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HomeMy WebLinkAboutAgreement_Water Service_04/28/1986 p O M ro �4 p t6 (a Lu u� "0 ^ \' ' o h m O 't7 ' }a fA u V ' '^ D ay - 0 V � cn � m •� CO r O a X O O o y G` ' .' • . Q Cl WA U1 - y 't✓ i i'_": f -- >� m i. _ > \� H W al .� I o O 4-4 O aJ ro -c m. O O O U CA ` @ .4 O • O C'+ a) •,1 O Q s _ « ? 2 �i Ii= (D Q " ::1 Ol 4.J U O R'I O > : a) C! ci s ti — 0 P4 D, r c v 0 '0 1 a 4 U s o � c Ll a r N d O c i - r; E5 W cd p 1 1 m cd O a) m U O r1 t (A m H: t' "r,' c H Pa u I «f �+ '0 H ,C a) cd H ro y� m E 7, : U C; c ° C1 1 +, co -o is * - b co 4 G aJ .0 P o- . � 16- O - O o � - 0 , �� � .-� m � m ,� 4 PQ -o i a° w O "' -ri as w _°c c s p o 3 _0 ° m i - dam y rooms cn o ° o mm a �I c � ° o o O .E to Q M •rI d ^ M H = m U m E r t -H r^I Pa co b a ... L m a) : ` 0 x a i m n ri 1 -I �+ �+ sm. 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E 0 _ w ca -v F• - .,. ,n E > ri +� O 4J - p ,'n m — a '±n m ,p ,._ ;• ai O I ri m a) >% co O ca �. o w i Q) 'n i!/ \, O a T c n°. p b r I y N -W ca to O O 14 ri V m m m .i:r c c E a ' Cl) cq a) r 1 cn ro Pa \ w m 3 �, +� c �a+ �e 3 a mu S- w m E m I p a n O a) ao a G u o m� m il..r p a m C •rl a) •ri ysC�►t ri m en -0 t� c - 'p � o � U > v 4) V Sa 4J f7 }4 i-4 1 1�1 '^ O m 'n i `O ` s m p ' vi a. N _ w s7 4`.c Q m p i G -0 J-1 bO >-, U)' -H co a) m 0 • C '^ s m w L� ". S ��' m m O \: \... ; s a IL min 3 w � 'A 3 .> o b d 0 o •p Q m 'c 0) 4) r- J wet E m o v x s" iiiiiii O m m o ii m n. ° ot H `. CO H H H PQ� w c v h u y O p vQ g i TbLEZT 98 6S :E Ord 61 OW 90 0 T ET d T88 VILLAGE OF TEQUESTA Tequesta, Florida 33469 -0273 • (407) 575 -6200 t FAX: (407) 575 -6203 y' /- January 30, l Mr. Kim M. Smolka 7 -C Turtle Creek Drive Tequesta, Florida 33469 RE: Abandonment of Road; 30 Foot Right -of -Way for Country Club Drive.South of Tequesta Drive Dear Mr. Smolka: This is in furtherance of yours of January 24th and our telephone conversation on January 26th regarding the above - referenced. On June 23, 1988, the Village Council reviewed a request of Gary Van Brock for the abandonment of the aforementioned 30 foot right -of -way. At that time, the Village Council indicated that it would be willing to pursue this further, taking the appropriate steps to effectuate.Mr. Van Brock's request by conducting a public hearing upon addressing the landscaping and irrigation of the Bayview Terrace Subdivision frontage along Tequesta Drive. This landscape improvement was completed the summer of 1989. Therefore, should you wish to further pursue this process, my suggestion to you would be that you prepare a petition to the Village Council requesting the abandonment of the roadway in question. The petition should clearly state that which you seek from the Village Council and include as many signatures of abutting property owners as you are able to acquire. Thereafter, you can submit the petition with a cover letter of request to the attention Of Scott D. Ladd, Building Official requesting that the Village Council give consideration to conducting the necessary public hearing to consider this road abandonment. Apparently, there are no State statutes relative to municipal procedures for road abandonment. Therefore, our Attorney recommends that in such cases, that municipalities follow the procedures setforth by the State statutes for County road abandonment. I have attached a copy of the applicable Florida Statutes hereto for your reference. Please note that F.S. 336.12 appears to require abutting property owners to receive an equal part of the proposed abandonment. ,j VILLAGE OF TE UESTA 7 Te yu .sta ter... Tequesta, Florida 33469 -0273 • (407) 575 -6200 ' FAX: (407) 575 -6203 M January 30, 1990 Mr. Kim M. Smolka 7 -C Turtle Creek Drive Tequesta, Florida 33469 RE: Abandonment of Road; 30 Foot Right -of -Way for Country Club Drive South of Tequesta Drive Dear Mr. Smolka: This is in furtherance of yours of January 24th and our telephone conversation on January 26th regarding the above - referenced. On June 23, 1988, the Village Council reviewed a request of Gary Van Brock for the abandonment of the aforementioned 30 foot right -of -way. At that time, the Village Council indicated that it would be willing to pursue this further, taking the appropriate steps to effectuate.Mr. Van Brock's request by conducting a public hearing upon addressing the landscaping and irrigation of the Bayview Terrace Subdivision frontage along Tequesta Drive. This landscape improvement was completed the summer of 1989. Therefore, should you wish to further pursue this process, my suggestion to you would be that you prepare a petition to the Village Council requesting the abandonment of the roadway in question. The petition should clearly state that which you seek from the Village Council and include as many signatures of abutting property owners as you are able to acquire. Thereafter, you can submit the petition with a cover letter of request to the attention Of Scott D. Ladd, Building Official requesting that the Village Council give consideration to conducting the necessary public hearing to consider this road abandonment. Apparently, there are no State statutes relative to municipal procedures for road abandonment. Therefore, our Attorney recommends that in such cases, that municipalities follow the procedures setforth by the State statutes for County road abandonment. I have attached a copy of the applicable Florida Statutes hereto for your reference. Please note that F.S. 336.12 appears to require abutting property owners to receive an equal part of the proposed abandonment. Mr. Kim M. Smolka January 3U, 199U Page 2 - ----------------------------------- I wish to take this opportunity to inform you of one potential pitfall in this matter. There is a relatively large tract of land lying south of the Bayview Terrace Subdivision, west of the Shady Lane Subdivision and east of the Tequesta Country Club Subdivision. A cursory review of maps of the area appears to indicate that the 30 foot right -of -way that you wish to have abandoned may be the only remaining acceptable means of ingress and egress for this tract of land in the event that subdivision of the same is desired in the future. Should this prove to be the case, I do not see how the Village could legally pursue your desired abandonment. Should you wish to continue to pursue this matter, please coordinate all applicable actions with the offices of Scott Ladd, Building Official. Mr. Ladd would be requested to comment on any proposed abandonment from a community development prospective while passing on public safety and public works concerns generated internally to the Village Council upon presentation of this issue to that body. Mr. Ladd's telephone number is 575-6220. If we can be of any further assistance, please feel free to contact us. Very truly yours, yO Thomas G. Bradford Village Manage TGB /mk Attachments cc: Scott D. Ladd, Building Official January 24, 1990 ° Mr. Kim Smolka 8 �f� 7 -C Turtle Creek Drive ® Tequesta, Florida 33469 Mr. Tom Bradford Village Ma OF Village of Tequesta 9 357 Tequesta Drive Tequesta, Florida 33469 Dear Tom: I recently purchased a parcel of land in the Village of Tequesta. The property is located at 14 Bayview Terrace, (lot #10 on the enclosed map). The lot is irregular in shape and unfortunately, not very deep. As I'm sure you are aware, the village has a 30 foot easement that runs the entire length of my lot (270 feet) as well as, the other.property owners in Bayview Village and Tequesta Country Club. It is my understanding that the village offered to abandon this easement some time ago. The owners of property in Bayview Village agreed to the Village of Tequesta's offer but the own- ers of property in Tequesta Country Club did not. If the other owners of property in Bayview Village whose prop- erty borders the easement agree to it, and I think they will, I would ask the Village of Tequesta to abandon the entire ease- ment, less any restrictions for utilities etc., to the appro- priate property owners in Bayview Village. As far as I can tell, the village is not "using" this land for anything, nor is it planning to in the future. More important- ly, no tax revenue for the village is being generated by this property. Obviously, if the easement is abandoned, this will change. No longer will a dirt road, that generates no revenue and is an eye -sore, cut between two otherwise beautiful de- velopments. In short, abandoning the easement would be in the best interests of all parties concerned. I look forward to discussing this with you further, at your convenience.. Please feel free to call or write me at any time. My home phone number is 743 -0373. Thank you for your time and consideration. Sincerely, ;V� /;W. JA04& Kim M. Smolka enc. r s � / ` + _ a r ' 1 505, 1 f IN6./ • " Vf:� • ; o� / 506' g @ 6 .510 a cJ ti 2B •p a •� " 7� t t 1 i. s 4ir : �1 56 t a /s r50 rt 508 icy L PORTAL DR.- y CUE"s o ^ 578; 59/ ,�, 592 " ao• X 56 4 : 5 W 578 .e' w V .37Na •92e. _ ' _ 57"- '� dGk N ' � �a 57 o r 579 . 590 ° 593 V ��t 4 - SAYVAEW 7ERR lS 5 STS, 58G� 5 594 6 �� �, � /.a °' .. ors . •' 1;' _ . +' q:.^ . . �1 8 7 /6 J 5 6 7 574 L .58/ 5 8 8 595 •rrs 3/ ,� 3d,,.. JA► r I` h j• k` • .. V3 4 3• /7 ,�s �► � f �, 568 573 582 58 396 5 � T 4 a 5 69 t,572' �1 8583 ° = �� \, 597 8 �AYVIEW CT, / >o } ;r 15�70 5T1 `� 58 4 585 59$ '� 2 °Z ' o � ; � � ... �7I 111 � . e /� n (': '�►'u►'�i�c ;: '' � �, '�? a Al y6', ;► ,.,SEE 42 -40-6 9 a 8' 7 6 0 5 w 600 g t r ',r r IDG.Gi" bb•75 1 9 y nb' ice' iee' _J h 60/ h .;. l D 602 3. 6 02 y �c n ' 607 70 ,1 603 r 605 X604 J 1 _ CODED IN ;SEC 26 - --� r t �I a� "r . 'P 1 VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575 -5200 ' FAX: (407) 575 -6203 November 1, 1989 Mr. Harrison B. Smith 52 Yacht Club Place Tequesta, Florida 33469 RE: Thirty (30) Foot Right -of -Way Extension of Country Club Drive South of Tequesta Drive Dear Mr. Smith: Mr. Earl Collings, Village Councilmember, has shared with me a communication that he received from you regarding the above - referenced subject. At Mr. Collings' request, I have reviewed the matter and have discovered the following: o A review of a survey and plat of the area in question reveals that the southerly extension of the Country Club Drive right - of -way south of Tequesta Drive is only thirty (30) feet in width. o On June 23, 1988, Mr. Gary Van Brock, a builder of single - family homes within Bayview Terrace requested that the Village Council consider abandonment of the aforementioned thirty (30) foot right -of -way. The Village Council was willing to pursue this further by conducting a public hearing only upon landscape and irrigation improvement of the Bayview Terrace Subdivision frontage which abuts Tequesta Drive. A public hearing has not been conducted nor has one been requested. Therefore, the Village Council has never abandoned the thirty (30) foot right -of -way in question. o A review of the survey of the property in question and the Fence permit indicates that the fence was built on that person's property. o I have personally reviewed the location of the fence constructed on that property due east of yours and have found that it appears to have been constructed upon that person's private property and as such, does not encroach upon the thirty (30) foot right -of -way. It is my personal opinion that the odds are against the issue of abandonment of this right -of -way being requested again by Mr. Van Brock. Subsequent to Mr. Van Brock's original request, several of your neighbors to the north and south had expressed displeasure with such a potential abandonment. Thus, the Village Council is now in 'V Mr. Harrison B. Smith November 1, 1989 Page 2 - ------------------------------ possession of information both pro and con. By law, if the issue of abandonment should come to fruition, you will be provided appropriate notice well in advance of any meeting to discuss the same so that the input of you and your neighbors can be received in this regard. Should you have any questions regarding this matter, please feel free to contact me directly. Very truly yours, Thomas G. Bradford Village Manager TGB /mk cc: Earl L. Collings, Village Councilmember k - -;.� #�. ? 's:.�}r � � r � � • r,• �' ,a t ., f s"` `'�� =i 3 ` $' ..'i4: � ,* 1 -.i: � K� { � a ; l' `r;`E�" 4"� yS• " t t' � �$,,,� '�'r •,�, -'�� :- 2�1 �� r ; , ,�,� � -� k:- a k� �.. ai'h a t r � �� � � : �. z' Art. IV, § 9 TEQUESTA CODE Art. V, § 2 When a school site has been designated in a plat the site shall be reserved for a period of one year from. date of re- 4 f cording. If the Board of Public Instruction fails to purchase Y the site, or to make arrangements satisfactory to the subdi- vider for the acquisition of the site within the one year period, a R_` the subdivider may replat the reserved school site. (Ord. No. 293, 1,4- 28 -81) ARTICLE V. IMPROVEMENTS PRE - REQUISITE TO FINAL APPROVAL Prior to the granting of approval of the final plat, the sub- divider shall have installed, or shall have furnished bond as 4 required in ARTICLE II, Section 5, for improvements for the t # y ultimate installation of the following tangible improvements, < in accordance with the plans and specifications approved by the r ' Village Manager as are required in order to assure the physi- K� cal reality of a subdivision which approval and recordation Rill <_ sty establish legally. All construction under this Article shall be subject to the inspection of the Village Manager. r.' b E: Section 1. Permanent reference monuments. 5 (1) Monuments shall be placed at the intersection of center Y t W, line of all streets, angle points, points of curves in streets and at intermediate points . as shall be required by the Village Manager. The monuments shall be of such matex size and l length as may be approved by the Village Manager, and he 9 may, if deemed advisable, waive installation in certain in- stances. (2) Permanent reference monuments shall be as required i by the State Plat Law. r _ Section 2. Grading. s shall be g rade to their All streets, cross -walks and alley g full width by the subdivider in accordance with the Village specifications. Due to special topographical conditions deaia- it Supp. No. 9 1240 T D t I 9 s.:r:;8d r.:, rY - i y. .1+':'!( ,rq,.` w& • .b , ". - ff�: a.. �. w m:,;ruc—} �� ate. '� r .- F.�.+..p ;_. �, .8 - 5 :. �a"� '�' t � ;� '�r�d''�' �,.�.. r.. �' - a "' t' `` , �` '�`'"'�''.S2'r S , e zi • �`' 'S , a�� - ; �- - �F �, �'j�z ��`. ' 1.�.3 +{' t .xs :. -?. c -'- _ t - 4,.:.Z , 3c' x - ; 8`3?�#`i . `' d 4 J�'?ir t .s d �,_: , � 3 - i •fm ''rS : _'s. :. 4e 5:.: a'f - Y e� �.. y ' � j E e `'n i. t �"K`: � ,, -- �% ��, A-.sp�'•d%l,T' 6 i;"'2 x • �"+ w * - , :i �.. � p tt: v.. -' , H F:�,.a .art �� � e '# '��' , .,� > �` : "� )iZ' , +�• : � : ^ i ' = ;�`. s ''4 _ � - .. r. rA CODE Art. V, § ,' Art.. V, - § 2 APPENDIX B— SUBDIVISION Art_ V,, §' 5 n designated in a plat the situ i of one year from date of re- tion to the above will be allowed only with special approval of is Instruction fails to purchase the Village Manager. cents satisfactory to the subdi- site within the one year period, Pection 3. Storm drainage - -Curbs and.gutters. ;erved school site. (Ord. No. 293, 4 r. Curbs, gutters and adequate drainage system including neces- sary open ditches, pipes, culverts, intersectional drains, inlets, ENTS PRE - REQUISITE TO _: bridges, etc., shall be provided for the proper drainage of all / ,PPROVAL fi surface water, both within the subdivision. and to ultimate �,/ outfall. Cross drains shall be provided to accommodate. all rroval of the final plat, the sub -' natural flow and shall be of sufficient length to permit full ..: r shall have furnished bond as ri . width roadway and required slopes. Required drainage shall ion 5, for improvements for the ' be provided in accordance. with standard specifications. Such flowing tangible improvements, construction shall be subject to the inspection of the Village td specifications approved by the L= Manager and subjected to issuance of permits. ed in order to assure the physi- E ch approval and recordation will Section 4._ Paving. Lion under this Article shall be Village Manager. ` All streets of the subdivision shall be paved by the subdi- vider in full accordance with the specifications for paving offi- cially adopted by the Village of Tequesta. Such construction e monuments. shall be subject to the inspection of the Village Manager and ;ed at the intersection of center be subjected to issuance of permits. Minimum widths of all points of curves in streets and, pavings shall be not less than the following: ill be required by the Village r (a) - Primary Streets -24 feet. 11 be of such material, size and b : Streets -20 feet. the Village Manager, and he (� Secondary Y rive installation in certain in- (c) Arterial Streets -40 feet or over. To be determined by the Council. Any pavement costs in excess of 40 feet ,� will not be imposed upon the subdivider, but will be the onuments shall be as required responsibility of the Village, County or State. - (d) Individual Streets -40 feet. . Section 5. Sidewalks. alleys shall be graded to their in accordance with the Village Sidewalks shall be required in all residential, multiple family topographical conditions devia- and business ; areas and along all arterial highways. Side - walks shall be five (5) feet in width or greater. 1241 3 gYt.V, § TE@TJESTA CODE to the eleva- 6. Fill: Villag oval e yanager. j Section laced in the entire by thelion r Fill shall be v presc ribe meet the a pp settlement: v d bons, after to an test of the fill wire soil .. Th t of fill shall er swhof shall req . streets or other 1 ; Th e Man ager' } the balance of the Villag in material, in areas ie fill for and the underly Th g to be eg '�ocated. istered engineer as are if ied by a r public facilities _ be cep or the subdivider hall atement } the subdivision may _ . the latte of place method of. plac ement, . to type and method urposes. a statement and of for certification p 1 being for in formation n nt 1 and fire k�Yaxa supply connected with the Z. Water pp P roperly e uately Section fire hydr ants. prop to adequately i ains and xovided r both domestic Water m 1 system shall be e lat fox ect to the Village water suvv y the subdivision v be sub3 serve all lots show ion. All extensions shall xal water ro and the Florida S tine a l B 'Na e of use and fire v anager with the g approval of the Village Mhall conform Health. _All ext distribution plan for the Sewers, arty connected Section 8. Sanitary sewer mains vide Yn addition to ere passible sanitary xovided. yVli stem shall be e each platted lot and Y se werage sy installed to ` with the city hall be future conneetion- ewer mains, laterals s line for f ect to the S stubbed off at the vr 0 p erty s .. o stem shall also be use individua The sanitary sewer SYs ealth. The be connected to Boar of H maY.eitted. septic tan app rOval °f the State suer sy stem k:, vahexever a shall lo t be 1? the Village sewerage sy stem: e signs. _ shall be Section 9. Street nam to city speCificatio he street C' carrying nd e signs o f all streets a signs a Street nam The type coon of at the intersectio division plat. of installed. the sub ivi the approval and • inames apvxoved on m e et w their location shall the'tillage Manager. -1242 � ;S�~*�xt- �` y.1/ . "i.'� '-., _ R ,.tom.- - s ' _ S . -:� �' •lam ' {.. E t,' [Y+a k W Art. V, § 10 APPENDIX B. SUBDIVISION Art. VI, § 4 'EQUESTA CODE Art. V, § 9 Section 10. Engineering expenses. n the entire subdivision to the eleva The subdivider shall reimburse the Village for engineering expenses incurred by the Village, directly related to the subdi- prescribed. by the Village .Manager. vision. Where the benefits derived from engineering studies satisfactory to and meet the approval LP O and designs are general in scope and encompass an area who shall require soil test of the fill erial, in areas in which streets or other greater than that being platted, the costs shall be proportioned .. be located. The fill for the balance of according to. the benefits derived. The amounts or portions of certified by a registered engineer as the costs to be borne by each area will be in accordance with lacement or the subdivider shall submit formula provided by the Village Manager. �d of placement, the latter statement ARTICLE_ VI. VARIANCES, SEVERABILITY, PENALTY A for certification purposes. F and fire hydrants. Section 1. Hardship. a Where the Council finds that extraordinary hardships may hydrants properly connected with the stem shall be provided as to adequately result from strict compliance with these regulations, it may the subdivision plat for both domestic recommend the variance of the regulations so that substantial All extensions shall be subject to the h justice may be done and the public interest secured; provided Manager and the Florida -State Board of - that such variation will not have the effect of nullifying the shall conform with the general water _ intent and purpose of a Comprehensive Development Plan, the Zoning Ordinance or these regulations, and such variance Village. is issued by the Village Council. vers. Section 2. Conditions., tary sewer mains properly connected' system shall be provided. In addition to In granting variances and modifications, the Council may ` , require such conditions as will, in its judgment, secure sub - hall be installed to each platted lot and T __.. stantially the objectives of the standards or requirements so ,rty line for future connection, varied or _modified. system shall also be subject to the Board of Health. The use - of individual Section 3. Severability clause. a sewer system may, be connected to If any section, subsection, .sentence, clause or phrase of this >ystem, shall not be permitted. ordinance is for any reason held to be unconstitutional, void, invalid, the validity of the remaining portions shall not be 'signs' _ affected thereby. nforming to city specification_ s shall be ,ction of all streets carrying the street Section 4. Penalty. subdivision plat. The type`of signs and Any person or persons, firm or corporation violating or et with the approval and inspection of Y4-- failing to. comply with the terms and provisions specified 1243 1242 r= v 4 OFFICE OF THE VILLAGE MANAGER VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 305 P. D. BOX 3273 - 746 -7457 TEQUESTA. FLORIDA 33458 July 3, 1986 James K. Collins, P.E. Gee 4 Jenson ' Drawer No. 4600 West Palm Beach, Florida 33402 RE: Bayview Terrace Dear Jim: As you know, the developer of Bayview Terrace is seeking final plat approval primarily to receive his irrevocable letter of credit in the amount of $217,129.00. In my opinion our subdivision regula- tions are outdated for a number of reasons, one being heavy reliance upon the Village Manager for inspections, etc. I have discussed this with the Village Attorney and he advises that.until such time that the regulations are upgraded I should rely upon our civil engineers where their area of expertise can be utilized. Therefore, I am requesting that you review the requirements of Article V, Section 1, 2, 3, 4, 5 and 6 of the Code of Ordinances, copy attached, andtkiex'eafter have Bayview Terrace inspected in order to ascertain if each - ,f"the above referenced sections have been com- plied with. Where Village specifications are referenced please con- tact Scott Ladd, Building Official, for the same. This inspection work is needed as soon as possible for reasons stated herein. Your invoice for said activity needs to be sent quickly to route to the developer for his payment as required— Should you have any questions please contact me. Very truly yours, Thomas G. Bradford Village Manager TGB:rc cc: Scott Ladd Building Official SCHEDULE B Policy Number 057893 'Phis policy does Ilot insure I (fit inst loss u4. cl.u11ant, I)v rt,uso11 of tilt- fulloNN inn except (1) IIigiIIs or cI.Ii►n5 oI' in possession nut 51►o " b\ IIw I,ut►lic l-ecords. (2) Eiwi uaelu11 wits, (wed(ips, botn)(l.u•Y 11114. disputes. a11c1 oll1' olluvr limilrl:ti which would be disclose by 111 .ururate stilwey'Intl i11spec•tiun of the pr4.n►ises. (:3) I""isenlents or (.1,1111 Is 111• e.