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HomeMy WebLinkAboutResolution_28-99/00_01/13/2000• 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, FOR POSTPONEMENT OF RESTORATION OF THE CURB CUT TO IT'S ORIGINAL CONDITION AT 195 TEQUESTA DRIVE 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. MAYOF~, O ~ EQUES A rl Ha sen • ATTEST 0 Joann Mangani llo Village Clerk Nmh\Word\MyDOCUments\Resolutions\28-99-00 LJ THIS AGREEMENT made the day of January 2000, by and between FIRST UNION NATIONAL BANK, as trustee under L.'I'. 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"). WITNE33ETS: 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 i 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). ~ ~ • 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 entire 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 v:(lg e.v~a, a e r , Trust Officer • 0I/87/2800 15:51 561-575-6239 91l87/21<B~ 13:16 561-575-4654 _ -• ~.- - VAN C~ TEQCESTA • A E~IIBIT A PACE B4 F'Flut l7L LEC A~ DESCR R ~T ! CAN . A PARC OF L40 SLUl3TMg RAND E ~3~EAjSY~sPAL1t ~IEACHC~~Y, ON 30. TOSH 1 P Fl.QR 1 pA. BE 1 NB MORE PARY t CUk.AR4Y t~SCR {RED. AS FT 0 NAY L i tVE C4MMENG t NG AT T7~ t HiTERSt:CT f tN~l OF THE EAST R i 8N pF Oi.D d i X'tE K 1 GHMp ftYE AS REGOQRDED i N I~F t~ 1 ~fw ~C~ BOQK L i NE C1F TEQUESTA Q . NDR~ COUNTY. OF PALM 'M R f 8HT-t?F-NAY 00.9. PABE i26~1. ~~~4~~®EE~ALOIW; SA I Dom. SAID NCIATH FIDAIDA; THENCE LINE 36.28 FEET: THENCE N6T•32' i5' E. R 1 H~-~-wAY L 1 NE 4~8+. 6i ~~L~~ S~11ID f~R~GtIT~ rt ~ Y TH~NCE Ct)r~rT r NUE N~f7' ' ~5' FEET TQ '~ PD 1 t1F CtAtYATUAE ~' A THta+ICr: ~„ l NE. i i. B4 HAV r N8 A fiAD 1 l~ t~ ~• 00 CDNCAVE TO 'flil: S01jTH. EASTt:RLY. ALONG S f D CURVH~ THpQU6N A CENT t. AN~-E ~. q0• !~' . 39.09 t=E1=T R~GOiU1E N 1 ~PLIGIT {BOOK 1 9. TRAG~S 93~97~ pF TE©tlEST11 QAKS _ AS • Pl~l I C~ RECORDS I!~ PALM MACH GOLMITY~ FLdR tqA. N22' Sd 08 K At_ONG SA { Q NEST L r NE. 206.8 Fk~T: THENCE S8?~ 38` 15.11 A9.74 Ft~~ '~t`WCE S'Z' ~'A' ~~` E• 205.00 FEET TO THE POfNT ~ 8E61NNIN6. • AGREEMENT THIS AGREEMENT made the day of January 2000, by and between FIRST UNION NATIONAL BANK, as trustee under L.'I'. 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). ~ ~ THIS AGREEMENT made the day of January 2000, by and between FIRST UNION NATIONAL BANK, as trustee under L.'I'. 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). ~ ~ • 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 entire 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 political subdivision of the State of Florida First Union National Bank, as trustee of L.T. No. 400 dated June 16, 1983. By~i~~~ ~ ~ u-~-~ By it's v;li4~ v-~ v~SQ..- , Trust Officer • 01/07/2800 15:51 561-575-6239 01/7/2000 i3:16 561-575-4654 A ~V~I~L [~ TEQIIESTA EXHIBIT A PAGE 04 r~ ns LECAh DESCRI~Tl~N A PARCEL OF lAP1Q LY t N6 RA~Ea3~~~ESpw~A~~~~H~pt NTY. ~ 5p~ TOWNSHIP 40 50UTH. FLpRipA, BEING MORE PARYICULARLY DESCRIBED A3 FTLgFNNAY t,INE COMMENCING AT THE INTERSirCTIOM OF THE EAST REGN OF OI.D D 1 X'1 E H 1 GHNA I YE A8 RECpT ~~ HN aFF iIC 1 MIARECO~ BODK LINE qF TEpUES7A DR 6018. PAGE 1261. PUBi. I C gECO S OF PALM ~ COUMtY. ~ • A ' E. ALONG 8A I D 'I'H R I ~T-TK MAY ' FLQRIDA' THENCE 367 84 8 LINE 36. B!j FEET'. TdlB~. 6iMFEET2T0 T~ PLO 1~NT DF 1 BEG I~ABI lNt3: g1GH~-OF-wAY L YHENCE CUNTIFEETNTU THE~P11 NTAQF~CURAYATU~ OF AIC~UpKOEF^ t1NE, ~:. e4 _ FEET. TNENGE COI~AYE TO THE S~7M. HAV 1 N13 A AAD I US 0~ 3~6• t70 E~STERL~. A90 ~ FE~~ T~GYH~ IN?OERSEC~ION KtYH THEREBY 41NE PAGE5 93-97. $d0'l+t 3 THENCE OF fiEOUEST A DAKS AS RECOF~ED I N PLAT 800K 79• THENCI± ' PURL 1 C RECi~ROS 0~ PAIM BEACH CDUNTY~ FLOR IO ~ r M Pt22 5d 08 N. ALONG 3A 10~ NES~T~„~L ~2~?~4; 4~" ~~ 205. 