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RESOLUTION NO. 28-99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING
AN AGREEMENT WITH FIRST UNION NATIONAL BANK, AS
TRUSTEE OF L.T. NO. 400 DATED JUNE 16, 1983,
POSTPONEMENT OF RESTORATION OF THE CURB CUT T IT':---2)
ORIGINAL CONDITION AT 195 TEQUESTA DRIVK--AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
APPLICABLE AGREEMENT ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Agreement for the postponement of the
restoration of the Curb Cut to it' s original condition,
subject to the terms and conditions placed upon the applicant,
First Union National Bank, as trustee of L.T. No. 400 dated
June 16, 1983 , by the Village of Tequesta Village Council,
Attached Hereto as Exhibit " I" and Incorporated by Reference
as Part of this Resolution is Hereby Approved and the Village
Manager is Authorized to Execute the Applicable Contract on
Behalf of the Village.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
, who moved its adoption. The motion 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 13th day of January, A.D. , 2000 .
MAYOR OF TEQUESTA
Carl C . Hansen
ATTEST
Joann Manganiello
Village Clerk
Nmh\Word\MyDocuments\Resolutions\28-99-00
EXHIBIT I
AGREEMENT
THIS AGREEMENT made the day of January 2000, by and
between FIRST UNION NATIONAL BANK, as trustee under L.T. No. 400
dated June 16, 1983 (hereinafter referred to as "TRUSTEE") , and
the VILLAGE OF TEQUESTA, a political subdivision of the State of
Florida (hereinafter referred to as "TEQUESTA") .
WITNESSETH:
WHEREAS, TRUSTEE owns certain real property located within
the municipal limits of the Village of Tequesta, Florida, which
real property (hereinafter referred to as the "Property") is more
particularly described as follows:
(See Exhibit A attached hereto)
WHEREAS, TRUSTEE applied for, and obtained from TEQUESTA, a
permit to install a curb cut to the Property over the southerly
boundary thereof; and,
WHEREAS, the curb cut granted by TEQUESTA was conditioned
upon the approval of a site plan for the use of the Property as a
parking lot by an adjacent property owner (McCarthy's
Restaurant) ; and,
WHEREAS, the site plan approval process was not concluded
and, as a result thereof, approval for the use of the Property as
parking by the adjacent owner was not granted by TEQUESTA; and,
WHEREAS, TEQUESTA is willing to postpone the restoration of
the curb cut to its original condition, subject to the terms and
conditions hereof.
NOW THEREFORE, in consideration of the mutual undertakings
of the parties set forth herein, the parties hereto agree as
follows :
1. The recitals of fact set out above are true and correct
and are incorporated herein by reference.
2 . TRUSTEE will be responsible to restore, to its original
condition and at its sole expense, the street curb and sidewalk
which were previously "cut" pursuant to the permit issued by the
Village of Tequesta on January 22, 1999 (Permit No. 99-00056) .
1
EXHIBIT I
ti
In addition, TRUSTEE will be responsible to re-plant in its
original location the tree (a Royal Palm) , which was removed and
re-located adjacent to the area of the curb cut. Subject to the
postponement described in paragraph three hereof, if the TRUSTEE
does not restore the curb cut and sidewalk to the original
condition, after written notice from TEQUESTA, TEQUESTA could do
so and charge the TRUSTEE and lien the property, for the
reasonable expense of same.
3 . In consideration of TRUSTEE planting a natural barrier
(hedge material with an irrigation system) along the southerly
boundary of the Property to prevent access to same, TEQUESTA
shall postpone the restoration of the curb cut/tree. The matter
will be scheduled for a hearing before the TEQUESTA Council on
June 8, 2000, to determine the progress of TRUSTEE's marketing of
its 7.5-acre parcel (southeast corner of Old Dixie Highway and
Tequesta Drive) , which is contiguous to the subject parcel.
