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Home My WebLink AboutOrdinance_16-13_07/11/2013 ORDINANCE NO. 16-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROPOSING THE ANNEXATION INTO THE VILLAGE OF TEQUESTA OF APPROXIMATELY 44.52 ACRES, MORE OR LESS, OF UNINCORPORATED LAND KNOWN INFORMALLY AS RIVERSIDE PINES, RIVERSIDE ON THE LOXAHATCHEE, RIVER PINES, AND THE ADJACENT UNPLATTED AREA, AND MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT A REFERENDUM VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED SHALL BE HELD AT A SPECIAL ELECTION CALLED FOR THE PURPOSES OF HOLDING THE REFERENDUM ON AUGUST 27, 2013 PURSUANT TO SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; PROVIDING BALLOT LANGUAGE AND INSTRUCTIONS TO VOTERS; PROVIDING FOR NOTICE OF THE REFERENDUM; DIRECTING THE VILLAGE CLERK TO COORDINATE WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS, AND PROVIDE A COPY OF THIS ORDINANCE TO THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ITS 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, desires to annex certain parcels of unincorporated land into the Village of Tequesta, and WHEREAS, said parcels are informally known as Riverside Pines, Riverside on the Loxahatchee, River Pines, and the Adjacent Unplatted Area, and are comprised of approximately 44.52 acres, more or less; and WHEREAS, the Village Council of the Village of Tequesta has made a finding that said unincorporated parcels are reasonably compact, contiguous to the Village of Tequesta, and are developed for urban purposes in accordance with Sec. 171.043, Florida Statutes; and WHEREAS, pursuant to the requirements of Sec. 171.0413, Florida Statutes, and Sec. 4.02 of the Village of Tequesta Charter, the Village of Tequesta will submit to the registered electors of the area proposed to be annexed the question of annexation by referendum to be held at a special election called for the purposes of holding the referendum on August 27, 2013; and WHEREAS, the Village of Tequesta has caused to be prepared an urban services report for the area proposed to be annexed, and has provided same to the Palm Beach County Board of County -1- Commissioners pursuant to Sec. 171.042, Florida Statutes; and WHEREAS, the Village of Tequesta has complied with all notice requirements of Sec. 171.0413 and 171.042, Florida Statutes that pertain to this ordinance; and WHEREAS, it is the opinion of the Village Council that it would be in the best public interests that the real property described herein be annexed into the Village of Tequesta, upon approval of such annexation by the registered electors of the area proposed to be annexed at a referendum to be held at a special election called for the purposes of holding the referendum on August 27, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1 : The above recitals are true and correct, and are hereby incorporated and made an integral part of this ordinance. Section 2 : The unincorporated land, consisting of approximately 44.52 acres, more or less, legally described as set forth on Exhibit A and made a part hereof, and as depicted on the map attached hereto as Exhibit B and made a part hereof, is hereby proposed for annexation into