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Home My WebLink AboutDocumentation_Regular_Tab 06A_10/14/1993 � ' VILLAGE OF TE UESTA /� - ; Q � ; � . ��. Potit Olficc Boz 3273 357 Tcyur<ta Dnvc � "_r� Tcyucst�. Flor►da 334l�9•f1273 • (407) 575-6?00 � � , � Fax: (407) 575-6203 4 1 0 �� CO�M � jrj�'ilrlO�t�l V ��l• . Tp; Village Council FROtrt: Thomas G. Bradford, Village Manaqer � DATE: October 7, 1993 SUB.7ECT: Wall Z5, 26 i Z7 Projact; Water Maia Basement; Resolution of �ecessity; Aqenda Item As you know, the last remaining link for the Village water main associated with the Well 25, 26 & 27 Project is that area owned by the Little Club Condominium Association from which ENCON already � has an easement. In July, 1993, the ENCON Governing Board approved sharinq the south one-half of their easement with the Village for our water main. In August of this year, the Village corresponded with the President of the Little Club Condominium Association, advising him of our need for this route, ENCON's approval of the same and the need for an expeditious decision on their part relative to qranting Tequesta's request for a water main easement deed. We have received no response from the Little Club Condominium Association in this regard, even though a representative of the same met with Tom Hall earlier this past summer and expressed no reservations on - � his part. . Since time is of the essence in the further development of our permitted water supply, it is now necessary to take the steps to proceed with eminent domain proceedings to secure this easement. By adopting Resolution No. 1-93/94, the Village Council grants to the Village staff the power to proceed with the same. We will, of course, make one more attempt to have the Little Club Condominium Association grant this easement to the Village prior to proceeding with eminent domain proceedings. In the event that their response is negative, we will then proceed with this action. It is recommended that the Village Council adopt Resolution No. 1- 93/94. Attachment TGB/krb Recyded Papes � . V(LLAGE OF TEQUESTA �/� � Po`t OIlicc Box 3273 • 357 1'cyucsta Dnvc �w ,"`h Tcyucsta, Florida 334b9-0273 • (407) 575-6200 ; �' � Fax: (407) 575-6203 . .� c o �� C a �� CffUM _ October 4, 1993 H. Adams Weaver, Esq. VIA FACSIMILE Jones, Foster, ,7ohnston & Stubbs, P.A. P.O. Drawer E West Palm Beach, FL 33402-3475 Re: Little Club Basement Acquisition; Resolution of Necessity Dear Adams: Attached hereto, please f ind a Draft Resolution of Necessity that I prepared relative to the above referenced for your review. it is our desire to present this to the Village Council at their meeting on October 14, 1993. Please review the Resolution for legal form and sufficiency and advise me of the same prior to October 8, 1993, the date upon which agenda packets are distributed to the Village Council for their October 14 meeting. Sincerely, � ��r s� Thomas G. Bradford Village Manager TGB/cm c: Thomas C. Hall, Water System Manaqer, w/attachment John C. Randolph, Village Attorney, w/attachment Tom Jensen, P.E., Reese, Macon and Assoc., w�attachment Recycl�d Pajxr i � 'I ! jI RESOLUTION N0. 1-93�94 I I � I� A RESOLUTION OF THE VILLAGE COUNCIL OF THE �I VILLAGE OF TEQUESTA, PALM BEACH COUNTY, !� FLORIDA, DECLARING ACQUISITION OF LAND FOR I� WATER UTILITY LINES TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF � NECESSARY EXPERTS; APiD AUTHORIZING THE f FILING OF EMINENT DOMAIN PROCEEDIIdGS. I WHEREAS, the Village of Tequesta engineers have recommended the acquisition of lands needed for the provision and transmission of potable water for the Village of Tequesta water system; and WHEREAS, funds are� available for the acquisition of the necessary lands; and WHEREAS, the specific property and estate required and needed for the above-described water utility purposes is a permanent easement for the placement of a water line and is described on Exhibit "1" attached hereto and by reference incorporated herein; and I WHEREAS, the Village of Tequesta finds that the acquisition of lands needed for the improvement of the Village of Tequesta Water System, described as Exhibit "1", is a public necessity and the same is necessary and essential to the best interests of the Village of Tequesta, and that the acquisition of the needed real property, as described on Exhibit "1" for water utility purposes is also a public necessity; and WHEREAS, in order to accomplish the acquisition of the needed easements, it is necessary for the Village of Tequesta and the Village Attorney to take legal action and employ real estate appraisers and other experts. IIOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLIAWS: Section 1. The Village Council adopts and ratifies those matters as set forth in the foregoing recitals. Section 2. The Village Manager is hereby authorized and directed to employ real estate appraisers and other e�erts as necessary for the purpose of appraising the value of the property