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HomeMy WebLinkAboutResolution_34-94/95_09/28/1995 i RESOLUTION NO. 34 — 9495 i A RESOLUTION OF THE VILLAGE COUNCIL OF THE • VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN ENGINEERING SERVICES PROPOSAL WITH REESE MACON & ASSOCIATES, INC. FOR DESIGN/CONSTRUCTION PHASE SERVICES ASSOCIATED WITH WELL 26 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME 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 Reese Macon & Associates, Inc. Engineering Services Proposal for Design /Construction Phase Services associated with Well 26, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauer , who moved its adoption. The motion was seconded by Councilmember Burckart , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION William E. Burckart Joseph N. Capretta Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 28th day of September, A.D., 1995. MAYOR OF TEQUESTA Ron T. Mackail 1C: ATTEST: ' oann Mangani to • Village Clerk EXHIBIT "A" R_� Reese, Macon and Associates, Inc. • September 15, 1995 Mr. Tom Hall Village of Tequesta P.O. Box 3474 Tequesta, FL 33469 -0474 RE: R/O Well Construction Administration Services Dear Tom: As a part of our proposal defined as the Preliminary R/O Master Plan (P.O. No. 1910), we identified a scope for the construction administration of the R.O. well which is restated below. The fee associated with these services were to be determined at a later date. With the R/O well now bid and in anticipation of commencing construction on this project within the next 30 - 45 days, we are submitting this revision to our proposal (P.O. 1910) to define a fee for construction related services. The scope of services to be performed is as follows: 1. Prepare contract documents for execution by Village and Contractor. • 2. Attend a preconstruction meeting with Contractor. 3. Administer the construction duties and perform the engineering duties as set forth within the Contract documents. 4. Provide resident project representation on a now full -time basis. We estimate the total cost for the services outlined above will not exceed Twenty Eight Thousand Dollars ($28,000). If this is satisfactory to you, please acknowledge below and we will proceed accordingly. If you have questions or wish to discuss this further, please call. Very truly you , Thoma . Jen n, P.E. Accepted by: VILLAGE OF TEQUESTA Thomas G. Bradford, Village Manager tc - 527\95 -126 6415 Lake Worth Road • Suite 307 • Lake Worth, FL 33463 -2907 Telephone (407)433 -3226 • Facsimile (407)433 -8011 • EXHIBIT "A" Two strips of land, each being 15.00 feet in width and lying in Section 25 and Section 26, Township 40 South, Range 42 East, Village of Tequesta, Palm Beach County, Florida being more particularly described as follows: A 15.00 foot wide strip of land being the Westerly, Southwesterly and Southerly 15.00 feet of Tequesta Drive Right -of -Way (now known as and hereinafter referred to as Country Club Drive) as shown on the "PLAT OF TEQUESTA" as recorded in Plat Book 25, Page 7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide strip beginning at its' intersection with the Easterly extension of the North Right -of -Way line of El Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown on said "PLAT OF TEQUESTA" and terminating at the intersection of the North line of said Section 26, (same line also being the line between said Palm Beach County and Martin County) and the said Southerly Right -of -Way line of Country Club Drive. TOGETHER WITH: • A 15.00 foot wide strip of land being the Easterly, Northeasterly and Northerly 15.00 feet of said Country Club Drive Right -of -Way as shown on the said "PLAT OF TEQUESTA ", also shown on the "PLAT OF BERMUDA TERRACE, SECTION 1" as recorded in Plat Book 25, Page 23 of the said Public Records, also shown on the "PLAT OF BERMUDA TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Public Records, and also shown on the plat of "COUNTRY CLUB POINT" as recorded in Plat Book 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at its' intersection with the Westerly extension of the North Right -of -Way line of said Tequesta Drive (same line also being the South line of Block A as shown on said "PLAT OF BERMUDA TERRACE, SECTION 1") and terminating at the intersection of the said North line of Section 26 and the said Northerly Right -of -Way line of Country Club Drive. The side lines of the said two 15.00 foot wide strips of land being lengthened or shortened so as to form two continuous strips of land. PREPARE BY /RECORD AND RETURN TO: . PETER S. HOLTON, ESQUIRE Jones, Foster, Johnston & Stubbs, P.A. Post Office Bo 3475 West Palm Bea , Florida 33402 -3475 WILL CALL #85 . 1 i r - �'i'i =+ �:.►$asEt 95 '3 4 8 �r ORE 5961 Fs 1 18 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is executed this 4th, day of October, 1995, by the Village of Tequesta, a municipal corporation (the "Village of Tequesta"). A. The Village of Tequesta is a municipal corporation formed under the laws of the State of Florida. B. Country Club Drive is a road dedicated to the use of the public all or portions of which are located within the limits of the Village of Tequesta and over which the Village of Tequesta has jurisdiction. C. Village of Tequesta recently amended it Comprehensive Land Use Plan in order to reduce the level of service on Country • Club Drive within the Village of Tequesta so as to provide for an acceptable level of traffic in the residential neighborhoods contiguous to said roadway. D. In the exercise of its police power and in order to properly regulate and control the use of those portions of the Right -of -Way of Country Club Drive located within the limits of the Village of Tequesta and described on Exhibit " A " hereto (the portions of the Right -of -Way of Country Club Drive described on Exhibit " A " hereto are hereinafter collectively called the "Restricted