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HomeMy WebLinkAboutResolution_04-88/89_01/26/1989 i RESOLUTION NO. 4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING CERTAIN 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 TO 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 THOSE SETTLEMENT AGREEMENTS AND TO ACQUIRE THE PROPERTIES FOR THE VILLAGE OF TEQUESTA. WHEREAS, the Vilage 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 interest of the Village of Tequesta to acquire said properties through settlement negotiations where possible in lieu of eminent domain proceedings; and WHEREAS, the attached settlement agreements reflect specific terms and conditions to which these particular property owners 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 adopts and ratifies each 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 execute the attached agreements 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 William E. Burcka who moved its adoption. The motion was seconded by Councilmember Earl L. Colli and upon being put to a vote, the vote was as follows: f h I � f i i FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta William E. Burckart Ron T. Mackail Edward C. Howell Earl L. Collings I The Mayor thereupon declared the Resolution duly passed and adopted this 26th day of January 1989. i i MAYOR OF TEQUESTA Ron T. Mackail ATTEST; Bill C. Kasc elis Village Cler . VILLAGE OF TEQUESTA a Florida municipal corporation RIGHT -OF -WAY PURCHASE AGREEMENT TEQUESTA DRIVE PALM BEACH COUNTY, FLORIDA VILLAGE OF TEQUESTA PARCEL NO. 1 STATE OF FLORIDA COUNTY OF PALM BEACH THIS AGREEMENT made and entered into on this 1-1 day of D2L�✓I�Qr 1988, by and between Smiths, hereinafter referred to as SELLER, and the Village of Tequesta, a Florida municipal corporation, hereinafter referred to as PURCHASER. 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. I. DESCRIPTION (a) Real estate identified as Parcel 10 and shown on Right -of -Way Maps for the Village of Tequesta for Tequesta rive incorporated herein by reference. II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing ............................. OY TOTAL PURCHASE PRICE = 11, 8 S 0 , g 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: IY. 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: Ll al) a) BUYER: VILLAGE OF TEQUESTA, a Florida municipal corporation VI. FINAL ACCEPTANCE BY By.. VILLAGE COUNCIL Thomas Brad or , Village Manager By: DATE: . ►I LIAAGL OF TEQUESTA a Florida municipal corporation RIGHT -OF -MAY PURCHASE AGREElExT TEQUESTA DRIVE PALM BEACH COUNTY, FLORIDA VILLAGE OF TEQUESTA PARCEL NO. 24 STATE OF FLORIDA COUNTY OF PALM BEACH THIS AGREEMEXT made and entered into on this day of L ) C( - Ca• Aer 1988, by and between Community Feaeral• here na ter referred to as and the Village of Tequesta, a Florida municipal corporation, hereinafter referred to as PURCHASER. *Savings and Loan Association of Rivier a Beach VITNESSETH. 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. I. DESCRIPTION (a) Real estate identified as Parcel 7 A and shown on Right -of -May Maps for the Village of Tequesta for Tequesta Drive incorporated herein by reference. II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing ............................. ; 9,200 TOTAL PURCHASE PRICE ; 9,200 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that this Right -of -May 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. N 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. (j SELLER agrees to pay all taxes for the current year. night -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 suns which PURCHASER must expend to c'ear encumbrances shall be deducted at closing from the purchase price shown in Section I1. (f) Other: IV. CLOSING DATE This transaction shall be closed and the instrument of conveyance delivered within forty -five (45) days of j 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 t eir respective names on the date first above written. YIT11E SFS: SELLER: zle'4WLIAlj _IA 11 1 045, i . I �p/IMC/tly� C'EM�t tJV�T� �r "CE2AL .l�l rt►X -1 /_oov AlSO«AT���✓ °� !C'r►' /E kA �� Ate' I A (Seal) (Seal) BUYER: VILLAGE OF TEQUESTA, • Florida municipal corporation VI. FINAL ACCEPTANCE BY By VILLAGE COUNCIL Thomas TF Village Manager By: DATE: VILLAGE OF TEQUESTA a Florida municipal corporation RIGHT -OF -WAY PURCHASE AGREEMENT TEQUESTA DRIVE PALM BEACH COUNTY, FLORIDA VILLAGE OF TEQUESTA PARCEL NO. 14 STATE OF FLORIDA COUNTY OF PALM BEACH THIS AGREEMENT made and entered into this ,V - day of — &^- 111 1989, by and between BARNETT BANK OF PALM BEACH COUNTY, he einafter referred to as Seller and the VILLAGE OF TEQUESTA, a Florida municipal corporation, hereinafter referred to as Purchaser. 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. I. DESCRIPTION (a) Real estate identified as Parcel 14 and shown on the Right -of -Way Maps for the Village of Tequesta for Tequesta Drive incorporated herein by reference. II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing . . . . . . . . . .$55,000.00 TOTAL PURCHASE PRICE . . .$55,000.00 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. (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 is delivered to Purchaser in the same condition existing as of the date of this agreement. (d) Seller is responsible for delivering unemcumbered 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. (e) Purchaser shall restore the Seller's property as to any damage on -site after completion of construction. (f) Purchaser will prepare all documentation necessary to convey title to the Purchaser, and will deliver a legal description of the property to Seller. (g) Approval of the Board of Adjustment to the reduced size or number of parking spaces remaining on -site as a result of this acquisition is a condition of closin Seller will submit an application for variance to the FBoard of Adjustment for the meeting scheduled for March of 1989. If Seller does not submit an application in time to meet the deadline for the March 1989 Board of 'Adjustment meeting, this subparagraph (g) will be null and void. Buyer agrees to assist Seller in preparation, submission and presentation of the application for variance. ' Succes IV. CLOSING DATE ( 4 � , t This transaction shall be closed and the instrument of conveyance delivered within sixty (60) 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 initialled 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: JZW TTA R. PIBBL,4 BARNETT BANK OF PALM BEACH l ewu k119zaT16 COUNT By :_� /, O Its BUYER: VILLAGE OF TEQUESTA, a Florida municipal corporation VI. FINAL ACCEPTANCE BY By VILL GE COUNCIL Thomas Bradford, Vi age By: Manager • Date: AIM q >>eso VILLAGE OF TEQUESTA a Florida municipal corporation RIGHT -OF -WAY PURCHASE AGREEMENT TEQUESTA DRIVE PALM BEACH COUNTY, FLORIDA VILLAGE OF TEQUESTA PARCEL NO. 26 STATE OF FLORIDA COUNTY OF PALM BEACH THIS AGREEMENT made and entered into on this 25t day of J anuary , 1989, by and between Blairhouse Condomin. , hereinafter referred to as SELLER, and the Village of Tequesta, a Florida municipal corporation, hereinafter referred to as PURCHASER. 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. I. DESCRIPTION (a) Real estate identified as Parcel 26 and shown on Right -of -Way Maps for the Village of Tequesta for Tequesta Drive incorporated herein by reference. II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing ............................. $ 3,770 TOTAL PURCHASE PRICE $ 3,770 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that this Right -of -May 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. (Y 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 closinj. 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 s 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. WI SELLER: Pie S (seal) \ SQ (Seal) BUYER: VILLAGE OF TEQUESTA, a Florida municipal corporation VI. FINAL ACCEPTANCE BY BY VILLAGE COUNCIL Th omas B radford. Village Manager By: 4 � DATE: �'