting their comments. - Ed Preman,
546-7700.
* This project meets all local concurrency requirements.
If you should need any additional information regarding these
reviews, please do not hesitate to call.
Vert'
yours,
ill /� � �1.
i�
Mark D. Falck
Associate
MDF:bk
91-101.5(1)
Enclosure
cc: Mr. Bill Burckart
Mr. John Parisi
Exxon Team
GEE&JENSON
aironlik
(3)
VILLAGE OF TEQUESTAWATER DEPARTMENT •
Post Office Box 3474 • 357 Tequesta Drive
.i Tequesta. Florida 33469-0474 • (407) 575-6230
May 5, 1990
r
Mr. William E. Burckart
Web Trading Company
12300 Alternate AlA, Suite 116
Palm Beach Gardens , FL 33410
RE: Tequesta Bay
Dear Mr . Burckart:
Pursuant to your recent inquiry relative to water
service to the above referenced , please be advised as of
this date water service is available to serve this property.
Service will not be provided until proper applications
have been completed along with the joint execution of a
developer agreement and payment for associated connection
charges have been paid to the Village.
Consistent with Village policy, the developer is
responsible for all costs associated with connecting to the
Village of Tequesta water system.
Should you require any additional information on this
matter please give us a call .
Very truly ou ,
eq'T
__iv-
,/
Thomas C . Hall
Water System Manager
TCH:gk
cc : Thomas G . Bradford , Village Manager
J Apo N A{tk
Loxahatchee River Environmental Control District f (``)
•
2500 JUPITER PARK DRIVE•JUPITER,FLORIDA 33458.8964 w • 72
TEL.(407)747-5700-ADM.6 ENG.•(407)747-5709-OPERATIONS w :� -, 9.
•7 FAX(407)747.9929 Y � 1" �/S, ' O
1
May 4 , 1990 ti40
7 1971 yo`�
RICHARD C DENT II
EXECUTIVE DIRECTOR
Mr . William Burkhart
'WEB Trading Co.
• • 12300 Alternate AlA, Suite 116
Palm Beach Gardens, Florida 33410
RE : Tequesta Bay Office Bldg. , Southwest corner US Highway One
and County Line Road, Tequesta, Florida.
Dear Mr . Burkhart;
This letter is provided in response to your recent inquiry
concerning sewer service availability to the above referenced
property.
Please be advised that, as of this date, service can be made
available to the property upon the joint execution of a '
Developer' s Agreement and the payment of certain costs in accord-
ance with District Rules . Copies of the Developers Agreement and
Chapter 31-10 F.A. C. , are available for your review.
Consistent with District policy, the developer will be respon-
sible for all costs associated with connecting to the existing
wastewater system of the District .
Should you require additional information on this matter,
do not hesitate to contact me.
Sincerely,
Clinton R . Ys
Director of Planning & DevelOpment
JOE ELLIS GEORGE GENTILE WM."ED"HUFFMAN LORING E."SNAG"HOLMES JERRY L.HOUGH
BOARD MEMBER BOARD MEMBER CHAIRMAN BOARD MEMBER BOARD MEMBER
•
•
tA)t°Let WEB Trading Co.
`r-; 5 7 Licensed Real Estate Broker
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•
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EXHIBIT "F"
DA►II_ Y ASJD ASSOCIATES
LAND SURVEYORS
226 CENTER STREET, WA-6
JUPITER, FLORIDA 33468
PHONE (407) 748$424
•
10 January 1991
•
To Whom it May Concern:
• This is in way of certifying that no trees or natural
vegetation exist on the 40, 000 square foot parcel at
the corner of U. S. Highway One and County Line Road,
Tequesta shown on our drawing number 81-299.
James M. 0 rien, L.S.
`�
EXHIBIT "G"
ARCHITECT, ENGINEER, PLANNER: GEE & JENSON ENGINEERS- ARCHITECTS-
PLANNERS, INC.
3300 UNIVERSITY DRIVE, SUITE 711
CORAL SPRINGS, FL. 33065-4155
305/752-4960
SURVEYOR: DAILEY & ASSOCIATES, LAND SURVEYORS
226 CENTER STREET, NO. A-5
JUPITER, FL. 33458
407/746-8424
DEVELOPER: EXXON COMPANY, U.S.A.
