HomeMy WebLinkAboutDocumentation_Regular_Tab 5_2/10/2000 j1
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MEMORANDUM •
To: Thomas G. Bradford, Village Manager
From: Kara L. Irwin, Planner
Date: February 4, 2000
Subject: Consideration of a Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, vacating and abandoning a
certain 703.3' portion of a thirty foot right-of-way, platted as Tequesta
Drive and commonly known as Country Club Drive, on the Plat of
Tequesta, as recorded in Plat Book 25, Page 8, Public Records of Palm
Beach County, Florida, conditioned upon the reservation and
dedication of a multi-purpose public utility easement described as the
north 580' of the west 10.00' as measured along the lines of the parcel
to be abandoned.
The petition to abandon a portion of South Country Club Drive was heard at the January 13,
2000, Village Council meeting. The abandonment was approved subject to the modification of
the Resolution to allow for a multi-purpose public utility easement The Resolution has been re-
written to include the reservation and dedication of a ten foot wide multi-purpose public utility
easement, which will run south 580' from the north end of the abandonment parcel. The
property owners can extend their fences over/across the public utility easement in order to fence
in their portion of the abandoned parcel, but must first obtain a permit from the Department of
Community Development. Fencing across a public utility easement is a common practice in the
Village of Tequesta
Attached are nineteen (19) sets of packets, including an original, for the above referenced
subject. Please place this item on the February 10, 2000, Council agenda. Staff recommends
approval.
/kli
NOTICE OF PUBLIC HEARING
VILLAGE OF TEQUESTA
Public Notice is hereby given that the Village Council of the Village of Tequesta, Florida, will
hold a Public Hearing during the Village Council meeting Thursday, February 10, 2000,
beginning at; 7:00 P.M., in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta,
Florida, to consider
The resolution for the abandonment of the thirty-foot (30') Right-of-Way that is the southern
most 703.3' of the thirty foot (30') right-of-way, identified as Tequesta Drive, and commonly
known as Country Club Drive, on the Plat of Tequesta, as recorded in Plat Book 25, Page 8,
Public Records of Palm Beach County, Florida, more particularly described as follows:
BOUNDED ON THE SOUTH BY THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF TEQUESTA DRIVE AS SHOWN ON SAID PLAT OF
TEQUESTA; BOUNDED ON THE WEST BY THE WESTERLY LINE OF
TEQUESTA DRIVE AS SHOWN ON SAID PLAT OF TEQUESTA; BOUNDED ON
THE NORTH BY THE WESTERLY PROLONGATION OF THE SOUTHERLY
RIGHT-OF-WAY LINE OF TEQUESTA DRIVE AS SHOWN ON THE PLAT OF
BAYVIEW TERRACE AS RECORDED IN PLAT BOOK 51, PAGES 86 AND 87 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BOUNDED ON
THE EAST BY THE EASTERLY LINE OF SECTIONS 26 AND 35, TOWNSHIP 40
SOUTH, RANGE 42 EAST.
The Village of Tequesta proposes to dedicate and grant, simultaneously with the proposed
abandonment,a public utility easement described as follows:
THE NORTH 580 FEET OF THE WEST 10.00 FEET AS MEASURED ALONG THE
LINES OF THE ABANDONED PARCEL.
A location map of the property noticed herein is available to the public at the Office of the
Village Clerk in the Village of Tequesta Administration Office located at 250 Tequesta Drive,
Suite 300,Tequesta, Florida.
At such time and place, the Village Council will hear all evidence in support of or in opposition
•
to this application. 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.
Village of Tequesta
For the Village Council
Car C. Hansen, M yor
Kara L. Irwin
Planner
Posted: February I, 2000
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
VILLAGE OF TEQUESTA
Public Notice is hereby given that the Village Council of the Village of Tequesta, Florida, will
hold a Public Hearing during the Village Council meeting Thursday, February 10, 2000,
beginning at 7:00 P.M., in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta,
Florida, to consider the resolution for the abandonment of the thirty-foot (30') Right-of-Way that
is the southern most 703.3' of the thirty foot (30') right-of-way, identified as Tequesta Drive, and
commonly known as Country Club Drive, on the Plat of Tequesta, as recorded in Plat Book 25,
Page 8, Public Records of Palm Beach County, Florida,more particularly described as follows:
BOUNDED ON THE SOUTH BY THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF TEQUESTA DRIVE AS SHOWN ON SAID PLAT OF
TEQUESTA; BOUNDED ON THE WEST BY THE WESTERLY LINE OF
TEQUESTA DRIVE AS SHOWN ON SAID PLAT OF TEQUESTA; BOUNDED ON
THE NORTH BY THE WESTERLY PROLONGATION OF THE SOUTHERLY
RIGHT-OF-WAY LINE OF TEQUESTA DRIVE AS SHOWN ON THE PLAT OF
BAYVIEW TERRACE AS RECORDED IN PLAT BOOK 51, PAGES 86 AND 87 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BOUNDED ON
THE EAST BY THE EASTERLY LINE OF SECTIONS 26 AND 35, TOWNSHIP 40
SOUTH, RANGE 42 EAST.
The Village of Tequesta proposes to dedicate and grant, simultaneously with the proposed
abandonment, a public utility easement described as follows:
THE NORTH 580 FEET OF THE WEST 10.00 FEET AS MEASURED ALONG THE
LINES OF THE ABANDONED PARCEL.