►st,11lt,►its nut sllutin I,N tilt public records. (+)'Poxes ur slnriul.►ssess►11ents .ur 11ot shop \11 .IS cxiscillr liens I,Y IIIv public records. (5) `Poxes o11c1 .issessiiiews fur (l7e yem* 1987 .Intl "libse(lut,nt 6) Restrictive covenants, sonditions, stipulations, easements and Reser- vations set forth, shown and recited on plat, filed 6 -21 -85 and recorded in Plat Book 51, Page 86 and 87 and amended in Or Book 4616, Page 1781. 7) Restrictive covenants, conditions, stipulations, easements and reservation as set forth in that certain declaration of restrictions dated 4/13/84 and recoreded 9/6/86 in Official Record Book 4996, Page 1428. 8) Restrictive covenants, conditions, stipulations, easements and reser- vations as set forth in that certain agreement, dated 4/7/86 and recorded 4/13/86 in Official Record Book 4897, Page 1795. 9) Easement in favor of Loxahatchee River Enviromental Control District dated 4/7/86 and recorded 4/17/86 in Official Record Book 4851, Page 607. 10) Easement for water and sewer in favor of the Village of Tequesta filed for record 5/19/86 and recorded in Official Record Book 4881, Page 1310. PENDING DISBURSEMENT OF THE FULL PROCEEDS OF THE LOAN SECURED BY THIS MORTGAGE INSURED HEREIN, THE POLICY ISSUED INSURES ONLY TO THE EXTENT OF THE AMOUNT ACTUALLY DISBURSED, BUT INCREASES AS EACH DISBURSEMENT IS MADE IN GOOD FAITH AND WITHOUT KNOWLEDGE OF ANY DEFECTS IN OR OBJECTIONS TO THE TITLE, UP TO THE FACE AMOUNT OF THE POLICY. 11. Mortgage given by Gary Van Brock, a married man to Republic Savings Ban, its successors and or assings dated December 28, 1987, and filed for Record December 30, 1987, in Official Record Book 5529, page 1674, of the Public Records of Palm Beach County, Florida, in the original principal sum of $224,800.00./ NOTE: I Iii, Tulin run,i,1, u(in,rn page•., lal -l'- l `cht-diil- \mnl 11. 1I11, h.Grp I - I n.� G,Ic, ;inJ vl ►v, I uIIIv , k ali pa..,;n'n. in, Illd"d alum mill am added pap•, inrurp .1mv.1 b� Ivli•rrarr. CONDITIONS AND STIPULATIONS policy, the Company may pursue any such litigation to final determi- 1. Definition of Terms nation by a court of competent jurisdiction and expressly reserves the The following terms when used in this policy mean: right, in its sole discretion, to appeal from any adverse judgment or (a) "insured ": the insured named in Schedule A, and, subject to order. any rights or defenses the Company may have had against the named (e) In all cases where this policy permits - or requires the Company insured, those who succeed to the interest of such insured by operation to prosecute or provide for the defense of any action or proceeding, of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all kin, or corporate fiduciary successors. appeals therein, and permit the Company to use, at its option, the name (b) "insured clai mant ": an insured claiming loss or damage here- of such insured for such purpose. Whenever requested by the Com- under. pany, such insured shall give the Company all reasonable aid in any (c) "knowledge ": actual knowledge, not constructive knowledge or such action or proceeding, in effecting settlement, securing evidence, notice which may be imputed to an insured by reason of any public obtaining witnesses, or prosecuting or defending such action or pro - records. ceeding, and the Company shall reimburse such insured for any (d) "land ": the land described, specifically or by reference in Schedule expense so incurred. A, and improvements affixed thereto which by law constitute real prop- 4. Notice of Loss — Limitation of Action erty; provided, however, the term "land" does not include any property addition to the notices required under paragraph 3(b) of these beyond the lines of the area specifically described or referred to in Conditions and Stipulations, a statement in writing of any loss or dam - Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing age for which it is claimed the Company is liable under this policy herein shall modify or limit the extent to which a right of access to shall be furnished to the Company within 90 days after such loss or and from the land is insured by this policy. damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have (e) "mortgage ": mortgage, deed of trust, trust deed, or other security been furnished. Failure to furnish such statement of loss or damage instrument. shall terminate any liability of the Company under this policy as to (f) "public records ": those records which by law impart constructive such loss or damage. notice of matters relating to said land. 5. Options to Pay or Otherwise Settle Claims 2. Continuation of Insurance after Conveyance of Title The Company shall have the option to pay or otherwise settle for The coverage of this policy shall continue in force as of Date of or in the name of an insured claimant any claim insured against or to Policy in favor of an insured so long as such insured retains an estate terminate all liabilit and obligations of the Company hereunder by or interest in the land, or holds an indebtedness secured by a purchase paying or tendering payment of the amount of insurance under this money mortgage given by a purchaser from such insured, or so long policy together with any costs, attorneys' fees and expenses incurred as such insured shall have liability by reason of covenants of warranty up to the time of such payment or tender of payment, by the insured made by such insured in any transfer or conveyance of such estate or claimant and authorized by the Company. interest; provided, however, this policy shall not continue in force in 6. Determination and Payment of Loss favor of any purchaser from such insured of either said estate or (a) The liability of the Company under this policy shall in no case interest or the indebtedness secured by a purchase money mortgage exceed the least of: given to such insured. (i) the actual loss of the insured claimant; or 3. Defense and Prosecution of Actions — Notice of Claim (ii) the amount of insurance stated in Schedule A. to be given by an Insured Claimant (b) The Company will pay, in addition to any loss insured against (a) The Company, at its own cost and without undue delay, shall by this policy, all costs imposed upon an insured in litigation carried provide for the defense of an insured in all litigation consisting of on by the Company for such insured, and all costs, attorneys' fees and actions or proceedings commenced against such insured, or a defense expenses in litigation carried on by such insured with the written interposed against an insured in an action to enforce a contract for a au horization of the Company. sale of the estate or interest in said land, to the extent that such litiga- When liability has been definitely fixed in accordance with the tion is founded upon an alleged defect, lien, encumbrance, or other conditions of this policy, the loss or damage shall be payable within matter insured against by this policy. 30 days thereafter. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set 7. Limitation of Liability forth in (a) above, (ii) in case knowledge shall come to an insured No claim shall arise or be maintainable under this policy (a) if the hereunder of any claim of title or interest which is adverse to the Company, after having received notice of an alleged defect, lien or title to the estate or interest, as insured, and which might cause loss encumbrance insured against hereunder, by litigation or otherwise, or damage for which the Company may be liable by virtue of this removes such defect, lien or encumbrance or establishes the title, as policy, or (iii) if title to the estate or interest, as insured, is rejected as insured, within a reasonable time after receipt of such notice; (b) in unmarketable. If such prompt notice shall not be given to the Com- the event of litigation until there has been a final determination by a pany, then as to such insured all liability of the Company shall cease court of competent jurisdiction, and disposition of all appeals there - and terminate in regard to the matter or matters for which such from, adverse to the title, as insured, as provided in paragraph 3 prompt notice is required; provided, however, that failure to notify hereof; or (c) for liability voluntarily assumed by an insured in settling shall in no case prejudice the rights of any such insured under this any claim or suit without prior written consent of the Company. policy unless the Company shall be prejudiced by such failure and $ Reduction of Liability then only to the extent of such prejudice. All payments under this policy, except payments made for costs, (c) The Company shall have the right at its own cost to institute attorneys' fees and expenses, shall reduce the amount of the insurance and without undue delay prosecute any action or proceeding or to do pro tanto. No payment shall be made without producing this policy any other act which in its opinion may be necessary or desirable to for endorsement of such payment unless the policy be lost or destroyed, establish the title to the estate or interest as insured, and the Company in which case proof of such loss or destruction shall be furnished to may take any appropriate action under the terms of this policy, whether the satisfaction of the Company. or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. 9. Liability Noncumulative (d) Whenever the Company shall have brought any action or inter- It is expressly understood that the amount of insurance unde�this posed a defense as required or permitted by the provisions of this policy shall be reduced by any amount the Company may pa CONDITIONS AND STIPULATIONS (Continued on Reverse Side) w ' > e ♦ a CONDITIONS AND STIPULATIONS (Continued) any policy insuring either (a) a mortgage shown or referred to in and remedies against any person or property necessary in order to Schedule B hereof which is a lien on the estate or interest covered by perfect such right of subrogation and shall permit the Company to use this policy, or (b) a mortgage hereafter executed by an insured which the name of such insured claimant in any transaction or litigation is a charge or lien on the estate or interest described or referred to in involving such rights or remedies. If the payment does not cover the Schedule A, and the amount so paid shall be deemed a payment under loss of such insured claimant, the Company shall be subrogated to this policy. The Company shall have the option to apply to the pay- such rights and remedies in the proportion which said payment bears ment of any such mortgages any amount that otherwise would be pay- to the amount of said loss. If loss should result from any act of such able hereunder to the insured owner of the estate or interest covered insured claimant, such act shall not void this policy, but the Com- by this policy and the amount so paid shall be deemed a payment pany, in that event, shall be required to pay only that part of any losses under this policy to said insured owner. insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 10. Apportionment If the land described in Schedule A consists of two or more parcels 12. Liability Limited to this Policy which are not used as a single site, and a loss is established affecting This instrument together with all endorsements and other instru- one or more of said parcels but not all, the loss shall be computed ments, if any, attached hereto by the Company is the entire policy and and settled on a pro rata basis as if the amount of insurance under contract between the insured and the Company. this policy was divided pro rata as to the value on Date of Policy of Any claim of loss or damage, whether or not based on negligence, each separate parcel to the whole, exclusive of any improvements made and which arises out of the status of the title to the estate or interest subsequent to Date of Policy, unless a liability or value has otherwise covered hereby or any action asserting such claim, shall be restricted been agreed upon as to each such parcel by the Company and the to the provisions and conditions and stipulations of this policy. insured at the time of the issuance of this policy and shown by an No amendment of or endorsement to this policy can be made except express statement herein or by an endorsement attached hereto. by writing endorsed hereon or attached hereto signed by either the 11. Subrogation Upon Payment or Settlement President, a Vice President, the Secretary, an Assistant Secretary, or Whenever the Company shall have settled a claim under this policy, validating officer or authorized signatory of the Company. all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and 13. Notices, Where Sent be entitled to all rights and remedies which such insured claimant All notices required to be given the Company and any statement in would have had against any person or property in respect to such writing required to be furnished the Company shall include the claim had this Po licy not been issued, and if requested by the Com- number of this policy and shall be addressed to its principal office at 493 E. Semoran Blvd., Casselberry, Florida 32707. pany, such insured claimant shall transfer to the Company all rights --- -. - .. -'-- -- - �.. � .� .. na �. +J -° -` •..,.. <.;.. _ letµ � yo, �, "'S''^+s -: M ♦ o" O Z ;a H w = r- t3 rn O rn Z 7 0 �o D o MI � . - - - . ♦ x- :..,:. • - ..4 rte^ A; 41 a.. :.. -. h b VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive � o Tequesta, Florida 33469 -0273 • (407) 746-7457 May 4, 1988 Mr. Stephen Book President Bayview Terrace Homeowners Association, Inc. 31 Bayview Road Tequesta, Florida 33469 RE: Street Lighting Dear Mr. Book: It has occurred to me that sooner or later you and your neighbors are going to be desirous of some street lighting within your subdivision. It has been my experience that it is much easier to agree to mutually acceptable locations for street lighting prior to all of the lots being "built out" and inhabited. The Village will pay for the installation and ongoing costs of street lighting within your neighborhood, so long as the requested streetlights are a certain distance from one another in accordance with Village specifications, and all property owners within the affected area agree to the installation. In the event you are interested in pursuing this I have enclosed forms for your usage in this regard. Please contact Mr. Gary Preston, Director of Public Works and Recreation, at 746 -1953 for additional information and regarding any questions about the forms. Very truly yours, Thomas G. Bradfor Village Manager TGB /krb cc: Gary Preston, Director of Public Works & Recreation r VILLAGE OF TEQUESTA APPLICATION FOR STREET LIGHT Date: Location of New Street Light: Homeowners within Homeowners Homeowners 200' of Light Pole Address Signature 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Please forward application to: Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469 -0273 Attention: Public Works Department OWNERS s- 1 OFFICE FILE NUMBER SCHEDULE A MNT -3100 3 4 2 POLICYNUMBER DATE OF POLICY AMOUNT OF INSURANCE 057893 December 30, 1987 @ 10:01am $284,995.00 1. Name of Insured: GARY VAN BROCK 2. The estate or interest in the land described herein and which is covered by this policy is: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: Warranty Deed given by WILBUR PLUMBING, INC to GARY VAN BROCK ' dated December 3rd 1987 and filed for record on December 30, 1987 in Official Record Book 5529 Page 1673 of the Public Records of Palm Beach County, Florida. and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: Lot 4, 7, 8, 9, and 10 Bayview Terrace according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach, County, Florida recorded in Plat Book 51 Page 87 Issuin A NORTII PALM BEACH TITLE INC. ATTN: KATHLEEN GEPHART 618 U.S. Highway One Suite 307 North Palm Beach, Florida 33408 (305 -844 -1995) Countersigned Authorized Signatory This policy valid only if Schedule 13 is attached. a� WHITE - OriCinal PINK - Hone Office Copv CANARY - Agent's Cupv 131,UE I'lant Copy rw nt�2vs±. y riN (m.77. "'T"' Ii3n t0 .1 � tuJ��ifue :a�4� AMERICAN LAND TITLE ASSOCIATION POLICY OWNER'S POLICY FORM B -1970 N 057893 ♦ (Rev. 10 -17 -70 and 10- 17 -84) • OWNER'S POLICY OF TITLE INSURANCE ISSUED BY AMERICAN PIONEER TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the ♦ amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; ♦ 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. v Issued by: AMERICAN PIONEER TITLE INSURANCE COMPANY • NORTH PALM BEACH TITLE INC. +' ATTN: KATHLEEN GEPHART 618 U.S. Highway One Suite 307 CEP tITLE /NS`•. By: / North Palm Beach, Florida 33408 ,.•�io��. (305- 844 -1995) �;�° • �.^ President ♦ SEAL o i list Attest: Secretary- Treasurer v IMPORTANT This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens or en- cumbrances, this policy should be reissued in the name of such purchaser. . .<xXA`Y+ - � .: �• ... 0' .. - .V tip•.., -_ - Copyright 1969 American Land Title Association EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; or (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. s r VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive i Tequesta, Florida 33469 -0273 • (407) 746 -7457 h y April 7, 1988 John C. Randolph, Esq. Johnston, Sasser, Randolph & Weaver P.O. Box M West Palm Beach, Florida 33402 RE: Consideration of Abandonment of Dedicated Right -of -Way Dear Skip: Previously, you and I have discussed the possibility of abandonment of the apparent dedicated right -of -way separating the Tequesta Country Club Community from the Bayview Terrace Subdivision. Attached is a map highlighting the area in question. Enclosed herewith, please find a copy of a policy of title insurance which hopefully will give you the information needed to ascertain whether the area to be considered for abandonment is a dedicated right -of -way, easement or whatever. According to our previous conversation this information will enable you to research the courthouse record to determine whether or not the Village can pursue the abandonment of the area in question. Upon having this matter researched, please advise me of your findings so that I can begin the process of seeking the input of all abutting property owners. Should you require further information regarding this matter please feel free to contact me. Very truly yours, Thomas G. Bradford Village Manager TGB /krb Enclosures cc: Scott D. Ladd, Building Official, w /attachment RICHARD . BO 32 Yacht Club Place Teq uesta, Florida 33469 , VILLAGE 0f f�lQUESTA ;- November 18, 1988 NO V1 6_ Vlttir 19e4;f- a��lAg �Ffi : Village of Tequesta 357 Tequesta Drive ` v 1 Tequesta, Florida 33469 ATTN: Mr. Thomas Bradford Village Manager Re: 1) 30 feet of Right -of -Way to Lot 600 2) Mr. Gary Van Brock's letter dated June 9, 1988 3) Mr. Thom Bradford's letter dated June 24, 1988 Dear Mr. Bradford: I strongly object to Mr. Gary Van Brock's petition to abandon the 30 feet of Right -of -Way because I use it for access to the rear of Lot 600 where I park my truck and boats to comply with the Village screening ordinance. Replat of a part of the plat of Tequesta in plat book 25, page 220, clearly shows lot 600's access to this Right -of -Way. Please see attached copy. This access was one of the major reasons that I purchased Lot 600 to build my home. Boating, fishing and water sports are part of my recreational activities and this access let me build my home in a good neighborhood without compromising my life style. Mr. Jack Kurtz had this Right -of -Way surveyed to confirm this access at the time I purchased this lot from him. Also, I have used this Right -of -way continuously for the past eighteen years and have maintained the roadway and trimmed the foliage to keep it open. Very truly yours, Richard Bonard RDB /lmb f 7, 1 j { � •�r a ° �i1 � •c ` ey� j 1)?. N INO lb lb AN • ! � Z 4v goo � � «� .•�+ 1► or VA it A {r'' WO e• e.