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HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_8/14/1997 )t Av, Memorandum To: Village Council From: Thomas G. Bradford, Village Manager /- ' Date: August 8,. 1997 Subject: Abandonment of 20' Alleyway Adjacent to Lots 17, 18, 19, & 20 of Block 22 of Jupiter-In-The-Pines; Agenda Item Recently, it came to my attention that the commercial property located at the southwest corner of the intersection of Tequesta Drive and Seabrook Road has a public alley on its southern and western perimeter. Tequesta has no need for this alley. The alley was overgrown and was recently cleared back at the request of a tenant in the commercial property. In researching the subject, I found that on May 12, 1964, the Village Council voted to abandon the southern east-west portion of the 20 ' alley. However, to this day, the public records reveal this alley to be public right-of-way. In other words, even though the Village Council voted to abandon the property, action was never taken to record the same in the public records . Since the Village Council previously voted to abandon the al-ley, we do not need the alley and we do not wish to maintain the same, I have initiated abandonment procedures. In the course of the abandonment process, several of the utility companies have notified us that if the alley is abandoned, they will need a utility easement in order to continue service in that area. Overhead lines are visible at the southern end of the alley, which run in an east-west direction. Therefore, we are also proposing the creation of a utility easement to accommodate the utilities in the area of the abandonment. It is our contention that the properties to the south of the alley are not entitled to reversion of any of the alley because the Jupiter-In-The-Pines Subdivision, wherein the alley was created, did not include the properties to the south of the alley. Therefore, the alley property should revert only to the adjacent properties located within the Jupiter-In-the-Pines Subdivision, mainly, Lots 16, 17, 18, 19, & 20 . Maps and surveys of the property in question are attached for your review relative to this decision. TGB/krb Attachments * council\080897.sam JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TowER 505 SOUTH FLAGLER DRIVE r Viilage of Tequestg Lima B.AIDXANDER HARRY A.Jau+s'ON Q ELEVENTH FLOOR 1 Y P.LRhNIHAL CARL AN®.OIT MARK B.KlFaanD WEST PALM BEACH,FLORIDA 33401: 1902-1982 M.TRACEY BIAapm MICHAEL T.KRANZ Harry Allison Johnston QAY C.BROOKER J01Di B.Mc(ammat ' 1895-1983 AUG - 8 1997 MARGARET L.COOPER Scarr L.McMuumi P.O.Box 3475 R.Bruce Jones EDARDDIAZ DAvmPR`TT WEST PALM BEACH,FL 33402-347 1904-1988 RDIEcca G.Doom Jam C.RANDoUB Paul C.Wolfe DAVInEDREYER STEVEN1.RC1WMN (561)659-3000 •'"' - a's OF1933-1991 tna Ora+me S.TWICE PEIFR A.SAau FAX:(561) 832-1454 " r a H.MIC HAE.EAMEY SDNEY A.Swear Retired William A.Foster S.TRAGER WRrrER's Ewer LINE: (561)650-0434 THORNTON M.HENRY H.Awua WEAVER WRITER's E-MAIL ADDRESS: lalexander Qjjones-fosur.com Of Counsel PETER S.Ha.7os Jack A.Plum August 7, 1997 • Thomas Bradford,Village Manager Village of Tequesta Post Office Box 3273 357 Tequesta Drive Tequesta,Florida 33469-0273 Re: Proposed alley Abandonment; Jupiter in the Pines,Section "B" Dear Tom: Skip Randolph has asked me to respond to certain questions which you raised in your letter to him dated