TRAFFIC ENGINEER: K.S. ROGERS, CONSULTING ENGINEER, INC.
1495 FOREST HILL BLVD. , SUITE F
WEST PALM BEACH, FL. 33406
407/964-7300
EXHIBIT "H"
} TWENTY (20) PAGES
TRAFFIC IMPACT ANALYSIS
PROPOSED GAS STATION
COUNTY LINE ROAD & U. S. 1
PALM BEACH COUNTY, FLORIDA
APRIL 4 , 1991
Prepared By:
-K. S . ROGERS , CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
( 407 ) 964-7300
(FAX) 969-9717
LIST OF FIGURES
FIGURE 1 LOCATION MAP
FIGURE 2 EXISTING ROADWAY
CONDITIONS
FIGURE 3 DISTRIBUTED
TRAFFIC
FIGURE 4 - TOTAL
TRAFFIC
FIGURE 5 PEAK HOUR
VOLUMES
APPENDIX
APPENDIX A ADOPTED THRESHOLD
VOLUMES
APPENDIX B ONE PERCENT ( 1%)
OF THE ADOPTED
THRESHOLD VOLUMES
APPENDIX C HISTORICAL GROWTH
APPENDIX D MAJOR PROJECT LIST
INTRODUCTION
This office has been retained to prepare a Traffic Impact
Analysis for a proposed 1, 104 square foot food mart / self-serv-
ice gasoline station. This facility is proposed to be located on
a 1 . 0 acre parcel on the southwest corner of County Line Road and
U. S. Highway # 1 , in Section 30 , Township 40 South, Range 43 East ,
in the unincorporated area of Palm Beach County, Florida.
This Analysis has been performed in order to determine the
volume of traffic expected to be generated by this project at
such time that this project is completely constructed and com-
pletely occupied, the effect that the generated traffic will have
on the area' s roadways and to make recommendations on what road-
way improvements, if any, are necessary as a result of the ap-
proval of this project. This Analysis has also been performed in
conformance with the criteria established in the 1990 Traffic
Performance Code of Palm Beach County, Ordinance #90-40 .
Existing traffic counts which were available from the Metro-
politan Planning Organization and the Palm Beach County Traffic
Division were used, when applicable, and these counts were aug-
mented by twenty-four ( 24 ) hour machine counts performed by this
office.
SITE INFORMATION
This 1. 0 acre parcel is located at the southwest corner of
County Line Road and U. S . # 1. As proposed, there will be a 1, 104
square foot food mart and self-service gasoline station on this
site. There presently exists a one story 1 , 000 square foot pizza
restaurant on this site. It is proposed to replace this restau-
rant with this gasoline station.
According to the site plan, there will be one access onto
both County Line Road and U.S. # 1 . The site is located in rela-
tion to the adjoining roadway in Figure 1 .
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EXISTING ROADWAY CONDITIONS
The major roads providing direct access to this site are
County Line Road and U. S. # 1 . County Line Road is a two lane
collector roadway. U. S. # 1 is a six lane divided major arterial
road. There are no planned improvements to either of these two
roadways .
The existing average annual daily volumes and the roadway
capacities are shown in Figure 2 .
GENERATION
The generation rates ,used for this project were obtained
from "Trip Generation - Fourth Edition" , Institute of Transporta-
tion Engineers , 1987 and from an in-house generation study per-
formed for unattended accessory car washes . The generation
(driveway volume) calculated for this project is based upon the
following criteria: 1
1 . The generation rate for the self-service
station is : 748 tpd
2 . The generation rate for the 1, 104 sq. ft.
food mart is 887 . 056 tpd/ 1, 000 sq. ft. ; 27%
of the customers will purchase gasoline: 715 tpd
3 . Car Wash 166 tpd
TOTAL 1629 tpd
Ordinance #90-40 recognizes that 58% of the traffic generat-
ed by a gas station and 45% of the traffic generated by a food
mart is "captured traffic" . Thus, the total additional traffic
generated by this site is recalculated as:
CAPTURED
DRIVEWAY TRAFFIC CAPTURED EXTERNAL
USE VOLUME FACTOR TRAFFIC TRAFFIC
SELF-SERVICE ST. 748 tpd . 58% 434 tpd 314 tpd
FOOD MART 715 tpd . 45% 322 tpd 393 tpd
CAR WASH 166 tpd . 0 % -0- tpd 166 tpd
TOTAL 873 tpd
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As shown above,- the total average daily traffic calculated
for this project at full buildout and 100% occupancy is 873 trips
per day.