�� 4'�� ►.00Wo °�o i�i� a; - ! � d �WW Jy O^j� Oily •. i' ' !� .r Zit u.gooc.l y� SSW YYO!. �• •w •a a i ' • Iii Q W -J cr I i T I J i I i � � I I I I I I I ' j i i ' i � I j I ; I t�� � ! i ! i I I � i I i � i � j � � . y ((: I I i � I ' I I I I �: I i I I ,I I I i, � ! I�� i j j � f I F a I � f I I I y � I � � l i � I ,I j i� \� \ i I I � ! ' t I I � �: �� e i I � � \�j �11 ��� � i f ' jo 4 If 1 4 )41 � 11 I i ry) i I IN) fN I i 1 � I I _ <j a ,� VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469 -0273 • (407) 746 -7457 i o H 4 C June 27, 1988 Mr. Gary Van Brock P. 0. Box 3251 Tequesta, Florida 33469 -3251 RE: Petition for Abandonment of 30 Foot Right -of -Way Dear Mr. Van Brock: As you know, at the Village Council meeting of June 23, 1988, the Village Council reviewed your request for the abandonment of the 30 foot right -of -way extension of Country Club Drive south of Tequesta Drive. A discussion of the matter took place with the outcome being that the Village Council is willing to pursue this further, taking the appropriate steps to effectuate your request by conducting a public hearing, provided that the Village Council is first in receipt of appropriate landscape and irrigation plans, including an acceptable construction time schedule, for the Bayview Terrace Subdivision frontage which abuts Tequesta Drive. Upon receipt and acceptance of the information requested herein by the Village Council consideration in moving forward with your request will be given. Should you have any questions concerning this matter, please feel free to contact me. Very truly yours, Thomas G. Bradford Village Manager TGB /mk cc: Village Council 3 !q apy Van P � O cj �r`�!q�,� P.O. BOX 3251 G�' � 12040 TIFFANY WAY, ROLLING HILLS TEQUEST& FLORIDA 33469 -3251 (407) 747 -5782 f. June 9, 1988 Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 Attention: Mr. Thomas Bradford Village Manager Re: 30 foot right of way known as the Southerly extention of Country Club Drive which lies South of Tequesta Dr. Gentlemen: As you may know, there exists a 30 foot right of way, briefly described above, which exists between the rear of lots in Bayview Terrace Subdivision and the rear of lots on Yacht Club Place in the Tequesta Country Club Community. This right of way seems to have no future purpose as a roadway for which it was originally intended. At this time it poses a security problem for the adjoining property owners and it is being used as a dumping ground for trash and debris. As the owner of Lots 4,9, and 10 in Bavview Terrace and adjoining the subject right of way, I hereby request that the right of way be abandoned and the right of way property be given to the adjoining property owners; the West 15 feet to the respective property owners adjoining on Yacht Club Place and the East 15 feet to the respective adjoining property owners in Bayview Terrace. The property then would provide income to the Village, since it would then be on the tax rolls. Attached, hereto, is a copy of the Plat and the Legal Description of the subject right of way that was prepared by Dailey & Associates, Surveyors. Thank you for your consideration in this matter. Very/truly yours, A aryV GVB:cg Brock encl ��►��Ey,�o�►ssoc�,�T�s LAND SURVEYORS 4115 WEST INDIANTOWN ROAD JUPITER, FLORIDA 33478 PHONE (305) 746-8424 LEGAL DESCRIPTION A 30 FOOT ROAD RIGHT OF WAY, NAMED TEQUESTA DRIVE (NOW THE SOUTHERLY EXTENSION OF COUNTRY CLUB DRIVE), ACCORDING TO THE PLAT OF TEQUESTA, AS RECORDED IN PLAT BOOK 25, PAGES 7 THROUGH 15, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF SAID TEQUESTA DRIVE (NOW THE SOUTHERLY EXTENSION OF COUNTRY CLUB DRIVE) LYING SOUTH OF EL PORTAL DRIVE ( NOW TEQUESTA DRIVE), ACCORDING TO SAID PLAT OF TEQUESTA. CONTAINING 23,834 SQUARE FEET, MORE OR LESS. ~ | ' | . | PLAT OF TEQUESTA IN 9 SHEET NO. 2 0 - 1 5 .0 200 300 4013 5013 100 4- . EL PORTAL DRIVE 110 -0 /19 580 M9 594 SIM S75 OD 567 w 574 Ld 581 588 S95 0 d- 569 572 0 Z 583 5W 597 78r4 jl� -d 571 585 95' 95 2 26, Section 10 V TRACT too too la 0 606 n 603 605 604 ENGINEERS WEST PALM BEACH. FLORIDA IN 9 SHEETS SHEET NO 2 DATE NOV. 1956 � June 18, 1988 Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 Re: 30 Foot Right of Way Gentlemen: We, the undersigned, hereby request that the 30 foot right of way adjoining our property be abandoned in accordance with the request by Gary Van Brock in his letter of June 9, 1988. L CO T FPUsF0 A 8 �� O rn cA .O G � VILLAGE OF TEQUESTA ' BUILDING DEPARTMENT ° p , Post Office Box 3273 • 357 Tequesta Drive i2 Tequesta, Florida 33469 -0273 • (407) 575 -6220' y FAX: (407) 575 -6203 April 26, 1990 Mr. Gary Van Brock P. 0. Box 3251 Tequesta FL 33469 Dear Gary: Subject: Building Permit No. 89 -00581 Please consider this letter official notification of approval of a 90 day extension to permit No. 89- 00581, which was issued to you on Oct. 30, 1989. This permit will be void after July 27, 1990 unless work which it covers has been commenced. The Village of Tequesta adopted Uniform Countywide Administrative Code, 1988 Edition, provides that the Building Official can extend a building permit for up to 90 days at a time upon presentation, by an affected permitee, of a justifiable cause for doing so. I accept as justification your letter to me dated April 23, 1990 wherein you state your reasons for needing an extension to the permit for constructing a single family dwelling at Lot 4, Bayview Terrace Subdivision, 10 Bayview Court. If you have any questions regarding, this approval, please feel free to contact me at 575 -6220. Very truly yours; i Scott D. Lad, C.B.O. Building Off'cial SDL: j ms cc: Thomas G. Bradford, Village Manager •,S v v a VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive o Tequesta, Florida 33469 -0273 • (407) 575 -6200 FAX: (407) 575 -6203 M y C MEMORANDUM TO: Board of Adjustment Members FROM: Thomas G. Bradford, Village Manager / DATE: • March 10, 1989 SUBJECT: Application of Bayview Terrace Homeowner's Association For Variance To Allow Construction of Permanent Entrance Sign As Village Manager, let me state that I support the efforts of the Bayview Terrace Homeowner's Association to beautify the entrance to their neighborhood as well as their frontage between Tequesta Drive and the property lines. In fact, the Village is working with the Homeowner's Association to help facilitate this process because we recognize the aesthetic benefits that will accrue to the Village. In order to be consistent, it is requested that the Bayview Terrace Homeowner's Association enter into an appropriate agreement as determined by the Village Attorney that will protect the Village from any liability that may arise by virtue of this signage and landscaping being placed within the public right -of -way. Additionally, such an agreement should provide that the sign owner agrees to relocate or dismantle the same whenever requested by the Village for public purposes. Such an agreement would be the same as that entered into between the Village and the Tequesta Country Club Community Association as well as with the First United Presbyterian Church relative to their signs. TGB /mk cc: John C. Randolph, Village Attorney Scott D. Ladd, Building Official Gary Preston, Director of Public Works & Recreation A DONALD A. SETT EX WI MALKIN 8c BE DOUGLAS D. ARONIN TTE i Qe�R� _.� RALPH W. FELSTEN , � -ter r ' j DAVID J. BLECKN ER B ' `. ELLEN T. GRAFF COUNSELLORS AT ROBERT C. BUFF LAW " r.,:"� .ILL L. BROOKS JANNET L. GURIAN '`� `� MELVYN H. HALPER dr \. CHRISTOPHER W. BURDICK EILEEN HOFFMAN * ' 3oG ROYAL POINCIANA PL A > �, DAV D S. DROBNER' STANLEY KATZM AN A EIC, N M. EFFINGER THOMAS N. KELTNER JR. POST OFFICE DRAWER 27 ,"�] - �,t gW�l ON M. GOLDMAN JOHN L. LOEHR3 fOB T L. GORDON ROBERT A. MACHLEOER PALM BEAOH, FLORIDA 339x80 4 ©�O ,� TAN EY B. GREENE s z HA LES RYAN HICKMAN" PETER L. MALKIN�' TELEPHONE: 14071 833' 3700 p t ELI R. MATTIOLI TELECOPIER: 14071 669 - 681EI + `4�. �Y B• tIIRSCH HORN ARTHUR J. MENOR� 6 �FfA CIA E. KU SN ETZ MITCHELL J. NELSON 1 �,�+* `� lA, RK ELL MARTIN O. NEWMAN 6O EAST 42 "D STREET NEw YOR%, N. Y. lO1Zi� +00Y6 .` AYNA K. LAN6FAN LANNY A. OPPENHEIM TELEPHONE 12121687 -8700 • TELEGOPEM (212) 986-7679- �: "ROCHELLE LAUFER ROBERT O. SCHACHAT TET� 4946284 ♦ I • + - ,S. JAMES D. MARKS ALISON J. OKINAKA RICHARD A. SHAPIRO -- __[,._.__• - GREGORY J. PETERSON ALVIN SILVERMAN i.A C. MICHAEL SPERO' LYNN PETERSON ' z JUDITH B. PROW DA ' ROBERT 1. WEISSMANN TZIPPORAH R. ROSEN BLATT LAWRENCE A. WISH LAURENCE April 19, 1988 MICHAEL M. EGEL RESIDENT IN FLORIDA LEONARD N. TANNEN ALSO A MEMBER OF FLORIDA BAR JUDITH E. THOMPSON z ALSO A MEMBER OF CONNECTICUT BAR JEFFREY WALKER ALSO A MEMBER OF NEW JERSEY BAR CAR R. CAFFUZZI ALSO A MEMBER OF CALIFORNIA BAR OF OF COUNSEL 6 ADMITTED IN FLORIDA ONLY John C. Randolph, Esquire 310 Okeechobee Boulevard West Palm Beach, Florida 33401 Re: Arthur Rutenberg Corp. /Village of Tequesta Dear Mr. Randolph: We are advised that the Village of Tequesta served a Notice to Appear on our client in connection with a trailer previously located at 5 Bayview Court, Bayview Terrace Subdivision, Village of Tequesta, Florida, as to which issue we have previously corresponded. Mr. Steven Kutzy, a representative of my client, has advised me that after service of this Notice to Appear he was advised by Mr. Thomas Bradford, Village Manager, that if the trailer were removed from the subject lot prior to the arraignment with respect to the Notice to Appear, which was scheduled for and occurred on April 12, 1988, that the Village would not pursue the charges. This was confirmed to me by Mr. Bradford on April 11, 1988. Under these circumstances, it did not appear to be warranted that the arraignment take place since the dispute appeared to have been amicably resolved between the parties. Accordingly, I attempted to contact you and the Village Manager on April 11, 1988, and have the Notice to Appear properly withdrawn and the matter terminated. We were unable to do so prior to the arraignment and my client appeared in court on April 12, 1988, and entered a plea of 1 - WIEN; MALKIN & BETTEX John C. Randolph, Esquire April 19, 1988 Page 2 not guilty. I am advised that a final hearing has been set for May 10, 1988, at 10:30 a.m. Again, under the circumstances, we submit that the Village should take whatever steps are required in order to withdraw the Notice to Appear and avoid further time, expense, and inconvenience for all parties involved. We would appreciate your assistance in effecting this. S'ncerely, Arthur J. 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DROBNER *S EILEEN HOFFMAN *' 306 LOYAL POINCIANA PLAZA EILEEN M. EFFIN O ER STANLEY KATZMAN SHELDON M. GOLDMAN THOMAS N. KELTNER, JR. POST OFFICE DRAWER 270 ROBERT L. GORDON JOHN L. LOEHR CHARLES RYAN HICKMAN" ROBERT A. MACHLEDER PALM BEACH, FLORIDA 33480 -4020 DAVID B. HIRSCHHORN PETER L. MALKIN TELEPHONE (306) 833 - 3700 MARCIA G. KUSNETZ ELI R. MATTIOLI • TELECOPIER: (306) 669 - 6816 MARK LABELL ARTHUR J. MENOR *5 ROCHELLE LAUFER MITCHELL J. NELSON GREGORY J. PETERSON MARTIN D. NEWMAN 60 EAST 42Nn STREET, NFw YORH N. Y. 10166 - 0016 LYNN PETERSON"' LANNY A. OPPENHEIM THI.PPHONF.(212) 087 -8700 , TFLECOF'IER(212)999 -7979 JUDITH B. PROWDA " ROBERT D. SCHACHAT TELEX: 4940984 TZIPPORAH R. ROSENBLATT' RICHARD A. 9HAPIRO _ LAURENCG J. SANDERS ALVIN SILVERMAN s ' l NARD N. TANNEN C, MICHAEL SPERO' , JUDI E. THOMPSON ROBERT I. WEISSMANN JECMRE WALKER LAW RENGE A. WIEN March 21, 1 9 8 8 L Z CARLO R. AFFUZZI 'ELp RESIDENT IN FLORIDA R TER -R ALSO A MEMBER OF FLORIDA BAR �� lj��n I >� OF COUN EL - -. - z ALSO A MEMBER OF CONNECTICUT BAR 3 ALSO A MEMBER OF NEW JERSEY BAR VIA CERTIFIED MAIL RETURN RECEIPT REQUESTE � ��`-''-�'� ALSO A MEMBER OF CALIFORNIA BAR I- 5 ADMITTED IN FLORIDA ONLY {c', Village of Tequesta Building Department Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469 -0273 ATTENTION: Mr. Scott D. Ladd, Building Official Re: Arthur Rutenberg Corp. Gentlemen: This firm represents Arthur Rutenberg Corp. We have been provided with copies of your letters of February 16, 1988, March 2, 1988, and March 8, 1988, to Arthur Rutenberg Corp. The following is in response to such letters and is further to our prior telephone conversations. As we have previously advised you, Arthur Rutenberg Corp. denies that its use of the subject trailer located at 5 Bayview Court, Bayview Terrace Subdivision, Village of Tequesta, Florida is in violation of the permits granted by the Village of Tequesta for such trailer. The use being made of such trailer is also not in violation of the Comprehensive Zoning Ordinance of the Village of Tequesta. Nevertheless, Arthur Rutenberg Corp. has volun- tarily agreed to relocate the subject trailer. Such relocation is being diligently pursued and will be accom- plished as soon as reasonably possible. It is currently /IEN, MALKIN 8C BETTEX Village of Tequesta March 21, 1988 Page 2 anticipated that such relocation will occur prior to April 1, 1988. We submit that moving the trailer, as set forth above, will cause no hardship or damage to the Village of Tequesta or its residents and will be a reasonable and equitable resolution of this issue for all interested parties. Should you have any questions, please let me know. Sincerely, ()O Arthur J. e ror AJM /jbs /64911 cc: John C. Randolph, Esquire Mr. Steven J. Kutzy FOR OUR INFORMATION V WIEN, MALKIN & BETTEX DAVID J. BLECKNER DONALD A. BETTEX JILL L. BROOKS RALPH W. FELSTEN ROBERT C. SUFF ELLEN T. ORAFF COUNSELLORS AT LAw CHRISTOPHER W. BURDICK� JANMET L. OURIAN DAVID S. OROBNER� MELVYN H. HALPER EIL£[N M. £F FINGER EILEEN HOFFMAN *' 306 ROYAL POINCIANA P LAZA SHELDON M. OOLDMAN STANLEY KATZMAN n ROBERT L. OORDON THOMAS N. KE LTNER, JR. POST OFFIC.I: DRAWER 2 70 CHARLES RYAN HIC KMAN JOHN L. LOEHR3 BALM BEACH. FLORIDA 33480-4020 DAVID / HIRSC HHO RN ROBERT A. MACHLEDER MARCIA E. KUSNETZ TELEPHONE: (306) 833 -3700 MARK LABELL PETER L. MALKIN ' ' TF LECOPIER: (306) 669 ROC HELLE LAUFER ELI R. MATTIOLI GREGORY ARTHUR J. MENOR *' N MITCHEL J. NELSON LYNN N PETERSON P PrTERS ON" ETERS L MARTIN D. NEWMAN 60 E.A$T 42 STREET, NF.W YORK. N. I OI86 - 0016 JUDITH B. PROWDA��� TFLF.PIIONF. (2IV) 687 -8700 • TELECOPIER (212) 966 -7679 TZIPPORAH R. ROSENBLATT' LANKY A. OPPENHEIM LAWRENCE J. SANDERS ROBERT D. SCHACHAT TELEX: 4946284 RICHARD A. SHAPIRO _ E JUDIT H N. TANNEN ALVIN SIL WALK VERMAN JUDITH R C. MICHAEL SPERO' JEFFREY WALKER = 2 ROBERT 1. WEISSMANN CARLO R. CAFFUZZI LAWRENCE A. WIEN March 21, 1988 PETER ELDER OF COUNSEL 7 RESIDENT IN FLORIDA ALSO A MEMBER OF FLORIDA BAR = ALSO A MEMBER OF CONNECTICUT BAR VIA CERTIFIED MAIL ALSO A MEMBER OF NEW JERSEY BAR ALSO A MEMBER OF CALIFORNIA BAR RETURN RECEIPT REQUESTED 5 ADMITTED IN FLORIDA ONLY Village of Tequesta Building Department Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469 -0273 ATTENTION: Mr. Scott D. Ladd, Building Official I Re: Arthur Rutenberg Corp. Gentlemen: This firm represents Arthur Rutenberg Corp. We have been provided with copies of your letters of February 16, 1988, March 2, 1988, and March 8, 1988, to Arthur Rutenberg Corp. The following is in response to such letters and is further to our prior telephone conversations. As we have previously advised you, Arthur Rutenberg Corp. denies that its use of the subject trailer located at 5 Bayview Court, Bayview Terrace Subdivision, Village of Tequesta, Florida is in violation of the permits granted by the Village of Tequesta for such trailer. The use being made of such trailer is also not in violation of the Comprehensive Zoning Ordinance of the Village of Tequesta. Nevertheless, Arthur Rutenberg Corp. has volun- tarily agreed to relocate the subject trailer. Such relocation is being diligently pursued and will be accom- plished as soon as reasonably possible. It is currently WIEN, MALKIN & BETTEX Village of Tequesta March 21, 1988 Page 2 anticipated that such relocation will occur prior to April 1, 1988. We submit that moving the trailer, as set forth above, will cause no hardship or damage to the Village of Tequesta or its residents and will be a reasonable and equitable resolution of this issue for all interested parties. Should you have any questions, please let me know. Sincerely, Arthur J. e or AJM /jbs /64911 cc: John C. Randolph, Esquire Mr. Steven J. Kutzy r VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469 -0273 • (305) 746 -7515 CERTIFIED MAIL P 372 872 212 March 8, 1988 Arthur Rutenberg Corporation c/o Mr. Steven J. Kutzy, Jr. 5 Bayview Court Tequesta, Florida 33469 Gentlemen: On February 16, 1988, you were advised by this office that the trailer located at 5 Bayview Court, Bayview Terrace Subdivision, Village of Tequesta, Florida, was violative of the terms of the permit, and that it was in further violation of the Zoning Code of the Village, which prohibits business from being conducted within a residential zone. You were requested to immediately cease and desist all activity at the location and to remove the construction trailer from the property. On March 2, 1988, you were advised to discontinue the business operation at the subject trailer no later than March 7, 1988, and to remove the trailer no later than March 21, 1988. Subsequent to your receipt of that letter, you requested through your attorney an extension of the March 7 deadline. Please be advised that each day that business is conducted from the referenced trailer constitutes a violation of the Zoning Code of the Village. In order to accommodate your request, however, please be advised that the Village will allow you until 5:00 P.M., March 21, 1988, to fully discontinue the unlawful business operation at the trailer, and to have the trailer completely removed from the site. There will be no extensions of this deadline. Very truly yours, voe 0'. d4d Scott D. Ladd Building Official SDL /krb cc: Thomas G. Bradford, Village Manager VILLAGE OF TEQUESTA BUILDING DEPARTMENT ' Post Office Box 3273 • 357 Tequesta Drive r j Tequesta, Florida 33469 -0273 • (407) 746 -7515 J March 2, 1988 c• CERTIFIED MAIL Steven J. Kutzy, Jr. Arthur Rutenberg Corp. 5 Bayview Court Tequesta, FL 33469 Dear Mr. Kutzy: Subject: Specified time table for discontinuing business operation and removal of the trailer at Lot 2, Bayview Terrace Subdivision (5 Bayview Court). After discussing the above referenced subject with the Village Manager and the Village Attorney, a determination was made as follows: 1. Discontinuation of the business operation at the subject trailer is to occur no later than March 7, 1988. 2. Removal of the subject trailer is to occur no later than March 21, 1988. Your prompt compliance with this time table is greatly appreciated. If you have any concerns with regard to this subject, call me at 746 -7515. Very truly yours, A &- ' 6- (yacd Scott D. Ladd, C.B.O. Building Official SDL: j ms cc: Village Manager Village Attorney Code Enforcement Officer Steven Book, President Bayview Terrace Property Owners Assoc. VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469 -0273 • (407) 746 -7457 � o M y C March 8, 1988 Mr. Steve Book President Bayview Terrace Homeowners Association 31 Bayview Road Tequesta, Florida 33469 Re: Rutenberg Trailer Dear Mr. Book: For the information of yourself and your neighbors, please be advised that the Village has indicated to the Rutenberg Company that the last day that their business and trailer may operate and exist at its current location is Monday, March 21, 1988. I realize that this may seem lenient, however, in light of the fact that the Rutenberg Company is in possession of a Village Trailer Permit, upon the advise of our Attorney and in light of the Rutenberg firms willingness to work with the Village, we felt this time frame to be adequate in order to avoid costly and time delaying litigation. Very truly yours, Thomas G. Bradford Village Manager TGB /mk cc: Scott D. Ladd, Building Official VILLAGE OF TEQUESTA Post Office Box 3273 • 357Tequesta Drive Tequesta, Florida 33469 -0273 • (407) 746 -7457 i { February 19, 1988 Mr. Steve Book President Bayview Terrace Homeowners Association 31 Bayview Road Tequesta, Florida 33459 RE: Rutenberg Trailer Dear Mr. Book: Enclosed herewith, please find a copy of a letter sent to Mr. Kutzy of the Rutenberg Corporation revoking their construction trailer permit, requiring them to cease and desist all activity at the trailer location. If the trailer is not removed in a few days appropriate legal action will be implemented by the Village. Very truly yours, ;�9 7R �_ Thomas G. Bradford Village Manager TGB /krb cc: Scott D. Ladd, Building Official VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive _ Tequesta, Florida 33469 -0273 • (407) 746 -7515 February 16, 1988 HAND DELIVERED Steven J. Kutzy, Jr. Arthur Rutenberq Corp. 5 Bayview Court Tequesta, FL 33469 Gentlemen: On August 11, 1987 you made application for a permit for a temporary construction trailer to be located at 5 Bayview Court, Bayview Terrace Subdivision within the Village of Tequesta, Florida. Your application was for a trailer to be used in conjunction with single family construction projects on lots located within the Bayview Terrace - Subdivision. On November 23, 1987 you applied for another permit to alter the original permit, so as to increase the size of the temporary construction trailer. Each of these permits was granted for the limited purpose as a construction trailer for construction within Bayview Terrace. It has subsequently come to the attention of this office that the permitted trailer is in fact being used for purposes other than for ongoing construction projects within Bayview Terrace. In fact, the Village has evidence to indicate that other business is beina conducted within this "construction trailer" relating to projects not only outside of Bayview Terrace, but outside the Village of Tequesta. This activity is totally inconsistent with and violative of the terms of the permit. Furthermore, it is in violation of the Zoning Code of the Village, which prohibits business from being conducted within a residential zone. Since this "construction