HomeMy WebLinkAboutDocumentation_Regular_Tab 8A_12/14/1995 i -1 lam-
Memoran4 um
To:. Thomas G. Bradford, Village Mana er.I
From: Scott D. Ladd, Building Official )6
Date: 11/17/1995
Subject: Request for Release from Unity of Title Nations Bank at Countyline Plaza
722 U.S. Highway One North
Tom, attached are eighteen (18) sets of packets containing support documentation for the above
referenced subject. The Village Attorney has reviewed this request and it is ready for submittal
to the Village Council for final consideration.
This request is being made because Nations.Bank wants to purchase the property at County Line
Plaza that is their land lease out parcel. Countyline Plaza was approved originally as an
approximately 20-acre project that included a main shopping center facility with 200,000+/- s.f
of retail space and four (4) land lease out parcels that would be leased to organizations such as
banks, and restaurants. Three of the four out parcels were leased and:permits pulled to erect two
financial institutions and a restaurant. The fourth out parcel has never been developed. For
purposes of meeting the Village's zoning requirements, the entire land areas of the project
including the main shopping center and each of the four out parcels were used, therefore, the
project came under the requirements set forth in Section XI, Unity of Title Declaration of the
Village of Tequesta Code of Ordinances(see copy of Section XI attached). Also attached to this
memo are numerous support documents that indicate the history behind this request as follows:
o Copy of Section XI, Unity of Title Declaration - 1 page
o Letter from Robert L. Canterbury,P.E. on behalf of Nations Bank,dated 10-23-95 - 6 pages
o Letter from Robert L. Canterbury,P.E. providing brief history of Request,dated 2-2-95 -
22 pages
o Letter from Village Attorney,John C. Randolph,to Tia L. Cottey,dated 10-31-94 - 2 pages
o Letter from Scott D. Ladd, CBO, Building Official, to John C. Randolph,Village Attorney,
dated 10-26-94 - 2 pages
o Letter from John C. Randolph to Scott D. Ladd, dated 9-26-94 - 1 page
o Letter from Tia L. Colley to John C. Randolph, dated 9-8-94 - 2 pages
Please place this development matter on the agenda for the December 14, 1995 Council meeting.
Thanks.
Sec.X TEQUESTA CODE Sec.XII
(Ord.No.361, §§ 1-4,4-28-88;Ord.No.381, § 1,2-9-89;Ord. No.
377, § 1, 3-8-90; Ord. No. 401, § 6, 5-24-90; Ord. No. 450, §§ 1, 2,
5-27-93; Ord.No. 452, § 1, 5-27-93; Ord.No.454, §§ 3,4, 5-27-93;
Ord. No. 464, § 1, 12-2-93; Ord. No. 465, § 6, 2-10-94)
SECTION XL UNITY OF TITLE DECLARATION
(A) Where it reasonably appears that a certain proposed use of
property,as set forth in an application for a building permit,may
subsequently be changed by the sale or transfer of a portion of
said property and that such change would negate the application
of zoning requirements relating to the proposed use, the village
shall require the property owner(s) to execute a unity of title
declaration as a condition precedent to the approval of the site
plan, or the issuance of a building permit for the proposed use.
;The unity of title declaration shall apply to all the property
necessary for the proposed use, and shall declare that no portion
of.said property shall be sold or transferred by the owner(s) or
• successors in interest apart from the whole.
(13) In the event of a sale or transfer in contravention of a unity
of title declaration, no building permit will be issued for any
portion of the property contained in the unity of title declaration.
Declaration shall remain in effect until a release of unity of title
declaration is executed by the village.
(C) The unity of title declaration shall be filed at the expense
of the owner(s) in the public records of Palm Beach County,
Florida. Proof of such filing shall precede the issuance of a build-
ing permit.
SECTION XII. SIGN REGULATIONS
(A) Intent
(1) It is the intent of this section to promote and protect the
public health, safety, general welfare, and aesthetics of the Vil-
lage of Tequesta,Florida,by regulating and limiting the existing
Supp.Na 24 1196.2
FILE COPY
mit) LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, PLANNERS&SURVEYORS -
October 23, 1995
File No. 92-239
(REVISED) r•t
Mr. Scott.Ladd
Village of Tequesta 0 C 1 1995
357 Tequesta Drive- VILL43E ;;�
P.O. Box 3273 TEQUES T�1
Tequesta, Florida 33469-0273 BLDG. DEPT
RE: Nations Bank County Line Plaza
Dear Mr. Ladd:
On behalf,of Nations Bank, I request that the "Request for Release of Unity of Title" for the
subject property be placed on the agenda for consideration at the November 9, 1995, Village
Council meeting. Please find enclosed the following documents in support of this request:
1. Ingress/egress agreement. This easement will be executed upon completion of the
transfer of title on the Nations Bank site from Tam-West Realty to Nations Bank. This
transfer of title is contingent upon the approval of this request for release of unity of
title. -
2. Check number 5360 in the amount of$250.00 to cover the application and processing
of this request.
3. A site plan showing the relative location of the Nations Bank site within the overall
plaza.
If you need anything else to complete this application, please do not hesitate to contact me.
Sincerely,
LINDAHL, BROWNING,
FERRARI &HELLSTROM, INC.
Robert L. Canterbury, P.E.
Project Manager
cc: Neil Rollnick
Monica Horwitz-Ammann -
file: w:\92-239\agenda3
POST()FFI('E BOX 7-,IUPITER.FL
_.1l1 IL;PITER LAKES B()L'LEVARD.BUILDING S11011.SUITE Ii14 .4(C,'4,-9 4B F ,\:.40-,-4,-iO 2
VEST PALM BEACH IL BITER STL'ART . F')R :':ERC_
NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT
THIS NON-EXCLUSIVE INGRESS AND .EGRESS EASEMENT AGREEMENT
("Easement") is made as of the day of , 1995,
by and between TAMWEST REALTY, INC. , a Florida corporation (the
"Grantor") , and NATIONSBANK OF FLORIDA, N.A. , a national banking
association, successor by merger to NCNB NATIONAL BANK OF FLORIDA,
N.A. (the "Grantee") .
WITNESSET H:
That Grantor, for and in consideration of the sum of Ten
Dollars ($10. 00) and other good and valuable consideration in hand
paid by Grantee, the receipt and sufficiency of which are hereby
acknowledged, does hereby give, grant, assign, transfer and deliver
unto Grantee, its present and future mortgagees, tenants, grantees,
invitees, successors and assigns, a non-exclusive easement for
ingress and egress for the purpose of vehicular and pedestrian
access over and upon the property legally described on Exhibit "A"
attached hereto and by this reference made a part hereof
(hereinafter referred to as the "Easement Property") .
Grantor is the owner of the parcel described in Exhibit "B"
attached hereto. Grantor is selling to the Grantee the property
described in Exhibit "C" attached hereto. This Easement is being
granted for the specific purpose of allowing Grantee, its present
and future mortgagees, tenants, grantees, invitees, successors and
assigns, non-exclusive pedestrian and vehicular ingress and egress,
over the Easement Property to and from U.S. Highway No. 1 to that
certain parcel of real property legally described on Exhibit "C"
attached hereto and by this reference made a part hereof (the
"Benefitted Parcel") .