July 1, 1997,regarding the proposed alley abandonment in Jupiter in the Pines. Specifically, you have requested that we advise you as to which parcels would.receive a portion of the alley upon abandonment. As you know,the plat was filed.by Vacation Homes,Inc. in 1959. Our research indicates that the property located to the south of the alley was not owned by Vacation Homes,Inc.at that time. Based upon our review of Florida law, lots 17, 18, 19 and 20 would obtain title to that portion of the east/west portion of the alley adjacent to their respective-lots for the entire width of the alley. See Caples v.Taliaferro, 197 So. 861 (Fla. 1940). With respect to the north/south portion of the alley, lots 16 and 17 would each own to the center line of said portion of the alley. See Florida Statues Section 177.085. You have also requested us to advise you as to whether a multi-purpose 10 foot utility easement may be established to accommodate the need of some of the franchise utilities to maintain an easement if the alley is abandoned. This can be accomplished. However,we suggest that the utility easement be recorded prior to recording any resolution concerning the abandonment of the alley. The reason for this is that any mortgage encumbering the adjacent lots will spread to the respective portion of the abandoned alley upon abandonment. If the abandonment is recorded prior to the,easement, arguably the subsequently recorded easement would be subject to the lien of the mortgage and could be subject to foreclosure at a later date. Thomas Bradford,Village Manager August 7, 1997 Page 2 Should you have any questions,please feel free to contact me at any time. Sincerely, JONES FOSTER JOHNSTON& STUBBS,P.A. 4441,,1111 cott L. McMullen SLM:vjk cc: John C. Randolph,Esquire • JONES,FOSTER,JOHNSTON&STUBBS,P.A. PREPARED BY/RECORD AND RETURN TO: JOHN C. RANDOLPH, Esquire Jones, Foster, Johnston i Stubbs, P.A. Post Office Box 3475 West Palm Beech, Florida 33402-3475 WILL CALL 185 j�E OLUTION NO.. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, VACATING AND ABANDONING A CERTAIN TWENTY FOOT WIDE ALLEY LOCATED IN JUPITER IN THE PINES, SECTION B, IN THE VILLAGE OF TEQUESTA, AS RECORDED IN PLAT BOOK 26, PAGE 18, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND DEDICATING A TEN FOOT UTILITY EASEMENT ON RAID PROPERTY. WHEREAS, a petition has been made to abandon and vacate a certain twenty foot wide alley located in Jupiter in the Pines, Section B, in the Village of Tequesta, as recorded in Plat Book 26, Page 18, Public Records of Palm Beach County, Florida, over and across land more fully hereinafter described; and WHEREAS, the Village Council of the Village of Tequesta does hereby find and determine that the necessity for the twenty foot wide alley located on the following described property is no longer necessary and does not serve any public purpose, nor is it necessary for public use as long as the ten foot utility easement described herein is dedicated. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: 1 Sgation 1. That certain twenty foot wide alley located in Jupiter in the Pines, Section B, : in the Village of Tequesta, as recorded in Plat Book 26, Page 18, Publio Records of Palm Beach County, Florida, more particularly described as follows, to-wit: THAT CERTAIN 20 FOOT WIDE ALLEY LYING SOUTHERLY OF AND ADJACENT TO LOTS 17, 18, 19 AND 20, BLOCK 22; AND EASTERLY AND ADJACENT TO LOT 16, BLOCK 22; AND .WESTERLY AND ADJACENT TO LOT 17, BLOCK 22, OF JUPITER IN THE.PINES, SECTION B, THE EASTERN TERMINUS OF WHICH IS THE SOUTHERLY EXTENSION OF THE EASTERN BOUNDARY OF LOT 20, BLOCK 22, OF 'JUPITER IN THE PINES, SECTION B, ALL AS RECORDED IN PLAT BOOK 26, PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. be and the same is hereby vacated and abandoned. Section 2. In substitution for the twenty .foot wide alley herein abandoned, there. ia •hereby dedicated to the Village of Tequesta a ten foot utility easement more particularly described as follows: THE SOUTH 10 FEET OF A 20 FOOT WIDE ALLEY TO BE ABANDONED WHOSE EASTERLY BOUNDARY BEGINS AT THE SOUTHERLY EXTENSION OF THE EASTERN BOUNDARY OF LOT 20, BLOCK 22, AND WHOSE WESTERLY BOUNDARY ENDS AT THE SOUTHERLY EXTENSION OF THE WESTERN BOUNDARY OF LOT 17, BLOCK 22, OF THE ALLEY TO BE ABANDONED, OF JUPITER IN THE PINES, SECTION B, ALL AS RECORDED IN PLAT BOOK 26, PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 3. The Village Clerk is hereby authorized to record this Resolution pursuant to law. Section 4. This Resolution shall become effective . immediately upon passage. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. The Resolution 2 was seconded by Counoiimember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPPT( j The Mayor thereupon declared the Resolution duly passed and adopted this day of , 1997. MAYOR OF TEQVESTA Elizabeth A. Schauer ATTEST: Village Clerk JCR\13153.01\ASANDONMEN.REa 3 PREPARED BY/RECORD AND RETURN TO: JOHN C. RANDOLPH, Esquire Jones, Foster, Johnston 6 Stubbe, P.A. Pout Office Box 3475 West Palm Beach, Florida 33402-3475 Property Control Number: The undersigned, being the owner of the property herein described, or otherwise having an interest in said property, hereby dedicates and grants to the VILLAGE OF TEQUESTA, 250 Teguesta Drive, Suite 300, Teguesta, Florida 33469, the property described herein, said property to serve as a utility easement for the use and benefit of the Village of Teguesta as deemed necessary by the Village. THE SOUTH 10 FEET OF A 20 FOOT WIDE ALLEY TO BE ABANDONED WHOSE EASTERLY BOUNDARY BEGINS AT THE SOUTHERLY EXTENSION OF THE EASTERN BOUNDARY OF LOT 20, BLOCK 22, AND WHOSE WESTERLY BOUNDARY ENDS AT -THE SOUTHERLY EXTENSION OF THE WESTERN BOUNDARY OF LOT 17, BLOCK 22, OF THE ALLEY TO BE ABANDONED, OF JUPITER IN THE PINES, SECTION B, ALL AS RECORDED IN PLAT BOOK 26, PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Dated this day of August, 1997. Signed, sealed and delivered in the presence of: VILLAGE OF TEQUESTA Witness By Its Print Name Witness Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of August, 1997, by , ao of the Village of Tequesta, who is personally known to me or who has produced As identification. Signature of Notary Public Printed Name of Notary Public Commission Number 3CR\13153-01\EASEMENT.DED • . • JONES, FOSTER, JOHNSTON & 5'iUIi1i5, r.n. ATT3ST$AND O XD .CU1 . PLAaLai Corm Mee Snlom2FLULMONmaunimiQRtssrnaa COILIsmAsof At in WWf PatigbACSMAIIM WE • fin, MUNI at mien mamma lima imrs Aim mow Arcs.oats aaasslt ammy 101416 ____ A.__ __ w el __ Coma . Jowl.lsair p.0.103CWS elm his ttiwM_i OmetNif Win him NAcxPL 15 P cldr Moot&Dors Ci dcvs Lama 1�LMA F UI-14%II lempwassow Mae AMAMIMI .A. tan *a - Ar saa 2.IMAM n■�cT Par bia11.