Article IV, Section 2 (B) of Ordinance #90-40 states that
only that traffic from a proposed development which is in excess
of that generated by the existing use shall be subject to the
provisions of the Ordinance. As the existing use is a pizza
restaurant , it shall be considered a high turnover sit down
restaurant. From "Trip Generation" , a generation` rate of 201
trips per day per 1 , 000 square feet of floor area shall be used
for this type of restaurant. The pass-by rate for this type of
restaurant is 15% . The restaurant' s traffic can be calculated
as :
CAPTURED
DRIVEWAY TRAFFIC CAPTURED EXTERNAL
USE VOLUME FACTOR TRAFFIC TRAFFIC
RESTAURANT 201 tpd 15% 30 171 tpd
Subtracting the existing traffic from the traffic from the
proposed use shows that a total of 702 additional trips per day
are expected as a result of this approval .
The Traffic Impact Fee for this project is calculated based
upon the amount of additional traffic generated. This impact fee
is calculated by subtracting the impact fee for the existing use
from the impact fee of the proposed use. The impact fee for the
proposed use was calculated based upon a fee of $27 . 50/trip for
the gas station and food mart and $55. 00/trip for the car wash.
This calculation is:
GAS STATION: 314 tpd x $27 . 50/trip = $ 8 , 635. 00
FOOD MART: 393 tpd x $27 . 50/trip = $ 10 , 807 . 50
CAR WASH: 166 tpd x $55. 00/trip = $ 9, 130 . 00
TOTAL $ 28 , 572 . 50
-3-
The impact fee for the existing use was calculated based
upon a fee of $55 . 00 per trip. This calculation is :
RESTAURANT: 171 tpd x $55 . 00/trip = $9, 405. 00
The total impact fee due to the reuse of this parcel of land
is calculated as :
PROPOSED USE - $28 , 572 . 50
EXISTING USE - $ 9, 405 . 00
TOTAL ADDITIONAL FEE - $19, 167 . 50
TRAFFIC DISTRIBUTION
The traffic distribution for this project was prepared
according to an examination of land use and travel patterns in
the project study area. Based upon the preceding, the general-
ized traffic distribution for this project was calculated and is
shown below:
NORTH 25%
EAST 0%.
SOUTH 35%
WEST 40%
The distributed traffic volumes for this project are shown
in Figure 3 . In accordance with TABLE 2 of the Traffic Perform-
ance Standards Ordinance , the Maximum Radius of Development
Influence for this project has been determined to be one mile .
As such, the distributed traffic was brought one mile from the
site or until the distributed traffic was less than one percent
of the roadway' s capacity.
EFFECT ON CAPACITY
The Palm Beach County Traffic Performance Standards Ordi-
nance #90-40 delineates very specific criteria which must be met
prior to any Site Specific Development Order request being ap-
proved.
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The traffic performance standard for all major thoroughfares
in Palm Beach County consists of two tests . The first test is
the Link Buildout Test . This test requires that the project not
add traffic on any road link in the radius of development influ-
ence which would cause the total traffic to exceed capacity of
the adopted threshold volumes at Level of Service "D" , ( shown in
Appendix A) .- The buildout period for this project has been
established as 1992 by the developer. Thus , to meet the Link
Buildout Test, the total traffic on all links in the radius of
development influence should not exceed capacity during the
buildout of the project (during 1992 ) .
The total traffic is defined as the sum of the existing
average, annual , daily traffic, the project traffic, plus the
background traffic. The background traffic is further defined as
the sum of the historical growth, plus traffic generated by Major
Projects , which are in excess of 10% of the capacity of the
affected roadway link. The total traffic volumes are shown in
Figure 4 .
The 1992 projected traffic has been determined by taking the
sum of the 1990 AADT, plus the projected historical growth, plus
the traffic generated for Major Projects which are in excess of
10% of the roadway' s link capacity. The historical growth calcu-
lations are shown in APPENDIX C . The major project traffic
volume calculations are shown in APPENDIX D.
