HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_10/24/2012 ORDINANCE NO. 15-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ANNEXING THREE (3) PARCELS OF REAL
PROPERTY COMPRISING A TOTAL OF 0.7278 ACRES, MORE OR LESS,
LOCATED AT 19578 U.S. HIGHWAY l, 19590 U.S. HIGHWAY 1, AND 19600
U.S. HIGHWAY l, AS MORE PARTICULARLY DE5CRIBED HEREIN; AND
ADDITIONALLY ANNEXING THOSE PORTIONS OF U.S. HIGHWAY #l,
INLET COURT, PALM COURT AND THE EASTERLY RIGHT OF WAY
BUFFER ADJACENT THERETO; PROVIDING THAT THE SUBJECT PARCELS
AND RIGHTS OF WAY ARE HEREBY ANNEXED PURSUANT TO SEC.
171.0413, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF
TEQUESTA CHARTER; DIRECTING THE VILLAGE MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTING
THE VILLAGE CLERK TO FILE A COPY OF THIS ORDiNANCE WITH THE
CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF
ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND WITH THE
DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ADOPTION;
PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta, Florida has received written
petitions signed by the owners of real property located at 19578 U.S. Highway #1, and 19600 U.S.
Highway #1, hereinafter described, who desire that said real property be annexed into the Village of
Tequesta, Florida, pursuant to the provisions of Section 171.0413, Florida Statutes and Sec. 4.02 of
the Village of Tequesta Charter; and
WHEREAS, the owner of real property located at 19590 U.S. Highway #l, hereinafter
described, has not petitioned the Village for annexation; and
WHEREAS, the above referenced three parcels of real property to be annexed into the
Village of Tequesta comprise one area of contiguous, compact, unincorporated territory adjacent to
the Village of Tequesta, all of which has been developed for urban purposes; and
WHEREAS, the said three parcels that comprise the above referenced territory are owned by
individuals or other legal entities which are not registered electors of said territory; and
WHEREAS, the owners of more than 50% of the land within the territory to be annexed have
consented to be annexed into the Village of Tequesta, and the owners of more than 50% of the three
parcels of land within the territory to be annexed have consented to be annexed into the Village of
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Tequesta, as evidenced by their request for annexation; and
WHEREAS, the above facts allow the entire territory, comprised of the above referenced
three parcels of real property, to be annexed into the Village of Tequesta withaut the necessity of a
referendum vote; and
WHEREAS, the Village of Tequesta has prepared a report setting forth its plans to provide
urban services to the area to be annexed containing the information required by Sec. 171.042,
Flo�ida Statutes, and has filed a copy of such report with the Palm Beach County Board of County
Commissioners at least 15 days prior to considering this ordinance on first reading; and
WHEREAS, Palm Beach County has requested that the Village of Tequesta also annex those
portions of U.S. Highway #1, Inlet Court, Palm Court, and the easterly right-of-way buffer adjacent
thereto; and
WHEREAS, the Village Council desires to annex such rights of way at Palm Beach County's
request' and
WHEREAS, the Village of Tequesta has caused all required advertisements and notices to be
published and sent to a11 required recipients pursuant to Sec. 171.0413, Florida Statutes, and Sec.
171.042, Florida Statutes; and
WHEREAS, it is the opinion of the Village Council that it is in the best public interests that
the real property referenced above and more fully described below be annexed into the Village of
Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VII,LAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The above recitals are true and correct and are hereby incorporated herein.
Section 2: The Village Council of the Village of Tequesta finds that the real property
consisting of a total of 0.7278 acres, more or less, along with those portions of U.S. Highway #l,
Inlet Court, Palm Court and the easterly right of way buffer adjacent thereto, legally described as set
forth on E�iibit A and depicted on the map atta.ched hereto as E�ibit B and made a part hereof,
qualifies for annexation pursuant to Section 171.0413, Florida Statutes, as fully described in the
recitals hereinabove, and the same is hereby annexed into the Village of Tequesta, Florida as
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permitted by Section 4.02 of the Village of Tequesta Charter.
Section 3: The Village Manager is hereby directed to do all things necessary to effectuate
this annexation.
Section 4: The Village Clerk is hereby directed to file a copy of this Ordinance with the
Clerk of the Circuit Court, Palm Beach County, and the Chief Administrative Officer of Palm Beach
Counry and with the Department of State within seven (7) days of the adoption of this ordinance.
Section 5: All Ordinances of parts of Ordinances in conflict herewith are hereby
repealed.
Section 6: Should any Section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the rernainder hereof as a whole or any part thereof other than
the part to be declared invalid.
Section 7: This Ordinance shall take effect immediately upon second reading and final
passage.
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Village of Tequesta
Parcel 1: 19600 N. US Highway 1
Unincorporated US Hwy 1 �■■�■■� Owner: Longenecker Samuei Trust
Commercial Parcels • ■ Tequesta Village Boundary Size: 0.2204 acres
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Parcel 2: 19590 N. US Highway 1
N Owner: Judith and Viktor Bardischewski
0 125 250 Proposed Annexation Size: 0.2204 acres
A Parcel 3: 19578 N. US Highway 1
Feet Owner: Bozzuto Capital ��r7�!�j;t�,���
Size: 0.2870 acres -