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Home My WebLink AboutDocumentation_Regular_Tab 8B_5/11/1995 MEMORANDUM TO: Thomas G. Bradford, Village Manager FROM: Thomas C. Hall, Water System Manager DATE: April 26, 1995 SUBJECT: Resolution of Necessity, Well Site No. 26 As you know, this past October, we began the process of acquiring property for Well Site No. 26. Our Capital Improvement plan for this project is to obtain the property this fiscal year and commence construction of the Well in October 1995. For these purposes, it is necessary to have Village Council adopt the attached Resolution of Necessity prior to our moving forward with eminent domain proceedings. Once this resolution is adopted, the next steps are as follows: • Immediately after the resolution is passed, send pre-litigation notice to property owner allowing two weeks for response. • Upon expiration of two weeks, file Petition and Declaration of Taking. • Order of taking hearing, 40 - 60 days after filing Petition. • Within twenty days after hearing, deposit money into the court registry. Title to easement then vests in the Village. • After title vests in the Village, the amount of "full compensation" for the easement remains to be determined (by trial, if necessary). Adams estimates this process should be completed by the middle of August 1995. If this is true, we would advertise for bids immediately thereafter, award bid at the September Council Meeting and begin construction in October 1995 as planned. Please place this resolution on the Agenda for the Village Council Meeting May 11, 1995. TCH/mk Attachments c: H. Adams Weaver, Esq., Jones, Foster, Johnston & Stubbs Thomas C. Jensen, P.E., Reese, Macon & Associates 1 RESOLUTION NO. : 22-94/95 RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA DECLARING ACQUISITION OF LAND FOR A WELL SITE AND WATER UTILITY LINES TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF NECESSARY EXPERTS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the Village of Tequesta Engineers have recommended the acquisition of land needed for the provision and transmission of potable water for the Village of Tequesta water system; and WHEREAS, funds are available for the acquisition of the necessary land; and WHEREAS, the specific property required and needed for the above-described water utility purposes is described on Exhibit "1" attached hereto and by reference incorporated herein; and WHEREAS, the Village of Tequesta finds that the acquisition of land needed for the improvement of the Village of Tequesta water system, described on Exhibit "1" , is a public necessity and the same is necessary and essential to the best interests of the Village of Tequesta, and that the acquisition of the needed real property, as described on Exhibit "1" for water utility purposes is also a public necessity; and WHEREAS, in order to accomplish the acquisition of the needed easement, it is necessary for the Village of Tequesta and the Village Attorney to take legal action and employ real estate appraisers and other experts . NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA: SECTION 1. That the Council adopts and ratifies those matters as set forth in the foregoing recitals . SECTION 2 . That the Village Manager is authorized and directed to employ real estate appraisers and other experts as necessary for the purpose of appraising the value of the property described on attached Exhibit "1" and providing expert testimony as may be required for the purpose of acquiring said property. SECTION 3 . That the Village Attorney is hereby authorized and directed to proceed to take the necessary steps for the Village of Tequesta to acquire in its own name by donation, purchase or by eminent domain proceedings the real property described on Exhibit "1" and to have prepared in the name of the Village of Tequesta, all papers, pleadings and other instruments required for that purpose, and to see that all eminent domain proceedings are prosecuted to judgment . SECTION 4 . That the Village Manger and the Village Attorney are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes hereinabove directed. Be it further resolved that the property described • li on Exhibit "1" is to be used for the following public purpose: for the provision of potable water to the Village of Tequesta Water Utility System and its consumers. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. Motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION Mayor thereupon declared the Resolution duly passed and adopted, this day of , 1995 . Ron T. Mackail Mayor Attest: Joann Manganiello Village Clerk . LAWSON, NOBLE & ASSOCIATES, INC. CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA PHONE (407) 684-6686 DESCRIPTION; UTILITY EASEMENT TWO PARCELS OF LAND LYING WITHIN THE FOLLOWING DESCRIBED PARCEL 'A': PARCEL 'A' THE NORTH 200 FEET OF THE SOUTH 700 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: THOSE PARTS OF THE SOUTHWEST QUARTER (SW Y.) OF THE SOUTHWEST QUARTER (SW Y.) OF SECTION 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST, AND OF GOVERNMENT LOT 3 OF SECTION 22, TOWNSHIP 40 SOUTH, RANGE 42 EAST, WHICH LIE NORTHERLY OF A LINE WHICH IS 300 FEET NORTHERLY OF AND PARALLEL TO THE PALM BEACH-MARTIN COUNTY LINE AND WESTERLY OF THE COUNTY ROAD AS SAID ROAD NOW EXISTS. BEING A STRIP OF LAND 12 FEET WIDE, BEING BOUNDED ON THE EAST BY SAID COUNTY ROAD AND LYING 12 FEET NORTH OF (AS MEASURED AT THE RIGHT ANGLES TO) THE FOLLOWING DESCRIBED PERIMETER LINE: BEGIN AT THE SOUTHEAST CORNER OF SAID PARCEL 'A'; THENCE SOUTH 89°46'16' ALONG THE NORTH LINE OF SAID PARCEL 'A', A DISTANCE OF 142.00 FEET TO A POINT DESIGNATED AS POINT 'A' FOR FUTURE REFERENCE AND THE POINT OF TERMINATION. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGIN AT THE ABOVE DESCRIBED POINT 'A'; THENCE SOUTH 89°46'16' WEST ALONG THE SOUTH LINE OF PARCEL 'A', A DISTANCE OF 30.00 FEET; THENCE NORTH 00°13'44' EAST, A DISTANCE OF 30.00 FEET;THENCE NORTH 89°46'16' EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00°13'44' EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. BEARINGS ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE DESCRIBED PARCEL 'A' HAVING A BEARING OF NORTH 89°46'16' EAST. SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. SAID LANDS SITUATE, LYING AND BEING IN MARTEN COUNTY, FLORIDA. REFERENCE ATTACHED SKETCH OF THIS DESCRIPTION. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS E AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. PE C. WHITE NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT R G. LAND SURVEYOR NO. 4213 ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION STATE OF SURVEYOR SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR DATE:MARCH 16, 1995 MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THIS INFORMATION SHOWN REVISIONS-UPDATES DATE BY CK'D HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. JOB NO.: 90-191 I BY: SLS I CHECKED: PW F.B. PG. l SHEET 1 OF 2 EXHIBIT =P'sRVriSKETCM , LAWSON, NOBLE & ASSOCIATES, INC. CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE. WEST PALM BEACH. FLORIDA PHONE (407)684-6686 ------\ \ 0 • ' Ia, \ \ r-o c g Ss> r- \ ..Vc-9, \ rel 4c Le 1----. \ • 1),0:,L _.............77____MMINE.m. •■••=MNIN., C.:2...V ilb''01, \ ......i. r \ 1, >\ -s-,\ \ -mac \ LI c% ) ‘ S.89°46' l�o' or,---4.p \ '� G:1� \ cps�1. Ao/� s4 % \ t�t� .y. PO/�vT OF • 0L BEGINNING 1/4.1.j 0• 50077-I EAST �` ?)%°. COR/VER .tf-4 PARCEL 'A" i % -S ,rx 8 �-'r� g . '1-73-17 \ II - `P 1 011. 1 S MART : l° = 40' . � R T I N Co c%Ty SOUTH L WE, S. W. 1/4, SST/c 25-40-42 —— PALM BEACH COUNTY ' SKETCH TO ACCOMPANY DESCRIPTION EE SHEET / OF 2 FOR DESCRIPTION SHEET 2 OF 2 ._. /._ _ __.. TCHECKEou Pr 1F . R . — Pr — Ir ,, rc . 1. /ip-. /