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HomeMy WebLinkAboutResolution_22-91/92_07/23/1992 RESOLUTION NO: 22 -9 1/92 RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AMENDING RESOLUTION NO. 16- 91/92 DECLARING ACQUISITION OF LAND FOR WELL SITES 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 lands 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 lands; and WHEREAS, Resolution No. 16 -91/92 provided for the acquisition of lands for three well sites and associated easements; and WHEREAS, the Village engineers and Village staff recommend the amendment of the legal description of the lands necessary for the provision and transmission of potable water for the Village's water system; 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 lands needed for the improvement of the Village of Tequesta water system, described on Exhibit 11 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 WHEREAS, in order to accomplish the acquisition of the needed easements, it is necessary for the Village of Tequesta and the Village Attorney to take legal action and 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 "1" and providing expert testimony as may be required for the purpose of acquiring said property. SECTION 3. That the Village Attorney is hereby 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 Manager 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 on Exhibit " 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 Council Member, Burckart , who moved for its adoption. Motion was seconded by Council Member, Mackai1 and upon being put to a vote, the vote was as follows: FOR ADOPTION: AGAINST ADOPTION: Joseph N. Capretta Earl L. Collins Ron T. Mackail William E. Burckart • Mayor thereupon declared the Resolution duly passed and adopted, this 23rd day of July 1992 VILLAGE OF TEQUESTA by: Earl L. Collinbs - Mayor Attest: c1drk jml/13153.10 resolute.3 DESCRIPTION: UTILITY EASEMENT A parcel of land lying within Lot 152, Plat of TEQUESTA, recorded in Plat Book 25, Pages 7 through 15 inclusive, of the Public Records of Palm Beach County , Florida, and being more particularly described as follows: Commence at the Northwest corner of said Lot 152; thence South 89 °36'30" East along the North line of said Lot 152, a distance of 95.07feet; thence South 00 °23'30" West, a distance of 10.00 feet to the POINT OF BEGINNING; thence continue South 00 °23'30" West, a distance of 18.00 feet; thence South 89 °36'30" East, a distance of 5.12 feet to a point on the East line of said Lot 152; thence South 00 °00'00" East along said East line, a distance of 86.36 feet to a point on the South line of said Lot 152; thence North 90 °00'00" West along said South line, a distance of 12.00 feet; thence North 00 °00'00" East, a distance of 74.44 feet; thence North 89 °36'30" West, a distance of 23.21 feet; thence North 00 °23'30" East, a distance of 30.00 feet;thence South 89 0 36'30" East, a distance of 30.00 feet to the POINT OF BEGINNING. Containing 1,854 square feet, more or less. Said lands situate, lying and being in Palm Beach County, Florida. • Bearings based on an assumed meridian the North Line of Lot 152 is assumed to bear South 89 °36'30" East. Subject to easement and restrictions of record. Reference attach sketch for a graphic depiction of this description. 90- 191.DES LAWSON, NOBLE & ASSOCIATES, INC. ENGINEERS PLANNERS TESTING SURVEYORS 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA PHONE (407) 684 -6686 SKETCH TO ACCOMPANY DESCRIPTION W "o CO � a ' W 0- TURTLE CREEK EAST, II, A P.U.D. (1) - o PLAT BOOK 11, PAGE 80 o J i (MARTIN COUNTY,FLORIDA) LOT 33 Q 0 3 Z 3 N LOT 34 J 0 3 Q �� o g o P.O.B. N Cd 12' ACCESS EASEMENT O CV 00 N MARTIN COUNTY $ N NORTHWEST CORDER LOT 152 °O SECT. 23 -40 -42 z S 8 '36' 30"F- 9 5.07' fn SECT. 26 -40 -42 TY .0' _5 "E T d23m "w PALM BEACH CO UN 0 N 89' 36' 30" W 94.99' XISTING CONCRETE 'UTDLITY UTILITY ASEMENT POWER POLE EASEMENT P.