Grantee hereby agrees to indemnify and hold Grantor harmless
from and against any and all claims, damages and all other
liability, including costs and reasonable attorneys' fees,. at all
trial and appellate levels arising out of Grantee's gross
negligence and/or willful misconduct relating to the use of this
Easement by Grantee.
This Easement shall run in favor of Grantee, its present and
future mortgagees, tenants, grantees, invitees, successors and
assigns, and shall bind Grantor, its successors and assigns. The
easement granted hereby is a non-exclusive easement and Grantor
reserves the right for itself, its successors and assigns to use
the Easement Property and to grant easements over the Easement
Property to others, provided that the use of the same does not
unreasonably interfere with the use of the Easement Property by
Grantee, its present and future mortgagees, tenants, grantees,
invitees, successors and assigns.
Grantor hereby warrants, covenants and represents that it has
good and marketable title in and to the Easement Property and has
the full right and authority to grant the easement free and clear
of any and all encumbrances except those set forth in Exhibit "D"
attached hereto.
The mortgagees listed on Exhibit "E" attached hereto have a
mortgage lien on the Easement Property. This Non-Exclusive Ingress
and Egress Easement shall not be effective unless and until each
of the mortgagees listed in Exhibit "E" consents hereto and
subordinates the lien of each such mortgage to the rights created
hereunder.
Grantor reserves the right to change the access point from
U.S. Highway One to the Benefitted Parcel. In the event that such
access is changed, the easement provided herein shall terminate,
provided that a similar ingress and egress easement is
simultaneously provided from the Benefitted Parcel to U.S. Highway
One.
The easement and rights created by this Easement are and shall
be appurtenant to the Benefitted Parcel and may not be transferred,
assigned or encumbered except as an appurtenance to said property.
The covenants, rights and benefits contained in this Agreement:
(a) are made for the direct benefit of the Benefitted Parcel, (b)
create an equitable servitude on the Easement Parcel in favor of
the Benefitted Parcel, (c) constitute a covenant running with the
Benefitted Parcel, (d) bind every person, firm or entity now or
hereafter acquiring an interest in the Easement Property, and (e)
will enure to the benefit of the Grantee, its present and future
mortgagees, tenants, grantees, invitees, successors and assigns.
Grantor hereby also reserves the right to provide ingress and
egress to other parties across the Easement Property, to pave,.
create a median divider, landscape, or otherwise expand or alter
any improvements within the Easement Property, to construct,
reconstruct and alter the entrance statement if any located in the
Easement Property, and to provide utility easements, parking
easements, and other such easement across, through, or upon the
Easement Property; provided, however, that none of such activities
shall unreasonably interfere with the use of the Easement Property
by Grantee, its present and future mortgagees, tenants, grantees,
invitees, successors and assigns .
2
IN WITNESS WHEREOF, Grantor and Grantee have caused these
presents to be executed in their names by the undersigned duly
authorized officers of Grantor and Grantee as of the day and year
first above written.
Signed, sealed and delivered TAMWEST REALTY, INC. , a Florida
in the presence of: corporation
By:
At its:
(Corporate Seal)
NATIONSBANR OF FLORIDA, N.A. ,
a national banking association
By:
At its:
STATE OF FLORIDA )
ss:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of , 1995, by as
of TAMWEST REALTY, INC. , a Florida corporation,
who is personally known to me or who produced as
identification and who did/did not take an oath.
Notary Public, State of Florida
My Commission Expires:
Name of Notary typed, printed
or stamped
3
STATE OF FLORIDA )
ss:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of , 1995, by as
of NATIONSBANK OF FLORIDA, INC. , a national
banking association, who is personally known to me or who produced
as identification and who did/did not take an oath.
Notary Public, State of Florida
My Commission Expires:
Name of Notary typed, printed
or stamped
October 3, 1995 (Tuesday 10:04aa)
10851/40015138.NSR/rsk 4
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FILE COPY .
I!2E1) Lindahi Browning, Ferrari & Hellstrom, Inc:
210 Jupiter Lakes Boulevard, Bldg. 5000, Suite 104 Phone: (407)746-9248
P.O. Box 727, Jupiter, Florida 33468-0727 Fax: (407) 746-0272
February 2, 1995
94-157
----"'•..\\\
Mr. Scott Ladd rIN ,
Village of Tequesta
357 Tequesta Drive 6 �g9�
P.O. Box 3273 Egci
Tequesta, Florida 33469-0273
RE: Nations Bank @ Court 6 Plaza
Dear Scott:
As per your request, the following is a brief chronology of the previous reviews and approvals
completed in pursuit of the Release of Unity of Title for the subject project:
August 6, 1992 Request for Initiation of Release of Unity of Title Proceedings submitted
to the Village of Tequesta via LBFH letter. (Copy attached).
August 25, 1992 Village of Tequesta provides a Technical Zoning Analysis of the impacts
of the proposed modifications. This document identifies those items
which will be in non-compliance and which will,require a variance
(landscaping and parking). (Copy attached).
August 27, 1992 LBFH provides Nations Bank (p/k/a/ NCNB) an outline of the proposed
actions necessary to complete the Variance Applications.
October 5, 1992 The applications for Review of the Variance Requests was submitted to
the Village of Tequesta. (Copy attached).
October 30, 1992 This Village of Tequesta provides a copy of the Notice of Public
Hearing for the Variance Request. (Copy attached).
November 16, 1992 Village of Tequesta, Board of Adjustment reviews and approves the
Variance Requests. Confirmation letter issued on November 17, 1992.
(Copy attached).
November 17, 1992 LBFH provides Nations Bank with an outline of the items necessary to
complete the process. These include the execution of an ingress/egress
agreement, a letter requesting that the request be placed on the agenda,
and a $250.00 application fee.
At this time, I wish to confirm that the zoning review has been completed and that the only
items necessary to complete this process are the following:
1. Executed ingress/egress agreement.
2. A $250.00 application fee.
3. A site plan showing the relative location of the Nations Bank site within the overall
plaza.
4. A letter, with all of the above attached, requesting that this request be placed on the
next available agenda.
It is my understanding that the Board meetings are held on the second Thursday of each month
and that the deadline for submission is two weeks prior to the meeting.
I have been informed by Nations BBank's attorney, Mr. Niel Rollnick, that the completion of
the ingress/egress agreement is forthcoming and that we will be activating this process once
more.
If there are any additional items necessary for the submission of the final request for the
Release of Unity of Title, please do not hesitate to contact me.
Sincerely,
LINDAHL, BROWNING,
FERRARI, &HELLSTROM, INC.
d*:71111141e3, --.
Robert L. Canterbury, P.E.
