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Home My WebLink AboutOrdinance_342_12/09/1986• • ORDINANCE N0. 342 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA. WHEREAS, pursuant to Subsection 29 of Section 4.02 of Article IV of the Charter of the Village of Tequesta and Chapter 171, Florida Statutes, the Village Council may annex any lands adjoining the territorial boundaries of said municipal- ity and lying with the "natural boundaries" of said municipality upon the petition of the owner or owners thereof; and WHEREAS, David H. Tunick and Sylvia Tunick, his wife, s the owners of a certain parcel of land situated in Palm Beach County, Florida, have filed a petition with the Village Council requesting that the land described therein be annexed to the territorial limits of the Village of Tequesta, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows: Section 1. That the parcel of land owned by David H. Tunick and Sylvia Tunick, his wife, and more particularly described as follows: SEE ATTACHED • is hereby annexed and incorporated into the Village of Tequesta, Florida with the same force and effect as though same had original- ly been incorporated into the territorial boundaries thereof. Said property shall be annexed with a zoning classification of C-2, General Commercial District, with a land use pursuant to the Village Comprehensive Plan of "commercial". Section 2. The parcel of land herein described shall be subject to all of the ordinances, regulations and codes of the Village of Tequesta. Section 3. That this ordinance shall take effect upon its approval and passage as provided by law. • • • THE FOREGOING ORDINANCE was offered by Councilmember Jill K. Gemino who moved its adoption. The Ordinance ,was seconded by Councilmember Ron Mackail and upon being put to a vote, the vote was as follows: FOR ADOPTION Carlton D. Stoddard Edward C. Howell Edwin J. Nelson Ron Mackail Jill K. Gemino AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 9th day of December ,A.D., 1986. MAYOR OF TEQUESTA V ~/ ' Carlton D. Stoddard • ATTEST; Villaae~lerk ~, _ .. .. E!{FiIBIT A LDGAL D~'SQtIPTICX~1 That certain real property lying, situate and being in Palm Beach County, Florida to wit: North 150 feet of the South 450 feet of OCIVERNMENT IAT 1, Section 30, Zbwnship 40 South, Range 43 East, lying West of State Road No. 5, less that certain part thereof described as follows: BF7GIN at the point of intersection of the South Line of the above described tract, and the Westerly Right-of -Way line of U.S. Highway 1 (formerly State Road No. 5) being the Southeast corner of the above described tract; run thence Westerly along the South line of said tract, a distance of 150 feet .to a stake; thence, Northerly and parallel with the West Right-of-inlay line of said U.S. Highway No. 1, a distance of 104.75 feet to a stake; thence Easterly, parallel to said South Line of said tract, a distance of 150 feet to a stake in the Westerly Right-of-Way Line of said U.S. Highway No. 1; thence Southerly along said Westerly Right-of~ay line of said U.S. Highway No. 1, a distance of 109.75 feet to the POINT OF BDGINNIl4G. ;. ~~t";~~, • • \~ r{1 J ~ r !• I/ I ~ r -;, :mo`d' w w : ~ w e ,r, f- a ~ ~ ~ n V y sr a .r Y ~~1 ' ~xw .. w M Y A f A '/ f/ M Y {. If r{ r{ f J J1 Il J/ Jf JJ rl ~G Jl 1/ t ro Jf Jr . n .r n Ji ~ w w it 'f /I 1J J~A 1J aaac r fYIMr.I. ., cwvrc. °~ J /J n \ i v M .r `d e• a i it N J1 J. ^ ~~ ' aac Jr y 1/ n • ~ n rr w fl Jr u ~ w e r " JiauJ wnt r n r r u c• eu • r {I r w r arcu n / ~ n a w o N Ir w n 1 / r :B n arse urtw Or{Cll n n n ~ rrtlrr ~ .... 1~ JJl ~. J YJ J; ` ~n . n n • n 1>0 ^ J!Y ~ err I x JJ "N Jx )p x N f ~ 1 IiJC[T N r ~ > xJ z i v x Jr . Z f Ml ~ 1 In 'r )U L JU x/ ~ ~ JI/ H AO 0 JY f fi .e~x 1'I f r r r Jr ~ ~ lJ ~ ~r ~ J~f JY 7 Inlx u 1f1 a p y: JJ J Ji f Ml J V' I ~~ I e~ f J,. If C -2 .,. r~ J ~_I,/ f / { 11 JJJ JIr M •pJ0 ~I IN )A J/r 1 f . { ~ { r 1f m Ju J.J • • .. y ~ .. , ~ ~~~ r~~~~' 1 _~: r~~. c-~--t,. C~2 J ~ '"~` fAt \ ~rJ, 1 I~. ~• ' 1 r X11 fr r u 1• IJr i\ .\ 1 \~ .. 1 1 \ ~' \ 1 .( ~r \ _ . ~` 1 ~.. o i ' ~ \1 ` \ A . c ~` \~ '~~I s + ~~ N n ~ ~\ 1 ~~ ._.. _. .. 