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HomeMy WebLinkAboutResolution_08-88/89_03/30/1989 • RESOLUTION N0. 8 -88/89 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING TENTATIVE SETTLEMENTS FOR ACQUISITION OF LAND FOR ROAD CONSTRUCTION AND IMPROVEMENT OF TEQUESTA DRIVE IN PALM BEACH COUNTY; AUTHORIZING THE VILLAGE COUNCIL, VILLAGE MANAGER AND VILLAGE ATTORNEY TO APPROVE AND RATIFY THESE SETTLEMENTS AND EXECUTE DOCUMENTS NECESSARY TO EFFECTUATE THE SETTLEMENTS; AUTHORIZING AND DIRECTING THE VILLAGE COUNCIL, VILLAGE MANAGER, VILLAGE ATTORNEY AND VILLAGE STAFF, AS IS APPROPRIATE TO TAKE SUCH FURTHER ACTIONS AS ARE NECESSARY TO ACCOMPLISH THE TERMS OF THESE SETTLEMENT AGREEMENTS AND TO ACQUIRE THE PROPERTY FOR THE VILLAGE OF TEQUESTA. WHEREAS, the Village of Tequesta has adopted Resolution No. 3 -88/89 authorizing and approving the acquisition of certain rights -of -way needed for improvement of Tequesta Drive in Palm Beach County, Florida; and WHEREAS, the Village of Tequesta has found that said improvements are a public necessity and has set aside funds to acquire those rights -of -way; and WHEREAS, it is in the best interests of the Village of Tequesta to acquire said properties through settlement negotiations, where possible, in lieu of eminent domain proceedings; and WHEREAS, tentative settlement agreements have been reached which reflect specific terms and conditions to which these property owner(s) are agreeable, pending approval by the Village of Tequesta; and WHEREAS, these agreements require approval, ratification and execution by the Village Council, Village Manager and Village Attorney to be legally enforceable; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, AS FOLLOWS: Section 1. That the Village Council authorizes the amounts of the settlements as attached hereto and incorporated herein. Section 2. That the Village Council, Village Manager and Village Attorney are hereby authorized and directed to execute the final settlement documents as may be appropriate to formally acquire the property for the Village, and are hereby authorized and directed to take such further actions, either themselves or through staff, -as are reasonably required. THE FOREGOING RESOLUTION was offered by Councilmember Edward C. Howell who moved its adoption. The motion was seconded by 10 Councilmember Ron T. Mackail and upon being put to a vote, the vote was as follows: i I ' I 2 - FOR ADOPTION AGAINST ADOPTION W E. Burckart Joseph N. Capretta Earl L. Collings Edward C. Howell Ro T. Mackail The Mayor thereupon declared the Resolution duly passed and adopted this 30th day of March 1989. i MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: IBill C. Kascavelis Village Clerk i T� P Gf v v � VILLAGE OF TEQUESTA Post Office Box 3273 0 357 Tequesta Drive i Tequesta, Florida 33469 -0273 • (407) 575 -6200 E� FAX: (407) 575 -6203 b y C M EMO RANDUM ; TO: Village Council FROM: Thomas G. Bradford, Village Manager -� DATE: March 30, 1989 SUBJECT: Tentative Settlement Agreements Reached for Parcels 21 and 12 Tequesta Drive Improvement Project This is to request authorization to proceed with tentative Settlement Agreements reached with property owners of the above parcels as follows: o Parcel 12, Tequesta Corporate Centers Partners (property at southeast corner of Tequesta Drive and Old Dixie Highway) In regard to this parcel, we have reached a tentative settlement agreement of $22,800. Based on our best estimates, the original appraisal amount of $13,700. will be increased to at least $15,600. As you will note, the difference between the amount acceptable to the property owners and anticipated appraised value is $7,200. In light of the fact that each individual suit is expected to cost the Village in excess of $10,000, we think this to be a reasonable figure. o Parcel 21, Inlet Professional Building Our original offer to this property owner to the parcel required to the right -of -way was $5,550, which was the appraised value as of April 1987. The property owner counter offered with an amount of $25,000, which offer was based on the property owners feeling that he is losing two parking spaces. In the course of lengthy negotiations with the owner, we have arrived at an amount of $10,000, which is acceptable to the Administration and the property owner. Again, expenses for continued litigation will be in excess of $10,000 and we believe it is in the best interest of the Village to limit its legal confrontations with taxpayers. I am hereby requesting authorization to proceed with purchasing the parcels above for not more than the above amounts. Your approval is requested. TGB /WKH /mk • •