=�s an m Qc..A ags ti_lcaOr lAarsl�ats arA.m+ aasatls� July 29, 1997 VIA PAZ: 130-4340 The Palm Beach Post 2751 South Dixie Highway Legal Advertisement Department West Palm Beach, FL 33405 . RE: Village of Tequesta Notice of Public Hearing Alley Abandonment Our File No. 13153.1 Gentlemen: Enclosed please find a Notice of Public Hearing to be published in the Palm Beach Post on Friday, August 1, 1997. Please provide the Clerk of the Village of Tequesta with -three (3) certified copies of the Proof of Publication. Please also send your statement for this publication to the Village Clerk at the address shown below. If you have any questions or require additional information, please contact me. Thank you for your cooperation in this matter. Sincerely, JONSS, FOSTER, JOHNSTON a STUBBS, P.A.. e it"114#1 . John C. Randolph SIGNED IN TNg JCR\ssm ABSENCE OF JOHN C. Encloeure RANDOLPH TO cc: Joann Manganiello, Village Clerk EXPEDITE DELIVERY, . Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 moues of roam mina NOTICE IS HEREBY GIVEN that the Village Council of the Village of Tequesta, Florida, at a regular meeting to be held oa August 14, 1997, beginning et 7800 p.m., in the Village Council Chambers of the Village of Tequesta, 357 Tequesta Drive, Tequesta, Florida, will have on the agenda the following. PETITION. FOR TEE assoomorr OF A 20 FOOT WIDE ALLEY WINO SOUTHERLY OP AND ADJACENT TO LOTS 17. 16, 18 AND20. DLO 221 AND mamma, AND ADJACENT TO LOT 6, 5 223 AND WESTERLY AND ADJACENT TO LOT 17, BLOCK 12, OF JUPITER ZN TER PINES, UC'RI r B, THE Ea8'Pmo TBAMxpos OF WHIM I8 THE MOTHERLY MEM= OF TEE HA8'nrtN BOUNDARY OF LOT 30, BLOCK 22, Of JuFITOt IN THE PINES. SECTION a, ALL AS RECORDED EN PLAT WOK 36, PAtN! 16, Of THE PUBLIC RECORDS OF PALM BENCE COUNT!, FLORIDA. The applicant proposes to dedicate and. t to the Village of Tequesta simultaneously with the proposed an easement described as follows: A TEN FOOT UTILITY EASEMENT LYING WITHIN THE BOUTS 20 F88T OF A 20 FOOT HIDE ALLEY TO BE ABANDONED WHOSE EASTERLY BOUNDARY BEGINS AT THE SOUTHERLY EXTENSION OF TEE EASTERN BOUNDARY OF• LOT 20, BLOCK 39, AND WHOSE WESTERLY BOUNDARY ENDS AT TEE souTinomy EXTENSION OF THE STERN BOUNDARY OW LOT 17, BLOCK 22, OF THE ALLEY TO BE ABANDONED, OF JUPITER IN TEE PINES, SECTICH B, ALL AB RECORDED IN GLUT BOOR 26, PAGE 18, OF THE PUBLIC RECORDS • OF PALM BEACH COUNTY, FLOR DA. This application for abandonment has been filed by the VilFlolage of Tequesta, 250 Tequesta Drive. .Suite 300, Tequesta, 33469. ALL PERSONS IInRE$TED in this setter say appear before the village Council of the Village of Tequesta at the time and place aforesaid and be beard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANT DECISION MADE BY THE VILLAGE COUNCIL WITH iNSPE 'T TO ANY MATTER CONSIDERED AT THIS PUBLIC REARING, SAID PARTY WILL NEED A RECORD OF THE PROCEED/NOS. AND FOR SO CH PURPOSE, WRY NEED TO INSURE THAT A VERBATIM RECORD OF THE PlbeRND MS IS Mom, NgICH RECORD INCLUDES THE T38TIMOMY AND EVIDENCE UPON ■HICK Its APPEAL IS To. BE BASED. 