1 . ~ \ 1 2 i 1`, z _ ~ ~ C ~ ` < (~ 7 C2 ~ ~ ~ R2_~ ~- s C -2 _' s S ~ ~ ~ 111106[ 110x0 r' V ^ • • _ •ua:aaatataaaataa~ • PETITION FOR ANNEXATION TU: Village Council Village of Tequesta, Florida P. 0. Box 3273 Tequesta, Florida •33469 Gentlemen: 711E UNDERSIGNED, being the owners of the following premises located at the West side of U.S. Iii hwa No. 1 ~ situate, lying and being in Palm Beac}~ County, on a, and described as follows: (Enter full legal description. Attach additional page if necessary) SEE ATTACHED PAGE hereby respectfully request that said property, which is contiguous to the territorial limits of the Village of Tequesta, Florida, be annexed to and included within the territorial limits of the Village of Tequesta, and that said property be zoned C-2 +: zoning classification and a land use classification of C- The undersigned further certify that they ,are the only owners of said property. Dated this o1!>/~ day of October , 198 6 M r 1 DaVl :1 • 'I'UiLlC~ . ((/// ~ Syl ~~ick, 's wife I/ Witness J (~9. ~ tness ACKNO-VLEDGEMENT sTnrE of czzcvr County of ~Al,~~;~y~ d BF.fORE h1E, personally appeared David H. Tunidc and •, Sylvia 'i'imi do to me known to be the persons descfibed in and wlio executed tt~e foregoing instrument, and why acknowledged to me that t}-ey executed ' the instrument for the purposes t}i,erein expressed. h1y Commission Ex~,~~es: Judith Swa n t`laary Public .' '!v Commas-w~i ~':pires March 31, 1990 otary I'ubl is t JOHNSTON, SASSER, RANDOLPH & WEAVER ATTORNEYS AND COUNSELORS AT LAW 310 OKEEC HOBEE BOULEVARD HARRY A. JOHNSTON II WEST PALM BEACH, FLORIDA 33402 DONALD J. SASSER JOHN C. RANDOLPH P. O. BOX M H. ADAMS WEAVER ANN MARIE G. REZZONICO JOYCE A. CON WAY ~ BOARD CERTIFIED MARITAL S FAMILY LAWYER November 7, 1986 Mr. Thomas G. Bradford Village Manager Village of Tequesta P. O. Box 3273 Tequesta, FL 33458 Re: Tunick Annexation Dear Tom: HENRY F. LILIENTHAL 1902 - 1982 HARRY ALLISON JONNSTON IB 95-1983 (305) 655-0108 Enclosed is a proposed ordinance for annexation to be considered M by the Council for first reading at the November 13 Council meeting. I would suggest that you get this ordinance to The Courier for purposes of advertising on November 14. If the ordinance does not pass at the November 13 meeting, perhaps the ad can be pulled or we will simply not go ahead with the subsequent advertising. As you know, this must be published once each week for four consecutive weeks. After it has been published as required we will present the ordinance for second reading. Very truly yours, 'JOHN C. RANDOLPH JCR/lw Enclosure cc: Scott Ladd VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (305) 746-7457 MEMORANDUM: T0: Scott Ladd, Building Official Gene Caputo, Village Planning & Zoning Consultant Bob Diamond, Executive Vice President, Cornelius, Johnson & Clark Inc FROM: RE: DATE: /mk Bill C. Kascavelis, Finance Director/Village Clerk Ordinance Nos. 341 and 342 December 18, 1986 Enclosed are copies of the above noted Ordinances. Encls. 00MACT FUR SUZ AND PURCHRSE THIS AGREMM, made and entered into this 14th day of April, 1987, by and betimen DAVID H. TUNICK and SYLVIA Tua=, his wife, having an address at Brooks Drive, Greenwich, Connecticut, 06830, (hereinafter called "Seller") and P.L.M. PAOPERrIES, INOOMMATED, a Florida corporation, having an address at 1675 Palm Beach Ickes Boulevard, Pbrua III, Suite 1010, West Palm Beach, Florida, 33401, or its assigns (hereinafter called "Buyer"). N I T NN $ S. S E T H: 1. _ Preamble. Pbr TEN ($10.00) DCUMS and other valuable consideration in hand paid by Buyer to Seller, the Seller hereby covenants and agrees to sell and the Purchaser hereby covenants and agrees to purchase the following described real property, together with any buildings and improvesoents thereon situate, 'lying and being in Palm Beach County, Florida, more particularly described in Exhibit "Pi" hereto and approximately depicted by red cross hatching on Exhibit "B" hereto; containing approximately 2.6 +/- acres of land, such lands are hereinafter cmllled the "Subject Premises". The Subject Premises shall be further described after re -survey thereof to be provided by Seller at Seller's ecpe M within thirty (30) days from the date hereof. 