A location map of the property noticed herein is available to the public at the Office of the
Village Clerk in the Village of Tequesta Administration Office located at 250 Tequesta Drive,
Suite 300,Tequesta, Florida.
At such time and place, the Village Council will hear all evidence in support of or in opposition
to this application. 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.
Village of Tequesta
For the Village Council
Carl C. Hansen, Ma or
C4(
Kara L. Irwin
Planner
Posted: Friday, January 28, 2000
Publish: Tuesday, February 1, 2000
•
YAN & RYAN
ATTORNEYS AT LAW
A PROFESSIONAL ASSOCIATION
11891 U.S. HIGHWAY ONE, STE. 201
JAMES D. RYAN NORTH PALM BEACH, PHONE: 15611 691-1766
KELLIE KILLEBREW FLORIDA 33408 FAX: 1561 ) 691-1355
attorneyryanOmindspring.com
October 29, 1999
Village of Tequesta
Community Development Department, Plans Division
357 Tequesta Drive
Tequesta, Florida 33469
RE: Abandonment Application
Southern Extension of West 30' of Country Club
Drive R. O. W.
Ladies and Gentlemen:
Enclosed please find the drawings containing the revised legal description of the utility
easement requested by FPL and the legal description of the modified abandonment area as
required pursuant to your January 18, 2000 letter in completing the amended resolution.
If you have any further questions or need any additional information, please do not
hesitate to contact me.
Sincey"ely,
` ` James D. Ryan,-
RESOLUTION NO. -99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, VACATING
AND ABANDONING A CERTAIN 703.3' PORTION OF A THIRTY
FOOT RIGHT-OF-WAY, PLATTED AS TEQUESTA DRIVE AND
COMMONLY KNOWN AS COUNTRY CLUB DRIVE , ON THE PLAT
OF TEQUESTA, AS RECORDED IN PLAT BOOK 25, PAGE 8 ,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONDITIONED UPON THE RESERVATION AND DEDICATION OF
AN MULTI-PURPOSE PUBLIC UTILITY EASEMENT DESCRIBED
AS THE NORTH 580' OF THE WEST 10 . 00' AS MEASURED
ALONG THE LINES OF THE PARCEL TO BE ABANDONED .
WHEREAS, the owners of land abutting the property hereinafter
described have petitioned the Village to abandon and vacate a
certain 703 . 3' portion of the thirty foot (30' ) right-of-way,
platted as Tequesta Drive and commonly known as Country Club Drive,
on the Plat of Tequesta, as recorded in Plat Book 25, Page 8,
Public Records of Palm Beach County, Florida, described and as
shown on Exhibit "A" attached hereto; and
WHEREAS, all utilities using said easement have agreed to the
abandonment of said right-of-way in exchange for the reservation
and dedication of an alternate access and public utility easement
as described and as shown on Exhibit "B" attached hereto; and
WHEREAS, the said right-of-way has never been paved and is not
used by the general public and is not necessary for access to
abutting property owners; and
WHEREAS, the Village Council of the Village of Tequesta does
hereby find and determine that the necessity for the 703.3' portion
of the thirty-foot (30' ) right-of-way located on the following
described property does not serve any public purpose and is not
necessary for public use;
NOW, THEREFORE , BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS :
That the certain 703 . 3' portion of the thirty foot (30' )
right-of-way platted as Tequesta Drive and commonly known as
Country Club Drive, as shown on the Plat of Tequesta as recorded in
Plat Book 25, pages 7-16 of the Public Records of Palm Beach
County, Florida, being more particularly described as follows, to
wit :
Bounded on the South by the Westerly prolongation of the
Southerly line of Tequesta Drive as shown on said plat of
Tequesta; bounded on the West by the Westerly line of
Tequesta Drive as shown on the Plat of Tequesta; bounded
on the North by the Westerly prolongation of the
Southerly right-of-way line of Tequesta Drive as shown on
the Plat of Bayview Terrace as recorded in Plat Book 51,
Pages 86 and 87 of the Public Records of Palm Beach
County, Florida; bounded on the East by the Easterly line
of Sections 26 and 35, Township 40 South, Range 42 East.
be and the same, is hereby vacated and abandoned. Said
abandonment is conditioned upon and subject to the reservation
and dedication of a public utility easement located over the
above referenced property. Said easement is more particularly
described as follows :
The North 580' of the west 10 . 00' as measured along the
lines of the abandoned parcel described herein.
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 10th day of February, A.D. , 2000.
MAYOR OF TEQUESTA
ATTEST: Carl C. Hansen
Joann Manganiello
Village Clerk
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PHONE(561)040-4800 PHONE(BOO)226-4807
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v LeTNumaEF 8� F d `3 PLAT BOOK 25, PAGES 7-16 OF THE PUBLIC
F a a- RECORDS OF PALM BEACH COUNTY, FLORIDA,
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3 0 W \ Coin.-r TEQUESTA DRIVE AS SHOWN ON THE PLAT OF
BAYVIEW TERRACE AS
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d0 � t. 87 OF THE PUBLIC RECORDS OF PALM BEACH
NC7� COUNTY, FLORIDA; BOUNDED ON THE EAST BY
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SIGNED' West Palm Beach, FL 33409-6443 STATEWIDE NUMBERS
CLYD .McNEA PHONE 561 640-4800 PHONE (800)226-4807
PROFESSION URVEYOR AND MAPPER ( )
FLORIDA CERT ICATE NO.2883 FACSIMILE(561)640-0576 FACSIMILE(800) 741-0576