trailer" is being used in a manner other than as represented when application was made and, on the basis that its use is in violation of the zoning code of the Villaqe of Tequesta, I regret to inform you, as the Building Official for the Village of Tequesta, that I must revoke your permits for the construction trailer Mr. S. Kutzy, Jr. Pave 2 February 19, 1988 -� - pursuant to Sec. 102.31 of the Standard Buildina Code, 1985 Edition. Your permit is, therefore, revoked as of this date, and you are hereby required to cease and desist all activity at the location where the construction trailers were originally permitted_. Additionally, you are required to remove the construction trailers from the property. If you have any questions in regard to this matter, do not hesitate to contact this office. V ery truly yours, & Ad Scott D. Ladd, C.B.O. Building Official JCR: jms cc: Village Managsr' Village Attorney _ Code Enforcement Officer RECEIVED BY: DATE VILLAGE OF TEQUESTA ' BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive } Tequesta, Florida 33469 -0273 • (407) 746 -7515 r February 16, 1988 HAND DELIVERED Steven J. Kutzy, Jr. Arthur Rutenberq Corp. 5 Bayview Court Tequesta, FL 33469 Gentlemen: On August 11, 1987 you made application for a permit for a temporary construction trailer to be located at 5 Bayview Court, Bayview Terrace Subdivision within the Village of Tequesta, Florida. Your application was for a trailer to be used in conjunction with single family construction projects on lots located within the Bayview Terrace Subdivision. On November 23, 1987 you applied for another permit to alter the original permit, so as to increase the size of the temporary construction trailer. Each of these permits was granted for the limited purpose as a construction trailer for construction within Bayview Terrace. It has subsequently come to the attention of this office that the permitted trailer is in fact being used for purposes other than for ongoing construction projects within Bayview Terrace. In fact, the Village has evidence to indicate that other business is being conducted within this "construction trailer" relating to projects not only outside of Bayview Terrace, but outside the Village of Tequesta. This activity is totally inconsistent with and violative of the terms of the permit. Furthermore, it is in violation of the Zoning Code of the Village, which prohibits business from being conducted within a residential zone. Since this "construction trailer" is being used in a manner other than as represented when application was made and, on the basis that its use is in violation of the zoning code of the Village of Tequesta, I regret to inform you, as the Building Official for the Village of Tequesta, that I must revoke your permits for the construction trailer 02 -19 -88 cc: Village Council Bayview Terrace file r � Mr. S. Kutzy, Jr. Page 2 February 19, 1988 pursuant to Sec. 102.31 of the Standard Building Code, 1985 Edition. Your permit is, therefore, revoked as of this date, and you are hereby required to cease and desist all activity at the location where the construction trailers were originally permitted. Additionally, you are required to remove the construction trailers from the property. If you have any questions in regard to this matter, do not hesitate to contact this office. Very truly yours, Scott D. Ladd, C. B. 0. Building Official. JCR: jms cc: Village Manager Village Attorney Code Enforcement Officer RECEIVED BY: DATE To: Scott D. Ladd From: Eugene Hoover QjLA / Date /Time: 02 709 -88 14:30 hours Subject: Business office in Bayview Tr. 1 Today I made a check inside the ff permitted as a construction office for F /r�> found that the trailer is being used Village ordinances which restrict the us ` There are several violations of which some a 1) Section X (A) (5) No business shall shall be carried on in noncommercial zoning district. Q VILLAGE 2 ) Section X ( K) (1) M ANAGER'S 1 OFFICE Such permitted trailers may be used for sale 1 habitation or promotional purposes only upon pe on of the village council, and shall be permitted only after receiving a permit from the building official. Below I have a partial list of indicators showing the trailer is in violation. A] There were 41 sets of plans visible. There were 5 sets marked "The Shores" sitting on the front counter. (They have only 6 lots to build on.) BI Three women and one man were working out of the trailer. Cl In three separate areas there were posters showing the locations of homesites at "The Shores" hanging on the walls. D] As I entered the east door I found a mail cabinet with at least 21 slots. El The women in the office stated that this trailer was used as a office since they did not have the space at "The Shores" F] On the front counter was two boxes. One for outgoing mail and one for Incoming mail. Gl As L,was leaving U.P.S. arrived with several packages. The driver stated she stops several times a week to make a drop, or pickup. To: Scott D. Ladd From: Eugene Hoover QD�l Date /Time: 02 709 -88 14:30 hours Subject: Business office in Bayview Tr. Today I made a check inside the trailer which was permitted as a construction office for Rutenberg Homes. I found that the trailer is being used in violation of the Village ordinances which restrict the use of the structure. There are several violations of which some are listed 1) Section X (A)(5) VILLAGE OF No business shall shall be carried on in TEQUESTA noncommercial zoning district. z o %gc� VILLAGE 2) Section X (K) (1) MANAGERS 1 OFFICE Such permitted trailers may be used for sale 1 habitation or promotional purposes only upon pe on of the village council, and shall be permitted only after receiving a permit from the building official. Below I have a partial list of indicators showing the trailer is in violation. A] There were 41 sets of plans visible. There were 5 sets marked "The Shores" sitting on the front counter. (They have only 6 lots to build on.) BI Three women and one man were working out of the trailer. Cl In three separate areas there were posters showing the locations of homesites at "The Shores" hanging on the walls. D] As I entered the east door I found a mail cabinet with at least 21 slots. El The women in the office stated that this trailer was used as a office since they did not have the space at "The Shores" F] On the front counter was two boxes. One for outgoing mail and one for Incoming mail. Gl As I._.was leaving U.P.S. arrived with several packages. The driver stated she stops several times a week to make a drop, or pickup. .� B UI LDI NG PERMh N VILLAGE OF TEQUESTA PALM BEACH COUNTY, FLORIDA 357 Tequesta Drive (3 0 5) 746-7515 Tequesta, Florida Date ttO V, r �4 19 (to be filled out by Applicant) The undersigned hereby applies for a permit to: Construct ( X), Enlarge ( ), Alter ( ), Repair ( ), Other INSTALL 36' X 56' Ti"1FOR xF ICE A Single Family Residence ( ), Duplex ( ), Multiple Occupancy ( ), Garage ( ), Car Porte ( ), Commercial Building ( ), Industrial Building ( ), Other ( ). AS PER DRAWINGS AND PLOT PLANS, IN DUPLICATE, WHICH MUST ACCOMPANY THIS APPLICATION. On property located at: ___________5_ T3AY 11ARn7R_ CO TJ'T I,OT 2, BAYViEW TTTR ACr in the Village of Tequesta, Florida. Applicant is: Owner ( ), Agent ( ), Contractor ( X). If Contractor, show Village of Tequesta Occupational License Number ______'nom }' Property is zoned as: ________ R=14 -------- __ __ —__. Structure will be used as: In consideration of the granting of the above requested permit, I do hereby agree that I will, in • all respects, perform the work in accordance with the above statements and the Building Code for the Village of Tequesta. ''.j 7 ' !' _!1TIZUTI F_ RTT CO RP. (Name of Owner) (Signature of Applicant) ''1AYV1*i' ; 1 (I 'O 5 C011RT (Address of Owner) (Address of Applicant) 33 -0 T L'QU^STA, Fl, 33469 74 - �7t This permit void after .________' 1�1Y_ 2 • 1998 unless work covered by it has been commenced. Estimated valuation of proposed work: $_----- , Fee Paid $______ 20. In consideration of the above application and the payment of the fee above set forth, the applicant is hereby granted a license to proceed with the work outlined, subject to regulations and codes applicable thereto. VILLA E OF TEQUESTA, FLORIDA NOTICE TO APPLICANT BY FAILU - - -- - - ---- __ -- - RE TO COMPLY WITH THE Building Official MECHANICS LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING 10404 TWICE FOR BUILDING IMPROVEMENTS Permit NQ. M - MUST ' BE ANCHORED PROPERLY/ DRAWINGS REQUIRED (in duplicate): I. SITE OR PLOT PLAN ( ) ' P.ER.MIT "MUST . BE"RENEVED . EVERY 2. FLOOR PLAN ( ) 3. TYPICAL WALL AND ROOF SECTION ( ) T SIr MONTHS " I 4. ELEVATIONS ( ) 5. ELECTRICAL CIRCUIT LAYOUT AND SERVICE DETAILS ( ) 6. PLUMBING DETAILS IN PLAN AND DIAGRAM ( ) � Sod Oct ` 9 60q �ti8 VILLAGE OF 1'F.(2UESTA, FLORIDA APPLICATION FOR BUILDING PERMIT El ate I HEREBY MAKE APPLICATION FOR PERMIT TO: Erect Alter Demolish Add Remove Remodel a structure for the following use: Residential Commercial Industrial Lot Number Block Number Type of Construction Subdivision or P.C. # ( Type of Foundation Square Foot Area 3 ))(66 cz9U/ �( Street Address Estimated Cost Lot Area Zoned Height (Ft. /In.) Stories o._.) L f N �"u Intended Use 0S 04 C (Name of Owner) n Address ontractor Oc Lic. 41 -PI W t 1 M rr IS pe - <' 1 v IMPORTANT: Address Q Tel.# 1. Give 24 hours notice for inspection C L- G CS (-{ O�j 3 ) 2. Permit expires if construction is not State Certification /Registration Number begun within 180 days. 3. Plans must be on job before inspection will be made. 4. At least one (1) inspection to be made Cln�A t /�\ �o a,.,a I every 180 days or permit expires. 1 (� � 10_ 5. Obtain Certificate of Occupancy from � U Building Dept. before using completed 4 building. TA3 /�vt f 6e n V e er THE UNDERSIGNED APPLICANT DOES HEREBY REQUEST T11AT A BUILDING PERMIT BE ISSUED ON THE BASIS OF AND SUBJECT TO THE HEREIN SET -FORTH INFORMATION AS SUPPLEMENTED BY HEREWITH SUBMITTED BUILDING PLANS AND SPECIFICATIONS, WITH THE UNDERSTANDING THAT ALL VILLAGE OF TEQUESTA BUILDING, PLUMBING, ELECTRICAL AND ZONING REQUIREMENTS SHALL BE COMPLIED WITH WHETHER OR NOT SPECIFIED IN THIS APPLICATION AND ACCOMPANYING PLANS. pFfm;f iris j 6e )rXi WFO fV (o h'Io���iJ. Fty/ S'gnatu e of Own ( *) ua Agent ( * *) * Executed Owner /Builder Affidavit must accompany application ** Executed Power of Attorney, Qualifier to Agent, must accompany application. q 1(p (AeaPWLT) ECE v. - H�o lie. O. V.0 - CAet E UTrE� GioE _ TV ;V h _ I1 p D - -- -- - - io IV. n �� UNDER CONST. TIE-IN (e) Notice of public hearing shall be advertised fifteen (15) and five (5) days in advance of'='the' public _hearing in a newspaper of general circulation in area. - The owner of the property for which special exception is sought or his agent or attorney designated by him on the submitted petition shall be -not -Ified by mail. Notice shall be given by mail to all owners of property within a 300 foot radius of the boundary lines of the property for which a special exception is requested. The list of property owners within the stated radius shall be provided by the applicant from the most recent tax roll information as provided by the Palm Beach County Appraiser's Office. The applicant must furnish an affidavit signed by the person responsible for providing the aforementioned list. Notice of the public hearing shall be promi- nently posted on the property by the applicant for which a special exception is sought. Notwithstanding any other provision herein contained, failure to provide written notice to any adjacent pro- perty owners shall not constitute a jurisdictional defect provided that proper legal notice has been published. (9) Filing Fee Upon filing an application for special exception, the applicant shall pay a fee to the village at the time of filing of such application. Said fee shall be in an amount as established in Chapter 16 of the Village of Tequesta Code of Ordinances, shall not be reimbursable and is intended to defray costs of administering, processing, and reviewing the application. (K) Trailers or Temporary Structures or Vehicles (1) On construction sites trailers, or temporary structures, or vehicles used for construction offices on a construction site or in a sub- division shall be permitted during the period of construction only after a building permit for the construction job has been issued; such trailer or trailers, or temporary structures, or vehicles, must be removed from the building site or subdivision within thirty (30) days following the issuance of the final certificate of occupancy. Extension periods of an additional thirty (30) days may be ranted by the buildin official for good cause shown. uc fitted trailers, "structures, or ve i use for sales habitation or promo- tional Purposes only upon permisnian nf 11M villa a council, be permitted only after rein a g 1 + all ce v for each such trailer. g permit from e u 1 ng offi cial (2) The intermittent or continual placement or utilization of any trailer, temporary structure, or vehicle for the use, such as but not limited to, storage, shall be prohibited in all zoning districts. (L) Commercial Vehicles and Trucks, Recreational Vehicles on Private Lots (1) No commercial vehicles or trucks over three - quarter ton rated capacity, may be parked on any property or right -of -way within a residential area. - 91 - VILLAGE OF TEQUESTA VILLAGE OF TEQUESTA Thomas G. Bradford Thomas G. Bradford Village Manager Village Manager 2 7 VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469 -0273 • (407) 746 -7515 February 16, 1988 HAND DELIVERED Steven J. Kutzy, Jr. Arthur Rutenberq Corp. 5 Bayview Court Tequesta, FL 33469 Gentlemen: On August 11, 1987 you made application for a permit for a temporary construction trailer to be located at 5 Bayview Court, Bayview Terrace Subdivision within the Village of Tequesta, Florida. Your application was for a trailer to be used in conjunction with single family construction projects on lots located within the Bayview Terrace Subdivision. On November 23, 1987 You applied for another permit to alter the original permit, so as to increase the size of the temporary construction trailer. Each of these permits was granted for the limited purpose as a construction trailer for construction within Bayview Terrace. It has subsequently come to the attention of this office that the permitted trailer is in fact being used for purposes other than for ongoing construction projects within Bayview Terrace. In fact, the Village has evidence to indicate that other business is being conducted within this "construction trailer" relating to projects not only outside of Bayview Terrace, but outside the Village of Tequesta. This activity is totally inconsistent with and violative of the terms of the permit. Furthermore, it is in violation of the Zoning Code of the Village, which prohibits business from being conducted within a residential zone. Since this " construction trailer" is being used in a manner other than as represented when application was made and, on the basis that its use is in violation of the zoning code of the Village of Tequesta, I regret to inform you, as the Building Official for the Village of Tequesta, that I must revoke your permits for the construction trailer 02 -19 -88 ' cc: Village Council Bayview Terrace file Mr. S. Kutzy, Jr. Paqe 2 - _- February 19, 1988 pursuant to Sec. 102.31 of the Standard Buildinu Code, 1985 Edition. Your permit is, therefore, revoked as of this date, and you are hereby required to cease and desist all activity at the location where the construction trailers were originally permitted. Additionally, you are required to remove the construction trailers from the property. If you have any questions in regard to this matter, do not hesitate to contact this office. Very truly yours, J� 6 - o`P ad d Scott D. Ladd, C.B.O. Building Official JCR: jms cc: Village Manager's Village Code Enforcement Officer RECEIVED BY: DATE TO Dat:e Time 1LE Y U WERE OUT A& - Phane ea Coe Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Operator !ri. No. 23 -000S Halsey & Griffith, Inc. West Palm Beach, Florida VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Teyuesta Drive _. Teyuesta, Florida 33469 -0273 • (305) 746 -7457 � o February 10, 1988 Mr. Steve Book President Bayview Terrace Homeowners Association 31 Bayview Road Tequesta, Florida 33469 RE: Rutenberg Trailer Dear Mr. Book: This is to acknowledge receipt of your petition dated February 3, 1988. This petition was presented to the Village Council at their Workshop Meeting of February 9, 1988. Also presented was an internal office memorandum pertaining-to the same subject, a copy of which is attached hereto. Please be advised that we are continuing to proceed with our efforts to remove this trailer. We anticipate success shortly. Very truly yours, Thomas G. Bradfo Village Manager TGB /krb cc: Village Council John C. Randolph, Village Attorney Scott D. Ladd, Building Official ti To: Scott U. Ladd From: Eug Hoo ver QD,, Date /Time: 02 -09 -88 19:30 hours.. SubJect: Business office in Bayview Tr. Today I made a check inside the trailer which was _permitted as a construction office for Rutenberg Homes. I found that the trailer is being used in violation of the Village ordinances which restrict the use of the structure. There are several violations of which some are listed 1) Section X (A)(5) ViLLAG OF No business shall shall be carried on in rr TEQUETA noncommercial zoning district. r7 _ VILLAGE 2) Section X (K) (1) • MANAGER'S 1 OFFICE Such permitted trailers may be used for sale / +C1 habitation or promotional purposes only upon pe on of the village council, and shall be permitted only after receiving a permit from the building official. Below I have a partial list of indicators showing the trailer is in violation. A) There were 91 sets of plans visible. There were 5 sets marked "The Shores" sitting on the front counter. (They have only 6 lots to build on.) B1 Three women and one man were working out of the trailer. C) In three separate areas there were posters showing the locations of homesites at "The Shores" hanging on the walls. D) As I entered the east door I found a mail cabinet with at least 21 slots. E1 The women in the office stated that this trailer was used as a office since they did not have the space at "The Shores" F) On the front counter was two boxes. One for outgoing mail and one for Incoming mail. G) As I_.was leaving U.P.S. arrived with several packages. The driver stated she stops several times a week to make a drop, or pickup. y l VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive i o Tequesta, Florida 33469 -0273 • (305) 746 -7457 January 18, 1988 Mr. Stephen Book President Bayview Terrace Homeowners Association 31 Bayview Road Tequesta, Florida 33469 RE: Landscaping and Irrigating Bayview Terrace Entrance Dear Mr. Book: Attached hereto, please find a copy of a letter recently received which you may find to be of use in planning the landscaping and irrigation of Bayview Terrace along Tequesta Drive. Very truly yours, Thomas G. Bradfo Village Manager TGB /krb Attachment r n 501 North Al • Suite 101 Jupiter, Florida 33477 (305) 747 -3001 c� h � G y January 14, 1988 Mr. Thomas G. Bradford Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469 Re: 1st United Presbyterian Church of Tequesta Sanitary Sewer Line Dear Mr. Bradford: In response to your letter of January 11, 1988, regarding the construction schedule for our sewer, please be advised that we are awaiting Palm Beach County Health Department approval. All other agencies have signed off and we will begin construction as soon as the health department approves the project. I anticipate that to occur within in 2 -3 weeks. Once begun, the work should take approximately two weeks. I hope this will provide you with the information you need. Sincerely yours, R. Mason Simpson RMS /clw 1. To: Scott D. Ladd E;' t � From: Eugene Hoover Date: December 4, 1987 f - Subject: Bayview Terrace. On 12 -03 -87 I was able to make contact with Mr. Books, the present president of the Bayview Terrace Homeowners Association. He advised that he would not be able to attend the Village Council meeting on 12- 08 -87, due to another engagement, but would be willing to attend one in late January 1988. He feels this might also be better since there will be a homeowners meeting in January, and the swale area is one of the subjects to be covered. He would also, like to have someone from the village attend their meeting, to help give them guidance and answer any questions. I advised him, that if he. could notify us before the meeting that we would try to work something out. At this time it appears that there may be a civil suit coming up in the near future between the original developer and Rutenburg, over who is responsible for the previously agreed upon work. A Alt. A '4 V e � � �, �� )c �� �`� , � � r 1, •`�� �e `��► , %�;�'�� CA's OFFICE OF THE VILLAGE MANAGER VILLAGE OF TEQUESTA 3S7 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 706 P. D. BOX 3273 746 -7457 TEQUE9TA. FLDRIDA ;C*;W 33469 -0273 September 11, 1986 James H. Ryan, Esquire Gary, Dytrych $ Ryan 701 U.S. Highway One, Suite 402 North Palm Beach, Florida 33408 RE: Dabco, Inc. /Lots 11 $ 12 Bayview Terrace Dear Mr. Ryan: In response to your letter of August 13, 1986 pertaining to the above subject addressed to Mayor Carlton Stoddard, please be advised that Mayor Stoddard and i have discussed this matter and he informs me that it is his recollection that he specifi- cally required your client when receiving Village Council appro- vals for this project /subdivision to be responsible for the maintenance of the area in question. Therefore, the area referred to as a "no man's land" is not really such in that it is owned by the Village of Tequesta and to be maintained by your client. I trust that this will provide you with the clarification you sought in regard to this matter. Very truly yours, Thomas G. Bradf rd Village Manager TGB /mk cc: Carlton D. Stoddard Mayor Scott