2. Purchase Price. The purcnase price of the Subject Premises is MX HUNDRED =7rTwumw AND Nq/100 ($664,000.00) DOEJM, the purchase price shall be paid as follows: a) TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS by way of a plain check as a good faith deposit (the 'Deposit") which, simultaneously with the execution hereof by Buyer, has been paid to Seller. Unless Buyer shall elect to terminate this Contract.as provided herein or in Section 7 hereof, the Deposit and all further additions thereto.as provided in Section 3 hereof, shall be applied against the payment of the purchase price at closing. Seller acknowledges that its counsel Harold S. Bofshever, under a prior contract of purchase, examined title to the Premises and determined that Seller has good title to the Premises. b) The balance of the purchase price• or such greater or lessor amount to complete the payment of the purchase price after credits, deductions, proration and the Deposit shall be paid to Seller in U.B. currency or by bank wire transfer. 3. CLos�. The closing of title shall take •place on Jtme 15. 1987 at 11:00 a.m., at the ;2 ices of euy�er's attorney, located at 1975 Bast Sunrise Boulevard, Suite 800, port Lauderdale, Florida 33304, or at such other time .and.plaoe as the parties hereto may hereafter agree in writing. Time is of the essence. 4. Items to be. Delivered at CLosinal. a) Buyer and/or Macrowe shall deliver the following . items to Seller at closing: ( i ) The balance of the purchase puce. (iii) Such other instruments as may be reasonably required by, seller's counsel. any, obtained by Seller prior to the closing liate. wired by Buyer's (iv) Such other instruments as may be reasonably required counsel. 5•of Closing,..At or prior to the closing, the following expenses lbe paid: a) The Seller shall pay the cost of recording any corrective instr�ts" the cost the title insurance oommitment and the premiun for the Owner Insurance policy referred to in Section 7 hereof, state documentary stamps -required to be affixed to the Warranty Deed, and the costs of preparing those instruments to be delivered by Seller under Section 4 hereof. he b) The Buyer shall pay the costs of recording the Warranty Deed and d to in Section 4 hereof to cost of obtaining or preparing arose instruments refrshhaall Pay the costs of obtaining be delivered by Buyer to Seller at closing. Buyer :asy be mined by and closing in regard to all institutional near mortgagm Buyer • after the date hereof. Huy'ar's 6. Bvideroe of Title. Within thirty (30) days seller's attorneR) a attorney d 1 del vac to Buyer (with a copy thereof toattachedons veto• oaneitmant with copies of all instruments noted satisfactory touy Ber's issued by a reputable title insurancepblicy to be issued thereon awl be an attorney, indicating that the Title Insurance nose deleted except for real Ai.'1R Form 8 (latest revisiyearon) d re not the closing which a�r d„e and payable] and �ba poi staxes t:a 1 aura that the title to the Subject promises is good. te e• insurable and subject only to: at zssesents, covens not, in some awbst Move way, maintenance of a aNsc arcial premises prevent center its and restrictions of record provided that same shall r the construction, use' °OC�'Y and present on Beater) on the Subject �elepsent (the Shopping b) Zoning and/or restrictions and matters appearing on to the subdivision,�� that mace do not, in same use, occupancy and maintenance the plat 804/a substantive WRY, of the Stopping or ].pair the Dons an the Subject premises: c) public utility easements of record idied that said eesssnts are j Located an the side ar rear lines of the Subject dI Ad lersa real estate taxes for the year in which the closing ) take place f •) Any state of 'facts that reyeal, provided that such state of yninsrncable as herein providedr oc an accurate survey of the Subject pre•dsoo w00 factsshall not render title gawrketable a indicate an.. encroachment ar easement substanive way. prevent or impair th Subject premises which would, in .garscenter- sell xitruct ica, use, oocupanc.Y cr .Lt... �e4D of the Ong title seater Ong, title chains an Ballet shall pay the coat of all • s Title Insurance prsdua but Salle title insurance casmit:aent fees and fee Owner title �nranoe pr�� and the lii shall not be responsible t:sent fees• es attorney cat a able f ��i�uranoe policy. �7lat promises a� t) in to any EDrtgWJW title to the