described on attached Exhibit "1" (a permanent water line easement) and providing expert testimony as may be required for the purpose of acquiring said property. Section 3. The Village Attorney is hereby authorized and directed to proceed to take the necessary steps for the Village of Tequesta to acquire in its own name by donation, purchase or by eminent domain proceedings, the real property described on i r I �� Exhibit "1" and to have prepared in the name of the Village of ; Tequesta, all papers, pleadings and other instruments required j� for that purpose, and to see that all eminent domain I proceedings are prosecuted to judgment. i� I Section 4. The Village Manager and the Village Attorney are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes � hereinabove directed. i ! Be it further resolved that the property described on Exhibit "1" is to be used for the following public purpose: for th'e provision of potable water to the Village of Tequesta Water I Utility System and its consumers. , THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION . The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of October, A.D., 1993. MAYOR OF TEQUESTA I I � Ron T. Mackail i ATTEST: Joann Manganiello Village Clerk I ENCINEERS PLANNERS TES�INC SURVEYORS 4Z0 COLUMDIA DItiV� W�S'1' 1'ALM UL:ACII, I�LOItIllA 1'liONls (4U7) G84—GGBG ° � � SKETCH TO AC DESCRIPTION DESCRIPTION , A PARCEL OF LAND LYING WITHIN SECTIONS 22 AND 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST, MARTIN COUNTY, FLORIDA AND BEING MORE PARTICULAFiLY DESCRIBED AS FOLIOWS: BEING AN EASEMENT 12 FEET WIOE AND LYING 12 FEET NORTH OF THE FOLLOWING PERIMETER LINE: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 23 AND THE WEST RIGHT-OF-WAY LINE OF WOODEN BRIDGE ROAD (60 FOOT RIGHT- OF-WAY); THENCE SOUTH 00'26'i0" EAST ALONG SAI� WEST RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89•51'5.1" WEST ALONG A LINE 30.00 FEE7 SOUTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID NORTH LINE OF SECTION 23, A DISTANCE OF 30.00 FEET; THENCE NORTH 00'26' 10" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 89°51'51 " WEST ALONG A LINE 25.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAIO NORTH LINE OF SECTION 23, A DISTANCE OF 1267.76 FEET; THENCE NORTH 89'55'33" WEST ALONG A LINE 25.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID NORTH LINE OF SAID SECTION 22, A OISTANCE OF 16.97 FEET; THENCE , NORTH 44•S5'33" EAST, A DISTANCE OF 35.35 FEET TO A POINT ON SAID NORTH . L1NE OF SECTION 22 AND THE POINT OF TERMINATION. BEARINGS BASED ON THE NORTH LINE OF THE NOR7HEAST ONE•QUARTER OF � ' SECTION 22, TOWNSHIP 40 SOUTH, RANGE 42 EAST, MARTIN COUNTY FLORIDA HAVING AN ASSUMED BEARlNG OF SOUTH 89'S5'33' EAST. THE SIDELINES OF THE ABOVE DESCRIBED STRIP SHALL BE LENGNTENED OR ' SHORTENED TO MEET THE PARAMETERS AS DESCRIBE�. � - •- -- • -�—� � .. � REVtS10NS-UPDATES DATE BY K'0 JOB No.��1�3 8Y� 5L9 CHECKED� I-�W f.8. — PC. — DATE� 7-/2-93 ENCIHEERS PLANNERS TESTING SURYEYORS 4'l0 COLUM131n UltlVl: WI�:�"I' I'�I.�1 ISI;AC;II, I�LUIiIUA t'l1UNl�: (�IU'!) Gy•I-1;1;8G ` � � SKETCH TO AC DESCRIPTION ,� W w� 0 �o �u� . �'� ��' W� � � $ � ro' _ `, SGALE � I' - l00' � � WOODEA! AIORTNEAST Q7K7AlER � g 8R/L1i9E ROAp N.W. �/4 OF A1.W. �/d AF p0lur OF BE�/NN/NG SECT�o4J Q3, � ( N.O°� S!' � I � W. � W I �.�' Z Z I N.GO�'�i�IO�W. �� i I _ 5.00' � 'I ' S I, . . I � O . , � I N c9 0 j �j j2� � V h 6 i I �� - - ' �O . 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M�.... nm. � W Mw ir MM *ak �n.w N t1r w�q pq�np. �r �� .�wwr•w•ua.t+ri ', � � a��i� d � �MtneN� Mr A�IM J08 No.'�'� gY� 8L9 CHECKEO� �N/ f.R. — PG. — nATF� 7-12-93 �, i\ 11.J1�1� r �� V VL L u i��L.��. 1:� � � v r 1 i� v• ENCINEERS P�ANNERS TESTINC SURVEYORS 420 COLUMBIA Dlt1V1: WLS'1' 1'ALMI l3L;AClI, 1�LOltIllA P1tON� (�tU7) G9�-GGBG � SKETCH T� ACCOMPANY DESCRIPTION OESCRIPTION A PARCEL OF LAND LYING WITHIN SECTIONS 22 AND 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST, MARTIN COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING AN EASEMENT 12 FEET WIDE AND LYING 12 FEET NORTH OF THE FOLLOWING PERIMETER LINE: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 23 AND THE WEST RIGHT-OF-WAY LINE OF WOOOEN BRIDGE ROAD (60 FOOT RIGHT- OF-WAYI; THENCE SOUTH 00°26'10" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°51'5.1" WEST ALONG A LINE 30.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID NORTH LINE OF SECTION 23, A DISTANCE OF 30.00 FEET; THENCE NORTH 00°26'10" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 89°51'51" WEST ALONG A LINE 25.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID NORTH LiNE OF SECTION 23, A OISTANCE OF 1267.76 FEET; THENCE NORTH 89°55'33" WEST ALONG A LINE 25.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID NORTH LINE OF SAID SECTION 22, A DISTANCE OF 16.97 FEET; THENCE NORTH 44°55'33" EAST, A DISTANCE OF 35.35 FEET TO A POINT ON SAID NORTH . 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