Project Manager
cc: Niel Rollnick fax: 305-444-3683
Larry Lardieri
file: w:\92239\laddl
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
( ()NSUI.Tim;ENGINEERS. I'IANNERS&SURVEYORS
•
RLC. 2/0806922 92-239
August 6 , 1992
Mr . Scott Ladd
Building Official
Village of Tequesta
P .O. Box 3273
Tequesta, Florida 334.69-0273
RE: NCNB NATIONAL BANK @ COUNTY LINE PLAZA
REQUEST FOR RELEASE OF UNITY OF TITLE
Dear Mr . Ladd :
As per our conversation last week, please accept this letter as a
formal request to initiate processing a Release of Unity o.f Title
for NCNB National Bank ' located at the County Line Plaza,
Tequesta , Florida .
This request is being made in order to assist NCNB National Bank
in exercising an existing option to purchase the property .
You will find enclosed a check in the amount of two hundred and
fifty dollars ( $250 . 00 ), for processing this request as required.
If we can provide you with any additional information to •expedite
this process , please do not hesitate to contact me .
Thank you for your assistance .
Sincerely ,
LINDAHL , BROWNING , FERRARI
& HELLSTROM, INC .
Robert L . Canterbury , P . E.
Project Manager
RLC/ js
cc : Monica Ammann
Tim Dapra
Albert Paniccia
Luis Artime
10(INIRAI I'ARA\\'Al••SI:III 420.S111\RT.II(/R11)A 14,1'I.1 1•107)2J(, 881 IAX.1.11)71186.1925
n inu rr1QI 1.11 V(.I VFRO RFA(ai
t' � si r
J
v A
r VILLAGE OF TEQUESTA
AUG 2 7 1992
�� -: BUILDING DEPARTMENT
Rio
Al�ti. Post Office Box 3273 • 357 Tequesta Drive
m 4f. !. A Tequesta, Florida 33469-0273 • (407) 575-6220 L!t"DP.HL,
FAX: (407) 575-6203 L:HEL! i R:3:..1, INC.
August 25, 1992
Robert L. Canterbury, P.E.
Lindahl , Browning, Ferrari & Hellstrom, Inc.
10 Central Parkway, Suite 420
Stuart, FL 34994
RE: County Line Plaza/NCNB Out—Parcel
Technical Zoning Analysis
Dear Mr. Canterbury:
Project Description and Analysis:
1. County Line Plaza: A commercial shopping center located on 20. 76
acres of land and consisting of approved commercial square footage
of 200, 381 square feet allocated as follows:
K—Mart Dept . Store = 86, 479 Sq. Ft.
K—Mart patio area = 6, 120 Sq. Ft.
Winn—Dixie Supermarket = 35, 922 Sq. Ft.
Drug store = 7, 475 Sq. Ft.
Local stores = 48, 070 Sq. Ft. •
Four land leases = 16, 315 S_g_ Ft.
Total Approved Sq. Ft. = 200, 381 Sq. Ft.
Three of the four approved land lease sites are currently
developed with a total building area of 12, 757 sq. ft. This
leaves 3, 558 sq. ft. that could be built on the vacant remaining
land lease site, assuming the site As large enough to accommodate
that much square footage.
Two variances have been granted by the Village of Tequesta Board
of Adjustment for -reductions in the required number of parking
spaces. The total parking space requirement for County Line
Plaza, which includes the four land lease sites, is 1, 145 spaces.
The two variances granted have reduced the total number of parking
spaces provided to 1, 114 spaces, a total reduction of 31 spaces.
Page 2
2. NCNB: A commercial building located on Land Lease No. 3
containing 3, 371 sq. ft . of building area and currently being used
as a financial institution ( bank) . Land Lease No. 3 contains
approximately 24, 345 sq. ft. of lot area. There are 19 parking
spaces, which includes one handicapped space, lying within the
land lease lot area. Each of the completed land lease sites were
reviewed and approved separately from County Line Plaza with
regard to Community Appearance Board and Site Plan Review and were
issued separate construction permits. Only the technical
requirements of the Zoning Code encompass the entire 20. 76 acre
County Line Plaza site which includes the four land lease sites,
and as such, all 20. 76 acres are under unity of title.
3., Zoning Analysis: If Land lease No. 3, NCNB, were to be removed
from the recorded unity of title agreement, an analysis of the
Zoning Code technical requirements would indicate, for NCNB and
for County Line Plaza, results as follows:
COUNTY ANALYSIS
TECHNICAL REQUIREMENT NCNB LINE PLAZA RESULTS
Minimum Lot Size:
7, 500 Sq. Ft . 24, 345+5. F. 879, 960+S. F. Both Comply
Minimum Lot Width:
75' Minimum 187' + 784' + Both Comply
Maximum Lot Coverage:
40% Maximum 17. 62% 22. 39% Both Comply
Front Yard Setback:
25' Minimum 28' + 49' + Both Comply
Side Yard Setback:
20' Minimum — CLP 38' + Complies
10' Minimum — NCNB 25' + Complies
Rear Yard Setback:
10' Minimum . 25' + 56' + Both Comply
Building Height:
5 Stories/70' Maximum 1 Story/23' + 1 Story/24' + Both Comply
Landscaped Open Space:
Min. 15% for CLP 15. 24% Complies
134, 131 Sq. Ft.
Min. 25% for NCNB 16. 32% Does not comply,
( 3, 973 Sq. Ft. ) needs to obtain
variance.
Page 3
•
COUNTY ANALYSIS
TECHNICAL REQUIREMENT NCNB LINE PLAZA RESULTS
Off-Street Parking Requirements:
1, 126 for CLP 1, 114 w/variance Needs variance
for 7 spaces.
17 regular plus 20 drive- 19 regular/
in window spaces for NCNB 20 drive-in Complies
Minimum Handicap Parking Spaces:
• 21 for CLP 26 provided Complies
1 for NCNB 1 provided Complies
Ingress/Egress Access None 5 Provided CLP Complies.
To a Publicly Dedicated NCNB does not
Street comply. CLP must
provide Ingress/
Egress access
• easement from
NCNB to U. S. One
4. SUMMARY: In order for NCNB, Land Lease No. 3, to obtain a release
of unity of title declaration from the Village Council of the
Village of Tequesta, certain variances for NCNB and County Line
Plaza must be sought from the Village of Tequesta Board of
Adjustment . The variances to the technical requirements of the
Village of Tequesta Comprehensive Zoning Code include the
following:
Property Variance Needed
•
NCNB For 16. 32% landscaped open space in
lieu of 25% as required by the
zoning code.
County Line Plaza For 1, 107 parking spaces provided
in lieu of 1, 114 as previously
granted by the Board of Adjustment.
• In addition to the two ( 2) variances stated above, County Line
Plaza must provide a properly configured ingress/egress access
easement to NCNB in order that NCNB has an approved access
driveway from the NCNB property to a publicly dedicated street, U.
S. Hwy. One. Upon obtaining the necessary variances and providing
the ingress/egress access easement, both • applicants can then
proceed to obtain a release from unity of title declaration from
the Village Council of the Village of Tequesta. Said declaration
shall be prepared by the applicants in a recordable form
acceptable to the Village Attorney.