D. Ladd, Building Official OFFICE OF THE VILLAGE MANAGER VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 305 P. O. BOX 3273 746 -7457 TEQUESTA, FLORIDA y 'I<3, "C 33469 -0273 September 11, 1986 James H. Ryan, Esquire Gary, Dytrych & Ryan 701 U.S. Highway One, Suite 402 North Palm Beach, Florida 33408 RE: Dabco, Inc. /Lots 11 & 12 Bayview Terrace Dear Mr. Ryan: In response to your letter of August 13, 1986 pertaining to the above subject addressed to Mayor Carlton Stoddard, please be advised that Mayor Stoddard and ! have discussed this matter and he informs me that it is his recollection that he specifi- cally required your client when receiving Village, Council appro- vals for this project /subdivisioit to be responsible for the maintenance of the area in question. Therefore, the area referred to as a "no man's land" is not really such in that it is owned by the Village of Tequesta and to be maintained by your client. I trust that this will provide you with the clarification you sought in regard to this matter. Very truly yours, Thomas G. Bradf rd Village Manager TGB /mk cc: Carlton D. Stoddard Mayor Scott D. Ladd, Building Official ` y f JOHN GARY, III RICHARD G. DYT RYCH JAMES H. RYAN PROFESSIONAL ASSOCIATION DONALD R. BICKNELL,JR. LAWRENCE W. SMITH 701 U. S. ONE, SUITE 402 RICHARD R. ELLINGTON GREGORY C. PICKEN NORTH PALM BEACH, FLORIDA 33408 ALYS NAGLER DANIELS TELEPHONE (305) 844 -3700 August 13, 1956 The Honorable Carlton Stoddard Mayor Village of Tequesta Village Hall 357 Tequesta Drive Tequesta, Florida 33455 Re: Dabco, Inc. /Lots 11 & 12 Bayview Terrace Dear Carlton: Please be advised that I represent Dabco, Inc., who is the owner and developer of Lots 11 and 12 of Bayview Terrace, Tequesta, Florida. My client is currently constructing a single family residence located on one of the lots and is approximately half -way finished in the completion of said residence. For your information, said residence is the only residence that is currently under construction in Bayview Terrace that fronts on Tequesta Drive. The purpose of this letter is to ask your help in resolving a question as to who has the responsibility of ultimately landscaping and maintaining that area immediately North of the sidewalk area to the edge of Tequesta Drive. As it currently exists, the area is very unsightly in that it looks like "one big sandbox" from the lift station East to the entrance of the Bayview Terrace subdivision. My client has discussed this matter, as well as myself, with Scott Ladd of the Building Department. Mr. Ladd has been most helpful in answering some of my questions; however, he will even admit that he is unsure as to who has the responsibility of landscaping and maintaining that area. Obviously, if the area is designated as a right -of -way area, as per the zoning maps, said responsibility would be up to the Village. However,. Mr. Ladd informs me that if you examine the plat and the accompanying drawings submitted by the developer's engineers, the area in question appears to be seventy -five (75) feet of what Mr. Ladd calls "no man's land ". Accordingly, Mr. Ladd can not be definitive as to whose responsibility it is to improve said area. My client has developed and built a number of fine single family residences in Shady Lane and throughout Tequesta. The quality of his workmanship and product is superior. In order for my client to continue on with the development of this area, I believe that it would be in the Village's best interest to resolve this gray area.as soon as practical. The Honorable Carlton Stoddard -2- August 13, 1986 If necessary, I will be happy to meet with you and Mr. Ladd to discuss this matter further or address this situation at the next scheduled Village of Tequesta meeting. I hope everything is well with you. Respectfully yours, GARY, DYTRYCH & RYAN, P. A. B - ) Ot" ames H. Ryan JHR:j cc: Dabco, Inc. GARY, DYTRYCH & RYAN, P.A. cfl JUL L m 1 1988 p , Anniversary GEE &JENSON Engineers, Architects, Planners, Inc. 2090 Palm Beach Lakes Blvd. Drawer No. 4600, July ] 4 1986 West Palm Beach, FL 33402 y 305/683 -3301 Telex 513472 G &J WPB Mr. Thomas Bradford Village Manager Village of Tequesta, P.O. Box 3273 Tequesta, Florida 33458 Re: Bayview Terrace Dear Tom: We have now completed our final observation as requested in your correspondence of July 3, 1986 and wish to offer the following results. Monuments & Reference Markers We have observed that the proper markers are in place and complete. Gr ading All the lots within Bayview Terrace appear to be graded to the proper elevation and slope. Storm Drainage The drainage structure on the NW corner of Bayview Road and Shadey Lane is missing its grate and is filled with sand and debris. This particular structure was existing and not part of the Bayview Terrace project. The grate should be replaced and the debris should be removed. The sand material in the drainage structure at the NW corner of Bayview Court and Bayview Road should be removed and sod placed around the inlet. This structure is part of the Bayview Terrace project. Paving The roadway paving has been observed and found satisfactory. Letter to: Mr. Thomas Bradford From: James K. Collins Page 2 - Dated July 14, 1986 Sidewalks The construction plans do not call for the construction of sidewalk as the exact location of driveways is not determined until each unit is built. If the Village would require sidewalks, then the best time to construct the sidewalk would be as each residence is started. Fill The fill height after settlement appears satisfactory. The contractor has been calling us and we have discussed the above items with him. He will be performing the required work items. If you have any other items to discuss with us con- cerning the above matter please do not hesitate to contact us. Very truly yours, GEE & JENSON Engineers, Architects, Planners, Inc. James K. Collins, P.E. JKC:pmb cc: Don Zimmerman Don Goddeau 78 -211 GEE & JENSON Engineers, Architects, Planners, Inc. _ P /' or �Iv+i'lit'� °�. �/ _ ,y__ / �,...�... -°— • yam -•.�C' <._._ F� . _ F l e- y. VILLAGE OF TEQUESTA W ATER DEPARTMENT 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 305 P.O. BOX 3474 746-4595 TEQUESTA, FLORIDA 33469 -0474 June 3, 1986 Mr. William D. Reese, P.E. Gee � Jenson P. 0. Drawer 4600 West Palm Beach, Florida 33402 Dear Bill: Re: Water Distribution System Bayview Terrace Enclosed for.your files is a copy of the recorded Bill of Sale for the referenced water distribution system. Very truly yours, VILLAGE OF TEQUESTA WATER DEPARTMENT Robert Harp Village Manager RH:mk Encl. cc: Mr. James W. Worth, w /enc. OFFICE OF THE VILLAGE MANAGER VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 305 P. O. BOX 3273 746 -7457 TEQUESTA, FLORIDA " KEK 33469 -0273 July 17, 1986 Ms. Nancy Zambell Branch.Manager First American Bank Trust 307 Teauesta Drive Teauesta, Florida 33469 Dear Ms. Zambell: Re: Irrevocable Letter of Credit No. 1803 Please be advised that Wesley Oldham (Barile Excavating & Pipeline Co., Inc.) has complied with all the terms and conditions of his agreement with the Village of Teauesta relative to the development of Bayview Terrace Subdivision according to the plans prepared by his engineer and approved by the Village Council on February 26, 1985. Therefore, the aforementioned Letter of Credit may be released or revoked. I Very truly yours, Thomas G. Bradford Village Manager TGB /mk cc: Scott D. Ladd, Building.Official Wesley Oldham, President, C I E ORIG CD Barile Excavating ROBERT LAMPR T } MEMORANDUM TO: THOMAS G. BRADFORD, ACTING VILLAGE MANAGER FROM: SCOTT D. LADD, BUILDING OFFICIAL w5t2t_ SUBJECT: BUILDING DEPARTMENT INSPECTION OF BAYVIEW TERRACE SUBDIVISION DATE: JULY 1, 1986 On June 20, 1986 I performed an on -site inspection at Bayview Terrace Subdivision to determine the status of site development work under construction. All streets and cul -de -sacs are paved, all concrete radius curbs are installed, all street name signs are installed, all stop and yield control signs are installed. In addition to these items, the water, sewer and fire hydrant installations have been approved by the proper agencies and the paving and drainage systems have been accepted and approved by Gee & Jenson Engineers, consulting engineers for the Village. All that remains to be completed is the subdivision electrical service system which is under construction at this time. SDL:jms 9 our 35th S J� Anniversary , V 18, l 8 6 A rr GEE & JENSON Engineers, Architects, Planners, Inc. 2090 Palm Beach Lakes Blvd. Drawer No. 4600, West Palm Beach, FL 33402 305/683 -3301 Telex 513472 G&J WPB June 16, 1986 Ken S. Rogers, P.E. P.S. Rogers, Consulting Engineer, Inc. 1495 Forest Hill Boulevard, Suite F. Centre Place Professional Park West Palm Beach, Florida, 33406 Re: Bayview Terrace, Paving & Drainage Your File No. 85 -0064, G&J # 78 -211 Dear Ken: We have performed field observation concerning the gAving and drainage on the above referenced project and have found it to be acceptable. If you require any additional discussion concerning this particular aspect of the project please do not hestiate to contact us. Very truly yours, GEE & JENSON Engineers, Architects, Planners, Inc. c �� q . James K. Collins, P.E. JKC:pb cc:..d Lyman Nor" an 78 -211 �� =comae OFFICE 13F THE VILLAGE MANAGER « VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CDOC 305 P. O. 60X 3273 746-7457 TEQUESTA, FLORIDA NZ*! 3 33469 -0273 June 6, 1986 Bayview Terrace, Inc. 1320 S. Killian Drive Lake Park, Florida 33403 Attention: Mr. Wesley Oldham, President Gentlemen: Re, Bayview Terrace Enclosed is our invoice in the amount of $207,74, dated June 6, 1986 for engineering expenses pertaining to the referenced subdivision for the period March 29, 1986 through April 25, 1986, Your prompt remittance will be appreciated, Very truly yours, VILLAGE OF TEQUESTA Robert Harp Village Manager RH :mk Encl. From Village of Tequesta' -------------- - ------------ ---- - .......... P. 0. Box 3273, Teotuesta, Florida 33469 Date ---.J-Ujl.e To Bayview Terrace Inc. Address 1320 S. Killian Lake Park, Florida a 3403 Terms— Net upon Receipj....-.- Order No. 1986 BAYVIEW TERRACE June 6 En ineerin g Ex-Denses 204., 74___ (See copy SO - n , - LA - - yo ice, No. 54019 f Gee Jen -- THANK Engineers, Architects, kEe iners, Inc. PLEASE REMIT TO P. O. Box 30,000 Orlando, FL 32891 -9971 2360 Village of Tequesta P.O. Box 3474 DATE June 5, 1986 Tequesta, FL. 33469 JOS Nb. 78- 211.3 ATTN: Mr. Robert Harp L _j iNvorcE No. 54019 ' • DUE UPON RECEIPT - - - Professional services for Bayview Terrace for the period March 29, 1986 through April 25, 1986 Field Eng /Inspector $ 81.64 Apply Multiple of 2.40 to $ 81.64 $ 195.94 Vehicle Mileage 8.80 TOTAL AMOUNT DUE THIS INVOICE_ _# ......................$ 204.74 drw I,n V36 WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE. WE HAVE COMPLIED WITH THE FAIR F_icJ LABOR STANDARDS ACT OF 1938. AS AMENDED. • aua /M `t[�.xoM • M saul�p • x� : 30 Pug ltd: H 102VUVW a$uIIzA dxvH qxagog ,LNRRLUVd9G U91VM d,LSgllag.L dO 9gVglIA `sxno�f �tlnx� XJOA •tuals,Cs uotjngtxiszp aaIrm paauaxajax aqj xoj airs Jo TIN papxoaax auk. jo Xdoo v st salij xnox xoj pasoloug aauxxay MOTAX - Og IuaIsXS uotjngTaisTG xavM :ag :11ig xuaQ ZOV££ VpixoTd `uaVag uclvd ISOM 009V xaMUxu •0 •d uosuap � ao9 . •g•d `asaag •0 uretlltM •xW 9861 `£ aunr VLvo-69V££ vcnNoi -q 'vis3n031 96917-9b4 VLb'£ X06 'O'd So£ 3aoo v32i`d SS3800V JNI"IIdW 3N0Hd3"131 v(3la0"1.q 'b'1s3no31 3Alua viS3n03.L L.G£ .LN3W.LaVd3Q H3J..`dM 71S3nO31 d0 3JH y ` A Sent by:ROBERT LANDGRAFF Jan -30 -02 12 :56Pm from 561575734045615756203 Page 1 t BAYVIFW TEM4CF HOMFOWNERS ASSOUXT1ON 2002 A1N74bAL DUES $300.00 Per Lot e h C p = ( v z 16 NANM: ADDRESS: 7 The schedule for payments is as follows: $200.00 - Due FEBRUARY 15, 2002 $100.00 - Due MT AY 1, 2002 ** *This will be the only bill you receive so mark your calendar'.! eq PLEASE snake checks payable to. 13AyV] Ew TFxxACE HOMEO ASSOCLATION, Dvc. ! 1 PLEAS; Remit to: L oTj Book, Treasurer 31 Bayview Road Tequesta, FL 33469 ***As u a ll know we are all still involved n a lawsuit. y� i lw tt has been no resolution yet The Village of Tequesta still considers Rayvi+ew Terrace responsible for xnaintaining the entrance. 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FIELD REPRESENTATIVE'S DAILY REPORT nt ..... ... Clie ....... ....... .......... ....... .... Z.7 ............... . Project No: ............................... Job No. 9� Contractor ............. ............................... ............ I .......... I., ........... Supt . ...... ........................ ............................... Subcontractor ................................................................................. Foreman ............................................................. Ti me In ................. Out ....................... Spdmtr In ..... . ......... ................ Spdmtr Out ................. Miles ....................... Weather ................ .........d5. .................................... .................................................................................. Work Accomplished Disputes, Other Items of Special Interest: -i 42w11L'e' ' d Ave All I -fir° — CZ,6.,,v r 41.- c. � C A2d 7 AZ 0 9 'god &A '986 '6 List Attachments: . .......... .... ....... ................................................ Signature OFFICE OF THE VILLAGE MANAGER VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELE,'"HONE MAILING ADDRESS AREA CODE 305 P. O. BOX 3273 746 -7457 TEQUESTA, FLORIDA 32458 May 16, 1986 Mr. James K. Collins, P.E. Gee & Jenson P. 0. Drawer 4600 West Palm Beach, Florida 33402 Dear Jim: Re: Bayview Terrace Subdivision Enclosed for your information are copies of the following items received from K.S. Rogers, Consulting Engineers, Inc, pertaining to the referenced project: ], May 15, 1986 transmittal letter 2. Engineer's Statement of Completion 3. May 15 ,1986 transmittal letter a) May 7, 1986 Release of Water Distribution System. b) April 24, 1986 Approval of connection to Loxahatchee River Environmental Control District waste water facility. c) August 15, 1986 Palm Beach County Public Health Unit DER Form 17- 1.205(8) Re: Waste water Collection System 4. Record Drawing Paving and Drainage Plan. Yours very truly, VILLAGE OF TEQUESTA Robert Harp - Village Manager RH:mk cc: Mr. Scott D. Ladd, Building Official w /enclosures a GEE & JENSON Engineers, Architects, Planners, Inc. FIELD REPRESENTATIVE'S DAILY REPORT C lient V .. L G-e 1 s0 r' .".. 1 '�.. ............... Project No: .. .. ... Job No.. Contractor .... . Supt. .. ..... ... Subcontractor .. ..... ...... ..... Foreman .. .. .. . Time In ...... ....T' Out p p .... ................. ...S dmtr In.......................... S dmtr Out ...:............Miles ..................... Weather . ............... cr . ..... ... . Work Accomplished — Disputes, Other Items of Special Interest: M Ay $ tit 198 �� 1 s a r t List Attachments: r Signature .. ... ... .. .... 4 , OFFICE OF THE VILLAGE MANAGER VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEC °HONE MAILING ADDRESS AREA CODE 305 P- 0- BOX 3273 746 -7457 TEQUESTA, FLORID,% 3.3458 May 16, 1986 Mr. James K. Collins, P.E. Gee & Jenson P. 0. Drawer 4600 West Palm Beach, Florida 33402 Dear Jim: Re: Bayview Terrace Subdivision Enclosed for your information are copies of the following items received from K.S. Rogers, Consulting Engineers, Inc. pertaining to the referenced project: 1. May 15, 1986 transmittal letter 2. Engineer's Statement of Completion 3. May 15,1986 transmittal letter a) May 7, 1986 Release of Water Distribution System. b) April 24, 1986 Approval of connection to Loxahatchee River Environmental Control District waste water facility. c) August 15, 1986 Palm Beach County Public Health Unit DER Form 17- 1.205(8) Re: Waste water Collection System 4. Record Drawing Paving and Drainage Plan. Yours very truly, VILLAGE OF TEQUESTA Robert Harp Village Manager RH:mk cc: Mr. Scott D. Ladd, Building Official w /enclosures t 5 K.S. ROGERS, CONSULTING ENGINEER, INC. 1495 Forest Hill Boulevard Suite F Centre Place Professional Park West Palm Beach, FL 33406 305 - 964 -7300 May 14, 1986 Mr. Robert Harp Village Manager Village of Tequesta 357 Tequesta Drive Tequesta, FL RE: Bayview Terrace Our File No. 85 -0064 HRS Permit No. 5085 -5101 BI HRS Permit No. CS 328 -85 Dear Mr. Harp: In response to your letter dated May 9, 1986 requesting evidence of certification for the sewer collection system and drainage system for the above referenced project, enclosed please find copies of the HRS "release letters" for both the water and sewer system as well as the Engineer's Certifications for the sewer system, for your file. The drainage system certification and record drawings will be submitted to you by a separate letter. if you should require any further information or documentation, please do not hesitate to contact me. Very truly yours, L MAN P. MORN RA Y LPM /jr Encl. -- p d r y i STATE OF FLORIDA DEPARTMENT OF Bob Graham, Governor Health & Rehabilitative Services District Nine Palm Beach County Health Dept. P.O. Box 29 West Palm Beach, Florida 33402 Please Address Reply to: E S E -W PB May 7, 1986 Robert Harp Village Manager Village of Tequesta P.O. Box 3273 Tequesta, FL 33458 Re: Bayview Terrace Inc. Water - Permit No. 5085 -5101 BI Sewerage - Permit No. Dear Mr. Harp: The referenced project is hereby released for service to the extent indicated below. This release is based on certification by the engineer - of- record that the water and /or sewerage system has been constructed in substantial conformance with plans previously approved by this Agency. XX The system is released to the full extent of the approved plans. The system is partially released, and limited to The system is released for construction water only: a - Full extent b - Partially, and limited to Sincerely, For the Division Director Environmental Sciences and Engineering \1 4 4 LI C Richard T. Aber Plan Review and Permits FJG /RTA /ch r y -r cc: Florida Department of Environmental Regulation Engineer-of-Record - ; K.S. Rogers, P.E. 1 STATE OF FLORIDA Q bA is DEPARTMENT OF Bob Graham, Govemor Health & Rehabilitative Services District Nine Palm Beach County Health Dept P. O. Box 29 West Palm Beach, Florida 33402 REQUEST FOR LETTER OF RELEASE TO PLACE WATER SUPPLY SYSTEM INTO- SERVICE ` I General Information Name of Project: B w Terrace Inc. Permit No. 5085 - 5101 -BI Date of Issuance Augus Lg/ System completed to the full extent of the approved. plins L_/ Partially completed -to the extent noted herein II Enzineer's Certification This is to certify that the project has been substantially completed in accordance with approved plans and specifications, or that the deviations noted on the attached record drawings will not prevent the system from functioning in compliance with requirements of Environmental II (ECR -II) and Chapter 17 -22, Florida' Administrative Code (F.A.C.), when properly operated and maintained. Further, the system has passed the pressure* and bacteriological. tests •that were conducted in accordance with AWWA Standards. This certification is based upon on -site observation ef'construction, scheduled and conducted by me or by a project under my direct supervision. rte. SignatffERS1 Date K.S. RO , P.E. K.S. t ROGER ENGINEERS INC 145S Suite F West Palm Beach, FL 33406 964 -7300 Seal Tel. No. Fla. Reg. No. 24068 III Acceptance by Utility The subject system has been accepted for operation and maintenance. - �.-� - /5 * In case of water distribution Signature to system or water main Robert Harp# Village Manager extension Name and Title Village of Tequesta C. rretesslewal EnOiweer Registered in Florida (whore required by Chapter 471 Fos.) as to Operatlen and Maintenance Manual This to to certify that the operation and maintenance manual, for these wastewater facilities has been prepared or by not or by Individual s) under my direct and that there is reasonable assurance. In my proressional judgement supeevteton@ a that the facilities th , when properly maintained and operated in accordance with this manual will function as intended. NA Signature of Engineer Name (Please type) Florida Registration No. Company Name Company Address (Affix Seal) Date: Telephone No. 0. Oper on a Maintenance Authority Approving Connections i cot fy that o ton s) t wastewater reciltty which we operate and maintain have boon c m Le t o a I act n. Signed: Date: Name and Title (please type)t Richard C. Dent II. Division ni rPntor Company Name: Loxah at-t-himgm Ri vtar Environmental Control ni atri ct - - Address: Jupiter, FL 33458 DER fors 17- 1.205(8) Effective July 31 1981 Page 3 of 3 STATE OF FLORIDA DEPARTMENT OF Bob Graham. Governor Health & Rehabilitative Services District Nine Palm Beach County Health Dept. P.O. Box 29 West Palm Beach, Florida 33402 Please Address Reply to: ESE-WPB May 7, 1986 Richard Dent, Director L.R.E.C.D. P.O. Box 396 Jupiter, FL 33468 Re: Bayview Terrace Inc. Water - Permit No. Sewerage Permit No. CS 328-85 Dear Mr. Dent: The referenced project is hereby released for service to the extent indicated below. This release is based on certification by the engineer - of- record that the water and /or sewerage system has been constructed in substantial conformance with plans previously approved by this Agency. XX The system is released to the full extent of the approved plans. The system is partially released, and limited to The system is released for construction water only: a - Full extent b - Partially, and limited to Sincerely, For the Division Director Environmental Sciences and Engineering O Richard T. Aber Plan Review and Permits FJG /RTA /ch cc: Florida Department of Environmental Regulation Engineer -of - Record - t K.S. Rogers, P.E. ' y J (, 4 • / L Stan of Florida $lm Beach County P ublic Health Unit DEPARTMENT OF ENVIRONMENTAL REGULATION DIVISION OF ENVIRONMENTAL SCIENCES & ENGINEERING 901 Evernia Street _✓ West Palm Beach, Florida 33401 ' Bob Go vernor Victoria (305) 837.3070 ytr G DONKSTIC RASTEYATEi COLLECTION /TRANS=33 STST1>3L! CEITIFICATION OF COMPLETION OF CONSTRUCTIO/ Construction Permit No.: C9- 328 -85 __ Dated: August 15,, . 