HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_2/13/1997 • 1
JAN 3 0 S07
Village .Manager's Office I
Memorandum I)
..V°°°14
To: Thomas G. Bradford, Village Manager
From: Thomas C. Hall, Water System Manager e)
Date: January 29, 1997
Subject: Application for Abandonment of Basement
Attached, you will find an application submitted on behalf of the
Tequesta Oaks Development Company, for Abandonment of a Water
Main Easement, 10 feet in width, formerly serving the demolished
Lighthouse Plaza. The Water Department has no objection to
abandonment of this easement as it will not be used for the
provision of service to the Tequesta Oaks Development .
Please attach this application to Resolution No. 8-96/97 for
Village Council review and approval on the forthcoming February
13th Village Council Meeting.
TCH/mk
Attach.
DeptHead.Teq.Oaka.eam
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APPLICATION FOR ABANDONMENT OF EASEMENT
NAME AND ADDRESS OF APPLICANT:
Tequesta Oaks Development Company
4500 PGA Boulevard, Suite 400
Palm Beach Gardens,Florida 33418
EASEMENT TO BE ABANDONED:
Water main easement,ten feet in width,recorded in Official Record Book 1962,at Page 497,public
records of Palm Beach County,upon the following described property:
PARCEL ONE:
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A parcel of land in the South one-half of Section 30,Township 40 South,Range 43 East,Palm
Beach County,Florida,more particularly described as follows,to-wit:
Commencing at the point of intersection of a line parallel with and 400 feet South of,measured at
right angles to,the North line of the Southwest Quarter of Section 39,Township 40 South,Range 43
East,with the westerly right-of-way line of State Road No. 5 (U.S.No. 1) as said right-of-way is
shown on plat recorded in Road Plat Book 2,pages 105-118,Public Records of Palm Beach County,
Florida,said point of commencement being in the arc of a curve concave to the West and having a
radius of 1850.08 feet,thence West along said parallel line(for the purpose of this description the
said North line of the Southwest Quarter of Section 30 is assumed to bear East and West and all
other bearings mentioned herein are relative thereto)a distance of 250.01 feet to the true point of
beginning of the herein described parcel,said point of beginning being in the arc of curve concave to
the west having a radius of 1602.08 feet and being concentric with the hereinbefore described
1850.08 foot radius curve,
thence,for a first course,run southerly along the arc of said 1602.08 foot radius curve through a
central angle of 11°27'17", a distance of 320.29 feet to the end of said curve
thence,for a second course run South 03°37'48"West along a line parallel with and 248 feet
westerly from(measured at right angles to)the said westerly right-of-way line of State Road No. 5, a
distance of 383.04 feet.
thence,for a third course,run North 90° West,a distance of 10 feet.
thence,for a fourth course,run northerly,along a line at all points 10 feet westerly from(measured
along lines parallel to the said third course)the said second course and the said first course,to a point
10 feet westerly from(measured along a line parallel to the said third course)the point of beginning;
thence,for a fifth and last course,run North 90° East,a distance of 10 feet to the point of beginning.
PARCEL TWO:
A parcel of land 10.0 feet in width,in the South one-half of Section 30,Township 40 South,Range
43 East,PalmBeach County,Florida,bounded as follows:
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Bounded on the North by a line parallel with and 400.00 feet South of as measured at right angles to,
the North line of the South one-half of Section 30,Township 40 South,Range 43 East;
bounded,on the South by a line parallel with and 410.00 feet South of,measured at right angles to,
the said North line of the South one-half of Section 30;
bounded on the East by the arc of a curve having a radius of 1602.08 feet; and being concentric with
the 1850.08 foot radius curve in the westerly right-of-way line of State Road No. 5 (U.S.No 1)said
right-of-way line is shown on plat recorded in Road Plat Book 2,pages 105-118,Public Records of
Palm Beach County,Florida:
bounded on the West by the easterly line of that certain easement granted to American Telephone&
Telegraph Company,recorded in Deed Book 809,page 486,Public Records of Palm Beach County,
Florida.