286.0105, F.S. Dated, July 29, 1997 JOANN 11APC,ANIB,LLO, VILLAGE CLERK PUBLISH. PALM BEACH POST 8/1/97 NOTICE OF PUBLIC HEARING TEURSDAY, AUGUST 14, 1997 7:00 P.M. The Village Council of the Village of Tequesta,Florida will hold a Public Hearing on Thursday, August 14, 1997,at 7:00 P.M. in the Village Council Chambers,357 Tequesta Drive,Tequesta, Florida. PLEASE TAKE NOTICE AND BE ADVISED,"If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing,he/she will need a record of the proceedings,and that,for such purpose,he/she may need to insure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based" For the Village Council • deg s. 3ade By: Scott D. Ladd,CEO Director of Community Development SDUjeh Posted: August 1, 1997 rf VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMEV tio Post Office Box 3273 • 357 Tequesta Drive �'� • Tequesta,Florida 33469-0273•(4(17)575-6220 Fax:(407)575-6239 '4cy t•1,01+ July 31, 1997 Dear Property Owner. As the owner of property in the Village of Tequesta, Florida, located adjacent to and/or abutting the below referenced property, you are hereby notified that the Village of Tequesta Village Council will hold a Public Hearing at 7:00 P.M. Thursday, August 14, 1997, in the Village Council Chambers, 357 Tequesta Drive, Tequesta,Florida,to consider. AN APPLICATION FROM THE VILLAGE OF TEQUESTA PETITIONING FOR THE ABANDONMENT OF A 20 FOOT WIDE ALLEY LYING SOUTHERLY OF AND ADJACENT TO LOTS 17, 18, 19 AND 20, BLOCK 22; AND EASTERLY AND ADJACENT TO LOT 16, BLOCK 22, OF JUPITER-IN-THE PINES, SECTION B; AND WESTERLY AND ADJACENT TO LOT 17, BLOCK 22, OF JUPITER-IN-THE-PILAFS, SECTION B, THE EASTERN TERMINUS OF WHICH IS THE SOUTHERLY EXTENSION OF THE EASTERN BOUNDARY OF LOT 20, BLOCK 22, OF JUPITER-IN-THE-PINES, SECTION B, ALL AS RECORDED IN PLAT BOOK 26, PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA The applicant, the Village of Tequesta, proposes to dedicate and grant to the Village of Tequesta simultaneously with the proposed abandonment an easement described as follows: A TEN FOOT UTILITY EASEMENT LYING WITHIN THE SOUTH 20 FEET OF A 20 FOOT WIDE ALLEY TO BE ABANDONED WHOSE EASTERLY BOUNDARY BEGINS AT THE SOUTHERLY EXTENSION OF THE EASTERN BOUNDARY OF LOT 20, BLOCK 22, AND WHOSE WESTERLY BOUNDARY ENDS AT THE SOUTHERLY EXTENSION OF THE WESTERN BOUNDARY OF LOT 17, BLOCK 22, OF THE ALLEY TO BE ABANDONED. OF JLPTIER-IN-THE-PINES, SECTION B, ALL AS RECORDED IN PLAT BOOK 26, PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. You are advised that if any person decides to appeal any decision made by the Village Council with respect to any matter considered at the Public Hearing, he will need a record of the proceedings, and for,such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony upon which the appeal is to be based. PLEASE GOVERN YOURSELVES ACCORDINGLY. , For the Village Council hdt fad/ By: Scott D. Ladd, CBO Director of Community Development RecJc'«Paper Memorandum • To: Thomas G. Bradford, Village Manager From: Al Oslund, Stormwater UtilityeG% Coordinator Date: 06/30/1997 Subject: Jupiter in the Pines Alley Abandonment Enclosed please find one print of the Plat of °JUPITER IN THE PINES SECTION 'B' " of which I have highlighted the Alley to be abandoned, together with the legal description of the same. Please note at the bottom of the legal description of the Plat, Vacation Homes added a Reversionary Clause. I would request, our Legal Consultant review this and determine to whom the Alley reverts upon Abandonment of the Alley. Upon determination of the Reversionary Rights, please have our Attorney instruct us as to how to split the 20 ' Alley as it would appear at least Lot #16 has a vested interest. Since the parcel of land directly south of Lot #12-20 was not platted, please have the Attorney