Page 4
If you have any questions regarding this analysis or the requirements
contained herein, please feel free to contact me at 575-6220.
Variance application forms have been enclosed for your use should you
decide to go forward.
Very truly yours,
)4- ( dadi:J
Scott D. Ladd, C. B. O.
Building Official -
SDL: i mm
Encl .
cc: Thomas G. Bradford, Village Manager
John c. Randolph, Village Attorney
October 5, 1992
92-239 1
Mr. Scott Ladd
Building Official
Village of Tequesta
Post Office Box 3273
357 Tequesta Drive
Tequesta, Florida 33469-0273
RE: REQUEST FOR VARIANCE
Dear Mr. Ladd:
Please find enclosed the following documents:
TAM-WEST VARIANCE REQUEST
1. Application for Variance Request
2 . Letter of Authorization for NCNB to pursue Release of Unity
of Title.
3 . Application fee in the amount of $300.00.
NCNB NATIONAL BANK REQUEST
4 . Application for Variance Request
5. Letter of Authorization for LBFH to represent NCNB.
6. Application fee in the amount of $300. 00.
Please accept these documents as our request to be placed on the
agenda for the Board of Adjustment at the earliest date possible.
We are in the process of developing a legal description and
sketch of the required ingress/egress access easement from Tam-
West to NCNB. This will be forwarded to you upon completion.
It is our understanding that upon obtaining the necessary
variances and providing the ingress/egress access easement, both
applicants can then proceed to obtain a Release from Unity of
Title Declaration from the Village 'Council of the Village of
Tequesta.
Thank you for your assistance and if you need any additional
information to proceed with these applications, please do not
hesitate to contact me.
Sincerely,
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
•
Robert L. Canterbury, P.E.
Project Manager
cc: Albert Paniccia
Monica L. Horwitz Ammann
1: VILLAGE OF TEQUESTA
BUILDING DEPARTMENT
n; Post Officc Box 3273 • 357 Tcyucsla Drive
?' „'` k Tcqucsta, Florida 33409-0273 • (407) 575-6220
a��q4�� % FAX: (407) 575-6203
4CN CO M 4
APPLICATION FOR VARIANCE
BOARD OF ADJUSTMENT
NAME OF APPLICANT: Albert Paniccia, Owner - Tarn West Realty, me, (County Line Plaza
MAILING ADDRESS; 213-01 99th Street Queens Village, N.Y. 11429
FAX
PHONE NUMBER: (Ma) (7]8) 479-3505 ( BUSINESS) (718) 740-9090
LOT/PARCEL ADDRESS;
LOT: N/A BLOCK: 3/A SUBDIVISION: •
•
PROPERTY CONTROL NUMBER:
NATURE OF VARIANCE: ( DESCRIBE GENERALLY THE NATURE OF THE VARIANC
DESIRED., )
For 1, 107 parking spaces as currently provided in lieu of the 1 ,114 parking spaces
as previously granted by the Board of Adjustment.
JUSTIFICATION OF VARIANCE: PLEASE ADDRESS TyE SIXCRITERIA L TED I
ATTACHED ZONING CODE SECTION XI II ( E) ( 1) ( b) 1. -6. _The vaance requested is
the minimum variance that will make possible the execution of the option to sell the
Land Lease No. 3 parcel to NCNB National Bank. Grant of the variance will not be
"'furious o the area involvedor otherwise detrimental to the Oub.tic weSfaz "'
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION:
1. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES & SETBACKS.
DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS.
3. WRITTEN APPROVAL FROM PROPERTY OWNER.
4. ANY OTHER DOCUMENTATION PERTINENT TO THIS' APPLICATION.
5. APPLICATION FEE OF; ( A) SINGLE FAMILY - 0100. 00
( 8) DUPLEX - 0200. 00
( C) MULTIPLE FAMILY - 0250.00
( D) COMMERCIAL - 0300. 00 —
Tri '
—^�
APPLICANT SIGNATURE: 9f,.y/9 Z
Albert Paniccia, Owner ( DATE)
Tarn West Realty, Inc. •
TAMWEST REALTY, INC.
213-01 99TH AVE.
QUEENS VILLAGE, NY 11429
(7 1 8) 740-1 2 10
September 23 , 1992
Mr. Scott Ladd
Building Official '
Village of Tequesta
P. O. Box 3273
Tequesta, Florida 33469-0273
Re: NCNB NATIONAL BANK @ COUNTYLINE PLAZA
REQUEST FOR RELEASE OF UNITY OF TITLE
Dear Mr. Ladd:
As the owner of Countyline Plaza, located in the Village of
Tequesta, Florida, I wish to hereby notify you that I have no
objection to the application for Release of Unity of :Title.by..'
NCNB National Bank for the subject property.
Approval of this request is being sought in order to exercise the
option to purchase the bank site by NCNB National Bank. Your
cooperation and assistance with this request will be greatly
appreciated.
Sincerely,
1 er.t Paniccia
STATE OF NEW YORK
COUNTY OF QUEENS
The forgoing instrument was acknowledged before me this
23rd day of September , 1992, by
Albert Paniccia S , who is personally
known to me or who has produced and
who did take an oath.
NOTARY PUBLIC
J06Em R MAGUA O
Nowt'Public. Nov Vaal
DaninissionEvirasr=fe) My o fission Expires:
r' 2-2
•
NCNB NATIONAL BANK 1/
1425 NW 62ND ST
• FT LAUDEFIDALE FL 33309-1990.
•
•
•
September 14 , 1992
Village of Tequesta
Building Department
P . 0. Box 3273 •
357 Tequesta Drive
Tequesta, Florida 33.169-0273
Dear Sirs :
Please accept this letter as authorization to Lindalil , Browning ,
Ferrari &I lle.11st.rom , Inc . to act as the bank ' s agent in the ,
application for the release of unity of title for NCNB' s parcel
at County Line Plaza .
Do not, hesitate to contact me directly at ( 305 ) 928-1180 if there
are any concerns' regarding ,this matter .
