HomeMy WebLinkAboutResolution_25-96/97_07/24/1997 RESOLUTION NO. 25 -96197
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING THE AGREEMENT FOR RIGHT -
OF -WAY USAGE FOR ALL FUTURE LANDSCAPING OR
PARKING PROPOSALS CONTEMPLATING USAGE OF
TEQUESTA PUBLIC RIGHT -OF -WAY; PROVIDING AN
i EFFECTIVE DATE.
WHEREAS, the Village of Tequesta wishes to set forth
parameters for the usage of Tequesta public right -of -way for
landscaping and parking purposes;
WHEREAS, an Agreement has been prepared which satisfactorily
addresses the concerns of the Village of Tequesta in this
regard.
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 usage of Tequesta public
right -of -way, attached hereto as Exhibit "A" and
incorporated by reference as a part of this Resolution, is
hereby approved for use for all applicable proposals within
any zoning district of the Village, except for zoning
districts having a single- family designation.
Section 2. Village staff shall discourage the public from
making usage of Tequesta public right -of -way in order to
protect the public interests.
Section 3. Whenever Village staff is of the opinion that no
other practical arrangement for compliance with Village
applicable Codes is available, the attached Agreement shall
be a mandatory requirement of any such Village approval.
� Section 4. The Agreement may be amended from time to time,
I provided that such amendments are approved by the Village
Attorney prior to final Village Council action.
Section 5. Any proposal to use Tequesta public right -of -way
shall be approved by the Village Council with a separate and
distinct vote pertaining to the Agreement, concurrent with
certification from the Department of Community Development
that all alternatives to use Tequesta public right -of -way
have been exhausted.
Section 6. This Resolution shall take effect upon its
adoption.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
Hansen , who moved its adoption. The motion was seconded
by Councilmember Cameron and upon being put to a vote,
the vote was as follows:
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FOR ADOPTION AGAINST ADOPTION
• Alexander W. Cameron
Joseph N. Capretta
Carl C. Hansen
Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly passed and
adopted this 24th day of July, A.D., 1997.
014A QU A
Elizabeth A. chauer
f
ATTEST:
oann Mangan' llo
Village Clerk p
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EXHIBIT "A"
PREPARED BY /RECORD AND RETURN TO:
JOHN C. RANDOLPH, Esquire
Jones Foster, Johnston & Stubbs, P.A.
Post Office Box 3475
West Palm Beach, FL 33402 -03475
WILL CALL #85
AGREEMENT
WHEREAS, the undersigned are the owners of the property
described in Exhibit " A " attached hereto; and
WHEREAS, the undersigned have made application to the Village
of Tequesta pursuant to Ordinance No. 377 for approval of a
landscaping plan relating to said property; and
WHEREAS, on 1 1997, the Village Council
approved the landscaping plan subject to conditions set forth
herein; and
WHEREAS, the landscaping plan incorporates the use of the
Village of Tequesta's right -of -way; and
WHEREAS, as a condition of the approval of the landscaping
• plan, the following conditions were imposed.
NOW, THEREFORE, the undersigned agree on behalf of themselves,
their heirs, successors and assigns, as follows:
1. The undersigned property owners are required to landscape
their property in the manner described in Exhibit "B" attached
hereto and to maintain the plantings in a form and manner
acceptable to the Village. As to those portions of the landscaping
improvements located within the Village's right -of -way, in the
event the property owners fail to maintain said plantings, the
Village of Tequesta may do so and may, after notice to the property
owners, maintain said plantings and present the bill for same to
the property owners. In the event the property owners fail to pay
said bill within thirty days, the Village may lien the property for
the cost of said improvements.
2. The property owners agree to save, defend and hold
harmless the Village of Tequesta from and against any and all loss,
suit action, legal or administrative proceeding, claim, demand,
damage, liability, interest, attorney's fees, costs or expense of
whatsoever kind or nature arising in any manner directly or
indirectly resulting from such plantings being located within the
right -of -way or the placement of parking spaces encroaching onto
the public right -of -way.
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3. The property owners acknowledge that no rights inure to
the benefit of the property owners by virtue of the approval of the
use of the right -of -way for purposes of planting or for purposes of
the placement of parking spaces encroaching onto the public right -
of -way.
4. The Village of Tequesta may at any time demand the
removal of the plantings and /or any parking spaces from the public
right -of -way in the event it is determined by the Village Council
that said action is necessary for the benefit of the public
interests.
5. This agreement shall be a covenant running with the
property and shall be binding upon the property owners, their
heirs, personal representatives, successors and assigns, and shall
constitute notice to all persons whomsoever of the terms and
provisions herein set forth.
6. This agreement shall be recorded in the public records of
Palm Beach County, Florida.
Dated this day of 1997.
Signed, sealed and delivered
in the presence of: PROPERTY OWNERS:
Witness
Print Name
Witness
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of 1997, by and
who are personally known to me or who
have produced as identification.
Signature of Notary Public
Printed Name of Notary Public
• Commission Number
JCR \13153- 01- AGREE.WPD