A review of the traffic associated with the major projects
impacting the project' s radius of development influence revealed
that the major project identified would not generate more than
10% of the capacity of any road link in the project' s radius of
development influence within the buildout period.
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The total traffic volumes for the buildout year of 1992 are
shown with the roadway capacities in Figure 4 . Reviewing the
total volumes and the roadway capacities in Figure 4 , it is seen
that on the roadway links within the radius of development influ-
ence, the total traffic does not exceed capacity on any of the
identified roadway links . Thus , this project is deemed to meet
the Link Buildout Test .
The second test a project must meet is the Model Test .
According to the Model Test, a project cannot be approved if the
total model traffic, which includes the project traffic, on the
directly accessed links exceeds the capacity or the adopted Level
of Service of the affected road link.
As these links of County Line Road and U . S . # 1 are not
presently over capacity and are not listed in TABLE 5 of Ordi-
nance #90-40, it is concluded that this project is deemed to meet
the Model Test.
PEAK HOUR
The peak hour volumes generated by this project were calcu-
lated in order to determine what site related- _improvements , if
any, will be required. The peak hour volumes were based upon the
generation rates published in "Trip Generation" . The peak hour
generation rates used are:
Food Mart - 75. 5 tpd/ 1000 s . f.
Service Station - 6 . 0% of the ADT
Car Wash - 6 . 0% of the ADT
The peak hour volumes are calculated below:
Food Mart 1104 sq. ft. x 75. 5 tpd/ 1000 s . f. = 83 trips
Service Station 6 . 0% of 748 = 45 trips
Car Wash 6 . 0% of 166 = 10 trips
TOTAL 138 Trips
-6-
The peak hour directional splits are:
PEAK HOUR
VOLUME IN OUT
TRIPS (TRIPS ) (TRIPS )
FOOD MART 83 43 40
SERVICE STATION 45 23 22
CAR WASH 10 5 5
138 71 67
These peak hour volumes are shown in 'Figure 5 .
Based upon a review of these peak hour turning volumes , it
is concluded that no additional turn lanes are necessary as a
result of the approval of this Petition.
CONCLUSION
This proposed 1 , 104 square foot Food Mart/ Self Service
Gasoline Station is expected to generate an average of 702 addi-
tional trips per day on the adjacent roadway system.
As this project meets the Link Buildout Test and the Model
Test, this project is deemed to be approved in accordance with
the Palm Beach County Traffic Performance Standards Ordinance
#90-40 .
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APPENDIX
APPENDIX A
ADOPTED LEVEL OF SERVICE
(AVERAGE DAILY TRAFFIC)
ROADWAY TPD
Two Lane 13, 700
Four Lane Divided 30, 200
Five Lane Undivided 30, 200
Six Lane Divided 46, 300
Eight Lane Divided '60, 000
Six Lane' Freeway 110, 700
APPENDIX 8
ONE PERCENT ( 1%) OF THE
ADOPTED LEVEL OF SERVICE
MINIMUM VOLUME
THOROUGHFARE TYPE (TRIPS PER DAY)
Two Lane 137
Four Lane (Divided) 302
Five Lane (Undivided) 302
Six Lane (Divided) 463
Eight Lane (Divided) 600
Six Lane (Expressway) 1107
APPENDIX C
HISTORICAL GROWTH CALCULATIONS
GAS STATION
COUNTY LINE ROAD AND U. S . #1
HISTORICAL
GROWTH 1990 1992
ROAD/Link RATE AADT AADT DIFFERENCE
U. S. # 1 :
County Line Road to Tequesta Dr . 0 . 0% ( 1 ) 21 , 985 21 , 985 -0-
Tequesta Dr . to SR 811 0 . 0% ( 1 ) 21 , 985 21 , 985 -0-
COUNTY LINE ROAD:
West of Old Dixie Highway 0 . 0% (2 ) 7 , 505( 3) 7 , 505 -0- —
Old Dixie Highway to U. S. #1 0 . 0% (2) 4 , 821( 3) 4 , 821 -0-
OLD DIXIE HIGHWAY:
County Line Road to Tequesta Dr. 0 . 0% ( 4 ) 4 , 611 ( 5) 4 , 611 -0-
NOTES:
( 1 ) The three year growth rate is a negative value.
