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Home My WebLink AboutResolution_13-93/94_04/14/1994 RESOLUTION NO 13 — 93/94 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE CERTIFICATE OF APPRECIATION TO THE OWNERS OF THE PROPERTY KNOWN AS GALLERY SQUARE NORTH AND AUTHORIZING THE MAYOR 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. In recognition of the recent improvements to the property known as Gallery Square North, the Certificate of Appreciation, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village is hereby authorized to execute the same on behalf of the Village of Tequesta. SECTION 2. The Village Manager or his designee is directed to forward a copy of this Resolution and an original of the Certificate of Appreciation to each applicable property owner at Gallery Square North. • THE FOREGOING RESOLUTION was offered by Councilmember Burckart , who moved its adoption. The motion was seconded by Councilmember Schauer , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION F,n T Cnnl�c Joseph N. Cap Ron T. Mackail Elizabeth A. Schauer William E. Burckart The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of April , A.D., 1994. MAYOR OF TEQUESTA Ron T. Mackail I f I� ATTEST: I 9 { J ann Manganie o Village Clerk I Rle,X,70RD -AND F 3TURN TO JOHN C. RANEDLPH, ESQUIRE Jones, FostEC, Johnston & Stubbs, P.A.. * PR 994 1 i n 1 -fi, 94 - 14 -71 3 -- : , -- . Post Office ox 3475 — West Palm BE ch, FL 33480 - 3475 RS 7 P9 1919 540L CALL # f 5 RESOLUTION NO. 12 -93/ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO FLORIDA STATUTE 171.046. WHEREAS, Florida Statute, Section 163.01 ( 1991), known las the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and developments of local communities; and WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 18 of Chapter 93 -206, Laws of Florida, created Florida Statute, Section 171.046, providing for the annexation of enclaves pursuant to interlocal agreements between municipalities and the county which have jurisdiction over such enclaves; and WHEREAS, Florida Statute, Section 171.046, limits annexation by interlocal agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Florida Statute, Section 171.031(13)(a) and (b), as amended by Chapter 93 -206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the Village have determined that it is appropriate and will promote efficient provision of governmental services for the Village to annex certain enclaves; and • i i WHEREAS, the County and the Village have determined that the parcels to be annexed pursuant to this interlocal agreement are improved property based upon the availability of water and sewer systems; the availability and access to public right -of -way; that the lots have previously been cleared; and that the lots have been subdivided and recorded or unrecorded plats; and WHEREAS, it has been determined by the Village that the parcels to be annexed via this interlocal agreement meet the requirements set out in Florida Statute, Section 171.031( 13)(a) and (b), and Section 171.046, as such enclaves are developed or improved, are less than ten (10) acres in size and are completely surrounded by the Village or are surrounded by the Village and a natural or manmade obstacle that allows passage or vehicular traffic to the enclaves only through the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows: Section 1 . That the Village Council is hereby authorized and directed to execute an interlocal agreement i (attached hereto and incorporated herein as Exhibit "A ") with Palm Beach County on behalf of the Village of Tequesta. j • Section 2 . Upon execution of the interlocal agreement, the Village Clerk is hereby directed and authorized to transmit sufficient copies of same to the appropriate offices of Palm Beach County for Palm Beach County's consideration of execution of the Interlocal Agreement and thereafter the execution thereof. i Section 3 . This Resolution shall take effect upon adoption. THE FOREGOING RESOLUTION was offered by Council - member Elizabeth A. Schauer who moved its adoption. The Resolution was seconded by Earl L Collings and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Earl L. Collings Ron T. Mackail Elizabeth A. Schauer i i i I i The Mayor thereupon declared the Resolution duly passed and adopted this 24th day of February A.D., 1994. MAYOR OF TEQUESTA I f Ron T. Mackail Attest: y t. Dann Mangan iio Village Clerk • • i I .fry. -,, X P =- 27 ' EXHIBIT "A" R94. 