& 25, DOS. 7 -15) U W FEET) N 00'23'30" E (1854 * SQUARE CkIAIN LIN( FENCE 30' 30' Q 30.00' LOT 153 V W LOT 152 EXISTING 1 STORY In RESIDENCE CV = p PLAT OF o Cr m TEQUESTA o N Q Guy ANCHOR (TY a PLAT BOOK 25, PAGES 7 -15 ° Z a PALM BEACH COUNTY 0 JIL Z NafslN R.o•w• ✓ � Te RUBStA Val-Je ` SAMTARY N 90'00'00" W CLEANOUT 12.00 WOOD TEQUESTA DRIVE POLE (TYPP (PLAT BOOK 25, PAGES 7 -15) CERTIFICATION 1 hereby certify that the description and attached sketch of description were prepared In accordance with the Surveying Standards. Chapter 21 HH -6, Florlds Administrative Coda, set forth by the Florida Board of Lend Surveyors, pursuant to Section 472.027, Florida Statutes, and is true and correct to the best of my knowledge and belief. DATE: TUNE 11,19 � r �JGAt.E � �" ' ?J O' ✓ Parry C. White Registered Lend Surveyor No. 4213 Slate of Florida REVISIONS-UPDATES DATE BY K' D NOTE: THIS IS NOT A SKETCH OF SURVEY, but only s graphic depiction of the description shown hereon. There has been no field work, viewing of the subject properly, or monuments set In connection with the preparation of this lolormatlon shown hereon. NM: Lands shown hereon were not abstracted for right- ol -way end /or easements of record. JOB No. go - 191 1 BY BeuNO ICHECKED PG•w. IF.B. — PG. — DATE1 DESCRIPTION: UTILITY EASEMENT A parcel of land lying within Lot 12, Block 5, as shown on the plat of Turtle Creek Village, recorded in Plat Book 4, Page 93 of the Public Records of Martin County, Florida, and being more particularly described as follows: Commence at the Northwest corner of said Lot 12; said corner lying on a circular curve concave to the Northeast whose radius point bears North 44 °45'40" East from said point, having a radius of 755.00 feet; thence Southeasterly along the arc of said curve, and Northerly boundary of said Lot 12 through a central angle of 33 °37'42 ", an arc distance of 443.13 feet to a point of intersection with a non - radial line bearing South 00 °00'00" West (the North line of said Lot 12 being coincident with the South right -of -way line of Turtle Creek Drive as shown on said plat of Turtle Creek Village); thence South 00 °00'00" West, a distance of 83.22 feet to the POINT OF BEGINNING; thence North 90 °00'00" East, a distance of 21.00 feet; thence South 00 °00'00" East, a distance of 30.00 feet; thence North 90 °00'00" West, a distance of 4.00 feet; thence South 00 °00'00" East, a distance of 10.10 feet; thence South 38 °36'13" West, a distance of 51.05 feet to a point on the Southwesterly line of said Lot 12; thence North 45 0 14'20" West along said southwesterly line, a distance of 12.07 feet (said southwesterly line of Lot 12 being coincident with the northeasterly right -of -way line of County Road, as shown on said Plat of Turtle Creek Village); thence North 38 °36'13" East a distance of 45.55 feet; thence North 00 0 00'00" East, a distance of 5.90 feet; thence North 90 °00'00" West, a distance of 14.00 feet; thence North 00 °00'00" East, a distance of 30.00 feet, thence North 90 °00'00" East, a distance of 9.00 feet to the POINT OF BEGINNING. Containing 1576 square feet more or less. Said lands situate, lying and being in Martin County, Florida. Bearings based on the plat of Turtle Creek Village, as recorded in Plat Book 4, Page 93, of the Public Records of Martin County, Florida, the South line of the southwest one - quarter of Section 23 -40 -42 bears South 89 °46'16" West according to said Plat. Subject to easements and restrictions of record. Reference attached sketch for a graphic depiction of this description. LAWSON, NOBLE & ASSOCIATES, INC. ENGINEERS PLANNERS TESTING SURVEYORS 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA PHONE (407) 684 -6686 SKETCH TO AC DESCRIPTION /' ti. 44'45'40" G . 