HomeMy WebLinkAboutResolution_06-88/89_03/30/1989 • RESOLUTION NO. 6 - 88/89
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING
SETTLEMENT 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 THIS SETTLEMENT AND EXECUTE DOCUMENTS
NECESSARY TO EFFECTUATE THE SETTLEMENT; 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 THIS
SETTLEMENT AGREEMENT 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 certai
rights -of -way needed for improvement of Tequesta Drive in Pal
Beach County, Florida; and A
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 o�
Tequesta to acquire said properties through settlemen
negotiations, where possible, in lieu of eminent domai
proceedings; and
WHEREAS, the attached settlement agreement reflects specifi
terms and conditions to which this particular property owner(s)
is agreeable, pending approval by the Village of Tequesta; and
WHEREAS, this agreement requires approval, ratification and
i 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 adopts and ratifies the
specific settlement agreement attached hereto and incorporated
herein.
Section 2. That the Village Council, Village Manager and
Village Attorney are hereby authorized and directed to executo
the attached agreement 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 Ron T. Mackail who moved its adoption.
The motion was seconded by Councilmember Edward C. Howell anc
upon being put to a vote, the vote was as follows: u
i
2 -
FOR ADOPTION AGAINST ADOPTION
William E. Burckart
Joseph N. Capretta
Earl L. Collings
Edward C. Howell
Ron T. Mackail
i
The Mayor thereupon declared the Resolution duly passed and
adopted this 30th day of March 1989.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Bill C. Kascavelis
Village Clerk
VILLAGE OF TEQUESTA
a Florida municipal corporation
RIGHT -OF -WAY PURCHASE AGREEMENT
. TEQUESTA DRIVE PALM BEACH COUNTY, FLORIDA
VILLAGE OF TEQUESTA PARCEL NO. 17
STATE OF FLORIDA
COUNTY OF PALM BEACH
THIS AGREEMENT made and entered into on this day of ,
1989, by and between -First Union National , hereinafter referred to as SELLER,
and the Village of Tequesta, a Florida municipal corporation, hereinafter referred
to as PURCHASER.
Bank of Florida
WITNESSETH,
For and in consideration of the mutual covenants and conditions herein
contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the
following property upon the following terms and conditions.
1. DESCRIPTION
(a) Real estate identified as Parcel 17 and shown on Right -of -Way
Maps for the Village of Tequesta for Tequesta — Five incorporated herein by
reference.
II. PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER
at closing ............................. $ 15
TOTAL PURCHASE PRICE $ 15,000
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Right -of -Way Purchase Agreement
is executed by PURCHASER subject to final acceptance by the Village Council
of the Village of Tequesta at an open public meeting held in accordance with
applicable Florida Statutes. Notice of final acceptance shall be evidenced
by the signature of PURCHASER in Section VI herein and delivery to SELLER within
ten (10) days of acceptance.
(b) SELLER is responsible for all taxes due and owing on the property
as of the date of closing.
( ) SELLER agrees that all current taxes for the year in which this
agreement is made on the property acquired shall be prorated and SELLER agrees
to pay his and /or her share of said prorated taxes as of the date of closing.
( ) SELLER agrees to pay all taxes for the current year.
Right -of -Way Purchase Agreement
Page 2
(c) Any extension of occupancy beyond the date of closing must be
authorized by the PURCHASER in writing. During the period from the date of
closing until the SELLER surrenders possession to the PURCHASER, the SELLER
shall exercise diligent care in protecting the property from theft and vandalism.
All personal property included in the purchase price shall be delivered to
PURCHASER in the same condition existing as of the date of this agreement.
(d) SELLER is responsible for delivering unencumbered title to PURCHASER
at closing. Any sums which PURCHASER must expend to clear encumbrances shall
be deducted at closing from the purchase price shown in Section II.
( f ) Other:
IV. CLOSING DATE
This transaction shall be closed and the instrument of conveyance delivered
within forty -five (45) days of the date of final acceptance by the Village
Council.
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto
as Addenda, and initialed by all parties, shall control all printed provisions
in conflict therewith.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed in their respective names on the date first above written.
WITNESSES: SELLER:
(Seal)
(Seal)
BUYER:
VILLAGE OF TEQUESTA, a
Florida municipal corporation
By:
Thomas Bradford,
Village Manager
I Right -of -Way Purchase Agreement
Page 3
VI. FINAL ACCEPTANCE BY VILLAGE COUNCIL
By:
DATE:
VILLAGE OF TEQUESTA
`3 Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469 -0273 • (407) 575 -6200
' FAX: (407) 575 -6203
N �
C
MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: March 23, 1989
SUBJECT: Resolution No. 6 -88/89
Attached hereto, please find a copy of the above referenced
with a copy of the tentative Right -of -way Purchase Agreement for
that parcel of land owned by First Union National necessary for
the construction of Tequesta Drive. This is that parcel located
at the northeast corner of the intersection of Tequesta Drive
and Old Dixie Highway. Mr. Gary Van Brock is the agent for this
corporation. The purchase price of $15,000 is the appraised
value as determined by our appraisers, Callaway & Price. Your
approval of this Resolution and purchase is recommended.
TGB/ j mm