Subject agentforthe title insuranceinsurancePolicydull not exceed $1�500.00 ir cost of the acsisit�se�crt and the titlejar closing. Subject Premises, then the Buyer shall have ten (10) days from the date of receipt of said commitment or continuation to notify the seller in writing of any such defects. If said defects render title unmarketable or uninsurable, or would, in some substantive way, prevent or impair the construction, use, o vupancy or maintenance of the Shopping Center on the subject Premises, then Seller shall have ninety (90) days from receipt of such notice to cure the defects, and if after said period Seller shall not have cured the defects, Buyer shall have the option of (a) accepting title as it then is, or (b) receiving a refund of the Deposit, which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released from any and all obligations to each other hereunder. Notwithstanding the foregoing, in the event said commitment or any continuation thereof reveals liens or encumbrances in a fixed or ascertainable amount which can be cured by the payment of a sum of money,, then the Buyer shall have the right to pay any such amounts and the purchase price payable to Seller shall be reduced accordingly. Seller shall have the right to contest such claims and bond such claims for title insurance purposes.. 7. Proration and AssessmnenI Proration of ad valorem real estate taxes affecting the Subject Premises shall be based upon the current year's taxes with due allowance being made for the maximum allowable discounts for said year. If the closing occurs on a date when the aid valorem real estate taxes for the year of closing have not been fixed, then such proraton shall be made using said real estate taxes that were payable for the immediately preceding year with a readjustment and reproration thereof to take place subsequent to the closing upon the fining and establishment of the ad valorem real estate taxes for the year of closing. in the event there shall be on dW3Wte of the closing any certified, confirmed and ratified special assessment liens which are doe and payable, then the same shall be paid in full by the Seller at the closing. Any such liens which shall be certified, confirmed and ratified and payable after the closing date shall be awned by the Buyer. S. Possession. Seller hereby counts and agrees that upon the closing of title, the Subject Premises shall not be subject to any written or oral leases, or =Wancy agreements, or rights of any parties in possession and that title to the property small be convir;-ed to ewer free and clear of the foregoing. 9. Hatry prior to Closing. Seller hereby grants to Buyer, its officers, employees and independent contractors, the right and privilege to enter Capon °�� ors or cause to be the Subject Premises at any time after the stu�diesBuyer hereby agrees performed surveys, test borings and Other engineeringand liabilities far to defend, indemnify and save the Seller harmless from any claims result from or death or injury or damage to property that may, in whole or in part., its officers, be caused directly or indirectly �coatractors whicthe acts or h my ariseions Of as a result of the agents, employees and indeperncien to rights anted pursuant to this Section 10 and further covenants and agrees restore many and all da vage to the Subject Premises resulting from said waveyst test o t borings and engineering studies. If permitted by local authorit ies, &W shall the right prior to the closing of title, to erect signs advertising Center on the Subject Premises. 10. Aesnits of REM . - in. _ further .. consideration of the cvvennants sad agreements herein contained, Buyer agrees to turn over to Seller theta �r results Of MY and all surveys, test borings, engineering tests and all engineering may cause to be anode or prepared with respect to the Subject Premisesl, in the event for any reason (comer than Seller's default) the closing of title. shall sot take plsce • 11. Haf sent tori=. In the event Seller receives . any notice of any condemn on�sor Other proceedings in the nature of eminent domain, the nn the event of a goNern�mental moratorium ayr affecting the delopmen - . - - ..._ - - _ , - . -4:. W'h .,,tuna to euver and Escrows • If all W about the transaction