REASON FOR REQUEST FOR ABANDONMENT
Applicant will not use the water main described above. Applicant will be serving the Tequesta Oaks
subdivision with a new water line coming from Tequesta Drive located to the south of the
subdivision. The easement for the water main to be abandoned was formerly used by the commercial
tenants of the demolished Lighthouse Plaza(i.e.,K-Mart,Winn-Dixie,etc.). To avoid showing the
unnecessary easement on the plat of Tequesta Oaks,the easement must be abandoned.
ADJOINING PROPERTY OWNERS:
See attached Exhibit"A".
UTILITIES AFFECTED BY THE PROPOSED ABANDONMENT:
None.
EXISTING UTILITIES IN THE EASEMENT AREA:
Water main being abandoned. See enclosed survey of former Lighthouse Plaza.
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TEQUE TnA�OAKS DEVE PMENT COMPANY
BY: .t.�k;CQ--- t. S .tom_ `;e
William E. Shannon,V.P. (Applicant)
Copies mailed to adjacent property owners on,or before, January 29 , 19 97 as certified by:
, Village of Tequesta
(1) This application will be heard before the Village Council on February 13 , 19 97 .
(2) Exhibits are attached to the original application on file with the Village Clerk,Village of Tequesta.
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EXHIBIT "A"
1. J. Keith Symons, Bishop of Palm Beach
Diocese of Palm Beach
9995 North Military Trail
Palm Beach Gardens, Florida 33410
2. The Fashion Mall, Inc.
150 U.S. Highway One
Tequesta, Florida 33469
3. Bank of Palm Beach & Trust Company, Trustee
40 Cocoanut Row
Palm Beach, Florida 33480-4005
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5.
JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
LARRY B.ALEXANDER .MICHAFL T KRANZ WEST PALM BEACH,FLORIDA 33401 HENRY F:LILIENTHAL
CARL ANGELOFF JOHN BLAIR McCRACKEN 1902.NJ
M.TRACEY BIAGIOTTI SCOTT L.McMULLEN J' T. H N JOHNSTON
CLAY C.BROOKER DAVID PRATT P.O. BOX 3475
JOYCE A.CONWAY JOHN C RANDOLPH illage er 1�.:i;��c .�g�
MARGARET L.COOPER STEVEN J RO:HMAN WEST PALM BEACH,FLORIDA 33402-3475 R.BRUCE JONES
EDWARD DIAZ PETER A.SACHS 1901.1 ggg
REBECCA G.DOANE D CULVER SMITH II( (581)859-3000
CHRISTOPHER S DUKE SIDNEY A.STUBBS FAX:(581)832-1454 J A,� r, ���^ PAUL C..''WOLFE
H.MICHAEL EASLEY ALLEN R.TOMLINSON hi L ( ,gam gg�
SCOTT G.HAWKINS JOHN S.TRIMPER
THORNTON M.HENRY BRIAN K.WAXMAN WRITER'S DIRECT UNE: RET�7ED
PETER S.HOLTON H.ADAMS WEAVER ` WILLIAM FOSTER
MARK B.KLEINFELD Y'Illabe�fana er s O hs OF I UNSEL AN
PLLSCO
January 23, 1997
Mr. Thomas G. Bradford
• Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
• Tequesta Oaks Development Company
Abandonment of Water 'Main Easement
Our File No. 13153 . 1
Dear Tom:
Enclosed for your review is a proposed Resolution relating to the
above referenced abandonment .
Please call me if you ,have any questions .
Sincerely, •
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
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V
:hn . Randolph
JCR\ssm
Enclosure
PREPARED BY/RECORD AND RETURN TO:
JOHN C. RANDOLPH, Esquire
�1 Jones, Foster, Johnston & Stubbs, P.A.
