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HomeMy WebLinkAboutResolution_16-91/92_04/16/1992 RESOLUTION NO. 16 -91/92 A RESOLUTION OF THE VILLAGE COUNCIL OF TTTP VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLURiDA, 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 recommeiidt,(i 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, the specific property required and needed for the above - described water utility purposes is described on Exhibit "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 as Exhibit "1 ", 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 "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, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council adopts and ratifies those matters as set forth in the foregoing recitals . Section 2. The Village Manager is hereby 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. 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 "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. 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 purposed 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 Councilmember 'Rurc - kart who moved its adoption. The motion was seconded by Councilmember canretta I and upon being put to a vote, the ov to was as follows: FOR ADOPTION AGAINST ADOPTION _ Earl 1- Cal 1 i ngc Rnn T_ Mack it Fdwa rd C Howell William F._ Rurckart .In _ e : Th N_ C'apretta The Mayor thereupon declared the Resolution duly passed and adopted this 36th day of A}1ril A.D., 1992. MAYOR OF TEQUESTA r ar lL. ollings ATTEST: Q -ILIII-Llt-� nn Manganie o Village Clerk m EXHIBIT "1" DESCRIPTION: UTILITY EASEMENT A parcel of land lying within the Southwest one - quarter of the Southwest one - quarter of Section 23, Township 40 South, Range 42 East, Martin County, Florida, and being more particularly described as follows: Commence at the intersection of the Southwest Right -of -way line of County Road, 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 a line 800 feet North of and parallel with (as measured at right angles) the South line of the Southwest one - quarter of said Section 23; thence South 45 °14'20" East along the Southwest Right -of -way line of said County Road, a distance of 169.50 feet to the POINT OF BEGINNING; thence continue South 45 °14'20" East along said Southwest Right -of -Way line, a distance of 12.00 feet; thence South 44 0 45'40" West, a distance of 140.00 feet; thence North 45 °14'20" West, a distance of 30.00 feet; thence North 44 °45'40" East, a distance cf 30.00 feet; thence South 45 °14'20" East, a distance of 18.00 feet; thence North 44 °45'40" East, a distance of 110.00 feet to the POINT OF BEGINNING. Containing 2220 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 Southwest Right -of -way of t County Road as stated above, having a bearing of S 45 1 14'20" E. Subject to easements and restrictions of record. Reference attached sketch for a graphic depiction of this description. LAWSONr NOBLE b ASSOCIATESr INC. ENGINEERS PLANNERS TESTING SURVEYORS 420 COLUMBIA DRIVE WEST PALM BEACH, FLORIDA PIIONE (407) 68 -6686 SKETCH TO AC DESCRIPTION 5.89 °4WI4o "W � ` 'e` Oft POE. Loot $oo' AJorjTH -or s� s �><, �F� ° �. 93 J 17vwrW LIME r S.W. 1/4 ��. V �O'. A �I J 5EGTipm 23- 40 - '�,� •(, F. .d 'P % R O ft S P O. P./ O o k00 y �j ah V , U L M 10. 1K 0 o rya � I K L p o a � / / 1K D •/ r a O•R•6. 549, P6r.3(o 9 N. °• � � O.R.6. 599, P6r•3&o . Ir aq c' o •. 0 ' MARTIN G0 L) T`f 9 9 5 0uTH I.INt I I 4 , Sg GTION zs- 4 o- 4Z 5.89 4 �' 1 �" V►�• PALM 8 e AZ_ H GOLI NT Y CERTIFICATION 1 hereby certify that the description and Attached sketch of description war prepared in accordance with the Surveying Standards, Chapter 21 HH -6. Florid Administrative Code. set forth by the Florida Hoard of Land Surveyors, pursuant N Section 472.027, Florida Statutes, and Is true and correct to the best of m knowledge and belief. DATE: MAY 3 1 , 19 9 I S G A L EI I s 3 C ry C. Wlille Registered Land Surveyor No. 4213 Stale of Florida % REVISIONS-UPDATES DATE BY K' D Molt:: THIS IS NOT A SKETCH OF SURVEY brit only; NOV graphic depiction of the description shown hereon. Then has been no field work, viewing of the subject property, o monumenis set In connection with the preparation of 1W information shown hereon. NQIE: Lands shown hereon were not abstracted for right of -way and /or easements of record. JOB No. 90 -191 BYI 6F.uNO CHECKEDI PG.vV• .B, — PG. DATE St3o191 EXHIBIT "1" 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 Y 9 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 0 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 0 00'00" West, a distance of 83.22 feet to the POINT OF BEGINNING; thence North 90 0 00'00" East, a distance of 21.00 feet; thence South 00 °00'00" East, a distance of 30.00 feet; thence North 90 0 00'00" West, a distance of 4.00 feet; thence South 00 0 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 °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 0 00'00" West, a distance of 14.00 feet; thence North 00 °00'00" East, a distance of 30.00 feet, thence North 90 0 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. LAWSONr NOBLE & ASSOCIATESr INC. ENGINEERS PLANNERS TESTING SURVEYORS 420 COLUMBIA DRIVE WES'r PALM BEACH, FLORIDA PHONE (407) 684 -6686 SKETCH TO ACCOMPANY DESCRIPTION ti. 44 °45 °4o "G •O C . , l /Q p Z T ". 1 T/ N \ R• ass , � (� E CRE EK \ 0 4 a33 D R IV 3' E P.O.B. Aft ACCESS N NORTH LINE LOT 12 443 .13 EASEMENT 1IVUGATI � VALVE R= 755.00' N.W. CORNER p =0°55'36" N LOT12. A =12.21' BLOCK 5 CJ (P.B. 4. PG. 93) m I t1u0i LOT 12 ` 12' ACCESS 3 EASEMENT BLOCK 5 o a (9&5+ SQUARE 1 -0 o FEEn TURT LE CREEK VILLAGE 0 ° �) o a \ PLAT BOOK 4, 0 Z I N ° s PAGE 93 N 90.00'00" w P.O.B. — 12.00' UTILITY `\ EASEMENT w �- . �'� w S 19.00 21.00 / 90 E o o o ° o, o IRRIGATION C 1 0 ,� �O M M I O VALVE or p�` Z g .00. V) ExISTITiG N 90 W� ON 90 W euIom 4.00' ' � 11 C10 ° 5.90 +� / 10.10' c N 00 00 00 ��/ S 00 E UTILITY loop, \ �/ �� /� EASEMENT ° / O (1576+ SOAURE e h O / L�.� •tea �� 1� \ \ D�• CERTIFICATION i 1 hereby certify that the description and attached sketch of description were prepared In accordance with the Surveying Standards. Chapter 21 HH -6. Florida Administrative Code. set forth by the Florida Board of Land Surveyors. pursuant fo Section 471.017. Florida Statutes. and is true and correct to the best of my GAVE= knowledge and belief. I��• 30r s� GATE: XLAMOL 11 , 19 1 `�i/ /sty Per C. While Registered Land Surveyor No. 421 Stale of Florida REVISIONS-UPDATES DATE BY K' D NQJE: 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 properly. 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. 9 0-1 1 BY 1 15 RV"o ICHECKED P �•w F.B. - PG. - DATEI fo11 EXHIBIT "I" 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, t 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 0 00'00" West along said South line, a distance of 12.00 feet; thence North 00 0 00'00" East, a distance of 74.44 feet; thence North 89 °36'30" West, a distance of 23.21 feet; thence North 00 0 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