04 FEET TO ' 587.32' i5.1i. a9. yo FEET. THE POINT OF BEGINNING. • • • ~~ M E M O R A N D U M x, , To: Scott D. Ladd, Director of Community Development From: Thomas G. Bradford, Village Manager j ~~y, Date: February 22, 2000 _/ Subject: Agreement Between First Union National Bank (Dorner Trust) and Tequesta ` This is in furtherance of my letter dated January 25, 2000, to Gary Van Brock regarding the above-referenced subject. Attached hereto, please find a copy of the fully executed and dated Agreement between the Village and First Union National Bank relative to that piece of land lying between the former Alex Webster's Restaurant and McCarthy's Restaurant. Since the Village has now received the fully executed original of the Agreement, you are hereby notified that the Department of Community Development may process any existing or forthcoming permit which has been or will be requested for the property in question in order to effectuate the obligations of First Union under the Agreement. These obligations include, but are not limited to, the installation of a living hedge from the western property line to the eastern property line at the southern border of the property in question along with an automated irrigation system. Should you have questions relative to this permit issuance authorization, please contact me. C: Gary Van Brack Kara Irwin, Village Planner w/attachment TGB/mmt Corel\MyFiles\Manager\Ladd memo re Agreement First Union Bank Dorner Trust 2-22-00 • VCICYC ~NOCf? ~O~Z~tNGLCtlOi2 ~O~'i'l G1CYlu ~ ~ O 150 N. U.S. HIGHWAY ONE, SUITE 5 TEQUESTA, FLORIDA 33469 TEL.: (561) 743-6760 FAX: (561) 575-4654 February 17, 2000 Mr. Thomas Bradford Village Manager Village of Tequesta 357 Tequesta Drive Tequesta, FL 33469 Re: Curb Cut/Driveway 195 Tequesta Drive Village ~~'~e~u. F E B 1 7 2000 Village Manager's Uffice Dear Tom: • Attached please find the "Agreement", concerning the above subject property, which has been executed by First Union N.B. as Trustee U/T 400. Vey truly yours, an Brock GVB:sm Enclosure • • AGREEMENT THIS AGREEMENT made the 30 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 proce~~s 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 cor,.dition, 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). ~ ~ • 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 entire 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 ~~ill 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 political subdivision of the State of Florida First Union National Bank, as trustee of L.T. No. 400 dated June 16, 1983. it' s t~~lh, e.v-~a a e r °~~~ F?pr~;~~.~ , Trust Officer 01/07/2000 15:51 561-575-6239 81/87/2800 13:16 561-575-4654 A VILLAGE ~ TE(aIIESTA VAN HRgt~C EXHIBIT A ~ . PAGE 04 F'Fllt l76 LOCAL DESCR 1 P`~ I ~~ - A PARCEL OF LAND LY tN6 RAN #E d3~ASY~sPALM DE~H~~tY~ ~!1 ~o. TOWNSHIP 4o svuTn, - - FLQR 1 pA, BE 1 NG MORE PART I C1A..Ag4Y DESCR t DED AS F~ QF-1iAY t. l 1~{E COMMENClNO AT THE INTERSECTION OF THE EAST R1GN pF OI.D D { X'1 E K 1 GHMAYI ANASO~F~OT ED i N OFFII C 1 ALARECORD BODKµ ~1NE pF TEQUESTA pRtYE . SdiB. PAGE 126'x• 56~34CAEEEV ALONti 9A 11 D N~~ RO~TY~F-NAY FLORIDA. THENCE . ALONG 5A1D NTH LINE 36. ZB FEE?: THENCE N67 32' iS' E q 1 GHQ-~ -wAY L 1 NENb7~ 3~' ! 5' ~ E~LT~O6 ~ t p INpgTHR 1 ~py~ 1 ~ Y • .THENCE CONTINUE L1NE, ii. B4 FEE7 Tq THE Pg1NT QF CURVATURE DF A FEET: THENCE CONCAVE Td THE B~TH. HAV 1 NO A pAp 1 UA C~EN7~AI.~ANt3LE ~ EASTERL.r. ALdIN3 S f D CURVE. THi1OU6N - 5• dQ' i+I" . 39. D9 1=EET T4 THE 1 NTERSECT 1 ON !d 1 TN RAGS 93i»97~ . OF TEOUE5T~1 QAKS AS qE~~~N C t~~ATFL~gA9~ THENCE PUBLIC RECORDS Q~ PALM THENCE N22~ 54' OQ" M. ALONG SA 1 D~ MEST L 1 NE. 2O~ 4~" E~205. <3D FEET TO ' THE PO I Nl5'+ 0~ BEG 1 NN 1 N~6~~ THENCE 522 ~ ' . •