Very truly yours ,
NCNB National Bank of Florida
Monica L. Ilorwi tz Ammann
Assistant Vice President
in s
•
•
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•
An IVC;DIR Cnrpnrahnn C:nrnpany
LINDAHL BROWNING FERRARI AN' ;-0 I F%PL"""IION A►nC�'...r L v v 1 63-975/670
' HELLSTROM INC rI Z —Z 3 cJ —
P.O.BOX 727 I
JUPITER,FL 33468
TPA.X.X. 0 i,f (6ze J (1.7-1' DOLLARSCHECK aRCK AMOUNT `
•
E TO TI IE ORDER OF DESCRIPTION MIMOEII
•92- V,,o e,a 7e or/ i.)7/1(a21- t- I
/ /FLAGLER NATIONALBANK ;"' �� Q -
JUPITER.FL 3:14 GO AUTHO D I TURF
11600 200 711' 1:06 7009 ? S61: 08 S L8 2 791,100 L ,
•
•
•
s VILLAGE OF TEQUESTA •
BUILDING DEPARTMENT
t'S'; ' N;•. Post Office Box 3273 • 357 Tcyucsta Drive •
, am �� '` t fcyucsta, Florida 33469-0273 • (407) 575-6220
s•*��� �° FAX: (407) 575 6203
CH coos
APPLICATION FOR VARIANCE
BOARD OF ADJUSTMENT
NAME OF APPLICANT: Monica L. Horwitz Anunann; Asst. Vice Pres. - NCNB National Bank CO2-2
MAILING ADDRESS: 1425 N.W. 62nd Street Fort Lauderdale, Florida 33309
PHONE NUMBER: ( a►'' ) (305) 928-1105 ( BUSINESS) (305) 928-1180
LOT/PARCEL ADDRESS: Lot 1 , Section 30, T40S, R43E
LOT: M/ A BLOCK: N/A SUBDIVISION: County Line Plaza
Land Lease No. 3
PROPERTY CONTROL NUMBER: •
NATURE OF VARIANCE: ( DESCRIBE GENERALLY THE! NATURE OF THE VARIANCE
DESIRED. ) For 16.32% landscaped open space in lieu of 25% as required
by the zoning code.
JUSTIFICATION OF VARIANCE: PLEASE ADDRESS THE SIX CRITERIA LISTED IN
ATTACHED ZONING CODE SECTION XIII ( E) ( 1) ( b) 1. -6. _The variance requested i�
the minimum variance that will make possible the execution of the option to purchase
Land Lease Parcel No. 3 of the County Line Plaza. Grant of the variance will not be
injurious t the area involved or otherwise detrimental to the public welfare.
NOTE: APPLICANT SHALL INCLUDE THE /FOLLOWING ITEMS WITH THIS APPLICATION:
1. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES & SETBACKS.
2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS. .
3. WRITTEN APPROVAL FROM PROPERTY OWNER.
4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION.
5. APPLICATION FEE OF: • ( A). SINGLE FAMILY - $100. 00
( B) DUPLEX - $200. 00
( C) MULTIPLE FAMILY - $250. 00
( D) COMMERCIAL - $300. 00 4-
CNB National Ban of Flo, da
APPLICANT SIGNATURE: ) 9-/� 9�-
Mora L. H tz Ammann ( DATE)
NCNB National BAnk
Asst. Vice President
•
•
•
•
•
•
•
•
•
•
•
•
EXPLANATION AMOUNT 2 005
63-975/67C
LINDAHL BROWNING FERRARI AND 6-91 7a -2_
3 LI
HELLSTROM INC
P.O.BOX 727
JUPITER,FL 33468
PAY
AMOUNT /�1/ Q /7(/ ( 01 OCLt C& -1r l9 / :v DOLLARS
OF CHECK
.�/11"
DATE TO THE ORDER OF I DESCRIPTION riuMu AMOU
NT
lP S 17 (��a 7ece /c I $ .30D.
AGLER NATIONAL BANK ''�� G" 2
FL Z.
(-6
JUPITER,FL 9:In,o UTHORIZED SIGNATURE
.onn inn r o ,•nr rinn ❑ O cr f• nn C to a 7gI..on L
2 -
•
VILLAGE OF TEQUESTA
;, «w BUILDING DEPARTMENT
f -;It° Post Office Box 3273 • 357 Tequesta Drive
'�N coN•{ Tequesta, Florida 33469-0273 • (407) 575-6220
FAX: (407) 575-6203
October 30, 1992
Robert L. Canterbury
Lindahl , Browning, Ferrari & Hellstrom, Inc.
10 Central Parkway, Suite 420
Stuart, FL 34994
Dear Mr. Canterbury:
Subject :. Request for Zoning Variances :
NCNB National Bank ( Landscape Requirements) , and
County Line Plaza ( Parking Requirements) .
Enclosed is a copy of the Notice of Public Hearing to be held at 7: 30
P. M. , Monday, November 16, 1992 in the Village Hall , 357 Tequesta
Drive, Tequesta, Florida, by the Board of Adjustment to act upon the
above referenced applications for variances to the terms of the
Official Comprehensive Zoning Ordinance of the Village of Tequesta.
Receipt of checks No. 2005 and No. 2007 in the amount of 5300. 00 for
each application are hereby acknowledged.
Also enclosed is a copy of the Official Comprehensive Zoning
Ordinance of the Village of Tequesta, Ordinance No. 355, as amended,
Section XIII. Board of Adjustment, which outlines the manner in which
the Board of Adjustment must consider your applications. '
You and/or your representative must be in attendance at the hearing to
present your applications.
Very truly yours,
VILLAGE OF TEQUESTA
BOARD OF ADJUSTMENT
,14104 ,D, dad/
Scott D. Ladd
Clerk of the Board REC :' :
/ jmm
encl .
NCR, 0 41992
cc: William Kirkland, Chairman BOA
Tam West 'Realty, Inc. tlNi�} ,ERt: ff FERRARI
590 U. S. One North
Tequesta, FL 33469 IAL.
it
PV �' VILLAGE ,OF TEQUESTA
;fit a . � e BUILDING DEPARTMENT
��N twr Post Office Box 3273 • 357 Tequesta Drive
41;c coµA4 Tequesta, Florida 33469-0273 • (407) 575-6220 .
FAX: (407) 575-6203
NOTICE
OF
BOARD OF ADJUSTMENT
PUBLIC HEARING
MONDAY, NOVEMBER 16, 1992
7: 30 P. M.
The Board of Adiustment of the Village of Teguesta, Florida
will hold a Public Hearing_ on Monday, November 16, 1992 at 7: 30
P. M. in the Village Hall Council Chambers, 357 Teguesta Drive,
Tequesta, Florida.
PLEASE TAKE NOTICE AND BE ADVISED, " If any person decides to
appeal any decision made by this 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. "
x t0. Yadd
Scott D. Ladd
' Clerk of the Board
/ imm
Posted: October 30, 1992
Sec.XI'_I APPENDIX A—ZONING Sec. XIII Sec. XIII TEQUESTA CODE Sec. XIII
SECTION XIII. BOARD OF ADJUSTMENT
man, may administer oaths and compel the attendance of wanes-
(A) Board Established ses. All meetings of the board and its files or records shall be
open to the public.
(1) A board of adjustment is hereby established, which shall (2) The board of adjustments shall also keep minutes of its
perform its duties as provided by law in such a way that the s, showing the vote of each member upon each ques-
objectives of this ordinance shall be observed, public health, safe- proceeding
ty, and welfare secured, and substantial justice done. tion, or, if absent, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
(2) The board of adjustments shall consist of five (5) regular immediately filed in the office of the board and shall be a public
members appointed by the village council and who shall serve record.
without compensation and for a term of three (3) years. In addi-
tion to the regular board members, two (2) additional members, (C) Appeals, Hearing, Notice.
to be designated as Alternate /1 and Alternate /2, shall be (1) Appeals to the board of adjustment may be taken by any
appointed to serve in that order at meetings of the board when person aggrieved or by any officer, or bureau, or department of
necessary for any reason and to have at all times three (3) voting the governing body of the village affected by any decision of the
members on said board as a quorum. In the case of only three (3) administrative officer charged with enforcement of the zoning
members present, all present shall have to vote in favor of a ordinance. Such appeal shall be taken within a reasonable time,
variance to make it effective. Alternate,members shall serve for as provided by the rules of the board, by filing with the clerk of
two (2) years, but of the first appointed alternate members, one the board, a notice of appeal specifying the grounds thereof. The
(1) shall serve for one (1) year, and one (1) shall serve for two (2) officer from whom the appeal is taken shall forthwith transmit to
years. Thereafter, alternate members shall be appointed for two-. the board all the papers constituting the record upon which the
year terms.
action was taken.