determine if they have a vested interest in the Alley. Once you and the Attorney have determined that Abandonment of the Alley is in the best interest of the Village, I would suggest we have a Title Search run on the Parcel to insure Clear Title 'and Easements or Restrictions of Records. • AFO/ts c: Gary Preston, Director of Public Works & Recreation Damian Peduto, Planner John C. Randolph, Village Attorney memo63097.sas DESCRIPTION ALLEY ABANDONMENT Being a 20 foot wide Alley lying Southerly of and adjacent to Lots 17,18,19 and 20, and Between and abutting Lots 16 and 17 of the plat of "JUPITER IN THE PINES SECTION `B' " as recorded in Plat Book 26, Page 18 of the Public Records in and for Palm Beach County, Florida and lying in Section 25, Township 40 South, Range 42 East, Village Of Tequesta, Palm Beach County. • • �I •4 �i ��., ei ri 1 S4I is. , .p� ' j t &? 'i 5i! 1 ' LaiII 1R 1M III - i�0 I. 1 ,IM i1 Hi .«• : i _ ?6 28,1 29,1 30f32/ ; 3 a I ; . r.�1 \ 11•11 IHP _ IN ho y l9.If VER OA0 412 "` k' TEcJ ESTA ' Gli •''ROFES IONA 1• - S L /9 / 1 i ' CENTRE ' ` ,ss •. a COND dOtklyt, , 6 DR� VE . DEL PORTAL) ro • a tit 8 9. 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I 1.5:0017.7 I .it: I I • • .. i - • mom N , - , ammalmimmiramnimol• •• ••.. ' • 1 . 1 . . . _ . . JLPN 1 2 1997 village Manager's O ^., Memorandum To: Thomas G. Bradford, Village Manager From: Thomas C. Hall, Water System Manager Date: June 12, 1997 Subject : Abandonment of Twenty (20) Foot Alley In response to your letter dated June 11, 1997, regarding the above, please be advised that based upon a review of our records, and the knowledge of our Facilities Supervisor Russell White, we have no utility easements within the subject property and therefore, have no objection to the abandonment of the same. TCH/mk Maworaama.allay.as it • I .;I . 0101P Florida Power&Light Company.100 South Delaware Boulevard.Jupiter.FL 33458 FPL JVil1ageofTeq1esta 06/19/97 JUN 2 3 1997' To: Thomas G. Bradford Villa a Maria erS' Village Manager Office Re: ABANDONMENT OF 20' WIDE ALLEY @ TEQUESTA DR & SEABROOK RD • In response to your request, FPL has no objection to the abandonment of the alley described above provided that FPL ils given a 10 ' easement where our lines exist on the south side, of the building. • Should you have any questions please call me at 575-6344 . Sincerely, a/Li° Je f Hall • • ' I an FPL Group company ADELPHIA Village of Tequesta CABLE COMMUNICATIONS J U N 2 3 1997 Villa e Mana 'er's Office ICI June 20, 1997 • Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273, 357 Tequesta Drive Tequesta, FL 33469-0273 Re: Abandonment of easement of. 20' Alley; Identification of. 20' Alley; Identification of Utilities and/or Utility Easements Dear Mr. Bradford: Adelphia has no objection to the abandonment of easement at the above mentioned property. • If you have any questions, please feel free to call me at (561) 627-3600. Since Lewis II Construction Supervisor LV:letterLL.002 10435 Ironwood Road • Palm Beach Gardens, FL 33410 • Telephone (407) 627-3600 Equal Opportunity Employer fir • ��T1 Loxahatchee River Dist • : of Tequ ���x� . o 2500 Jupiter Park Drive,Jupiter,Florida 33458-8964 v` • o Telephone(561)747-5700 Fax(561)747-9929 1 ii N i 0 1997 y�+o, ��ayh` Richard C.Dent.Executive Director VillageMana er's OffiCe I June 18, 1997. ! Award tr s Regional,RasteMater Facility Best