HomeMy WebLinkAboutResolution_45-04/05_03/10/2005•
RESOLUTION NO. 45-04/05
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A BILL OF SALE FOR IMPROVEMENTS AND A
QUIT-CLAIM DEED FOR PROPERTY AS PART OF THE
CYPRESS DRIVE DRAINAGE IMPROVEMENTS PROJECT,
RECEIVING THE IMPROVEMENTS AND REAL PROPERTY
FROM THE NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT.
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WHEREAS, the Village entered into an Interlocal Agreement with the Northern
Palm Breach County Improvement District to jointly undertake drainage
improvements to the area in the vicinity of Cypress Drive, also known as Northern's
Unit of Development No. 36; and
improvements and desires to convey those improvements and properties to the
Village; and
WHEREAS, Northern installed certain improvements and acquired certain real
property within the boundaries of the Village to accomplish the drainage
WHEREAS, the Village wishes to accept the improvements as specified in the Bill of
Sale attached as "Exhibit 1" and the real property as specified in the Quit-Claim
Deed attached as "Exhibit 2."
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: The Bill of Sale to the Village of Tequesta from the Northern Palm Beach
County Improvement District of a portion of the stormwater collection and transmission
system as further described in "Exhibit 1" dated February 25, 2004 and attached hereto is
hereby approved and the Mayor is authorized to accept the improvements on behalf of the
Village of Tequesta.
Section 2: The Quit-Claim Deed to the Village of Tequesta from the Northern Palm
Beach County Improvement District of a strip of land of approximately 1.04 acres,
immediately adjacent to the western boundary of the Florida East Coast Railway right-of-
way and further described in "Exhibit 2" dated February 25, 2004 and attached hereto is
hereby approved and the Mayor is authorized to accept the parcel on behalf of the Village
of Tequesta.
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THE FOREGOING RESOLUTION WAS OFFERED BY Vice Mayor Watkins, who
moved its adoption. The motion was seconded by Councilmember Genco, and upon
being put to vote, the vote was as follows:
FOR ADOPTION
Jim Humpage
Pat Watkins
Geraldine A. Genco
Edward D. Resnik
Tom Paterno
n
U
The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of
March, 2005 A.D.
AGAINST ADOPTION
ATTEST:
~~
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Gwen Carlisle, Village Clerk
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NAME OF PROJECT:
Northern Patin Beach County Improvement District
Unit No. 36{Cypress Drive Drainage Improvements}
BILL OF SALE
TO
VILLAGE OF TEQUESTA
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KNOW ALL MEN BY THESE PRESENTS that Northern Palm Beach County Improvement
District, an independent special district of the State of Florida, 357 Hiatt Drive, Palm Beach Gardens,
Florida 33418 (hereinafter referred to as "NORTHERN"), for and in considerationofthe stunofOne
Dollar ($1.00) and other good and valuable considerations to it paid by the VILLAGE OF
TEQUESTA, a Florida municipal corporation, 250 Tequesta Drive, Tequesta, Florida 33469
(hereinafter referred to as "VILLAGE OF TEQUESTA"), the receipt of which is hereby
acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents
does hereby grant, bazgain, sell, transfer, set over and deliver unto VILLAGE OF TEQUESTA, its
successors and assigns, all those certain goods and chattels described as follows;
(See attached Exhibit "A")
TO HAVE AND TO HOLD the same unto VILLAGE OF TEQUESTA, its successors and
•
assigns forever.
And NORTHERN, for itself and its successors, hereby covenants to and with VILLAGE OF
TEQUESTA, its successors and assigns, that it is the lawful owner of the said goods and chattels,
that they are free from all liens and encumbrances, that is has good right to sell the same as aforesaid,
and that it will warrant and defend the same against the lawful claims and demands of all persons
whomsoever.
r 1N WITNESS~WHEREOF, NORTHERN has caused its name to be hereunto subscribed this
~~ ~~- day of c:_I' :j~-.~~.~ci,~,v , 2004.