(3) Vacancies in the board membership by resignation, illness (2) The board shall fix a reasonable time for the hearing of the
or other causes shall be filled by the village council for the appeal, give public notice thereof, by sending notice through
unexpired term of the member involved. Members of the board of regular mail to owners of record within a three-hundred-
adjustment may be removed from office by the village council property
foot radius of the outermost perimeter of the subject property and
upon written charges and after public hearing. The board shall
by publication in a newspaper of general circulation within the
select its own chairman and vice-chairman annually at the first community, as well as due notice to the parties in interest, and
meeting of the calendar year. The building official or his desig decide the same within a reasonable time. Upon the hearing, any
Hated representative shall serve as clerk and advisor to the board. party may appear in person, by agent or by attorney.
(4) All members of the board of adjustment shall be qualified (3) In any matter brought before the board and upon which it
electors of the village. is required to make a decision, the parties in interest shall be
(B) Proceedings of the Board given notice by mail of the time, place and subject matter of
(1) The board of adjustment shall adopt rules of procedure for hearing. For this purpose, the owner of the property shall be
deemed to be the person shown on the current tax assessment roll
the conduct of its business, consistent with the provisions of this as being the owner, and such notice shall be sent to the address
ordinance. Meetings of the board shall be held at the call of the given on such assessment roll for that person
chairman, and at such time as the board may determine. Such
chairman, or in his absence, the vice-chairman or acting chair-
Supp.No. 17 1209 Supp.No. 17 1210
Sec.XIII APPENDIX A—ZONING Sec. XIII Sec.XIII TEQUESTA CODE Sec. XIII .
(D) Stay of Proceedings. 5. That the variance granted is the minimum variance
(1) An appeal stays all proceedings in furtherance of the action that will make possible the reasonable use of the land,
appealed from, unless the officer from whom the appeal is taken building, or structure;
certifies to the board of adjustment after the notice of appeal 6. That the grant of the variance will be in harmony
shall have been filed with him, that by reason of facts stated in with the general intent and purpose of the ordinance
the certificate a stay would, in his opinion, cause imminent peril and that such variance will not be injurious to the
to life and property. In such case, proceedings shall not be stayed area involved or otherwise detrimental to the public
otherwise than by a restraining order which may be granted by welfare.
the board or by a court of record on application, on notice to the (c) In granting any variance, the Board of Adjustment may
officer from whom the appeal is taken and on due cause shown. prescribe appropriate conditions and safeguards in confor-
(E) Powers and Duties of the Board mity with this section and any ordinance enacted by the
village council. Violation of such conditions and safeguards,
(1) The board of adjustment shall have the following powers: when made a part of the terms under which the variance is
(a) To hear and decide appeals where it is alleged there is granted, shall be deemed a violation of this ordinance.
error in any order, requirement, decision, or determina- (d) In reviewing matters brought before it pursuant to the
tion made by an administrative official in the enforcement provisions of this section, the board shall not exercise au-
of this section or of any ordinance adopted pursuant thereto. thority or jurisdiction over matters which are specifically
reserved to other officers, boards, or agencies of the vil-
(b) To authorize upon appeal in specific cases such variance
from the terms of the ordinance as will not be contrary to lage. Where site plan review is necessitated pursuant to
the provisions of this ordinance, no decision of the board
the public interest, where, owing to special conditions, a
with respect to a variance, or other matter,.pertaining to
literal enforcement of the provisions of the ordinance will the property in question shall obviate the necessity for
result in unnecessary hardship. The power to grant any such site plan review. Where a requested building permit
such variance shall be limited by and contingent upon a has been withheld by the building official for want of com-
finding by the board: pliance with applicable laws and ordinances beyond the
•
1. That special conditions and circumstances exist which jurisdiction of the Board of Adjustment, no building permit
are peculiar to the land, structure, or building involved shall be issued regardless of any decision of the board until
and which are not applicable to other lands, struc- the requirements of said laws and ordinances have been
tures, or buildings in the same zoning district; met.
2. That the special conditions and.circumstances do not (e) Under no circumstances shall the Board of Adjustment
result from the actions of the applicant; grant a variance to permit a use not generally or by special
3. That granting the variance requested will not confer exception permitted in the zoning district involved or any
on the applicant any special privilege that is denied by use expressly or by implication prohibited by the terms of
this ordinance to other lands, buildings, or structures this ordinance in the zoning district. No nonconforming
in the same zoning district; use of neighboring lands, structures, or buildings in the
4. That literal interpretation of the provisions of the or- same zoning district and no permitted use of lands, struc-
dinance would deprive the applicant of rights commonly tures, or buildings in other zoning districts shall be con-
enjoyed by other properties in the same zoning district sidered grounds for the authorization of a variance.
under the terms of the ordinance and would work
unnecessary and undue hardship on the applicant; Supp.No. 17
Stipp.No. 17 1211 1212
Sec. XIII APPENDIX A—ZONING Sec.XIII Sec.XIII TEQUESTA CODE Sec. XIV
(F) Decisions of the Board not be reimbursable, and is intended to defray the costs of admin-
(1) In exercising the above-mentioned powers, such board may, istering, processing, and reviewing the application.
in conformity with the provisions of this section, reverse or af- (2) The building official may waive the filing fee when the
firm, wholly or partly, or may modify the order, requirement, applicant seeks a variance to replace an existing screened swim-
decision, or determination appealed from and may make such ruing pool enclosure with a new screened swimming pool enclo-
order, requirement, decision, or determination as ought to be sure having the same dimensions but a greater height than the
made, and to that end shall have all the powers of the officer from existing screened swimming pool enclosure.
whom the appeal is taken. The concurring vote of three(3) mem-
bers of the board shall be necessary to reverse any order, re-
quirement, decision or determination of any such administrative
official, or to decide in favor of the applicant on any matter upon
which it is required to pass under any such ordinance, or to effect
any variation in such ordinance. Any request denied by the board
shall not be resubmitted to the board for a period of ninety (90)
days after the date of denial.
(G) Appeals from Board
. (1) Any person or persons, jointly or severally, aggrieved by
any decision of the board, or any taxpayer, or any officer, de-
partment, board or division of the governing body of the village,
may present to a circuit court a petition setting forth that such
decision is illegal, in whole or in part, specifying the grounds of
the illegality and such presentment shall be made within thirty
(30) days of the filing of the decision.
