HomeMy WebLinkAboutResolution_22-94/95_05/11/1995 i
RESOLUTION NO.: 22 -94/95
RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA DECLARING
ACQUISITION OF LAND FOR A WELL SITE
AND WATER UTILITY LINES TO BE A
PUBLIC NECESSITY; AUTHORIZING THE
EMPLOYMENT OF NECESSARY EXPERTS; AND
AUTHORIZING THE FILING OF EMINENT
DOMAIN PROCEEDINGS.
WHEREAS, the Village of Tequesta Engineers have
recommended the acquisition of land needed for the
provision and transmission of potable water for the Village
of Tequesta water system; and
WHEREAS, funds are available for the acquisition of
• the necessary land; and
WHEREAS, the specific property required and needed for
the above - described water utility purposes is described on
Exhibit 11 1 " attached hereto and by reference incorporated
herein; and
WHEREAS, the Village of Tequesta finds that the
acquisition of land needed for the improvement of the
Village of Tequesta water system, described on Exhibit "1 ",
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is a public necessity and the same is necessary and
essential to the best interests of the Village of Tequesta,
and that the acquisition of the needed real property, as
described on Exhibit 11 1 " for water utility purposes is also
a public necessity; and
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• WHEREAS, in order to accomplish the acquisition of
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the needed easement, it is necessary for the Village of
Tequesta and the Village Attorney to take legal action and
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employ real estate appraisers and other experts.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA:
SECTION 1. That the Council adopts and ratifies those
matters as set forth in the foregoing recitals.
SECTION 2. That the Village Manager is authorized and
directed to employ real estate appraisers and other experts
as necessary for the purpose of appraising the value of the
property described on attached Exhibit 11 1 " and providing
expert testimony as may be required for the purpose of
• acquiring said property.
SECTION 3. That the Village Attorney is hereby
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authorized and directed to proceed to take the necessary
steps for the Village of Tequesta to acquire in its own
name by donation, purchase or by eminent domain proceedings
the real property described on Exhibit 11 1 " and to have
prepared in the name of the Village of Tequesta, all
papers, pleadings and other instruments required for that
purpose, and to see that all eminent domain proceedings are
prosecuted to judgment.
SECTION 4. That the Village Manger and the Village
Attorney are hereby authorized and directed to take such
further actions as are reasonably required to fully
• accomplish the purposes hereinabove directed.
Be it further resolved that the property described
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on Exhibit 11 1 " is to be used for the following public
purpose: for the provision of potable water to the Village
of Tequesta Water Utility System and its consumers.
THE FOREGOING RESOLUTION was offered by
Councilmember Hansen , who moved
its adoption. Motion was seconded by Councilmember
Ritrrkart , and upon being put to a vote,
the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Ron T. Mackail
Elizabeth A. Schauer
William E. Burckart
Carl C. Hansen
Mayor thereupon declared the Resolution duly passed and
adopted, this 11th day of May 1995.
Ron T. Mackail
Mayor
Attest:
Joann M ganiello
Village Clerk
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LAWSON, NOBLE & ASSOCIATES, INC.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
PHONE (407) 684 -6686
DESCRIPTION: UTILITY EASEMENT
TWO PARCELS OF LAND LYING WITHIN THE FOLLOWING DESCRIBED PARCEL 'A':
PARCEL 'A"
THE NORTH 200 FEET OF THE SOUTH 700 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: THOSE PARTS OF THE
SOUTHWEST QUARTER (SW A) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 23, TOWNSHIP 40 SOUTH, RANGE 42
EAST, AND OF GOVERNMENT LOT 3 OF SECTION 22, TOWNSHIP 40 SOUTH, RANGE 42 EAST, WHICH LIE NORTHERLY OF A
LINE WHICH IS 300 FEET NORTHERLY OF AND PARALLEL TO THE PALM BEACH- MARTIN COUNTY LINE AND WESTERLY OF THE
COUNTY ROAD AS SAID ROAD NOW EXISTS.
BEING A STRIP OF LAND 12 FEET WIDE, BEING BOUNDED ON THE EAST BY SAID COUNTY ROAD AND LYING 12 FEET NORTH
OF (AS MEASURED AT THE RIGHT ANGLES TO) THE FOLLOWING DESCRIBED PERIMETER LINE: BEGIN AT THE SOUTHEAST
CORNER OF SAID PARCEL 'A'; THENCE SOUTH 89 0 46'16' ALONG THE NORTH LINE OF SAID PARCEL 'A', A DISTANCE OF
142.00 FEET TO A POINT DESIGNATED AS POINT 'A' FOR FUTURE REFERENCE AND THE POINT OF TERMINATION.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGIN AT THE ABOVE DESCRIBED POINT 'A'; THENCE SOUTH 89 0 46'16' WEST ALONG THE SOUTH LINE OF PARCEL 'A', A
DISTANCE OF 30.00 FEET; THENCE NORTH 00 0 13'44' EAST, A DISTANCE OF 30.00 FEET; THENCE NORTH 89 0 46'16" EAST, A
DISTANCE OF 30.00 FEET; THENCE SOUTH 00 0 13'44" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
BEARINGS ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE DESCRIBED PARCEL "A' HAVING A BEARING OF NORTH
89 0 46'16' EAST.
O JECT TO EASEMENTS AND RESTRICTION OF RECORD.
SAID LANDS SITUATE, LYING AND BEING IN MARTEN COUNTY, FLORIDA.
REFERENCE ATTACHED SKETCH OF THIS DESCRIPTION.
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE CODE, SET
FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES,
AND l§_TaVE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
PE C. WHITE FNOTE: HIS IS NOT A SKETCH OF SURVEY, BUT
R G . LAND SURVEYOR N0. 4213 RAPHIC DEPICTION OF THE DESCRIPTION
STATE OF FLORIDA EREON. THERE HAS BEEN NO FIELD
EWING OF THE SUBJECT PROPERTY, OR
DATE: 16, 1995 TS SET IN CONNECTION WITH THE
ION OF THIS INFORMATION SHOWN
REVISIONS- UPDATES DATE BY CK'D HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RIGHT -OF -WAY AND /OR
EASEMENTS OF RECORD.
NO.: 90.191 BY: SLS CHECKED: PW F.B. PG. SHEET 1 OF 2
EXHIBIT
aPSRVY%SKETCM
LAWSON, NOBLE & ASSOCIATES, INC.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE. WEST PALM BEACH. FLORIDA
PHONE (407)684-6686
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S. 89 °4S' la' W. 42. CC::)'
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COR/VER�
PARCEL A
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SCALE I ° = 40'
MART /Q COUNT
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SOUTH L 1/VE, S. W. 114, 3ECT /q/\/ 23 — 40 -42
PALM BEA COU/VTY
S ETCH TO ACCOMPANY DESCRIPTION
EE SHEET / OF 2 FOR DESCRIPTION SHEET 2 OF 2
"S No. �j 91.03 BY SLS CHECKED PCW Pr, —