Use a 0% growth rate.
( 2 ) There are no count stations established on this
roadway. The nearest count station on U. S. # 1 and
Tequesta Drive both have a three year growth rate
which is a negative value. Use a growth rate of 0 . 0% .
( 3) This is a calculated 1991 AADT volume. 1991 Peak
Season volumes were obtained by field counts made
for this office. The Peak Season to AADT ratio was
established from the nearest east/west count station
(#1207-2 ) on Tequesta Drive using 1990 volumes .
( 4 ) There is no count station established on this link.
The three year growth rate on the nearest link of
Old Dixie Highway shows a negative value. Use a
growth rate of 0 . 0% .
( 5) This is a calculated 1991 AADT volume. The 1991 Peak
Season volume was obtained by field counts made for
this office. The Peak Season AADT ratio was
established from the count station (#1806-2 ) on
Old Dixie Highway located between Tequesta Drive
and SR 811 .
APPENDIX D
MAJOR PROJECT LIST
GAS STATION
COUNTY LINE ROAD & U. S. # 1
There were no major projects identified as having any impact
on the roadway links within the radius of development influence
for the subject project.
EXHIBIT "I"
WIl LIAM E. BURCKART & ASSOCIATES
COMMERCIAL REAL ESTATE SERVICES
407.575-5400
FAX 575-5442
August 7 , 1991
Mr. Scott Ladd
Village of Tequesta
357 Tequesta Drive
Tequesta, Fla. 33469
Re: Site Plan Review
Estate of Edmund J. McCormick
Dear Scott:
Please be advised that the Applicant will comply with
the requirement to entire into an agreement with the
Village which will satisfy the Village' s Property and
Landscape maintenence provisions (Agreements/survivability
bonds) as required in' the approval process.
Sincerely,
(;0146.4(k:
William E. Burckart
As Agent for the Estate of Edmund J. McCormick
cc: Henry Zarzicki
Mark Falck
Alan Ciklin
I E.
14161:CA
LICENSED REAL ESTATE BROKERS
900 FAST INDTANTOWN ROAD • SUITE 205 • ►UPITER, FLORIDA 33477
. .1
•
APPLICATION FOR LANDSCAPE WAIVER
VILLAGE COUNCIL
VILLAGE OF TEQUESTA, FLORIDA
NAME OF APPLICANT: Gee & Jenson, Engineers-Architects-Planners, Inc.
Brett A. Nein, Landscape Architect
MAILING ADDRESS: One Harvard Circle, West Palm Beach, Florida 33409
PHONE NUMBER: ( HOME) ( BUSINESS) 407/683-3301
LOT/PARCEL ADDRESS: SSW corner of County Line Road & _U.S. Hwy 1 (19983 U.S. 1 )
LOT: 16 BLOCK: 1 SUBDIVISION: 00
PROPERTY CONTROL NUMBER: 00-43-40-30-00401-0160
NATURE OF WAIVER: ( DESCRIBE .GENERALLY THE NATURE OF THE WAIVER
DESIRED) _-- -__ - _
Waiver of 4' landscape strip requirement, adjacent to principal
structures Ordinance 377. Section (2) (c)(11 )
JUSTIFICATION OF WAIVER: ( SUPPORTING DATA. WHY APPLICANT FE LE
WAIVER SHOULD BE GRANTED) due to intense vehicular & pedestrian traffic around
the Exxon shop, as well as low sun light levels under the canopy, plantings within this '
area would likely not survive.: Some additional landscaping(trees,. s}rubs & groundoover)
(OVER)
NOTE: APPLICANT MAY BE REQUIRED TO INCLUDE THE FOLLOWING ITEMS
WITH THIS APPLICATION:
1. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES.
SETBACKS. PARKING AREAS AND LANDSCAPE AREAS. .
• 2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS. IF ANY.
3. WRITTEN APPROV L FROM PROPERTY OWNER.
4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION.
APPLICANT SIGNATURE: U Ar, /\14A )/2 5 91
( DATE)
JUSTIFICATION OF WAIVER continued; has been added to other portions of the site
to compensate for t~h. is loss.
ti