i ; Post Office Box 3475
West Palm Beach, Florida 33402-3475
WILL CALL #85
RESOLUTION NO. 8-96/97
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, VACATING AND ' ABANDONING A WATER
MAIN EASEMENT, TEN FEET IN WIDTH, LOCATED IN
THE VILLAGE OF TEQUESTA, AS RECORDED IN
OFFICIAL RECORD BOOK 1962, PAGE 497, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA
WHEREAS, a petition has been made to abandon and vacate a
water main easement, ten feet in width, located in the Village
of Tequesta, as recorded in Official Record. Book 1962, Page 497,
Public Records of Palm Beach County, Florida, over and across
the land more fully hereinafter described; and
WHEREAS, there are no existing utilities or improvements
located in said water main easement; and
WHEREAS, the Village Council of the Village of Tequesta
does hereby find and determine that the necessity for the water
main easement located on the following described property is _no
longer necessary and does not serve any public purpose, nor is
it necessary for public use;
NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
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section 1 . That certain water main easement, ten feet
in width, located in the Village of Tequesta, as recorded in
Official Record Book 1962,. Page 497, Public Records of Palm
Beach County, Florida, more particularly described as follows,
to-wit : •
PARCEL ONE:
A parcel of land in the South one-half of Section 30,
Township 40 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows, to-
wit :
Commencing at the point of intersection of a line
parallel with and 400 feet south of, measured at right
angles to, the North line of the Southwest Quarter of
Section 39, Township 40 South, Range 43 East, with the
westerly right-of-way line of State Road No. 5 (U.S .
• No. 1) as said right-of-way is shown on plat recorded
in Road Plat Book 2, Pages 105-118, Public Records of
Palm Beach County, Florida, said point of commencement
being in the arc of a curve concave to the West and
having a radius of 1850 .08 feet, thence West along
said parallel line (for the purpose of this
description the said North line of the Southwest
Quarter of Section 30 is assumed to bear East and West
and all other bearings mentioned herein are relative
thereto) a distance of 250 .01 feet to the true point
of beginning of the herein described parcel, said
point of beginning being in the arc of curve concave
to the west having a radius of 1602 . 08 feet and being
concentric with the hereinbefore described 1850 . 08
foot radius curve,
thence, for a first course, run southerly along the
arc of said 1602 . 08 foot radius curve through a
central angle of 11°27 ' 17" , a distance of 320 .29 feet
to the end of said curve;
thence, for a second course run South 03°37 ' 48" West
along a line parallel with and 248 feet westerly from
(measured at right angles to) the said westerly right-
of-way
line of State Road No. 5, a distance of 383 .04
feet;
thence, for a third course, run North 90° West, a
distance of 10 feet;
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thence, for a fourth course, run northerly, along a
line at all points 10 feet westerly from (measured
along lines parallel to the said third course) the
said second course and the said first course, to a
point 10 feet westerly from (measured along a line
parallel to the said third course) the point of
beginning;
thence, for a fifth and last course, run North 90°
East, a distance of 10 feet to the point of beginning.
PARCEL TWO
A parcel of land 10 .0 feet in width, in the South one-
half of Section 30, Township 40 South, Range 43 East,
Palm Beach County, Florida, bounded as follows:
bounded on the North by a line parallel with and
400 . 00 feet South of as measured at right angles to,
the North line of the South one-half of Section 30,
Township 40 South, Range 43 East;
bounded on the South by a line parallel with and
410 .00 feet South of, measured at right angles to, the
said North line of the South one-half of Section 30;
bounded on the East by the arc of a curve having a
radius of 1602 .08 feet; and being concentric with the
1850 .08 foot radius curve in the westerly right-of-way
line of State Road No. 5 (U.S . No. 1) said right-of-
way line is shown on plat recorded in Road Plat Book
2, Pages 105-118, Public Records of Palm Beach County,
Florida;
bounded on the West by the easterly line of that
certain easement granted to American Telephone &
Telegraph Company,, recorded in Deed Book 809, Page
486, Public Records of Palm Beach County, Florida.
be and the same is hereby vacated and abandoned.
Section 2 . This Resolution shall become effective
immediately upon passage.
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THE FOREGOING RESOLUTION was offered by Councilmember
, who moved its adoption. The Resolution
was seconded by Councilmember and
upon being put to a vote, the vote was as follows :
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and
adopted this day of , 1997 .
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
JCR\13153.01\ABANDONMEN.RES
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