contemplated by this agreement and they each agree to defend, indemnify and hold the other hptrmless frog any claim of any other broker for oammissions relating to this transaction. hereby agrees to be bound by the provisions hereof relating to the establi of escrows., however, the Hmcrowee shall not be responsible for the gee any ed by signature or certificate and my rely conclusively upon and shall othercheck cc acting upon any notice. affidavit, request, consent, signed or presented instrument believed by him in good faith to be genuine or sty hsi ned r asses for by a proper party. The HKXcWe shall have nor no additional duties shall be the perfoamanoe of its sWessed duties heror waiver inferred or implied hereby. ND avendment or fication of this unless t written of the terms hereof shall effect the me � �� Am" � be liable or consent thereto shall have first of its duties unadeac this responsible for any act or an in the performance ct wept as such or omission constitutes bed faith, gross ns9ligsn o Contract, sputeshareander, the �scro MS in its discr*4008 smy i ►� be event as y� esc�c=I into the Circuit Oourt of frca� so doing shall be released and dischargOd doll be liabiCObOMMli hereunder Inand l the edam Of such in�eaderI, dispute en to a reasonable attorneys fee and costs from the party losing the the peried of tim 14. Default . If the Hnper fail to close �°within ted danges In full specified, the Deposit say be retained by mom � be liabLa thesettl,emen►t of any claims aocoept that �r towts and continaat� i in customary costs of title searches, title con+si of correction with this transaction. rherauipon all P f� � its all obligations hereunder• I* ealLer �' sPecaf4d% ects CC or aLs thenion with any wet of on receive a return Of the DeposOns it• d i s oa • this Contract, the POY shn�ll eotitLaLsvrtli • �ydiro z,� wnibLe attoeMY's fees at the trial and acoel]a� *other than due to Sellers failure to cure defects paragraph 7. 15. MVOa�l�• on title in accordance with r�e00�� • a) Mis Contract shall not be recorded in any P�� ftcth �� for b) !Marginal section heedinags of this construe � give any p�i�t Convenience and shall not be relied upon tall the arutsc gendr =WdAg to the sections to rtsic� Y ps�n fasinina j all sefea:seoas to the aing" shall likewise e a the ine cc aw ►Y be. shall lilasrias ied �,b c) %is Contract represents the entire mtt bet�rD notWf as with rsspec•t m the subject settee; lsenreoand by 11 oaf the Parma hscebo. unless by my of a written agreement soscut�sd by stall be 9W41MG d) ghis Contract and low��o �� obOf ligations . and construed in �� bV th e) Any notice referred to in �s Cootr��f a1, s maces; parties hereto, shall be is writs anparties d � addressee .first above Witt ftir cc otherrej with such addressed as � may dms'9Mts in vritioq free t%inms to time. copy thereof to the Mrcroiise• times be free: fI &is Contract and Buyer's rights hetro� shell at at all r DAVID H. TUNICK 8,nr /_iLA P.L.M. PROPERTIffi, INC. G � By. J c Mark Pantlin - President W EXHIBIT A That certain real property lying, situate and being in Palm Beach County, Florida to wits North 150 feet of the South 450 feet of ODVEMOR T Wr 1, Section 30, Tumship 40 South, Range 43 East, lying West of State road No. 5, less that certain part thereof described as follows: BOGIN at the point of intersection of the South Line of the above described tract, and the Westerly Right -of -Way line of U.S. Highway 1 (formerly State Road No. 5) being the thenceSoutheast orner South of the above described tracts run thence Westerly along line of said tract, a distance of 150 feet to a stake; thence, Northerly and parallel with the West Right -of -Way line of said U.S. Highway No. 1, a distance of 104.75 feet to a stake; thence Easterly, parallel to said South Line of said tract, a distance of 150 feet to a stake in the Westerly Right -of -Way Line of said U.S. Highway No. 1; thence Southerly along said Westerly Right -of -Way line of said U.S. Highway No. 1, a distance of 104.75 feet to the POINT CEP BBGUMM. n s, w o.R.4444 1/ 1 fib 0 P6.aoo 4 ..0.4L8s t M �iL'L6L Z pf+•t• � N 4 Gsr L'Z, ' .so �. • � � � Zy `y � �1 rep loot. 0.4 yes L ~ M �� WisN ,ypp y, uans ,q sdv6 tB � —0, SOi/TN _ Liwit• .�____.. �3 N� 7G c'v,p tt' j0 �6 -