41LADIALN \ -� i p � C TURTLE ``- N 4$3 3,,42" K DRIVE P.O.B. - A ACCESS N NORTH LINE LOT 12 443 .13 EASEMENT IRRIGATI VALVE R= 755.00' N.W. CORNER �g0 °55'36" LOT 12, I I A= 12.21' BLOCK 5 N Cl) (P.B. 4, PG. 93) I Ow LOT 12 12' Acc 3 EASEMEN BLOCK 5 0 o I b (965+ SQUARE o I o FEET) TURTLE CREEK VILLAGE ° eo 0 0 PLAT BOOK 4, 1A Z I I V) \° %P PAGE 93 N 90 °00'00" W P. \ \\ UTILITY ILITY 12.00' S+ EASEMENT w 9,00-' 1.00' w N 90 / °0 C' 0'00" E o l} ho oho IRRIGATION 0 ° <O z C> I m l O 1 0 0 VALVE C CG \ , X 4_00' f 10 ����p� \ !2 N ° 00'00" W� N 90 EXISTING I T °00'00" W wiLDiNG F, A'Po C 0 5.90' 4.00' N 00 °00'00" E ,y / / 10.10' (�� \// S 00 °00'00" E UTILITY EASEMENT / / O (1576+SQAURE FEET) �O CERTIFICATION 1 hereby certify that the description and attached sketch of description were prepared In ae' dance with the Surveying Standards, Chapter 21 HH -6, Florida Administrative Code, set lorih by the Florida Board of Land Surveyors, pursuant to Section 472.027, Florida Statutes, and Is true and correct to the best of my knowledge and belle(. 64AI.Et V-50' ' `l DATE: YUnlE 11 , 199 1 _ orry C. While Registered Land Surveyor No. 4213 State of Florida REVISIONS-UPDATES DATE BY K' D NOT E: THIS IS NOT A SKETCH OF SURVEY but onl a graphic depiction of the description shown hereon. There has been no field work, viewing of the subject property, or monuments set In connection with the preparation of this Information shown hereon. NOTE Lands shown hereon were not abstracted for right• of -way and /or easements of record. JOB No. 90 - 1`11 1 BY, $7-U1•.ao CHECKED! P.4•\/• F.B• - PG• — JDATES (07/91 LAWSON, NOBLE & ASSOC. TEL No. 848 5326 Jun 16,92 10:54 P.02 r DESCRIPT! N: UTILITY BASEMENT • Two parcels of land lying within the following described Parcel "A ": PARCEL "A" The North 200 feet of the South 500 feet of the following described tract of land: Those parts of the Southwest quarter (SW %4) 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 fine which is 300 feet Northerly of an 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 South of (as measured at the right angles to) the following described perimeter line: Begin at the Northeast corner of said Parcel "A "; thence South 89 0 46'16" along the North line of said Parcel "A ", a distance of 100.00 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 °46' 16" West along the North line of Parcel "A ", a distance of 30.00 feet; thence South 00 0 13'44" East, a distance of 30.00 feet; thence North 89 11 46'16" East, a distance of 30.00 feet; thence North 00 "13'44" West, a distance of 30.00 feet to the Point of Beginning. Containing a total of 2172 square feet more or less. Bearings are assumed and based on the North line of the described Parcel "A" having a bearing of North 89 0 46 1 16" East. Subject to easements and restriction of record. Said lands situate, lying and being in Martin County, Florida. Reference attached sketch of this description. 3UftVEY�9O -191 DES.1 L rIWVUHf IVULJLL l rlvJVl. �G i.� V-1V JJGV JUII 1V.JG iV JJ I VJ LAWSON, NOBLE & ASSOCIATES, INC. ENGINEERS PLANNERS TESTING SURVEYORS 420 COLUMBIA DRIVE WEST PALM BEACH, FLOIUDA PHONE (407) 684 -6686 SKETCH TO ACCOMPANY DESCRIPTION c Not u LWE OF ( F0111T OF PARE L 'A' POWT'A' ` f3EG11lA1lAIG QT 'S T $q ° 4 &'1 (o't W_ a �• BF �t R3%. L ao.00� loo•Do' 177 � >x Q o. �.<< �-... m a r_ �F o 4 ti� 4 4 Idagl ab' fie" E �'fi ti� '�, • � •� a 4, FA9CEL 'A' Le O. K.�. 5 Pape 362 42•1z•16. 549, r6r.1be" J o ` f0.JE.15. 5q9, re 3ep 0 + 0 0 S MI�RYIn -+ Ga�n.l•rY _.— .�....._90. 54-w-rm I.lwe, O.W. 1 /4, 61r4 - rtoti Z3- *0- 4Z FAL.M 156AZ.I4 400M-rl SERTIFICATION I hereby cerlity the( file description and attached sketch of description ware Prepared In accordance with the Surveying Standards, Cheplar 21 HH -S. Florlds AdnNnistrative Coda, not forth by the Florida Iloard at Lend Surveyors, pursuant to S.Ik'n 472.027. Florida Slalulas, and Is true and correct to the bast of my knowledge antl belief. GAL 9L : 1 ao r DATC: luhe 16 ,1492 I Par C. while Ro islnrad Land Surveyor No. 4219 Stele of Florida REVISIONS DATE BY CMD NDTC: THIS IS NOT A SKETCH of SURVEY but only a graphic deplcl)n of the description shown hereon. Thera has boon no livid work, viewing of the subject property, or monuments sot in connection with the preparation or Ihis Information shown hereon. NOTE: Lands shown honor wore not abstracted for right - of•way andlor sssarnents at record. JOB No. 9a 1BY. 150eul.lo CHECKEDt f -e —W• P.B. — PG. DATER 616 ti