1986. Name of project: Bayview Terrace,, Inc. Nam of Owner: Name of design an ineer and Florida registration number (if different from engineer sign- jug certification): Name of treatment plant to receive wastewater: Snvi>:onmental ontro District Date(s) of connection to existing systes or treatment plant: March 1986 Substantial deviations frog the approved plans and specifications (attach additional sheets if required): none r Dr.E Form 17- 1.205(8) JJ j1j Effective July 31 1983 Page I of 3 �_: 1 1 A. Applicant or operation sad Maintenance Authority (if different from Applicant) I agree to operate and maintain the facilities in accordance with the provisions of Chap- ter 403, Florida Statutes, and applicable rules of the department. I attest that an appropriate o tlon and maintenance manual and record drawings for the system are a- vailable d loc t d at: Loxaha c t Ri er Di atrict Signed: <L�� Dates Name and Title (Please Type): Richard C. Dent, Division Director Company Name: T nxahat-rhea River FnUi rnnmant -al Control n; ct= ct Addreses 16500 Central Boulevard Ju i 1-Pr FT 114SR Telephone No. s 305 -747 -5700 e. Professional Engineer Registered In Florida (where required by Chapter 471* F.S.) as to Mastewoter Facility I certify that the project has been completed substantially In accordance with the ap- proved plans and specifications, or that deviations will not prevent the system from functioning in compliance with the requirements of F.A.C. Rule 17 -6, when properly oper- ated and maintained. These determinations have been based upon on -alts observation of construction, scheduled and conducted by me or by a project representative under my di- rect supervision, for the purpose of determining if the work proceeded in compliance with plans and specifications. I further certify that record drawings for the facilities have been reviewed by me or by Individual(s) under my direct supervision, for completeness and adequacy, and have been provided to the permitter. I further certify that the record drawings identify those substantial deviations noted above. �' _� K.S. ROGERS 24068 Signature of ngineer Name (Please type) Florida Registration No. R.S. ROGERS, CONSULTING ENGINEER, INC. Company Name 1495 Forest Hill Boulevards Suite F klpm t Palm RPanh. FT. 1140A Company Address (Affix Seal) Data: �9� Telephone No. 964 -7300 DER Form 17- 1.205(8) Effective July 31, 1993 Page 2 of 3 t K.S. ROGERS, CONSULTING ENGINEER, INC. 1495 Forest Hill Boulevard Suite F Centre Place Professional Park West Palm Beach, FL 33406 305- 964 -7300 May 15, 1986._.._ 2 Mr. Robert Harp Village Manager IN '�, r o Village of Tequesta 357 Tequesta Drive ; \v ,? Tequesta, FL RE: Bayview Terrace Our File No. 85 -0064 Dear Mr. Harp: Enclosed please find the "Engineer's Statement of Completion" with Record Drawings for the drainage system at the above referenced project. If you should require any further information or if you have any questions, please do not hesitate to contact me. Very truly yours, YMAN P. MO�GAN LPM /jr Encl. CC: Mr. Jim Collins, Gee & Jenson E K.S. ROGERS, CONSULTING ENGINEER, INC. 1495 Forest Hill Boulevard Suite F Centre Place Professional Park West Palm Beach, FL 33406 305 -964 -7300 CERTIFICATE OF COMPLETION SUBJECT: Drainage System Improvements NAME OF PROJECT: Bayview Terrace Subdivision LOCATION: Village of Tequesta REFERENCE DRAWINGS: Paving and drainage plan Sheets 3 & 4 of 10, November 1983 by Timothy Messler, Inc. ENGINEER'S STATEMENT OF COMPLETION As a Registered Engineer in the State of Florida, to the best of my knowledge, information and belief, and based on field reviews under my responsible charge, it is my professional opinion that the drainage system has been constructed in substantial accordance with the approved construction plans. Attachments to this Completion Statement are as follows: 1) Record Drawings (Sheets 3 & 4 of 10) ENGINEER OF RECORD K. 9..ROG9RS E. K,. S. ROGERS, CONSULTING ENGINEER, INC. a � Fla. Reg. No. 24068 �p 9 Date t f `_ __ _ � ,� `�`� _ / TAI__ � ��"✓� GJ O v I`/ - VILLAGE OF TEQUESTA WATER DEPARTMENT 357 TEQUESTA DRIVE TELEPHONE TEQUESTA, FLORIDA MAILING ADDRESS AREA CODE 305 P.O. BOX. 3474 746 -4:95 TEQUESTA. FLORIDAXa16XltM 33469 -0273 May 9, 1986 Mr. John C. Randolph Johnston, Sasser, Randolph & Weaver' P. 0. Drawer M West Palm Beach, Florida 33402 Dear Skip: Re: Bayview Terrace Water Distribution System Enclosed for recording is original Bill of Sale Absolute for the above referenced water distribution system. When recorded, will you please return the Bill of Sale to us for our files. Your cooperation-in this request will be greatly appreciated. Yours very truly, VILLAGE OF TEQUESTA WATER DEPARTMENT Robert Harp Village Manager RH:mk Encl. C G Y �0 Cd o L. 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O a t~ � .7 y r u o A , ZS �• .+��" 4+ a -a 0 - P + Cu' _ Q ri m s ' C'+ •rl N •r1 '� N • N '� N 4 3�► fa �e m \ �s S:! W I ... u N U Sa -W h � v" �' fl► Q R off v oL m o m ++ L a m O s -0 -W to D, m •r{ cd a) ca 0 • c m o .c °m N H is 1�e m 0-0 q m E s m . r o 3• b on� Q�.�.y o� a 3 3 �°` E It. m N ..G '� > O G' O p -• m 'C m o C V o . ' V q - 3.� o c o o o 0)i a r cis E sc ° m ►T� 0 c o f 0 a to v: H m H H H PQ >+ f� co co u u m N in cp .. ro V Q STATE OF FLORIDA rn DEPARTMENT OF Bob Graham, Governor Health & Rehabilita"Llive Services District Nine Palm Peach County Health Dept. P.O. Box 29 West Palm Beach, Florida 33402 Please Address Reply to: ESE s May 7, 1986 s� I� Robert Harpa Village Manager Village of Tequesta`. P.O. Box 3273 N`' Tequesta,;FL 33458 Re: Bayview Terrace Inc. Water - Permit No. 5085 -5101 BI Sewerage - Permit No. Dear Mr. Harp: The referenced project is hereby released for service to the extent indicated below. This release is based on certification by the engineer - of- record that the water and /or sewerage system has been constructed in substantial conformance with plans previously approved by this Agency. XX The system is released to the full extent of the approved plans. The system is partially released, and limited to The system is released for construction water only: a - Full extent b - Partially, and limited to Sincerely, For the Division Director Environmental Sciences and Engineering 41XM4 Richard T. Aber Plan Review and Permits FJG /RTA /ch cc: Florida Department of Environmental Regulation Engineer -of- Record - K.S. Rogers, P.E. GEE & JENSON Engineers, Architects, Planners, Inc. 2090 Palm Beach Lakes Blvd, October 2, 1985 Drawer No. 4600, West Palm Beach, FL 33402 305/683 -3301 Telex 513472 G &J WPB Village of Tequesta Post Office Box 3273 Tequesta, Florida 33458 Attention: Mr. Robert Harp Re: Bayview Terrace Dear Bob: Enclosed, for your records is notification of a change in Engineer -of- Record on the Bayview Terrace project. Please call if you have questions. Very truly yours, GEE & JENSON Engineers - Architects- Planners, Inc. William D. Reese, P.E. WDR /jef 85 -037 o� 1�98, BARILE EXCAVATING a PIPELINE CO INC. 1320 S. Killian Drive. Lake Park. FL 33403 (305) 848-1094 October 1, 1985 Gee & Jenson 2090 Palm Beach Lakes Blvd. West Palm Beach, FL 33402 Gentlemen: This is to - inform . you that we have replaced Timothy J. Messler, Inc., the engineer of record for Bayview Terrace. The new engineer of record for Bayview Terrace is K.S. Rogers, Consulting Engineer, Inc. 1495 Forest Hill Blvd. Lake Clark Shores, FL (305)964 -7300. Sincerely, Barile Excavating & Pipeline Co., Inc. Angelo J. Barile President RAL:nkn OFFICE OF THE VILLAGE MANAGER VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 305 _ _ P. G. BOX 3273 746 -7457 TEQUESTA, FLORIDA 33458 October 4, 1985 Mr. James K. Collins, P.E. Gee $ Jenson P. 0. Drawer - 4600 West Palm Beach, Florida 33402 Dear Jim: Re: Bayview Terrace Subdivision Enclosed for your information and files is a copy of the October.l 1985 letter from Barile Excavating & Pipeline Co., Inc. advising that the engineer of record for the referenced subdivision is K. S. Rogers, Consulting Engineer, Inc. Yours very truly, VILLAGE OF TEQUESTA Robert Harp Village Manager RH :mk Enc. cc: Mr. James W. Worth, w /enc. Mr. William D. Reese, P.E. w /enc. BARILE EXCAVATING & PIPELINE CO.. INC. 1320 S. Killian Drive. Lake Park. FL 33403 (305) 848 -1094 October 1, 1985 Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33458 Attn: Building Department' Gentlemen: This is to inform you that we have replaced Timothy J. Messler, Inc., the engineer of record for Bayview Terrace. The new engineer of record for Bayview Terrace is Z.S. Rogers, Consulting Engineer, Inc. 1495 Forest Hill Blvd. Lake Clark Shores, FL (305)964 -7300. Sincerely, Barile Excavating & Pipeline Co., Inc. Angelo J. B' rile President EAL:nkn cc: Engineering Dept. 8 L � A VILLAGE OF TEQUESTA WATER DEPARTMENT 357 TEQUESTA DRIVE TELEPHONE TEQUESTA, FLORIDA MAILING ADDRESS AREA CODE 305 P.O. BOX 3474 746-4595 TEQUESTA, FLORIDA 33458 September 20, 1985 Mr. William D. Reese, P.E. Gee $ Jenson P. 0. Drawer 4600 West Palm Beach, Florida 33402 Dear Bill: Re: Bayview Terrace Water Distribution System Enclosed is a copy of Permit No. 5085 -5101 BI pertaining to the referenced project together with a xerox copy of the approval stamp on the plans. The expiration date of the permit is August 26, -1986. Yours very truly, VILLAGE OF TEQUESTA WATER DEPARTMENT f Robert Harp Village Manager RH:mk Encl. cc: Mr. James W. Worth, w /permit & approved plans. STATE OF FLORIDA IS DEPARTMENT OF Bob Graham, Governor Health & Rehabilitative Services District Nine Palm Beach County Health Dept. P.O. Box 29 West Palm Beach, Florida 33402 Please Address Replyto: ESE -WPB APPLICANT: PERMIT NO: 5085 -5101 BI Wesley Oldham, President Bayview Terrace, Inc. UTILITY: Village of Tequesta 1320 S. Killian Drive Lake Park, FL 33403 PROJECT: Bayview Terrace This permit is issued under the provisions of Chapter 403, Florida Statutes, Chapter 17 -22, Florida Administrative Code and Palm Beach County Environmental Control Rule II. The above named applicant is hereby authorized to perform the work shown.on the approved plan(s) attached hereto and made a part hereof and specifically described as follows: Construct: A water distribution system to serve 19 single family units on Tequesta Drive, Tequesta, Florida. This permit is subject to the attached provisos. - PALM BEACH COUNTY HEALTH DEPARTMENT ENVIRONMENTAL SCIENCES & ENGINEERING EXPIRATION DATE: 8/26/86 ISSUED THIS 26th DAY OF August 1985 cc: Department of Environmental Regulation (1 appl.) Project Engineer: Timothy J. Messler, P.E. tom- cb Utility: Robert Harp t g J AUG 2 9 1985 rr Date Time WHILE YOU WERE OUT Mn —f Phone3 �'gOr7 c ISZIr� Area Code Number Extens , ion 9 TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU HURGENT RETURNED YOUR CALL Message Operator No. 23 -000S Halsey & Griffith, Inc. West Palm Beach, Florida VILLAGE OF TEQUESTA WATER DEPARTMENT 357 TEQUESTA DRIVE TELEPHONE TEQUESTA, FLORIDA MAILING ADDRESS AREA CODE 305 P.O. BOX 3474 746 -4595 TEQUESTA. FLORIDA 33458 August 12, 1985 Mr. William D. Reese, P.E. Gee & Jenson P. 0. Drawer 4600 West Palm Beach, Florida 33402 Dear Bill: Re: Bayview Terrace Subdivision Enclosed for your information and files is a copy of the Application to Construct a Public Drinking Water System" for the referenced area. Yours very truly, VILLAGE OF TEQEUSTA WATER DEPARTMENT A� , 'R OBERT HARP Village Manager RH:mk Encl. cc: Mr. James W. Worth, w /encl. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION SOUTHEAST FLORIDA 1308 GRAHAM _ -- i- GOVERNOR DISTRICT \ VICTORIA J. TSCHiNKEf. 9901 GUN CLUB ROAD { SECRETARY P.O. Box 7858 �. WEST PALM BEACH. FLORIDA 93402 ROY DUKE DISTRICT MANAGER APPLICATION TO CONSTRUCT A PUBLIC DRINKING STATER SYSTEM INSTRUCTIONS: All of -the application forms, including engineering plans and specifica- tions, must be completed and submitted. For construction of facilities consisting solely of pumping and disinfection, Parts A, B, C, D, and E I and 2, (d) through (£), as well as engineering plans and specifications, must be completed and submitted. When using this form for distribution systems alone, only Part B and applicable sections of Part A need to be completed. Submission of any false statement or representation in this application is-'a violation of the law. Attach additional sheets as necessary. System Name: Bayview Terrace County:. Palm Beach System Address: Street Tequesta Drive City: Tequesta Applicant's Name and Title: Bayview Terrace, Inc. Applicant's address: 1320 S. Killian Drive, Lake Park, FL 33403 Utility Supplying Water: Name: Village of Tequesta Utility Address: P.O. Box 3474, Tequesta, FL 33458 Owner /Operator After Construction, if different: Village of Tequesta Owner /Operator Address: Same Type of Proposed Facility: Water Distribution System To Serve: Sine Family Res idence . (Subdivision, trailer Latitude 26 ° 56 ' 55 "N Longitude 80 ° 06 ' 30 "W park, school, etc.) A. Applicant: I, the owner /authorized representative* of Bayview Terrace, Inc. am fully aware that the statements made in this application for a permit to construct a water distributions stem are true, correct and complete to the best of my knoa a ge an a Lean e�urt er, t eer, t e undersigned agrees to maintain and operate the facility in such a manner as to comply with the provisions of Chapter 403, Florida Statutes, and all the rules of the department. The undersigned also understands that a permit, if granted by the department, will be non - transferable and will promptly notify the department upon sale or legal transfer of the permitted facility. The undersigned also accepts responsibility for retaining the project engineer as indica- ted on this application to observe that construction of the project is in accordance with engineering plans as submitted. * f Signed: "�, ` Attach letter o ,authorization. erl.ut or zed Representative Wesley Oldham,. resident Name and Title (Please type r' Date: VID 5 Telephone Yo. 305- 746 -7429 DER Form 17 1.208(1) Effective November 30, 1982 Page 1 of 7 I + B. Owner /Authorized Representative of Utility Supplying Water (if applicable) The undersigned, owner /authorized representative* of Village of Teguesta hereby certifies that the above reference utility has adequate reserve capacity to supply water to this project and will provide the necessary treatment as required by Chapter 403, Florida Statutes, and all rules of the department. Further, the under- signed verifies that his treatment plant was constructed under a valid permit, Number on file dated on file iasued by the department, and the connection of the proposed project will not be in violation of any condition of said permit. *Attach letter of Signed: authorization Robert Harp, Village Manager Name and Title (Please Type) Date: i" 7 Phone No .: 305- 746 -7457 C. Owner %Operator+ After Construction (if different from applicant) I, the undersigned, do certify that I will become the owner /operator of the proposed facility after construction. Further, I certify that I am fully aware that the state- ments made in this application are true, correct and complete to the best of my know- ledge. Also, I agree to operate and maintain the facilities in such a manner as to comply with the provisions of Chapter 403, Florida Statutes, and all rulaa of the department. I understand the permit is non - transferable and will promptly notify the department upon sale or legal transfer of the permitted establishment. *Attach letter of Signed: -�/ _ authorization f' Village of Teau ,, Robert Harp, Village "A an r Name and I Title (Please Type) Data: C J Phone No 305 -746 -7457 0. Professional Engineer Registered in Florida This is to certify that the engineering features of this public drinking water system have been designed /examined by me and found to be in conformity with modern engineer- ing principles, applicable to the treatment and distribution of drinking water charac- terized in this application. There is reasonable assurance in my professional judg- ment that the facility, when constructed as planned and properly maintained and opera - ted, will comply with all applicable statutes of the State of Florida and the rules of the department. Signed: Timothy J. Messler, P.E. Name (Please Type) (Affix Seal) Timothy J. Messler, Inc. Company Name (Please Type) 2560 RCA Blvd., Suite 107, Palm Beach Garden FL Mailing Address (Please Type) 33410 Florida Registration No. 1 6 4 22 Date: Phone No (305) 627 - 2226 DER Form 17- 1.208(1) Effective November 30, 1982 Page 2 of 7 PART A - GENERAL 1. Estimated total cost of project $209,750.00 Describe all water treatment N/A 2. Existing plant capacity (MGD) N/A Plant capacity increase (MGD) N/A 3. Previous DER permit number(s), if any N/A 4. Present population of area served N/A Per capita consumption 125 gal / day 5. Design population (additional served by this project) 57 6. Total ERC`s+ served oh file Total ERC's approved on file Additional ERC's 19 [ERC (Equivalent Residential Connection) 3.5 persons] 7. Give any industrial users of abnormal demands N/A a. Current system: water demand, in MGD (from plant operation report) Average day On file . Maximum day Maximum hour (GPM) Additional water demand, MGD: Avg. day .0072 Max. day Max. Mr. (GPM) 9. Is plant designed for 24 -hour operation or what portion? Yes 10. Give characteristics of raw water (attach chemical analysis) On file 11. Give source proposed water (deep well, shallow well, spring, surface) Teauesta Water D ept. 12. Sewage disposal N/A _... (Name and Address of sewerage utility) 13. Finished water storage: Elevated On file Ground On file Existing Capacity N/A Capacity Increase N/A 14. Existing service pump capacity (MGD) N/A Additional service pump cap. (MGD) 15. Static head in relation to pumping plant On file 16. Well permit from water management district? Yes X Permit No. On file No Explain PART a - DISTRIBUTION SYSTEM I.. Interconnection with other system Teguesta Water Department 2. Minimum size pipe 4 •+ PVC •+ Maximum size pipe $ PVC Minimum system pressure 20 Maximum system pressure 75 f. t-, r irh control provided in dtsaign? Yes, Fire hydrants provided _- 4. Ueaeribn dead -ond Condit -ionu and necesyity•ror flushing including number of such coridi t ►ons and flushing schedule Blow -off at dead end conditions UCit Form t 7- 1.208( 1) kfreet►vn yuvnmber 30, 1982 Pr►ge 3 of 7 r y S. Describe croon- connection control program None 6. Describe corrosion control program as necessary N/A 7. Water demand for additional connections (MGD) .0072 a. Number of each type of additional connections (residential, commercial, agricultural, industrial) to be served 19 Single Family R sidCn Ps PART C - WELL SUPPLY NIA Existing Wells Well Identification Size of Casin Depth of Casin Depth of Well Pura (t e) Pump Caoacit (GPM) Proposed Wells Well Identification Size of Casin Deoth of Casin Depth of Well Pump (type) Pump Capacity GPM) Type of well construction Casing material Aquifer Give all geological data, including log of test wells or wells in vicinity. Describe possible sources of contamination (particularly those within 100' of well._ PART 0 - SURFACE SUPPLIES NSA 1. Name of stream, lake, or pond 2. Show by attached map watershed, towns or communities above intake, industrial plants, and in immediate vicinity, farm house, picnic ground, abattoirs and other anarr_en of pollution, with distance from intake. Locate intake on map. DER Form 17- 1.208(1) Effective November 30, 1982 Page 4 of 7 3. Site of watershed in square miles Est. Min. dry - weather flow intake 4. Basis of min. dry - weather flow estimate g, Existing Raw Meter Pumps Prop osed Raw Water Pumps T e Capacit Suction Mead Discharge Head PART E - TREATMENT PLANT N/A ' 1. Type of treatment: a) Pumping and disinfection b) Conventional floc and settling c) Upflow d) Demineralization (type) e) Other 2. Design details: a) Emergency intake bypass of raw water b) Aerations type max. design rate detention orifices number of trays los4 of head c) Service pumps: existing (no.'& cap.) proposed (no. & cap.) d) Disinfection: type disinfectant type, make, capacity and number of feeders e) Auxiliary power F) Metering device and location g) Mixing chamber (conventional): type - dimensions capacity detention velocity (at maximum design rate) Allowable head: total per.baffle Mechanical agitator: size blade motor pyripheral ypewd_ bypass -1ramays h) Coagulating basins (conventional): DER Form 17- 1.208(1). Effective November 30, 1982 Page 5 of 7 capacity detention time at maximum plant cnpnc:ty __. -_ •_._•.__ velocity capacity of each compartment Distribution flow: inlet devices _ outlet devices i) Suspended solids contact units (upflow) Process Diameter Capacity U flow rate Detention period Overflow Rate Softenin Clarification Remarks: j) Chemical dosing devices (other type disinfecting): Number of machines and type feeding: Alum Lime coagulant aid (Name) _ Activated Carbon recarbonation number and size of solution tanks points of application size and kind of piping k) filter units: type, material, number units - areas, dimensions, capacity of each unit and for total plant wash troughs, number and shape dimensions and distance above sand (top trough and top sand) spacing (center to center) max. travel suspended particles - - - -- filtering material: gravel (depth h size) wand q other media (specify) depth of bed mean effective size (in mm.) uniformity coefficient filter bottom: type ratio total area of perforations to sand area DER Form I7- 1.208(1) Effective November 30 , 1982 Page 6 of 7 i laterals: size and spacing on manifold perforations: size and spacing on laterals on manifold ratio: total area perforations to total cross- sectional area of laterals manifold size and cross- sectional area backwash pump(s): type and design rate depth.water on sand: maximum minimum average wash tank capacity Appurtenances: loss of head gauges rate of flow gauges rate controllers Clear well: location capacity dimensions 1) Laboratory: room and bench space (areas) scope of tests provided for m) Bypass to plant emergency intake n) List type and capacities of emergency well and service pumping units o) Attach schematic diagram, plans and specifications shdwing pump(s), pipe sizes, valves, etc. DER Form 17- 1.208 {1) Effectiv.