4 17 • INTERLOCAL AGREEMENT An Interlocal Agreement between Palm Beach County, a political subdivision of the State of Florida, and - the Village of Tequesta, providing for the annexation of enclaves pursuant to Section 171.046, Florida Statutes. AP s ' � ' interlocal Agreement is made the _ _ day of J _ _ , 1994, between the Village of Tequesta, a municipality — located in Palm Beach County, Florida, hereinafter referred to as "Village ", and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", each one constituting a public agency, as defined in Part 1 of Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida Statutes ( 1991), known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and, thereby, to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and • WHEREAS, The Florida Interlocal Cooperation Act of 1969 permits public agencies, as defined therein, to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 18 of Chapter 93 -206 of the Laws of Florida created Section 171.046, Florida Statutes, providing for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave; and WHEREAS, Section 171.046, Florida Statutes, limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13)(a) and ( b) , as amended by Chapter 93 -206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the Village have determined that it is appropriate and will promote efficient provision of • governmental services for the Village to annex certain enclaves; and • WHEREAS, the County and the Village have determined that the parcels to be annexed pursuant to this Interlocal Agreement are improved property based upon the availability of water and sewer systems; the availability and access to a public right -of- way; that the lots have previously been cleared; and that the lots have been subdivided in recorded or unrecorded plats; and WHEREAS, it has been determined by the Village and by the County that the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Section 171.031(13)(a) and (b) and 171.046, Florida Statutes, as such enclaves are developed or are improved, are ten (10) acres or less in size, and are completely surrounded by the Village or are surrounded by the Village and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the Village; and WHEREAS, the County and the Village agree that the parcels to be annexed via this Interlocal Agreement are sub•iect to the Land Use Atlas of the Palm Beach County Comprehensive Plan and County zoning and subdivision regulations until the Village adopts a Comprehensive Plan amendment to include the parcels to be annexed in the Comprehensive Plan. • NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose. The purpose of this Agreement is to allow annexation by the Village of certain unincorporated enclaves which are identified in Exhibit "A" which is attached hereto and made a part hereof. Sect ion 2. Definitions. The following definitions shall apply to this Agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031(13)(a) and ( b) , Florida Statures as adopted by the Legislature in Chapter 93 -205, Section 25, Laws of Florida. 2. "Act" means Part 1 of Chapter 163, Florida Statutes. 3. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. • Section 3. Annexation. - 2 - . The unincorporated enclaves identified in Exhibit "A ", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the Village of Tequesta. Section 4. Effective Date. This Agreement shall take effect upon execution by both parties. Section 5. Filing. Upon execution by both parties, a copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Sect ion 6. Notification. The Village hereby acknowledges that it has provided written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm Beach County Property Appraiser. The written notice shall describe the purpose of the Interlocal Agreement and shall state the date, time and place of the meeting of the Village • Council of the Village of Tequesta where this Interlocal Agreement shall be considered for adoption. The written notice shall also indicate the name and telephone number of a Palm Beach County staff person to contact regarding the date, time and place when the Palm Beach County Board of County Commissioners shall consider the adoption of this Interlocal Agreement. Section Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Sect ion 8_. Severabi 1 ity. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 9_. Entirety of Agreement. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating • to this Agreement. 