[DISTRICT SEAL]
NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT
ATTEST:
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By:
'Neal Baz ui, Jr., Secre
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Hugo P. Unruh, President
CYPRESS DRIVE
36
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STATE OF FLORIDA
)ss:
COUNTY OF PALM BEACH )
Before me personally appeared HUGO P. UNRUH, the President of NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT, to me well known and known to me to be the
person described in and who executed the foregoing instrument, and acknowledged to and before me
that he executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid, this'- ~~ay of
--~ : ~;~,~ :i.t :.L.r~l..~l fii , 2004.
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2004.
Notary Public, State of Florida ~.
Print Name: ~}.~-~r - ~~,,, . ~-rd'1 fl c~ j~`f c"uc ~ ~7~/,
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ACCEPTED by the VILLAGE OF TEQUESTA this day of
VILLAGE OF TEQUESTA, a Florida
Municipal Corporation
By:
Mayor
{SEAL}
ATTEST:
City Clerk
U:WORTHERNIBII.LSALEl361B05 to Viliage of Tequesta.doc
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EXHIBIT "A"
Tequesta Bill of Sale Language
A portion of the stormwater collection and transmission system serving Unit of
Development No. 36, known as Cypress Drive and located within the limits of the
Village of Tequesta.
More particularly described as the 30" and larger diameter stormwater collection lines,
exfiltration trench, manholes and catch basins as shown on drawings prepared by
Kimley-Horn & associates, Inc. of Project 04421800, sheets 1-24. Particularly, Sheet 9
of 24, Stations 31 + 30 +/- to Stations 43 + 50 +/-, on the west side of the East Coast
Florida Railroad right-of--way.
•
Jo~rES
FOSTER
JOHNSTON
& STUBBS, P.A.
Attorneys and Counselors
Scott G. Hawkins, Esquire
Direct Dial: 561-650-0460
Direct Fax: 561-650-0436
E-Mail: shawkins@jones-foster.com
May 9, 2005
Gwen Carlisle
Village of Tequesta
P.O. Box 3273
Tequesta, Florida 33469
Flagler Center Tower, Suite 1 l00
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
Mailing Addre.r,r
Post Office Box 3475
West Palm Beach, Florida 3340?-3475
Re: Village of Tequesta/Palm Beach County Improvement District
Dear Gwen:
You may recall that several weeks ago, the Village Council approved receipt of certain
improvements developed by the Northern Palm Beach County Improvement District. In
this regard, a Quit Claim Deed was given by the District to the Village relative to the
• transfer of said improvements. This Quit Claim Deed was executed by the Mayor on
behalf of the Village on April 4, 2005.
The subject Quit Claim Deed has now been recorded at Official Record Book 18444,
Page 1299 through Page 1302 and a copy of the executed and recorded Quit Claim
Deed is enclosed. I am retaining the original and executed Quit Claim Deed in our files.
Please call me if you have any questions in this regard.
Very truly yours,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
gy Cc~~ ~ -.
Scott G. Hawkins
SGH:Io
Enclosure
N:\SGH\13153-1 \Itr\carlisle-003-sgh-05-09-05.doc
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This Instrument Prepared by
• and to be Returned to:
Kenneth W. Edwards, Esquire
CALDWELL & PACETTI LLP
P. O. Box 2775
Palm Beach, FL 33480-2775
CIR BIB lIJ~=1~~ Fhb 1'~`~
kECGkDED 04/19!200°~ 16:02:9
Palm Beach County, Flar~ida
A?IT 10.00
I~ac Stamp @. 70
Sharon k. Back. CLEk1- is GGTfPTRGLLEfti
Pgs 1299 - 1302, t4pgs}
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED is made this ."~_~~day of =~~r~ ~~~ 2004, by
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, an indep ndent special
district of the State of Florida, whose street address is 357 Hiatt Drive, Palm Beach Gardens, Florida
33418, (hereinafter referred to as !'Grantor ") to the VILLAGE OF TEQUESTA, a Florida
municipal corporation, whose street address is 250 Tequesta Drive, Tequesta, Florida 33469,
(hereinafter referred to as the "Grantee "). (Wherever used herein, the terms `'Grantor `~ and
"Grantee" shall include the parties to this instrument and their respective heirs, legal representatives,
successors and assigns.)