- Novombnr 50, 1 Page 7 of 7 1 OFFICE OF. THE VILLAGE MANAGER VILLAGE OF TEQUESTA 3S7 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 305 - - P.O. BOX 3273 746 -7457 TEQUESTA, FLORIDA 33458 } Mx. Francis T. Ryan, Esq. Ryan & Ryan P. 0. Box 14517 Benchmark Building 618 North Federal Highway North Palm Beach, Florida 33408 Dear Mr. Ryan: Re: Lots-No. 11 and.No.•12 Bayview Terrace Subdivision .Pursuant to your verbal request, this letter �s to advise you that we have First American Bank and Trust Irrevocable Letter of Credit No. 1803 dated May 30, 1985 'and expiring May 30, 1986 in the amount of $217,129. for Wesley Oldham to assure the construction of roads, drainage, sewer and water systems for Bayview.Terrace Subdivision according to the plans prepared by Timothy J. Messler, P.E. and approved by the Village Council at their February 26, 1985 Council Meeting. Yours very truly,, VILLAGE OF TEQUESTA ROBERT HARP Village Manager RH:mk cc: Mr. John C. Randolph, Village Attorney Mr. Scott D. Ladd, Building Official i f DFFICE . QF THE VILLAGE MANAGER VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 303 - P.O. BOX 3273 746 -7457 TEQUESTA, FLORIDA 33456 Mr. Timothy J. Messier, P.B. Timothy J. Messier, Inc. 2560 RCA Boulevard Palm Beach Gardens, Florida 33410. Dear Mr. Messier: RE : BAYVIEW TERRACE SUBDIVISION Pursuant to your recent verbal request, the following items will be required to be submitted to the Village prior to their execution of the plat for the referenced subdivision: 1. Check in the amount of $30,767.00 representing contribution for parks purposes. 2. Submittal of your estimate of.costs for construction of the subdivision. This will be reviewed and approved by Gee & Jenson. 3. Receipt of cash, surety bond. irrevocable letter of credit or certified check in the amount of 1100 of the construction costs for the subdivision, as determined in Item 2. The Village Attorney will have to approve a surety bond or irrevocable letter of credit. 4. The Building Official, Mr. Scott D. Ladd, should be contacted in regard to required licensing and permits. During the construction of the subdivision, various inspections will be required to be.made by the Village's engineers, & Jenson, at the expense of the developer. You should contact Mr. James K. Collins, P.E., Gee & Jenson, to determine what inspections will be required and to determine a schedule for making same. r Mr. Timothy J. Messler, P.E. March 15, 1985 Page 2 - Please feel free to contact us if you have any further questions in this regard. Yours very truly, VILLAGE OF TEQUESTA ROBERT HARP RH:mk Village Manager cc: Mr. James K. Collins, P.E. Gee & Jenson Mr. John C. Randolph, Village Attorney 'Mr. Scott D. Ladd, Building Official° G� �r-44 t.G 307 TEQUESTA DRIVE (305) 746 -7900 TEQUESTA, FLORIDA 33458 and Trust May 30, 1985 IRREVOCABLE LETIM OF CREDIT 140. 1803 Village of Tequesta Village Hall 357 Tequesta Drive Tequesta, Florida 33458 Attention: Village manager Gentlemen: In accordance with instructions received from Wesley Oldham, we hereby establish our clean. irrevocable Letter of Credit #1803 in your favor in the mount of TWO HUNDRED SEVENTEEN THOUSAND ONE HUNDRED MUM NINE DOLLARS AND NO CENTS ($217,129.00) effective as of May 30, 1985 and expiring at our office at the close of business one year from date, or May 30, 1986, or upon written authorization from you, whichever comes first. Funds'under this credit are available to you hereunder not exceeding in the aggregate amount of this credit against your sight draft on us mentioning our Letter of Credit #1803 acconpanied by a statement purporting to be signed by the Village Engineer of Tequesta, Florida to the effect that; Wesley Oldham has defaulted under its agreemnt with the Village of Tequesta in the develop - ment known as Bayview Terrace Subdivision according to the plans prepared by Timothy J. Messler and approved by the Village Council at its February 26, 1985 council meeting. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn under and in compliance with the terms of this Credit, that such drafts will be duly accepted by First Arrican Bank and Trust. This Credit is subject to the uniforra Customs and Practice for Documentary Credits (1974 Revision) International Chamber of Commerce Brodiure No. 290. Sincerely, FIRST AMERICAN BANK AND TRUST SIDNEY KOPPERL SENIOR VICE PRESIDE 719 2-4 ek � . 307 TEQUESTA DRIVE (305) 746 -7900 TEQUESTA, FLORIDA 33458 and Trust May 30, 1985 IRREVOCABLE T F'Trf'f +.R, OF CREDIT N0. 1803 Village of Tequesta Village Hall 357 Tequesta Drive Tequesta, Florida 33458 Attention: Village Manager Gentlemen: In accordance with instructions received from Wesley Oldham, we hereby establish our clean irrevocable Letter of Credit #1803 in your favor in the amount of MJO HUNDRED SEVENTEEN THOUSAND ONE HUNDRED Tf'EgI.'Y NINE DOLLARS AND NO CENTS ($217,129.00) effective as of May 30, 1985 and expiring at our office at the close of business one year from date, or May 30, 1986, or upon written authorization from you, whichever comes first. Funds under this credit are available to you hereunder not exceeding in the aggregate amount of this credit against your sight draft on us r.�entio our Letter of Credit #1803 acconpanied by a statement purporting to be signed by the Village Engineer of Tequesta, Florida to the effect that; Wasley Oldham has defaulted under its agreement with the Village of Tequesta in the develop - irent known as Bayview Terrace Subdivision according to the plans prepared by Timthy J. Messler and approved by the Village Council at its February 26, 1985 council meeting. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn under and in compliance with the terms of this Credit, that such drafts will be duly accepted by First American Bank and Trust. This Credit is subject to the uniform Custons and Practice for Documentary Credits (1974 Revision) International Chamber of Cum. rce Brochure No. 290. Sincerely, S U FIRST ArJEFICAN BANK AND TRUST SIDNEY KOPPERL SENIOR VICE PRESIDEN � G ct n � o l P SL to M -0- m S v y � 90 B s z C m \ 7 r ca \ O )7) 747 -5782 (/an 12,OCL (;onjtruction State Certified General Contractor P.O. BOX 3251 GARY VAN BROCK TEQUESTA, FL 33469 -3251 Received MAY 0 3 2005 Village Mgr's Off BAYVIEW TERRACE HOMEOWNERS' ASSOCIATION SHADY LANE HOMEOWNERS' ASSOCIATION TEQUESTA, FL Mr. Micheal Couzzo April 26, 2005 Village of Tequesta Village Manager 375 Tequesta Drive Tequesta, FL 33469 REF: Agreements/ Bayview Terrace -Shady Lane Re. Park Dear Mr. Couzzo, As per our conversation, please execute an agreement which will revoke the present agreement of October 6, 2004, signed between Bayview Terrace and Shady Lane regarding the common area/park. We will refund the $2,300.00 and sign the new agreement so that we may once again make this common area/park a private area between the two communities of Shady Lane and Bayview Terrrace. Thank you very much for your consideration, Sincerely, Robin Neandross, President Bayview Terrace Homeowners' Association Lise Gibson, Vice President Lori Book, Treasurer Renata Veau, Secretary JONES FOSTER Flagler Center Tower, Suite 1100 Mailing Address J OHNSTON 505 South Flagler Drive Post Office Box 3475 Cx Q� S PA West Palm Beach, Florida 33401 West Palm Beach, Florida 33402 -3475 17 1 Telephone (561) 659 -3000 Attorneys and Counselors Scott G. Hawkins, Esquire F{eceiVed Direct Dial: 561 - 650 -0460 Direct Fax: 561 - 650 -0436 7 05 E -Mail: shawkins @Jones- foster.com MAR March 2, 2005 Village IVigr'S Off Mike Couzzo Manager Village of Tequesta 250 Tequesta Drive Tequesta, Florida 33469 Re: Village of Tequesta Dear Mike: This letter is in follow -up to our telephone conversation of Tuesday, March 1, 2005. Enclosed for your reference are copies of the following letters that were previously sent: 1. Letter to Geoffrey L. Jones, Esq. inquiring regarding his client's intention with respect to reimbursement of the Village of Tequesta for funds advanced to support re- sodding of the Bay View Terrace "recreation area." Mr. Jones had previously contacted me about this issue and I have not heard from him in response to my correspondence. 2. Correspondence to you dated Friday, February 25, 2005, relative to my preliminary review of legal issues presented in the matter involving Steven Wille etc., and certain abandoned right -of -way in the proximity of Tequesta Drive. Please call me if you have any questions in this regard. Very truly yours, JONES, F ` R, J r 04 V N yet STUBBS, P.A. By Scott G. Hawkins SGH:lo Enclosure WSGH \13153 -1 mtr \couzzo- 033- sgh- 03- 02- 05.doc www.jones-foster.com JONES FOSTER Flagler Center Tower, Suite 1100 Mailing Address JOHNSTON 505 South Flagler Drive Post Office Box 3475 VC Q� ST P ^ West Palm Beach, Florida 33401 West Palm Beach, Florida 33402 -3475 , 1� ri Telephone (561) 659 -3000 Attorneys and Counselors Scott G. Hawkins, Esquire Direct Dial: 561 - 650 -0460 Direct Fax: 561 - 650 -0436 E -Mail: shawkins @jones - foster.com February 23, 2005 Geoffrey L. Jones, Esquire Jeck, Harris & Jones, LLP Suite 400, Reynolds Plaza 1061 East Indiantown Road Jupiter, Florida 33477 Re: Village of Tequesta, Our File No. 13153 Dear Mr. Jones: When we last spoke, you indicated that your client, or an associate thereof, was exploring the prospect of reimbursing the Village the funds that were previously given by the Village to support re- sodding the recreation area. I recently left word that the Village Manager thought this possibility would be a way to address the resolution of your client's concerns. Of course, as previously noted, final approval from the Village Council will be required for any future or subsequent modification to the Bay View Terrace Agreement. Where do matters stand with your client in this regard? Very truly yours, JONES, F TER, JOHNSTON & STUBBS, P.A. By Scott G. Hawkins SGH:lo N:\SGH\13153-1\ltr\jones-001-sgh-02-23-05.doc www.jones fostencom r JON FOSTER Flagler Center Tower, Suite 1100 Mailing Address JOHNSTON STON 505 South Flagler Drive Post Office Box 3475 Q� ST TA n q West Palm Beach, Florida 33401 West Palm Beach, Florida 33402 -3475 Ul 1 Vl� BS 1 •ri. Telephone (561 ) 659 -3000 Attorneys and Counselors Scott G. Hawkins, Esquire Direct Dial: 561- 650 -0460 Direct Fax: 561 - 650 -0436 E -Mail: shawkins @Jones - foster.com February 25, 2005 Via E -mail Mike Couzzo Manager Village of Tequesta 250 Tequesta Drive Tequesta, Florida 33469 Re: Village of Tequesta /Steven and Linda Wille/Tequesta Drive Dear Mike: This letter is written in follow -up to our recent discussions regarding the Council's request that I investigate and review certain legal issues associated with lands previously abandoned by the Village of Tequesta which are now being utilized by certain residents for ingress and egress to the rear portion of lots owned by such residents that live in the Village of Tequesta. The abandoned lands in question are separated from Tequesta Drive by an area of Tequesta right -of -way that is approximately 60 feet in depth. In such right -of -way area there is a lift station owned by ENCON. The specific question raised is whether a health hazard is presented when the abandoned lands are accessed by traffic from Tequesta Drive. Specifically, to access such abandoned lands, traffic must traverse the right -of -way owned by Tequesta which is referenced above. In this regard, questions have been raised as to whether Tequesta, in connection with its powers to protect the general health, safety and welfare of its citizens, should take steps to block or otherwise restrict such access. Regarding these questions, I have had multiple conversations with Steven Wille who was a defendant in a recent legal action which addressed the rights of certain plaintiffs relative to these abandoned lands. I have discussed with Mr. Wille the issues presented in the court case. Further, I have met with you and Mr. Newell at the site to inspect the right -of -way, the point of access, the traffic pattern whereby the right -of -way is traversed, and the proximity of the lift station and surrounding properties. In addition, I have reviewed certain surveys provided by Mr. Newell regarding the configuration of this area. www.jones-foster.com Mike Couzzo February 25, 2005 Page 2 At this juncture, I have not completed my analysis but wanted to provide you with an interim report. In addition, I wanted to provide you with the Court's ruling and direct your attention to certain portions therein. In particular, I direct your attention to paragraph 12, wherein Judge Winikoff ruled as follows: It is hereupon ORDERED AND ADJUDGED: 12. Plaintiffs, R.D. Bonard and Dawn P. Bonard, the owners of Lot 600, have an appurtenant easement of ingress and egress, for both pedestrian and vehicular access, over and across the easterly twenty feet L201 of that portion of the disputed Parcel (as defined in the Complaint) awarded to Defendants WILLE pursuant to Paragraph 20 of the Partial summa[ ry Judgment As to Counts I And II of the Complaint The ruling further provides that the easement created by the Court's ruling is appurtenant to Lot 600 and shall pass to the grantees [of Lot 600] in any conveyance of the title to Lot 600 by Plaintiffs Bonard. In connection with the above - referenced rulings, I am evaluating what action can be taken by the Village of Tequesta, if any, in connection with its obligation to protect the general health, safety and welfare of its citizens, in view of Judge Winikoff's ruling. As you know, the Village of Tequesta was not a party to the prior legal proceeding but this ruling nevertheless must be evaluated and considered in determining how Tequesta proceeds. It is my intention to present a brief report regarding this issue at the March Council meeting. If you have any questions in the interim, please contact me forthwith. I will keep you further advised. Very truly yours, JONES, FO TER, JOHNSTON &,STUBBS, P.A. r By Scott G. Hawkins SGH:Io Enclosure N: \S GH \13153-1 \Itr\couzzo- 031 - sgh- 02- 25- 05.doc IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY. GERALD BRACCI and MARGARET BRACCI, his CASE NO. CL 00- 8004 -AW wife, LINDA M. PEARSON, WILLIAM H. SCOVILLE, LELAND S. DINGEE and HELEN K. DINGEE, his wife, and ROXANNE HARVEY, DANA M. ANDERSON and CAROL W. ANDERSON, his wife, ROBERT J. DELMORE and ROSARIO DELMORE, his wife, JACQUELINE D. BRETT, as trustee, and R. D. BONARD and DAWN P. BONARD, his wife, Plaintiffs, !s. TRENT W. WALKER, CAROLYN S. GILSON, WILLIAM E. BURCKART and CYNTHIA M. BURCKART, his wife, CARMEN LEGATO and CAROL A. LEGATO, his wife, BRIAN K. O'BRIEN and JULIE A. O'BRIEN, his wife, LARRY E. WRIGHT and CAROL M. WRIGHT, his wife, and STEVEN J. WILLE and LINDA S. WILLE, his wife, and the LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, a special district of the State of Florida, Defendants. PARTIAL FINAL JUDGMENT AS TO COUNTS III AND V AGAINST DEFENDANTS WALKER, GILSON & WILLE THIS CAUSE came before the court for trial of Counts III and V of the Complaint filed in the above - styled action. Having heard the evidence adduced by the parties, reviewed the legal authority submitted on behalf of same, reviewed the responses of Defendants WILLE and WALKER to the Request For Admissions filed by Plaintiffs, and otherwise being advised in the premises, the court finds as follows: 1. The Plat of Tequesta was recorded in the Official Records of Palm Beach County on December 20, 1956, in Plat Book 25, Pages 7 - 15. 2. The Plat of Tequesta was thereafter partially amended by the Replat of Part of Plat of Tequesta on August 27, 1958, recorded in the Official Records of Palm Beach County in Plat Book 25, Page 220. 3. Plaintiffs BONARD own lot 600 of the Tequesta subdivision as depicted on the Replat described above, having received title to same on December 1, 1964. 4. Defendants WILLE own Lot 599 of the Tequesta subdivision as depicted on the Replat described above, having received title to same on July 29, 1994. 5. The Plat of Bayview Terrace was recorded in the Official Records of Palm Beach County on June 21, 1985, in Plat Book 51, Page 86. 6. Defendants WALKER and G ILSON previously owned Lot 10 as depicted on the Plat of Bayview Terrace, contiguous to the right of way of Tequesta Drive and its intersection with the Disputed Parcel (as defined in the Complaint) on the northeastern boundary thereof. 7. The Disputed Parcel was abandoned by the Village of Tequesta as a public roadway by the adoption of Resolution No. 46 -99/00 on February 10, 2000. Upon abandonment, the Disputed Parcel was relieved of the burden of the public easement. 8. Because Plaintiffs BONARD received title to Lot 600 by a deed which referred to a plat (the Plat of Tequesta, as thereafter amended), a private easement of ingress and egress arose in favor of said plaintiffs over the Disputed Parcel as depicted on the plat to the extent that the use of the same was reasonably and materially beneficial to the Plaintiffs and the deprivation thereof =!d be haan —fu! or detrimental to the vRl to of their lot. Powers v. Scobie 60 So.2d 738 (Fla. 1952); Freeman v. McIntosh 338 So.2d 538 (4 DCA, 1976); and Highland Construction v. Paquette 697 So.2d 235 (5 DCA, 1997). 9. The defense raised in the Second Affirmative Defense (Unclean Hands) is not relevant to, and can not defeat, the claim of an implied easement of ingress and egress asserted by Plaintiffs BONARD over the portion of the Disputed Parcel awarded to Defendants WILLE for the following reasons: Page 2 Case No. CL 00- 8004 -AW A. The zoning ordinances cited therein (1) are not applicable to the type of real property interest (a private easement arising by implicaiion) involved in this action, (ii) are clearly intended to apply as design standards to new subdivisions of real property within the Village of Tequesta and not to subdivisions which existed prior to their adoption (the Plat of Tequesta was recorded on December 20, 1956, and the Replat of Tequesta was recorded on August 27, 1958), (iii) apply in part [see Ordinance No. 355 - Appendix A, Section VII, Paragraph (9)(m)(2) & 9(m)(3)] to the Mixed Used ( "MU ") Zoning District and not to the zoning district (R -1 A) in which the Disputed Parcel, Lot 599 and Lot 600 are situated, and (iv) were not adopted by the Village of Tequesta until August 25, 1987 (Ordinance No. 355) and May 10, 1990 (Ordinance No. 398) and are not by their terms retroactive; consequently, the zoning ordinances do not apply to the implied easement which arose in favor of Plaintiffs BONARD by implication upon the conveyance of title to same. See Burnham v. Davis Islands, Inc. 87 So.2d 97 (Fla. 1956) at Page 100, in which the Supreme Court stated "Such easements are vested or perfected in a grantee immediately upon conveyance to him..." Burnham 87 So.2d 97, at page 100. B. The defense of unclean hands raised by Defendants WILLE is based upon the alleged violations of zoning ordinances arising from the use of the Disputed Parcel by Plaintiffs. The zoning violations claimed by WILLE do not apply to the implied private easement interest claimed by Plaintiffs BONARD for the reasons set forth in subparagraph 8(A) above; accordingly, the unclean hands defense must fail. 10. The defense raised in the Third Affirmative Defense (violation of the Village of Tequesta Zoning Code) is not legally relevant to, and can not defeat, the causes of action raised in Counts III and V of the Complaint for the reasons set forth in Paragraph 9 above. 11. In addition, in light of the court's ruling (as set forth in Paragraphs 11 - 15 of the Partial Summary Judgment As To Counts I And II of the Complaint - Docket Entry No. 123) that the Village of Tequesta never owned the fee title to the Disputed Parcel, the First and Fourth Page 3 Case No. CL 00- 8004 -AW Affirmative Defenses have been previously adjudicated against Defendants W ILLE, WALKER and GILSON, and are otherwise not relevant to the issues raised in Counts III and V of the Complaint; consequently, said defenses must fail. Based upon the foregoing findings, it is hereupon ORDERED AND ADJUDGED: 12. Plaintiffs, R.D. Bonard and Dawn P. Bonard, the owners of lot 600, have an appurtenant easement of ingress and egress, for both pedestrian and vehicular access, over and across the easterly twenty feet (20') of that portion of the Disputed Parcel (as defined in the Complaint) awarded to Defendants WILLE pursuant to Paragraph 20 of the Partial Summary Judgment As To Counts I And II of the Comglaint ,(Docket Entry No. 123), which area is hereinafter referred to as the "Easement Area" and is more particularly described as follows: The easterly twenty feet (20) of each of the following described parcels: Begin at the Northwest Corner of Lot 3, according to the Plat of Noit Gedacht, as recorded in Plat Book 67, Pages 81 and 82, public records of Palm Beach County, Florida; thence S 00° 25' 12" W (bearing basis) along the West line of said Lot 3, 18.35 feet to the Northeast corner of lot 600, according to the Replat of Part Plat of Tequesta, as recorded in Plat Book 25, Page 220, public records of Palm Beach County, Florida; thence, N 89 34' 48" W along the North line of said Lot 600, 30.00 feet to the intersection with the East line of Lot 599 of said Replat of Part Plat of Tequesta; thence N 00 2612" E along said East line, 18.35 feet; thence S 89 34' 48" E, 30.00 feet to the Point of Beginning. Containing 550 square feet, more or less. ( The foregoing parcel is depicted in Exhibit 1 attached hereto AND Begin at the Southwest Corner of Lot 3, according to the Plat of Bayview Terrace, as recorded in Plat Book 51, Page 87, public records of Pala i Beach County, Florida; thence N 00 25' 12" E (bearing basis) along the West line of said Lot 3, 52.20 feet; thence N 89 34'48" W 30.00 feet to the Northeast corner of Lot 599, according to the Replat of Part Plat of Tequesta, as recorded in Plat Book 25, Page 220, public records of Palm Beach County, Florida; thence S 00 25 W along the East line of said Lot 599, 52.20 feet; thence S 89 34' 48" E, 30.00 feet to the Point of Beginning. Containing 1,566 square feet, more or less. ( The foregoing parcel is depicted in Exhibit 2 attached hereto) The easement created hereby is appurtenant to Lot 600 and shall pass to the grantees in any conveyance of the title to lot 600 by Plaintiffs BONARD. Page 4 Case No. CL 00- 8004 -AW 13. As to Count V of the Complaint, a money judgment for damages in the total sum of $ 4,500.00 is hereby entered ii i favor of Plaintiffs BRACCI, ANDERSON and BONARD, and against Defendant, Trent W. Walker, consisting of the following specific awards: A. The suin of $ 2.400.00 is awarded to Plaintiffs, Dana M. Anderson and Carol W. Anderson (whose address is 48 Yacht Club Place, Tequesta, Florida); and, B. The suin of $ 2,100.00 is awarded to Plaintiffs, Gerald Bracci and Margaret Bracci (whose address is 64 Yacht Club Place, Tequesta, Florida), Dana M. Anderson and Carol W. Anderson (whose address is 48 Yacht Club Place, Tequesta, Florida), and R.D. Bonard and Dawn P. Bonard, (whose address is 32 Yacht Club Place, Tequesta, Florida), for all of which let execution issue forthwith. 