(H) Time Limitation.
(1) The board of adjustment may prescribe a reasonable time
limit within which the action for which the variance is required
shall be begun or completed or both. However, if no time limit is
specified by the board, then the variance shall expire within six
(6) months from the date of grant, unless a building permit based
upon and incorporating the variance is issued within the afore-
said six-month period and construction has begun thereunder.
(I) Filing Fee.
(1) Upon filing an application to the board of adjustment, 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
Supp.No. 17
1213
/4004,4 GLvi✓! f`#5
dos it
�� VILLAGE OF TEQUESTA
; ' ;�'� �i BUILDING DEPARTMENT
;-�111�s_ Post Office Box 3273 • 357 Tequesta Drive
°f+C Tequesta, Florida 33469-0273 • (407) 575-6220
N �p�N y
FAX: (407) 575-6203
•
November 17, 1992
Robert L. Canterbury
Lindahl , Browning, Ferrari & Hellstrom, Inc.
10 Central Parkway, Suite 420
Stuart, FL 34994
Dear Mr. Canterbury:
Subiect : Variance Requests: NCNB National Bank ( Landscape
Requirements, and County Line Plaza ( Parking Require—
ments) .
This letter is to confirm the action of the Village of Tequesta
Board of Adiustment at their November 16, 1992 Public Hearing
approving your request for variances to the terms of the Official
Comprehensive Zoning Ordinance of the Village of Tequesta, to
allow for 16. 32% landscaped open space in lieu of 25% at NCNB
National Bank, 722 U. S. Hwy. One North, and to allow a reduction
in the required number of parking spaces at County Line Plaza; 500
— 722 U. S. Hwy. One North, to 1107 spaces in lieu of 1114 spaces
as allowed by two previous variances, as required by the Zoning
Ordinance.
If you have any questions regarding this matter, please feel free
to contact the Village of Tequesta Department of Community
Development.
Very truly yours,
VILLAGE OF TEQUESTA
BOARD OF ADJUSTMENT
,gleett 0, CXCICIdi
Scott D. Ladd ,
Clerk of the Board
RECEIVED
: jmm
cc: Wm. Kirkland, Chairman N�U'191992
John C. Randolph, Village Attorney
UNON-11,BROWNING,FERRARI
4 Vito L STROM. INC,
A LINDAHL, BROWNING, FERRARI & HE'LLSTROM, INC.
CONSULTING ENGINEERS, PLANNERS&SURVEYORS
WEST PALM BEACH • JUPITER'• STUART • FORT PIERCE
• 10 CENTRAL PARKWAY
SUITE 420
STUART, FLORIDA 33497
(407) 286-3883
FILE MEMO TO: Monica Horwitz ArrIImann
DATE: 8/27/92 FILE NUMBER: 92-239
PROJECT: NCNB National Bank RE:
PER TELECOM FROM: Bob Canterbury (LBFH) TO: Scott Ladd (Village.
PER MEETING AT:
PARTIES PRESENT: RE: DISCUSSION WITH SCOTT LADD REGARDING VARIANCE APPLICATION
POINTS DISCUSSED:
Per my conversation with Scott Ladd of this date, I wish to confirm the following items to
proceed with the variance request:
J.. Submit two (2) separate variance request applications.
a. ) NCNB - $300.00
b. ) County Line Plaza - $300.00 •
NCNB to provide two separate checks made out to ,"Village of Tequesta" .
Copy of applications attached for signature.
2. Submit two surveys.
a. ) County Line Plaza with NCNB outrkarcel and with ingress/egress easement.
h. ) NCNB site with, ir:7ress/egress sholm adjacent to site. NCNB (Elaine) to provide
copies of existi1q surveys, LBFH will update as needed.
3. A release from Unity of Title Declaration will need to be developed by NCNB attorney
(Gary Barber (305) 764-3000) for both the County Line Plaza and NCNB. Mr. Barber will
need to coordinate this with the Village of Tequesta attorney, Mr. John Randolph.
4. Need written approval (letter of authorization) from County Line Plaza and NCNB for
Lindahl, Browning, Ferrari & Hellstrom to act as authorized representative for
matters pertaining to application for variances and request for release of Unity of
Title. Letter already sent to Mr. Paniccia to authorize NCNB to submit request. Need
FILE COPY
JONES, FOSTER, JOHNSTON & STUBBS, P. A. •
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
605 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR •
BOX 3475
HENRY F.UUENTHAL O.
LARRY B.ALEXANDER JOHN BLAIR McCRACKEN P.
STEPHEN J.AUCAMP SCOTT L McMULLEN WEST PALM BEACH,FLORIDA 33402-3475 1902-1982
TRACEY BIAGIOTTI JOHN C.RANDOLPH •
HARRY
JOYCE A.CONWAY JOHN C.RAU (407)859-3000 AJOHNSTON
1�5-LLISON J
MAFIGARET L COOPER ANDREW ROSS FAX:(407)832.1454
1963
EDWARD DIAZ STEVEN J.ROTHMAN R.BRUCE JONES
REBECCA G.DOANE PETER A.SACHS 1904-1988
CHRISTOPHER S.DUKE D.CULVER SMITH BI .
SCOTT G.HAWKINS SIDNEY A.STUBBS.JR. 1 PAUL C.WOLFE
THORNTON M.HENRY ALLEN R.TOMLINSON • 1933-1991
PETER S.HOLTON JOHN S.TRIMPER 1•' L O I
MARK B.KLEINFELD MICHAEL P.WALSH WRITERS DIRECT LINE: VI 0f ,, IJJ-1 RETIRED
•
MICHAEL T.KRANZ H.ADAMS WEAVER / WILUAM A.FOSTER
OF COUNSEL
L MARTIN FLANAGAN
ti.
October 31, 1994
Tia L. Cottey
Assistant General Counsel
NationsBank
Legal Department
901 Main Street, 68th Floor
Dallas, Texas 75202-3714
RE: Village of Tequesta/County Line Plaza
Termination of Unity of Title Agreement
Our File No. 13153 . 1
•
Dear Ms. Cottey:
I have forwarded your proposed Ingress and Egress Easement to Scott
Ladd, the Chief Building Official in the Village of Tequesta. I
suggest that you discuss this matter directly with Mr. Ladd.. . -
In a letter to me in response to my correspondence with him in
regard to this matter, he has advised me that if the NationsBank
land lease parcel is extracted from the Unity of Title with the
entirety of County Line Plaza, several negative conditions would be
created. In particular, the minimum parking requirements, which
are currently at variance from the Village Code, would create a
greater nonconformity for the entire plaza. The minimum landscaped
green space for the entire plaza is also currently nonconforming.
In the event the land lease is extracted from the unified parcel,
Mr. Ladd would have to examine the NationsBank parcel for
landscaping compliance.
Tia L. Cottey
October 31, 1994
Page 2
I suggest you speak directly to Mr. Ladd in regard to this matter
in order to establish the manner in which you desire to proceed.
Mr. Ladd may be reached at (407) 575-6220.