4 . By its execution hereof, TRUSTEE acknowledges and agrees
that the construction of the curb cut pursuant to the permit
issued by TEQUESTA, as well as the postponement of its removal by
same, has not and will not cause TRUSTEE to accrue any vested
interest in maintaining the curb cut.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their respective hands and seals on the day above written.
Village of Tequesta, a First Union National Bank,
political subdivision of as trustee of L.T. No. 400
the State of Florida dated June 16, 1983 .
By: By:
, it' s , Trust Officer
2
01/07/2000 15:51 561-575-6239 VILLAGE OF TEQUESTA PAGE 04
61l07/2e00 13:16 561-575-4654 VAN HRQCK MAL 04
A
, LEGAL DESCRIPTION
A PARCEL OF LAND LYING INNTH THE
43SOUTHWEST ST. TAQUARTERH OF FOSECTION
30. TOWNSHIP 40 SOUTH,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OFMOLDCINXIE7HIGHWAY(ANS00TFOOTORIGHT-OF-WAY)aANDQTHEANORTHE
LINE
OF 7EQ1264, AS
OF PALMFBEACHLCOUNTY, BOOK
Boil. PAGE 1NCE. ' A 'E. ALONG SAID NORTH RIGHT-OF-WAY
FLORIDA:Q THENCE S67 34 9
LINE 35. 213 FEET; THENCE N670 32' 151 E. ALONG SAID NORTH
RIGHT-OF-WAY LINE, 6 THE
POINT OF
W
NNCE CONTINUEN67. 377' 5'E, ALONGSAIDNORTHRIGHT-OF- AY
LINE, 11. B4 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THS�A�HO. Cu�V�NGTHF1gUGHUS OF A CEN�RALOAN(3L!<TCIFTHENCE
EASTERLY, ALONG
5' d0' i4' , 39. 09 FEET TO THE INTERSECTION WITH TPAGESs93L-97,
INE
OF TEQUESTA OAKS,_ AS RECORDED IN PLAT BOOOKOA9, PAGES
PUBLIC RECORDS OF PALM BEACH COUNTY, F
LR ;N87• ' ALONG SAID WEST
206. 94 THENCE
S873215"W. 49. 70 FEET; TENCES2234' 46"E, 205, 0 EET TO
THE POINT OF BEGINNING,
MEMORANDUM
To: Thomas G. Bradford, Village Manager
From: Scott D. Ladd, Director ofommunity Development �L1
Kara L. Irwin, Planner-0//
Date: January 6, 2000
Subject: Resolution Approving the Agreement Between First Union National Bank, as
trustee under L.T. No. 400 dated June 16, 1983 and the Village of Tequesta
providing postponement of the restoration of the curb cut to it's original condition
at 195 Tequesta Drive. Douglas Rawls Girvin, P. A., as agent.
Attached are nineteen (19) sets of packets, including an original, for the above referenced
subject. Please place this item on the January 13, 2000, Council agenda.
/kli
01/07/2000 15:51 561-575-6239 VILLAGE OF TEQUESTA PAGE 03
JAN 08 '00 01:13AM JONES FOSTER JOHNSTON & STUBBS P.1'1
FOSTER
.f.OSTER Flagler Center Tower_Suite 1100 Mailing Addrm
JOHNSTN 505 South Fiver Drive Past Office Box 3475
`' PA West Palm Beech,Florida 33401 Welt Palm Brach,Florida 33402-3475
Mull Telephone(561)659-3000 Facsimile(561)832-1454
John C.Randolph,Esq.
Direct Dial:(561)650-0458
E-mail:jrendolp joacat-foster.com
January 7,2000 VIA FAX:575-6239
Kara L.Irwin„Planner
Village of Tequesta
Post Office Box 3273
Tequesta,Florida 33469-0273
RE: Village of Tequesta
Resolution for Agreement With Domer
Our File No. 13153.1
Dear Kara:
Please be advised that I have reviewed the above referenced Resolution and hereby approve same
as to legal form and sufficiency.
Sincerely,
JONES,FOSTER,JOHNSTON&STUBBS,P.A.
John C.Randolph
JCR/ssm