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Home My WebLink AboutAgreement_General_07/10/2012 R 121Q 37 INTERLOCAL AGREEMENT FOR ENCLAVE ANNEXATION JUL 10 2012 THIS INTERLOCAL AGREEMENT is made on this day of , 2012 between the VILLAGE OF TEQUEST'A, a municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "VILLAGE," and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", each entity constituting a "public agency" as defined in Part 1, Chapter 163, Florida Statutes (2011). WHEREAS, Section 163.01, Florida Statutes (2011), known as the "Florida Interlocal Cooperation Act of 1969," as amended, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, and to thereby provide services and facilities which will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the "Florida Interlocal Cooperation Act of 1969" permits public agencies as defined herein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 18 of Chapter 93 -206 of the Laws of Florida created Section 171.046, Florida Statutes, providing for annexation of certain enclaves by entering into an interlocal agreement between the municipality and the county having jurisdiction over such enclaves; and VVMREAS, Section 171.046, Florida Statutes, limits annexation by interlocal agreement to enclaves of ten (10) acres or less in size; and WIIEREAS, Section 171.031 (13) (a) and (b), Florida Statutes, as amended by Chapter 93 -206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the Village have determined that it is appropriate and will promote efficient provision of governmental services for the Village to annex certain enclaves; and WHEREAS, it has been determined by the Village and by the County that the parcels to be annexed via this interlocal Agreement meet the requirements set out in Sections 171.031 (a) and (b), and 171.046, Florida Statutes, as such enclaves are developed or are improved, are ten (10) acres or less in size, and are completely surrounded by the Village or are surrounded by the Village and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the Village; and WHEREAS, the Village's Comprehensive Plan Future Land Use Element calls for the Village to G4 consider annexation of neighboring areas that are consistent with the character of the community, which can be provided facilities and services consistent with the levels of service standards established by the Village and which discourage urban sprawl" and the enclaves identified for annexation in this Interlocal Agreement are in the Village's annexation strategic plan analysis dated April 14 and November 10, 2011, and have been approved for annexation by the Village Council; and Page 1 of 4 WHEREAS, the County and the Village agree that the parcels to be annexed via this Interlocal w . a Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and County zoning and subdivision regulations until the Village adopts a comprehensive plan amendment to include the parcels to be annexed in the Village's comprehensive plan, NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of the Agreement is to allow annexation by the Village of Tequesta of certain unincorporated enclaves, which are identified in Exhibit "A" attached hereto and made a part hereof. Section 2. Definitions The following definitions shall apply to this Agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031(13) (a) and (b), FZoridda Statutes, as adopted by the Legislature in Chapter 93 -206, Section 15, laws of Florida 2. "Act" means Part 1 of Chapter 163, Florida Statutes. 3. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. Section 3. Annexation of Enclaves The unincorporated enclaves identified in Exhibit "A ", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the Village of Tequesta. Section 4. Effective Date This agreement shall take effect upon execution by both parties. Section 5. Filing Upon execution by both parties, a certified copy of this Agreement shall be filed with the Clerk of Circuit Court in and for Palm Beach County. Section 6. Notification The Village hereby acknowledges that it has provided written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm Beach County Property Appraiser and Tax Collector. The written notice describes the purpose of the Interlocal Agreement and states the daze, time, and place of the meeting of the Village Council of the Village of Tequesta where this Interlocal Agreement is to be considered for adoption. The written notice also indicates the name and telephone number of the Patin Beach County staff person to contact regarding the daze, time, and place when the Board of County Commissioners is to consider the adoption of this Interlocal Agreement. Page 2 of 4 Section 7. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 8. Severability In the event any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the r emainin g portions of this Agreement, and the same shall remain in full force and effect. Section 9. Entire Agreement & Counterparts This Agreement represents the entire understanding between the parties, concerning the subject, and supersedes all other negotiations, representation, or agreements, either written or oral, relating this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. VILLAGE OF TEQUESTA ATTEST: °��,�P.... . �j:�•, Tom Paterno, 61,E m CG(�LEP,C C-� 0 0 RPO CD (Seal) .�. Lori McWilliams, MMC, V44 l] SA..M �'-►'• c�9Pp< m -- ^APP v to and Leg Sufficiency 4 e - pF4 195 eith W. Davis, onney ATTEST: i� 2012 3 7 JUL 1 2012 SHARON R. BOCK, Clerk &,- �� C1 T Y " ��, PALM BEACH COUNTY, FLORIDA Comptroller G` CO it 'a,, BY ITS BOARD OF COUNTY COMMISSIONERS By: Y v� By: in Deputy Clerk ''4, Shelley Vana, C APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: As istant County Attorney Page 3 of 4 Exhibit A Parcels by Enclave Page 4 of 4 Exhibit A County Line Road Unincorporated Enclave Areas PCN Property Address Owner Acres Legal Description Enclave 1 4534 County Line Rd Mortensen, Kenneth & 5- 40-42, N 140 FT OF W 65 FT OF E 00- 42- 40- 25 -00- 001 -0170 Mortensen Vanessa R 0.1492 15 FT OF GOV LT 1 (LESS N 40 FT COUNTY LINE RD R/W) 00- 42- 40- 25 -00- 001 -0010 4518 County Line Rd Reed, Mary Jo 0.6554 , 5-40-42, E 150 FT OF N 190 FTOF Enclave 2 00- 42- 40- 25 -00- 000 -1140 4412 County Line Rd Lawrence, Beth & 0.46 5- 40 -42, E 100 FT OF W 520 FTOF N Lawrence, Timothy 0 0 FT OF NW 1/4 OF NE 1/4 Enclave 3 4480 County Line Rd 5- 40-42, W 1/2 OF E 1/4 OF NW 1/4 0042- 40- 25 -00- 000 -1130 Johnson, Harriett F 0.84 OF NE 1/4 (LESS S 30 FT OF N 63 FT OF W 20 FT & PB52 P40) County Line Rd 5- 40-42, S 30 FT OF N 63 FT OF W 20 Environmental District 00- 42- 40- 25 -00- 000 -1131 m River 0.0138 FT OF W 1/2 OF E 1/4 OF NW 1/4 OF Enviroent NE 1/4 Source: Property Appraiser Data Vt LLAGE OF TEQUESTA COUNTY L NE ROAD UNMCORPORATED ENCLAVE AREAS Table 11, General Descript Future Future Land Use Zoning Land Use Zoning 00424025000010170 MORTENSEN KENNETH 8t 1 4534 County Line Rd, MORTENSEN VANESSA R 0.1492 LR -3 AR MD R -2 4518 County Line Rd. 00424025000010010 REED MARY JO 0.6554 LR -3 RS M® R -2 4412 County Line Rd. 00424025000001140 LAWRENCE TIMOTHY & 3 LAWRENCE BETH 0.46 MR -1 RS LD R -1 4 4480 County Line Rd. 00424025000001130 JOHNSON HARRIETT F 0.84 LR -3 AR LD R -1 LOXATHATCHEE RIVER County Line Rd. 00424025000001131 ENVIRONMENTAL 0.0138 LR -3 RS LD R -1 5 DISTRICT TOM 201184 motes: Per Palma Beach County Future Land Use and Zoning Designations: LR -3: Low Density Residential, 3 units per acre. I`wfi'R -1: Medium Density Residential, 5 units per acre. RS. Residential Single - Family. AR: Agricultural Residential. Per °,419Gage of Tequesta Facture Land Use and Zoning Designations: MD- Medium Density (5.4 e 12.0 D.U's per acre). LD- Low Density (Maximum 5.4 D.U's per acre). R -1- Single Family Dwelling District. R -2- Multiple Family Dwelling District.