Sincerely,
JONES OSTE HNSTON & STUBBS, P.A.
n C. R dolph
JCR/ssm
cc: Scott D. Ladd
JONES , FOSTER , JOHNSTON & STUBBS , P . A .
Fn. E c n
i jii.- . -: VILLAGE OF TEQUESTA tt:� I
DEPARTMENT OF COMMUNITY DEVELOPMENT
.0:17k
�; Post Office Box 3273 • 357 Tequesta Drives''A t� P,•` o Tequesta,Florida 33469-0273•(407)575-6220
',''` ,`' Fax:(407)575-6239
October 26, 1994
Mr. John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs
P. 0. Box 3475
West Palm Beach, FL 33402-3475
RE: Village of Tequesta
County Line Plaza Termination of Unity of Title
Your File No. 13153. 1
Dear Skip:
I have reviewed the ingress and egress agreement and the suggested
language set forth in your letter of September 26, 1994 and,
although I concur with inserting the suggested language into the
agreement, I must alert you to the fact that if the NationsBank
land lease parcel is extracted from Unity of Title with the
entirety of County Line Plaza, several negative conditions would
be created and/or , exacerbated. Namely, the minimum parking
requirements, which are currently at variance, would be put that
much more into non—conformity for the entire plaza even though the
extracted land lease parcel may meet the minimum parking
requirements for the bank building. The minimum landscaped green
area for the entire plaza is also currently non—conforming to the
requirements of Ordinance No. 377, the Village Landscape Code, and
I am not sure how the extracted land lease will fare upon
examination per the Landscape Code which has an amortization final
date of March 8, 1995.
I do not have a problem with the agreement in that it appears to
properly provide the required means of ingress and egress to the
subject property, thereby meeting the intent of our Code which
requires direct access to a public road right—of—way for all
properties developed within the Village.
It would probably be prudent for NationsBank to have their
architectural and engineering staff or consultants review the
Village' s Codes in order to establish to what degree the extracted
land lease parcel meets or does not meet the various site, parking
and landscape requirements of the Village.
Recycled Paper
Page 2
I hope this information is helpful to you and if you have any
questions or concerns regarding the content of this letter, please
feel free to contact me.
Very truly yours,
A4V`
Scott D. Ladd, C. B. O.
Building Official
SDL: j mm
cc: Thomas G. Bradford, Village Manager
r ��r UUPT
JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
LARRY B.ALEXANDER JOHN BLAIR MCCRACKEN P.O. BOX 3475 HENRY F.ULIENTHAL
STEPHEN J.AUCAMP SCOTT L.MCMULLEN WEST PALM BEACH,FLORIDA 33402-3475 1902.1982
TRACEY BIAGIOTTI JOHN C.RANDOLPH JOHNSTON
HARRY ALLISON
JOYCE A.CONWAY JOHN C.RAU • (407)859-3000 1LISON
MARGARET L.COOPER ANDREW ROSS FAX:(407)832-1454
EDWARD DIAZ STEVEN J.ROTHMAN R.BRUCE JONES
REBECCA G.DOANE PETER A.SACHS 1904_1988
CHRISTOPHER S.DUKE D.CULVER SMITH I
SCOTT G.HAWKINS SIDNEY A.STUBBS.JR. PAUL C.WOLFE
THORNTON M.HENRY ALLEN R.TOMLINSON 1933.1991
PETER S.HOLTON JOHN S.TRIMPER TIRED
MARK B.KLEINFELD MICHAEL P.WALSH WRITER'S DIRECT UNE: WILU RETIRED
A.FOSTER
MICHAEL T.KRANZ H.ADAMS WEAVER
OF COUNSEL
L MARTIN FLANAGAN
September 26, 1994
VIA FAX: 575-6 .•3 ' ,`3-'s'°
Scott D. Ladd, C.B.O.
Village of Tequesta
Post Office Box 3273 r 1
Tequesta, Florida 33469 S� Y ,.
RE: Village of Tequesta
County Line Plaza Termination of Unity of Title
Our File No. 13153.1
Dear Scott:
•
Please review the enclosed Ingress and Egress Agreement and see if
. it achieves the purposes of the Village as far as the original
' intent of the Unity of Title is concerned. As you see from the
cover letter, it appears that NationsBank and Tam West will request
that the Unity of Title agreement be released.
Perhaps we will want to see some language in this agreement, in the
event we release the Unity .of Title, that the purpose of this
easement is to assure the perpetual use of this easement so as to
achieve continuity in use between the NCNB parcel and the Tam West
parcel. Perhaps the following language would be appropriate:
"In consideration of the Village releasing the Unity of
Title, it has agreed to this easement agreement which may
not be canceled without consent of the Village of
Tequesta. " -
Please advise at your earliest convenience so that I may respond to
NationsBank.
Sincerely,
JONES, R, JOHNSTON & STUBBS, P.A.
ohn . Randolph
JCR/ssm
Enclosures
I.i•4;11 lll". . Rix 214 . i,_',X71
dll \1.un Tl!Tut
II: !\ T:52( 2-.i7I
HationsBank 7 /L/7y
September 8, 1994
VIA AIRBORNE EXPRESS
Mr. John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
P.O. Drawer E
West Palm Beach, Florida 33402-3475
Re: Termination of Unity of Title Agreement between Tequesta Associates and
Village of Tequesta, recorded in Official Records Book 5767, Page 1174, of
the Public Records of Palm Beach County, Florida/County Line Plaza
Dear Mr. Randolph:
Pursuant to NationsBank of Florida, N.A.'s rights under that certain Net Ground
Lease dated July 17, 1989 between NationsBank and Tequesta Associates Limited
Partnership, as amended, NationsBank is in the process of exercising its option to
purchase NationsBank's branch banking facility located at 722 U.S. Highway 1
North, Tequesta, Florida. Our owner's title insurance commitment requires that the
above Unity of Title Agreement must be released as it applies to the NationsBank
parcel.
Our engineer, Bob Canterbury at Lindahl, Browning, Ferrari & Hellstrom, Inc. is
assisting us in this process and has asked me to forward to you a draft of the
Easement Agreement that we have prepared for purposes of providing the necessary
ingress/egress so that the Unity of Title may be released. I am enclosing a draft of
this document for your review. Once we have gotten your approval and Tam-
West's approval of the Easement Agreement, we will have Mr. Canterbury get us
on the Tequesta Commission meeting agenda to get the Unity of Title released.
Additionally, I would appreciate your advising me what other documentation the
- Village of Tequesta will require for purposes of releasing the Unity of Title. I will
be happy to prepare whatever documentation you deem necessary.
•
I appreciate your help with this matter. If you have any questions concerning any
of the foregoing, please call. I look forward to hearing from you.
Sincerely,
•
Tia Co y r.
Assistant General Counsel
(214) 508-0852
TLC:mt
Enclosure
cc Joe Cook, Esq. (w/o end)
Bob Canterbury (w/o end)
Kent Infante (w/o end)
Shirley Mullen (w/o end)
I:\COTTEYTL\LTRS\RANDOLPH