3 — • ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: dv� I, Deputy Cle C a ( SEAL) R94 4 o APR ? 1 WITNESSES: � . 4. APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney • ------------------------------- ATTEST: VILLAGE OF TEQUESTA By: L 1 By: iilage Cle&k Mayor ( SEAL ) --. II , T T NE ES SSES: / /�� a�Al APPROVE AS TO FORM AND LEGAL SUFF CIENCY By: • llage Attorn ORB 8227 Pq 1927 Parcel 3- Riverside on the Loxahatchee Seven Lots Consisting of approximately 5.78 total acres. 00- 42- 40- 36 -04- 003 -0130 Riverside on the Loxahatchee LOT 13 /LESS RD R /W/ BLK 3 Consisting of approximately .65 acre. 00- 42- 40- 36 -04- 003 -0141 Riverside on the Loxahatchee NLY 103 FT OF LOT 14 /LESS RD R/W BLK 3 Consisting of approximately .67 acre. 00- 42- 40- 36 -04- 003 -0142 Riverside on the Loxahatchee SLY 32.4 FT OF LT 14 & LT 15 /LESS RD R /W/ BLK 3 Consisting of approximately .99 acre. 00- 42- 40- 36 -04- 003 -0160 • Riverside on the Loxahatchee LOT 16 BLK 3 Consisting of approximately 1.10 acres. 00- 42- 40- 36 -04- 003 -0170 Riverside on the Loxahatchee LOT 17 BLK 3 Consisting of approximately 1.04 acres. 00- 42- 40- 36 -04- 003 -0180 Riverside on the Loxahatchee LOT 18 LESS RD R /W/ BLK 3 Consisting of approximately .69 acre. 00- 42- 40 -36 -04 -003 -0190 Riverside on the Loxahatchee LOT 19 /LESS RD R /W/ BLK 3 Consisting of approximately .64 acre. • pp aoo o aao 0 oao 0 �a6 �88888•� . �� in��ii� Y � nu ■ i�CO� SOL --- r-CrA cap -was I ME ooaL�� e.aoo »o m z - m `'COO ` � � ` Occc000 r-++o pp ■�' \ 0000a°'"Mippq •� ry C:.fC7ff ��7ooccaa22 i�8 �„_ �, ,$ � • e a 46 p O:= e t ; .... C. °D _ 1=121 ge $� aoa se 1 i s °e�►n �� ,� a qry��................... �IfMliii �• �=:Ql� itl�illi�;lYn ►� �� 4j t.�rYftl, _TAT Islas - �hr! t 9 1 ORE 1 27 Ps 1926 Exhibit " A " (5 pages) ANNEXATION PARCEL LEGAL DESCRIPTIONS Parcel 1 - Seabrook Road 00- 42- 40- 25 -00- 000 -5150 25- 40 -42, N 117 FT OF E 25 FT OF W 555 FT OF NE 1/4 OF SE 1/4 Consisting of approximately .07 acre Parcel 2 - Jupiter Manors 00- 42- 40- 25 -00- 006 -0011 25- 40 -42, TH PT OF GOV LT 6 IN OR1482P321 / BEING LT 11, JUPITER MANORS/ BLK D Consisting of approximately .97 acres. • Return to: (enclose self- addressed stamped envelope) Name Address: • ORB 82.27 Pq_ 1929 Property Appraisers Parcel Identification (Folio) Number(s): to so 21 1 • N. P. ` 7 .. is ! ' CIRCLE • 1• "00 STREET to !0 10 la W 11 • 10 4 v • 11 !7 4 !a t is oO 1• I .: !0 It < • < I 2• l V t1 • t! U /S Oc fa to t• to i < !1 f• Z t! t, 14 A RUSSELL STREE is tf V !f to 10 FT t• 1s IT ti - !a 14 la r• t• its t1! 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L t•• OAK RIIM LANE a ' .7E1 PARCEL ISS _ 4111 41 44 46 43 to •o of N n N as /I fi 'Ia tt4 1 4, F •' 1 WILLOW ROAD � 112 M a1 N N IS 17 N III a� 1 r s+ 0 AA 1 w • 10 11 It I S 14 l aata S 41 4t IS 44 46 N 10 27 l 110 11 G ' PPAETREE CIRCLE to O� 100 t o � � u 2• at as to :♦ is PA RCEL I C •lo 9 to s 0 107 ' t 0 t• 1] N ti N to 12 � COLETTE r R 2 O � 10• t• � 'f < RIDGEW000 ,t of O � w as o7 •• 10f WESTWOOD AVENUE 40 a• as at t0 t4 toa 9 AZALEA CIRCLE L 1 a • 20 20 at so as u 10 / as •1 :01 fo as t0a IF , tt 101 z CIRCLE a as •• a0 as s7 as tot R /Op CAMELM - CIRCLE ' 100 P NICOLE CIRCLE f of at so 7• is 17 at as N To ~ a •f to » to ,a :o at s: 2a :4 :• 2• s• !• ao 81 CO"s� ,ON ae 7 • a 4 a : 1 '" Au t: •a 14 DOVER ROAD • P ARCEL `e .. 71 7• � •a . W a ■■■ ■■■■ 7• 7i 7i a a • > a • t a. a / . a • t • ARCI • 0 va 001111111 Ta j� •z It • 11C - ,y 4 7 tt s•• c IS is w to a tt to a to - f 4 7 :1 o O PARCEL • A • z a z • t w • a / • ■ r■■■■■ ■ ■■ ■IRIRtIR ■4 IS 1 • < 2 • i pPN a • a 11 ,t +a 14 u N n 1• t• • 7 a • ,0 1• 1 �'• i t • T PARCEL *C* 1 1 10 ,EOVESA� . • ti 14 n ri !1 N•'• li f1 Ia ti tt 17 t at 20 , a • t 2 a as !7 =• ACON STREET ■ ■ ■ ■ STREET !O a fo = t ! a f R3E • ] i • W t • ] t M • 1 t a a i a 7 0 17 W a i la z la > f l V1 a0 ti 1 ] 1 W 4 K f 6 3 • d 31 < W W f W • Y z • 1• > 17 DALY Return to: (enclose self- addressed stamped envelope) Name Address: ORE 8227 Fs 1930 RECORD VERIFIED DORM H WILKEN LLERK OF THE COURT - RR, COMM FL Property Appraisers Parcel Identification (Folio) Number(s): CCU" w l R - 1A t t r � A p r w PARCEL - 3 � P 102=9 CAME m S • is is If lo » .• F8, V I R= m k t ,• $ 1 ,$ Da'. is to } • W • a t o s 1 t t' to 1 ! , to t��E• • TEOUEBTA ONIVE O t • :• t Mumma • „ • .r o f � � s • • • s • ..c is NO t o I a1 • t • CCU k 14 UIts 1641 PARCEL — 2 m t• r • at t• • n \ gH1,011 • • to I to 14 it to t• \ ^ � 1 f