in.Vatiarr_E.P.A. Benin State.D.E.P. Mr. Thomas Bradford Village Manager Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469 Re: Alley Abandonment Tequesta Drive &Seabrook ' Dear Mr. Bradford: This letter is provided in response to your correspondence of June 11, 1997 regarding the abandonment of the 20' alley identified at the southwest corner of Tequesta Drive & Seabrook Road. The District does not currently have any wastewater facilities in the alley,nor is this property served by regional wastewater facilities. The public corridor provided by the alley would allow the District access for extension of sewer lines in the event that they were to be provided to this area in the future. At such time as sewer service is provided to the area, the 20' alley would be advantageous to provide service to the commercial property, and four(4) residential properties west of the alley,on Tequesta Drive. The District, therefore,has no objection to the abandonment of the"alley',contingent upon the provision of an easement, in the same area,which would continue access for sanitary sewer/utility purposes. I will be pleased to respond to any questions you may have concerning this matter. Sincerely yours, er Deputy D. tor Loring E."Snag-Holmes Matt H.Rostock Joseph O.FTn Richard C.Sheehan Saw,er Thompson.Jr. Board Member Board Member Chairman Board Member Board Member HUtI id '7( 11C;CCF'P'1 J U't.ti F(Jt7 I tK J U Uo 1 U'1 & 51 Ubbb r.C/b • c PREPARED BY/RECORD AND RETURN TO: ` '' S E P JOHN C. RANDOLPH, Esquire Jones, Foster, Johnston & Stubbs, P.A. Post Office Box 3475 West Palm Beach, Florida 33402-3475 WILL CALL #85 RRAOi,IlTION NO. 3S - 9G,•7 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, VACATING AND ABANDONING A CERTAIN TWENTY FOOT WIDE ALLEY LOCATED IN JUPITER IN THE PINES, SECTION B, IN THE VILLAGE OF TEQUESTA, AS RECORDED IN PLAT BOOK 26, PAGE 18, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND DEDICATING A TEN FOOT UTILITY EASEMENT ON SAID PROPERTY. WHEREAS, a petition has been made to abandon and vacate a certain twenty foot wide alley located in Jupiter in the Pines, Section B, in the Village of Tequesta, as recorded in Plat Book 26, Page 18, Public Records of Palm Beach County, Florida, ever and across land more fully hereinafter described; and WHEREAS, the Village Council of the Village' of Tequesta does hereby find and determine that the necessity for the twenty toot wide alley located on the following described property is no longer necessary and does not serve any public purpose; nor is it necessary for public use as long as the ten foot utility easement described herein is dedicated. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: 1 • RUG 12 '97 V Z.311 J UI`t5 rut;I tK J U11115 I UN be 51 U1325 I .ifb r � • Section 1. That certain twenty foot wide alley located in Jupiter in the Pines, Section B, in the village of Tequesta, as recorded in Plat Book 26, Page 18, Public Records of Palm Beach County, Florida, more particularly described as follows, to-wits THAT CERTAIN 20 FOOT WIDE ALLEY LYING SOUTHERLY OF AND ADJACENT TO LOTS 17, 18, 19 AND 20, BLOCK 22; AND EASTERLY AND ADJACENT TO LOT 1.6, BLOCK 22; AND WESTERLY AND ADJACENT TO LOT 17, BLOCK 22, OF JUPITER IN THE PINES, SECTION B, THE SASTSRN TERMINUS OF WHICH IS THE SOUTHERLY EXTENSION OF THE EASTERN BOUNDARY OF • LOT 20, BLOCK 22, OF JUPITER IN THE PINES, SECTION B, ALL AS RECORDED