14. The court hereby reserves jurisdiction over the parties hereto, as well as the subject matter hereof, as follows: A. To grant supplemental relief against Defendants WILLE, if required, in the form of an injunction or other legal process to require the removal of the portion of said Defendants' fence which obstructs the Easement Area, as well as any other obstructions erected by said Defendants therein, and otherwise to enforce the terms of this Partial Final Judgment. B. To adjudicate the equitable lien claimed by counsel for Plaintiffs BRACCI, ANDERSON and WILLE, jurisdiction of which was reserved by this court in its earlier Orders (Docket Entry Nos. 130 and 158). C. To assess taxable costs against Defendants WILLE and WALKER. DUNE AND ORDERED at the Palm Beach County Courthouse, West Pa Florida , on this day of December 2004.' �+�{ ;) Y �fi�• i q" CIRCUIT COURT JUDGE Jeffrey A. Winikoff Page 5 Case No. CL 00- 8004 -AW Copies furnished to: D.R. Girvin, Esquire, 1080 East Indiantown Road, Suite 102, Jupiter, Florida 33477. Steven Wille and Linda Wille, 36 Yacht Club Place, Tequesta, Florida 33469. Trent W. Walker, c/o Palm Beach Financial Network, 11891 U.S. Highway One, Suite 101, North Palm Beach, Florida 33408. Carolyn S. Gilson, 151 Washington Avenue, Woodbury, Connecticut 06787. Page 6 Case No. CL 00- 8004 -AW SKE.I tH OF LEGAL DESCR i ra' T I ON ( THIS IS NOT A SURVEY) 10' UTILITY EASEMENT ( ORB 11625, PG 306) ' o N 5 9 7 I �, BAYV I EW COURT �CL m W 3 SCALE: i' -60' Lo ` �¢ of � — — — — 598 0 cn C� uj z D ¢ ° cc TERRACE PLAT::, OF TEOUESTA — o p (PLAT BOOK 6!, PAGE. 87) (PLAT BOOK 25r PAGE 7 -16). -I LL) , W ~ m ° 3 w ° p — — — — — z a a P. 0. B NN CORNER LOT 3 NOIT GEDACHT 5 g g 3D, oo• S89' 34' 48 E REPLAT OF PART NOD' 25' i2' E PLAT OF TEOUESTA ie. 35' SOD' 25' i2' W i8. 35' 3 ( PLAT BOOK 25, PAGE 220) N89 4'419 W NE CORNER LOT 600 1 30. 00' N O I T GEDACHT I (PLAT BOOK 67, PAGES 81 S 82) 600 W . LINE LOT 3, N O I T GEDACHT I' DESCRIPTION A PORTION OF THE ABANDONED TEQUESTA DRIVE RIGHT -OF -WAY, ACCORDING TO THE PLAT OF ,TEQUESTA, AS RECORDED IN PLAT BOOK 25, PAGES 7 THROUGH 16, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 3, ACCORDING TO THE PLAT OF NOIT GEDACHT, AS RECORDED IN PLAT BOOK 67, PAGES 81 AND 82, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00' 25' i2" W ( BEARING BASIS) ALONG THE WEST LINE OF SAID LOT 3, 18.35. FEET TO THE NORTHEAST CORNER OF.:LOT 600, ACCORDING THE REPLAT OF PART PLAT OF TEQUESTA, AS RECORDED IN PLAT BOOK 25, PAGE 220, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N89 34' 48" W ALONG THE NORTH LINE' OF SAID LOT 600, 30.00 FEET TO THE INTERSECTION WITH THE EAST LINE*OF LOT 599 OF SAID REPLAT OF PART PLAT OF TEQUESTA; THENCE N00' 25' 2N E ALONG SA I D EAST L I NE, iB. 35 FEET; THENCE S89" 34' 48" E, 30.'00 FEET TO THE POINT OF BEGINNING. CONTAINING 550 SQUARE FEET, MORE OR LESS. DAIL EY AND ASSOCIATES. INC. DOKW. _ DA .ILEY SURVEYING 6 MAPPING HVEYOR AND ' PPER 112 N. U .S. HIGHWAY No, i FLORIDA REGISTRATION No. 2439 TEOUESTA, FLORIDA 33469 PHONE: (561) 746 - 8424 DATE: 7/18/2001 EXHIBIT 'I JOB NO.: 01- 145 -2 -31 SKETCH OF LEGAL DESCRIPTION ( THIS IS NOT A SURVEY) 10' UTILITY EASEMENT ( ORB 11625, PG 306) N 5 9 7 VF- BAYV 1 EW COURT I SCALE: i' -60' 598 i BAYVIEW TERRACE PLAT OF TEGUESTA ( PLAT BOOK 51, PAGE 87) ( PLAT BOOK 25, PAGE 7 -i6) m 3 cv 30. 00' -- - --�°— 8 34'4 W 0-- LL D .'4 . v O O ..i O �. I.- N. NN Q 1— cv 599 W I o o w — N Z �Q o REPLAT OF PART o o u •34'48 PLAT OF TEGUESTA o z Z 30. 00' ( PLAT BOOK 25, PAGE 220) m O P. 0. B 3 z SW CORNER LOT 3 N O I T GEDACHT I (PLAT BOOK 67, PAGES 81 6 82) m Q 600 v I DESCRIPTION A PORTION OF THE ABANDONED TEGUESTA DRIVE RIGHT —OF —WAY, ACCORDING TO THE PLAT OF TEGUESTA, AS RECORDED IN PLAT BOOK 25, PAGES 7 THROUGH i6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 3, ACCORDING TO THE PLAT OF BAYVIEW TERRACE, AS RECORDED IN PLAT BOOK 51, PAGE 87,' PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N00.25' 12° E (BEARING BASIS) ALONG THE WEST LINE OF SAID LOT 3, 52.20 FEET; THENCE .N89 48" W, 30.00 FEET TO THE NORTHEAST CORNER OF LOT 599, ACCORDING TO THE REPLAT OF PART PLAT OF TEGUESTA, AS RECORDED IN PLAT BOOK 25, PAGE 220, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 0'00 "W ALONG THE EAST LINE OF SAID LOT 599, 52. 20 FEET; THENCE S89° 34' 4B" E. 30. 00 FEET TO THE PO I NT OF BEG I NN I NG. CONTAINING 1566 SQUARE FEET, MORE OR LESS. DAI LyEY AND ASSOCIATES INC. . PF — w DA SURVEYING 6 MAPPING SURVEYOR AND APPER 112 N. U.S. HIGHWAY No. i FLORIDA REGISTRATION NO. 2439 TEGUESTA, FLORIDA 33469 PHONE: (561) 746 -8424 DATE: 7 /iB /200i EXH I B I T 2 JOB NO.: 01 - - t SKETCH OF LEGAL DESCRIPTION ( THIS IS NOT A SURVEY) 10' UTILITY EASEMENT ( ORB 11625, PG 306 ) N 597 I BAYVIEW COURT 0 J I SCALE: i' -60' Z W X z — — — — 5 3 BAYVIEW TERRACE PLAT OF TEGUESTA cD ( PLAT BOOK 51, PAGE 87) ( PLAT BOOK 25, PAGE 7 -16) O 3 c� 30. 00' - -- -- . 34'48'K w LL � m . cu p p . in a N N CL 599 LD Q W �o o N Z REPLAT OF PART = o ¢ v 6 se !*34'48 PLAT OF TEGUESTA � o z = 30. 00' ( PLAT BOOK 25, PAGE 220) m O P. 0. B 3 p SW CORNER LOT 3 N O I T GEDACHT Z (PLAT BOOK 67, PAGES Bi 6 82) V] I Q 600 v I DESCRIPTION A PORTION OF THE ABANDONED TEGUESTA DRIVE RIGHT -OF -WAY, ACCORDING TO THE PLAT OF TEGUESTA, AS RECORDED IN PLAT BOOK 25, PAGES 7 THROUGH 16, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 3, ACCORDING TO THE PLAT OF BAYVIEW TERRACE, AS RECORDED IN PLAT BOOK 51, PAGE 87, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N00 °25'i2pE (BEARING BASIS) ALONG THE WEST LINE OF SAID LOT 3, 52.20 FEET; THENCE .NB9' 34' 48" W, 30.00 FEET TO THE NORTHEAST CORNER OF LOT 599, ACCORDING TO THE REPLAT OF PART PLAT OF TEGUESTA, AS RECORDED IN BOOK 25, PAGE 220, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOO" 25' i 2" W ALONG THE EAST LINE OF SAID LOT 599, 52.20 FEET; THENCE S89' 34' 48" E, 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1566 SQUARE FEET, MORE OR LESS. 1 . DAI LEY I AND ASSOCIATES INC. W. DA(LEY SURVEYING 6 MAPPING SURVEYOR AND APPER TE N. U. S. HIG No. i FLORIDA REGISTRATION No. 2439 TEGUESTA, FLORIDA 33469 PHONE: (561) 746 -8424 DATE: 7/18/2001 EXHIBIT 2 JOB NO.: 01- 145-2 -32 SKE OF LEGAL DESCR 1 rT I ON ( THIS IS NOT A SURVEY) 10' UTILITY EASEMENT to ( ORB i i 625, PG 306) I t o N 597 I c7 BAYVIEW COURT r n W 3 CD cu SCALE: i' -60' m I �¢ o tD 598 Q ►- W LO :Dcc ° BAYVIEW TERRACE PLAT:, OF TEGUESTA. Z a 0 ( PLAT BOOK 51. PAGE. 67) ( PLAT BOOK 25.- PAGE 7 —i6). F O W. m 3 w 0 0 — — — — — z a — — — — — — m a P. 0. B NN CORNER LOT 3 N 599 3. oo• OIT GEDACHT S89' 34' 48 E REPLAT OF PART NOD' 25' i2' E PLAT OF TEGUESTA i8. 35' S00 i 8. 35' ( PLAT BOOK 25. PAGE 220) N89' 34' 48 N NE CORNER LOT 600 3 � 30. 00' N O I T GEOACHT (PLAT BOOK 67, PAGES 8i C 82) 600 I W. LINE LOT 3, N O I T GEDACHT DESCRIPTION A PORTION OF THE ABANDONED TEGUESTA DRIVE RIGHT -OF -WAY, ACCORDING TO THE PLAT OF TEGUESTA, AS RECORDED IN PLAT BOOK 25, PAGES 7 THROUGH 16, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.' BEGIN AT THE NORTHWEST CORNER OF LOT 3, ACCORDING TO THE PLAT OF NOIT GEDACHT, AS RECORDED IN PLAT BOOK 67, PAGES Bi AND 82, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00 i2" W _( BEARING BASIS-) ALONG THE WEST LINE OF SAID LOT 3, i B. 35 _ FEET TO THE NORTHEAST CORNER OF:LOT 600, ACCORDING THE REPLAT OF PART PLAT OF TEGUESTA, AS RECORDED IN PLAT BOOK 25, PAGE 220, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N89 34' 48" W ALONG THE NORTH LINE' OF SAID LOT 600, 30.00 FEET TO THE INTERSECTION WITH THE EAST LINE'OF LOT 599 OF SAID REPLAT OF PART PLAT OF TEGUESTA; THENCE N00' 25' i 2" E ALONG SAID EAST LINE, i 8. 35 FEET; THENCE S89 34' 48" E, 30.'00 FEET TO THE POINT OF BEGINNING. CONTAINING 550 SQUARE FEET, MORE OR LESS. DAILEY AND ASSOCIATES. INC. DAWW. DA.ILEY SURVEYING 6 MAPPING HVEYOR AND WAPPER 112 N. U S. HIGHWAY No. 1 FLORIDA REGISTRATION No. 2439 TEGUESTA, FLORIDA 33469 PHONE: (561) 746 - 8424 DATE: 7 /iB /200i EXHIBIT I JOB NO.: 01- 145 -2 -31 JONES FOSTER Flagler Center Tower, Suite 1100 Mailing Address J OHNSTON 505 South Flagler Drive Post Office Box 3475 & STUBBS P.A. West Palm Beach, Florida 33401 West Palm Beach, Florida 33402 -3475 / Telephone (561) 659 -3000 Attorneys and Counselors Scott G. Hawkins, Esquire Direct Dial: 561 - 650 -0460 Direct Fax: 561 - 650 -0436 E -Mail: shawkins @jones - foster.com February 23, 2005 Geoffrey L. Jones, Esquire Jeck, Harris & Jones, LLP Suite 400, Reynolds Plaza 1061 East Indiantown Road Jupiter, Florida 33477 Re: Village of Tequesta, Our File No. 13153 Dear Mr. Jones: When we last spoke, you indicated that your client, or an associate thereof, was exploring the prospect of reimbursing the Village the funds that were previously given by the Village to support re- sodding the recreation area. I recently left word that the Village Manager thought this possibility would be a way to address the resolution of your client's concerns. Of course, as previously noted, final approval from the Village Council will be required for any future or subsequent modification to the Bay View Terrace Agreement. Where do matters stand with your client in this regard? Very truly yours, JONES, F TER, JOHNSTON & STUBBS, P.A. i By Scott G. Hawkins SGH:lo N: \SGH \13153-1 \Itr \Jones- 001- sgh- 02- 23- 05.doc www.jones-foster.com UZI JONES FOSTER Flagler Center Tower, Suite 1100 Mailing Address JOHNSTON 505 South Flagler Drive Post Office Box 3475 CJ"' C � Q� STUBBS PA West Palm Beach, Florida 33401 West Palm Beach, Florida 33402 -3475 i Telephone (561) 659 -3000 Attorneys and Counselors G s ?j 2009 i Scott G. Hawkins, Esquire ---- - --- -` Direct Dial: 561 - 650 -0460 Direct Fax: 561 - 650 -0436 E -Mail: shawkins @jones- foster.com January 11, 2005 Michael R. Couzzo, Jr. Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 -0273 RE: Village of Tequesta Dear Mike: This letter is a follow -up to our telephone conversation of Tuesday, January 11, 2005. As I mentioned to you, I have been engaged in a conversation with attorney Geoffrey L. Jones relative to his representation of Mr. Lawrence Wright and Mr. Wright's concerns regarding the agreement between the Village and the Bayview Terrace and Shady Lane Homeowners' Associations. In this regard, I provide you with a copy of prior correspondence from Mr. Jones involving the Agreement entered into in October 2004 between the Village of Tequesta and Bayview Terrace and Shady Lane Homeowners' Associations. As discussed and as indicated in the letter from Mr. Jones, Mr. Wright is concerned that the aforementioned Agreement will result in the Bayview Terrance and Shady Lane "Recreation Area" being treated as a "public park." It is Mr. Wright's position that this was never the intent when the Recreation Area was dedicated by the developer. According to Mr. Wright, the Recreation Area was dedicated for the use of the private association members to remain as a private park. Please review Mr. Jones' correspondence and contact me regarding this issue. I would like to consider with you how best to respond to Mr. Jones. www,jones foster.com Mr. Michael R. Couzzo, Jr. January 11, 2005 Page 2 Please note that subsequent to our telephone conversation, I spoke with Geoff and assured him that it was never the intent of the Village to create a public part that would be widely attended. However, the Village was concerned that if it gave funds to the Homeowners' Associations to beautify this private Recreation Area, it could only do so if assurances were given that the public would not be denied access. Further, I noted to Mr. Jones that there is no funding mechanism in Tequesta for providing to beautify a private area and that this was a unique and special circumstance given the request of the Homeowners' Association. I look forward to discussing this with you at your convenience. Very truly yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. r- B W C cott G. Hawkins, Esq. SGH /Ism Enclosure N: \SGH \13153-1 \Itr\couzzo- 027- sgh- 01- 11 -05. DOC JEC& FUMS & JONES, LLP Attorneys and Counselors at Law Writer's Direct Line: (561) 746 -1344 Ext. 308 Writer's E -Mail Address: GJONES @JHJLLP.COM Website: WWW.JHJLLP.COM December 8, 2004 Scott G. Hawkins, Esq. Jones, Foster, Johnston & Stubbs, P.A. P.O. Box 3475 West Palm Beach, FL 33402 -3475 RE: Village of Teguesta ( "Village ") /Agreement between Village and Bavview Terrace and Shady Lane Homeowners' Associations Dear Mr. Hawkins: I write to you in your capacity as attorney for the Village. My firm represents Lawrence Wright. Mr. Wright is a resident of the Village. Mr. Wright's home is adjacent to the "Recreation Area" that is the subject of the above- referenced agreement entered into in October 2004 between the Village and two homeowners' associations (the "Agreement "). On behalf of Mr. Wright, both in his capacity as a Village resident and as a property owner whose home is adjacent to the property that is the subject of the Agreement, there are certain matters referenced in the Agreement that require further scrutiny by the Village. Initially, the Agreement refers to the Recreation Area (as that term is used in the plat by which the area was dedicated to the two homeowners' associations), as "a private park now open to the public ... which serves as a recreational facility to benefit citizens of the Village of Tequesta and Bayview Terrace and Shady Lane" (Agreement, 4 th "Whereas" Clause) and "is a public park available to the guests and residents of the Village" (Agreement, 7 th "Whereas" Clause). In addition, the two homeowners associations represented that "access to the park shall be freely granted to residents and guests of the Village ". Agreement, Paragraph 3. (1 am uncertain in what capacity "Shady Lane Homeowners Association" signed the Agreement since we understand that association was involuntarily dissolved in 1986.) The Recreation Area is a small piece of property that averages approximately 30 feet in width. It is located between two residential properties, one of which is owned by Mr. Wright. At a minimum, the Recreation Area was contemplated by the plat dedication for the use of the private association members to remain a private park. The Village and the associations, by operation of the Agreement, have attempted to change this small private area to a de facto public park, with all of the use, noise, and foot and vehicular traffic associated with a public park. The de facto public park is not maintained by the Village, patrolled by Village law enforcement or life guards, and does not have other amenities associated with a public park. This expansion of the area's use by the two associations was without any notice to adjoining landowners, whose property values may diminish as public use increases, without any public hearing concerning the change in use, and without any regulatory or procedural review or oversight that would accompany such a significant chang in the use to which the property is being put. At a SUITE 400, 1061 EAST INDIANTOWN ROAD, JUPITER, FLORIDA 33477 -5143 (561) 746 -1002 FAX: (561) 747-4113 (772) 283 -5004 (MARTIN COUNTY) _ JECK, HARRIS & JONES, LLP Scott G. Hawkins, Esq. December 8, 2004 Page 2 of 2 minimum, the Village zoning code would not allow such use except by special exception. This assumes the area is actually owned and maintained by the Village, which is not the case. The use of the area as a de facto public park in a residential district, without any of the protections and law enforcement that a public park provides, is not addressed as either a permitted use or special exception in the zoning code. Furthermore, the Recreation Area was initially established by a grant of easement by the developer that stated that the underlying land "shall be a [sic] designated as a recreational area for the mutual use and benefit of the members" of the two associations. Grant of Easement, O.R. Book 4273, Page 0303. The Recreation Area itself is required, by the plat by which it was dedicated to "THE BAYVIEW TERRACE PROPERTY OWNERS' ASSOCIATION, INC. AND THE SHADY LANE PROPERTY OWNERS' ASSOCIATION, INC. ", to be "THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATIONS" (capitals in the original). In light of that obligation, we are uncertain what role the Village has assumed by entering into an Agreement establishing "a public park ". In addition, the Recreation Area is a common property of the Bayview Terrace Property Owners' Association. The ability to transfer any access and use rights belonging to the members of that association are limited by the association's governing documents. Specifically, those governing documents provide that any transfer of such access and use rights shall be ineffective unless an instrument signed by two thirds of the voting members has been recorded. Accordingly, we understand that a prerequisite to the Agreement did not occur. Even assuming the requisite numbers of members are willing to de -value their own properties by conveying what had been a private amenity into an amenity shared with the general public, the other reasons cited above argue against an expansion of the use of this area designated and always treated as a private residential recreation area. Thus, I request that the Village revisit the Agreement and confirm that an expansion of the use of this Recreation Area to public use would be improper and no entitlement or right to public use can or should be conveyed. I request that-the Village consider all of the affected parties and adjoining property owners. Mr. Wright is unwilling to accept the supposed actions and intended use which will impact negatively both his and surrounding landowners' properties. Thank you for your consideration of the foregoing. Should you require any clarification concerning Mr. Wright's position and commitment to this issue, please contact me. Very truly yours, Geoffrey L. Jones GLJ /bmd cc: Lawrence Wright uJO ��������, eAA uJ 4� k 6,,,Sc -e-t C� , f e-c�,� BAY VIEW TERRACE HOMEOWNERS ASSOCIATION SHADY LANE HOMEOWNERS ASSOCIATION June 23, 2004 Dear Mayor Watkins and Counsel Members, Pursuant to meeting with Mr. Couzzo on June 22, we are writing to you to ask for your help in beautifying the passive park that exists between the Bay View Terrace and Shady Lane neighborhoods. This park is accessible to the public. The communities are not gated and the park is surrounded by public roads. You can walk or ride a bike down the sidewalk which we have already installed, with the two park benches overlooking the Loxahatchee River. We would now like to irrigate and sod the area. We feel that by completing what we have started, the park would be a tremendous enhancement and benefit to the Village as well as all the residents of the Village who have been enjoying this recreational area in the community. We know how hard the Mayor and Council have worked to beautify the Village and we want to try to follow in your footsteps in helping to enhance and keep all our property values up. We are very dedicated to this project. We have committed $10,000.00 to complete this. Unfortunately we quickly came to the conclusion that a well would not be in compliance with your beautification efforts as it would create a lot of rust and could be subjected to salt intrusion. Therefore we would like to pay the capital connection fee and come into the Villages water system. Unfortunately, in doing this, we are now over budget by the amount of the capital connect fee which is approximately $2300.00. If there is any way the Village could assist us with the sod in this area, we would be able to finish the park for the community. All would be able to enjoy this area and all would benefit from this. The residents of the Village would have a lovely area to walk down to the river and the Village would also have our Home Owners Associations paying the capital connect fee, coming into the Villages water system. We would also be using city water every month, watering approximately 24,000 square foot of sod. We would like to personally say how very privileged we feel to be able to live in Tequesta. We are very grateful for all that the Village has done in its beautification efforts in providing our families with a wonderful community to raise our children in. We are only hoping to be able to add to your efforts and hope to do as good a job as you have done in making a beautiful community even better. Please call me if you have any questions. Robin can be reached at 743 -4732 or Charles at 659 -8844 Thank ou, Robin Neandross President, Bayview Terrace Homeowners Association Charles B. Fischer, Jr. Treasurer Shady Lane Homeowners Association / Oc'tce T . 1 � � J 4 , ..J .. 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