Right -of- Way "), the Village of Tequesta adopted Ordinance No. 494 (the "Ordinance "). E. The Ordinance restricted the use of the Restricted Right - of -Way to certain uses specified in the Ordinance and directed the Village of Tequesta to cause to be recorded in the public records of Palm Beach County, Florida, this Declaration of Restrictive Covenants. NOW THEREFORE, the Village of'Tequesta hereby imposes the following covenants on the Restricted Right -of -Way. • Q 8961 P9 I 1. Except as set forth in paragraph 2. hereof, the • Restricted Right -of -Way shall hereinafter be used exclusively for the installation," . :repair, maintenance and replacement of landscaping, treescapes, signage, irrigation systems and facilities, drainage structures - including swales, culverts and grates, driveways, bikeways, pathways, sidewalks, curbing, parking, utility systems and structures and facilities related to any of the foregoing, and for access to and from the remainder of the Right - of -Way of Country Club Drive, and for all other uses and purposes incident to, or necessary for the full enjoyment of the uses previously listed. 2. Notwithstanding the restrictions placed on the use of the Restricted Right -of -Way under paragraph 1. hereof, where traffic design techniques are currently used and the resulting traffic structures effect portions of the Restricted Right -of -Way (such as expanded intersections and cul -de- sacs), or where traffic design techniques (other than techniques to construct roadway lanes in the Restricted Right -of -Way which are not constructed in connection with improvements an intersection or the construction, of a cul -de -sac or roundabout) approved and adopted by the Village of Tequesta in the future result in traffic structures which effect portions of the Restricted Right -of -Way, the uses of the Restricted Right -of -Way permitted under paragraph 1. hereof shall include those specified traffic design techniques and the resulting traffic structures. It is the intent of this paragraph that the Restricted Right -of -Way shall not be used for additional roadway lanes except • in connection with improvements to an intersection or the construction of a cul -de -sac, roundabout or traffic circle. 3. Nothing contained in this Declaration shall be construed:. (i) as obligating the Village of Tequesta to make any improvements to all or any portion of the Restricted Right -of -Way, or (ii) as limiting the access of properties (including cross streets and other public rights -of -ways) abutting the dedicated Right -of -Way of Country Club Drive to and from such dedicated Right -of -Way. 4. The restrictions set forth in this Declaration of Restrictive Covenants shall run with and bind the Restricted Right - Of -Way until December 31, 2024, after which time this Declaration and the covenants and restrictions hereby imposed shall be automatically extended for successive periods of ten (10) years unless the Village of Tequesta shall execute and cause to be recorded in the public records of Palm Beach County, Florida, a Notice which terminates this Declaration of Restrictive Covenants. Signed, Sealed and Delivered in the Presence of Village of Tequesta, a municipal corporation B y: Pr nt Name: r40M S (3cta6 Fc2 Print Name: RO N "T. M ALk (az� • Its: ri'1 A 0 2 Print N e: e/ 1h Z20 � Pr 896 P9 119 • STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _4 day of , 1995, by ,��_ , as of the Village -of Tequesta, a mun cipal corporation, on behalf of the municipal corporation. `He /She is pers know to me or has produced a driver's license as identification. (NOTAR ,SEAL) 5 „••; 'rP Ndtary Public • y .-. • ': Print Name: Toauu M&SI C-A AN I E L My Commission Expires: 'PSHb2 \I?�Declaratn + f - 12te 2V" 995 NOTARY PUBLIC, STATE OF FLORIDA. 3 ?�6f ; - s MY COMMISSION EXPIRES : - Dn. 22. I ?99. Jc . •••• BONDED THRU NO. A,EY PIJPL'. • • • EXHIBIT A ' W'1'%—i1EN' !� LERK H i_:s'ATi 5 !L Two strips of land, each being 15.00 feet in width and lying in Section 25 and Section 26, Township 40 South, Range 42 East, Village of Tequesta, Palm Beach County, Florida being more particularly described as follows: A 15.00 foot wide strip of land being the Westerly, Southwesterly and Southerly 15.00 feet of Tequesta Drive Right -of -Way (now known as and hereinafter referred to as Country Club Drive) as shown on the "PLAT OF TEQUESTA" as recorded in Plat Book 25, Page 7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide strip beginning at its' intersection" with the Easterly extension of the North Right -of -Way line of El Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown on said "PLAT OF TEQUESTA" and terminating at the intersection of the North line of said Section 26, (same line also being the line between said Palm Beach County and Martin County) and the said Southerly Right -of -Way line of Country Club Drive. TOGETHER WITH: Ap A 15.00 foot wide strip of land being the Easterly, Northeasterly and Northerly 15.00 feet of said Country Club Drive Right -of -Way as shown on the said "PLAT OF TEQUESTA ", also shown on the "PLAT OF BERMUDA TERRACE, SECTION 1" as recorded in Plat Book 25, Page 23 of the said Public Records, also shown on the "PLAT OF BERMUDA TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Public Records, and also shown on the plat of "COUNTRY CLUB POINT" as recorded in Plat Book 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at its' intersection with the Westerly extension of the North Right -of -Way line of said Tequesta Drive (same line also being the South line of Block as shown on said "PLAT OF BERMUDA TERRACE, SECTION 1") and terminating at the intersection of the said North line of Section 26 and the said Northerly Right -of -Way line of Country Club Drive. The side lines of the said two 15.00 foot wide strips of land being lengthened or shortened so as to form two continuous strips of land. •