WITNESSETH:
• That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations, the receipt of which is hereby acknowledged, does hereby remise, release
and quit-claim unto the Grantee forever, all the right, title, interest, claim and demand which Grantor
has in and to the following real property (the ~' Real Property"), namely:
[See Attached Exhibit'' A`'
Provided, however, the Grantor's conveyance of the Real Property is subject to all
easements, restrictions and reservations of record without reimposing the same.
TG HAVE AND TO HOLD the same together with all and singular the appurterar~ces
thereunto belonging or in anywise appertaining and all the estate, right, interest, lien, equity and
claim whatsoever of the Grantor, either in law or equity, to the proper use, benefit and behoof of the
Grantee forever.
The Grantor' s conveyance of the Real Property is being given without any statutory, express
or implied warranties of any nature whatsoever and that the acceptance of the Real Property by the
Grantee shall be without recourse as to the Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name,
and its seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year
first above written.
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CYPRESS DRIVE
36
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Signed, sealed and delivered
in presence o£
.~a~~l~lacl~~~4 ,
Signature
ri Nam
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Signature
s~~V~.l 4c.. C~~o~
Print Name
•
{SEAL}
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT, an
independent special district of the State
of Florida
$ S
Hugo ,Unruh, President
ATTEST:
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By: ~.
'Neal B in, Jr., Secr ry
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared HUGO P. UNRUH and O'NEAL
BARDIN, JR., well known to me to be the President and Secretary respectively of NORTHERN
PALM BEACH COUNTY IMPROVEMENT DISTRICT, named as Grantor in the foregoing deed,
and that they severally acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in them by said District and that the seal
affixed thereto is the true seal of said entity.
~ LViTNESS may nand and official seal in the County and State aforesaid, ±his ~~ - day of
2004.
{NOTARY
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Ss~•, Inc
Notary Public
Commission No: ~ ~ t ~ ~~
My commission expires:
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ACCEPTED by the Village of Tequesta this ~_ day of , 200
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Section 31, T40S,
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SCALE 1"= 2C0'
P.O.B.= Point of Beginning
P.O.C. = Point of Commencement
South Line Section 30
T40S, R43E.
\`S89'25'42°W 53.97'
ooll 0012 P.O.B.
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A strip of land 50.00 feet in width lying in Section 30, Township 40 South, Range 43 East, Palm Beach
County, Florida, and being more particularly described as follows:
Commencing at the Northwest corner of Government Lot 2 of Section 31, Township 40 South, Range 43 East,
run thence N89°25'42"E along the South line of said Section 30, a distance of 423.72 feet to a point on
the West right-of-way line of the Florida East Coast Railway and Point of Beginning. Thence N22°40'90"W
along said west right-of-way line a distance of 691.71 feet to a point on the South Right-of-way line of
E1 Portal a shown on the Plat of Jupiter in the Pines as recorded in Plat Book 26, Page 19, Public
Records of Palm Beach County, Florida; thence N67°34'48"E along said right-of-way line a distance of
50.00 feet; thence S22°90'90"E a distance of 911.79 feet to a point on the South line of said Section 30;
thence S89°25'42"W along said south line, a distance of 53.97 feet to the Point of Beginning.
Said herein described strip of land containing 1.035 Acres more or less.
SKETCH OF DESCRIPTION i^X `, ~ ~ i i L` ~'' THIS IS NOT A SURVEY
FOR:
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT
SCALE: 1 "= 200'
DRAWN BY: STAFF
CHECKED BY:
GMR
DATE:
12/10/04
Engineers • Surveyors • Mappers
1201 BELVEDERE ROAD, WEST PALM BEACH, FLORIDA 33405
RR (561)655-1151 FA% (561)832-9390 • WWW.SFRNINC.COM
FIELD BOOK M SHEET:
1/
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