IN PLAT BOOK 26, PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. • and the same is hereby Y vacated and abandoned. Section 2. In substitution for the twenty foot wide alley herein abandoned, there is hereby dedicated to the Village of Tequesta a ten foot utility easement more particularly described as follows: THE SOUTH 10 FEET OF A 20 FOOT WIDE ALLEY TO BE ABANDONED WHOSE EASTERLY BOUNDARY BEGINS AT THE SOUTHERLY EXTENSION OF THE EASTERN BOUNDARY OF LOT 20, BLOCK 22, AND WHOSE WESTERLY BOUNDARY ENDS AT Ti12 EASTERN BOUNDARY OF LOT 16, BLOCK 22, OF JUPITER IN THE PINES, SECTION B, ALL AS RECORDED IN PLAT BOOK 26, PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 3. The Village Clerk is hereby authorized to record this Resolution pursuant to law. Section 4 . This Resolution shall become effective immediately upon passage. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. The Resolution 2 AUG _2 '97 02:24PM JONES FOSTER JOHNSTON & STUBBS P.4/6 was seconded by Councilmember land upon being put to a vote, the vote was as follows: FOR ADOPTIO1y jiQATNST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this day of , 1997. MAYOR OF TEQUSSTA . i I Eliaabetfi A. Schauer ATTEST: Village Clerk JCR\13153.01\ABANDONMEN.RES I i I i I I, 3 I � HUb 1C "7( YJC c C4r M J U`L5 r W I tx J U'TW 1 vn * 5 I l Ri1i5 s , PREPARED BY/RECORD AND RETURN TO: JOHN C. RANDOLPH, Esquire Jones, Foster, Johnston & Stubbs, P.A. Post Office Box 3475 West Palm Beach, Florida 33402-3475 Property Control Number: Dao= TtIN MS2 asA T or The undersigned, being the owner of the property herein described, or otherwise having an interest in said property, hereby dedicates and grants to the VILLAGE OF TeguaTA. 250 Tequesta Drive, Suite 300, Tequesta, Florida 33469, the property described herein, said property to serve as a utility easement for the use and benefit of the Village of Tequesta as deemed necessary by the Village. THE SOUTH 10 Fir OF A 20 FOOT WIDE ALLEY TO BE ABANDONED WHOSE EASTERLY BOUNDARY BEGINS AT T E Sounumuz SmaBNSION OF THE EASTERN BOUNDARY OF LOT 20, BLOCK 22, AND WHOSE WESTERLY BOUNDARY ENDS AT THE EASTERN BOUNDARY OF LOT 1.6, BLOCK 22, OF JUPITER IN TEE PINES, SECTION B, ALL AS RECORDED IN PLAT BOOK 26, PAGE 18, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Dated this day of August, 1997. Signed, sealed and delivered in the presence of: VILLAGE OF TE 3ESTA By Witness Its Pr—name Witness Print Name rILrV ,I GL•t_7 1 1 J M LJ 1 W 1 ICJ\ J VI■1J 1\JI 1 O[ J I UD0.7 r.o/o STATE OP PLORIDA COUNTY OF PAIR BEACH The foregoing instrument was acknowledged before me this day of August, 1997, by , las of the Village of Teguesta, who is persona)ly known to me or who has produced as identification. Signature Of Notary Public I P nr�ed Name of Notary Public Commiseicn Number 0=\13153-01\KISEMMT.DED • i 2 . 1 AUG 12 '97 02:Cal-11 JOrt-b rcblrx Jura ur a( a utsao FILE COPY � v FAX TRANSMISSION ('RECEIVED � JONES,FOSTER,JOHNSTON&STUBBS,P.A. OFFICE BOX 3478 WEST PALM EACM, FLORIDi33402-3478 KG 13 1997 5e 1 Iaao-3000 Fax: 561 832.1454 ILLAGE OF EQUESTA LDG. DEPT. To: Scott D.Ladd Date: August 12, 1997 Fax*: 575-6239 Pages: A. including this cover sheet. Prom: John C.Randolph Subject: Village of Tequest& COM1ViE dTS: Revised Resolution and Dedication and Great of Utility Easement attached. Mr.Randolph will bring the originals to the Council meeting on Thursday.