the Village of Tequesta pursuant to Section 171.0413, Florida Statutes, as permitted by Section 4.02 of the Village of Tequesta Charter. Section 3 : The Village Council of the Village of Tequesta hereby submits to the registered electors of the area proposed to be annexed the question of annexation by referendum to be held at a special election called for the purposes of holding the referendum on August 27, 2013. Section 4 : The language to be placed on the August 27, 2013 ballot regarding said referendum shall be as follows: VILLAGE OF TEQUESTA ANNEXATION OF RIVERSIDE PINES, RIVERSIDE ON THE LOXAHATCHEE, RIVER PINES, AND THE ADJACENT UNPLATTED AREA Shall the Village of Tequesta annex the real property informally known as Riverside Pines, Riverside on the Loxahatchee, River Pines, and the Adjacent Unplatted Area, -2- -3- as that property is fully described in Ordinance No. 16-13 of the Village of Tequesta, Florida, effective upon the approval by a majority vote of the registered electors of the area proposed to be annexed? YES — For annexation into the Village of Tequesta of the real property fully described in Ordinance No. 16 -13 of the Village of Tequesta. NO — Against annexation into the Village of Tequesta of the real property fully described in Ordinance No. 16 -13 of the Village of Tequesta. Section 5 : Pursuant to the requirements of Sec. 171.0413(2)(b), Florida Statutes, notice of the referendum on annexation shall be published once each week for two consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the area in which the referendum is to be held. The form of said notice shall be pursuant to the requirements of Sec. 171.0413(2)(b), Florida Statutes. Section 6 : The Village Clerk is hereby directed to coordinate with the Palm Beach County Supervisor of Elections in order to include the above ballot question and language on the August 27, 2013 special election ballot for the property located in the area proposed for annexation. Section 7 : The Village Clerk is hereby directed to provide a copy of this ordinan ce to the Chief Administrative Officer of Palm Beach County and to the Department of State within seven (7) days of the adoption of this ordinance. Section 8 : All Ordinances of parts of Ordinances - in conflict herewith are hereby repealed. Section 9 : 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 remainder hereof as a whole or any part thereof other than the part to be declared invalid. Section 10 : This Ordinance shall take effect immediately upon adoption. The real property described herein shall be annexed into the Village of Tequesta subject to an affirmative vote of the registered electors of the area proposed for annexation, to take place on August 27, 2013. -3- Upon Second Reading this 11 th day of July 2013, the foregoing Ordinance was offered by Council Member D'Ambra who moved its adoption. The motion was seconded by Vice -Mayor Arena and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 11 day of July 2013. MAYOR OF TEQUESTA bigai rennan ATTEST: ° „ee,e1,1111,,,,,,, �q m"cn= Lori McWilliams, MMC S co v1fP0 :a= Village Clerk 4 SA ' sra n l e peee °e° 4 EXHIBIT "A" VILLAGE OF TEQUESTA ANNEXATiON AREA "C" LEGAL DESCRtPT{4N A PARCEL �F lAND LYING 1N SECTION 25, TOWNSHP 4Q SOUTH, RAN�GE 42 EAST, PALM BEACH COUNTY, FI�RID�t, BEiNG ALl OF THE PLAT OF RNER3IDE PINES, AS RECORDED IN PLAT BDOK 43, PAGES 18 AND 19, PUBUC RECORDS QF PAlM BFACH COUNTY, FLORIDA, ALL OF THE PLAT OF RNER PtNEB, AS RECORDED !N PLAT BQOK 38, PAGES 15 AND 18, PUBLIC RECOROS OF PALM BEACH CDUNTY, FLORiDA; l0'fS 1 71�IROUGH 11, BLOCK 3 AND THE RIGH7-0E-WAY OF NORTH DRNE, AS SH04NN AND RECORDED IN PLAT �OOK 9, PAGE 4, PUBLtC RECORD5 OF PALM BEACH CUUNTY, FLORIDA; THE UNPLATTED NC)T lNCLUDED PARCELS QF LAND, SHOWN iN THE PLAT OF TEQUESTA PINES, AS RECORDED fN PiAT BOOK 34, RAGE 8489. PUBLIC RECORDS OF PALM BEACH COUNTY, FlORfOA; THE RiGHT-0E-WAY OF RNERSIDE ORNE 7HAT LIES ADJACENT TO THE PRECEDING DESCRIBED PLATS AND PARCELS. THE SUBMERGED LAND O� THE NORTH FORK OF THE LOXAt�lATCHEE RNER, BOUNDED ON THE EAST Blf THE WESTERLY SHORE L1NE OF SA{D LQTS 1 THROUCH 11, BLOCK 3 AND NORTH DRNE RIGHT-0FaiVi4Y OF SAID PIAT OF RNERSIOE ON THE �.OXAHATCHEE, BOUNDED ON THE SOUTH BY THE NORTHWEST�RLY EXTENS{�N O� THE SOUTHERLY I�ROPERT( LlNE � SAiD LOT 11, BLOCK 3, OF SAID PLAT OF RIVERSIDE ON THE LOXAHATCHEE, BOUNDED ON THE WEST BY THE CENTER�INE OF THE NORTH FORK OF THE LOXAHATCHEE RNER, BOUNQED ON 7HE NORTH BY THE EAST-WEST (IUARTER SECTION LfNE OF SAID SECTIQN 25, BEING MORE PARTICULARLY DESCRtBED AS FOLLOWS: BEGIN AT TME 1NTERSECTf4N OF THf CENTERLiNE E� THE NORTFi FORK � THE LOXAHATCHEE RNER iMTH NORTHWESTERLY fXTENSIE�N OF THE SOUTNERLY PROPERTY LINE OF SAiO Lf)T 11, BL�CK 3, RNERSiDE ON THE LOXAHATCHEE; TtiENCE SOUTHEASTERLY AIONG SAlD NORTHWESTERLY EXTENS[ON ANQ ALONG SAID SOUTHERLY LfNE OF SA4� LOT t 1 AND ALSO AtONG THE 80UTHEASTERLY EXTENSlON OF SAID LOT 1 t t0 THE SOUTFiEASTERLY RIGHT-0E-WAY L#NE OF RNERStDE DRNE; THENCE SOUTHWESTERLIf ALONG SAID SOUTHEASTERLY RIGHT-0F WAY LiNE TO 7'HE SOUTH L{NE OF SAlD PlA7 OF R!1/ERSiDE RINES; �NENCE EASTERLY ALONG SA1D SOUTH LINE OF RNERSlDE PINES TO THE EAST LiNE OF SA1D RNERSIDE PINES; TNENCE NORTHERLY ALONG SRiD EAST l.INE OF RN�RSIDE PINES TQ THE NORTH LINE OF SAID RNER�IUE PINES; THENCE WESTERLY ALONG SAID NORTM LtNE OF SAfO RNERSIDE PiNES TO THf EASTERLY RIGHT-0F WAY LINE �F RNERSIDE ORNE; THENCE NORTHERLY ALONG SAID EASTERtY RIGHT-0E-WAY LINE TO THE SOUTH L1NE OF A NOT iNCLUDED TRACT BETWEEN PARCEL B AND PARCEL C AS SHOWN ON SAID PLAT OF TE4UESTA PlNES; THENCE EASTERLY ALO�NG THE SOUTH LINE OF SAlD NOT tNCLUDED TRACT; THENGE NQRTHERLY ALONG THE EAST LINE OF SAID TRACT; THENCE WEStERLY AE,ONG THE NORTH UNE OF SAId TRACT TO THE EAST RIGHT-0E-WAY LINE OF RNERSIDE DRNE; THENCE NORTHEI�LY ALQNG SAiD EAST RtGHT-0E-WAY LINE TO THE SOUTH LINE OF A NOT tNCLUI��D TRACT . : DAZLEY ANA ASSUCIATES. I1�G Surve�yin� and AAaP�inQ f 12 . t1. . Hipl�y No. 7 Tequs�tay FL 331eB Phone: ('5611 �4E-64?e{ BU91NES3lJCENSE: LHN�27'&� DATE: MAY 20, 2013 SHEET 1 OF 2 JOB NO.: 08-077-13 EXHIBIT "A" V�LLAGE QF TEQU�STA AN�iEXATIaN AREA "C" LYING NORTH OF SRiD PARCEL B, OF 7HE PLAT OF TEQUESTA PiNES; THENCE EAS�ERLY ALONG SAtD SOUTH LINE TO THE EAST LINE OF SAlD NOT fNCLUDEfl TRACT; THENCE _ NORTHERLY ALONG SAID EAST UNE TO 'i'HE NORTH LINE OF SAfD N�T lNCLUDED TRACT; THENC� YVESTERLY ALONG 'fHE NORTH LINE OF SAfD TRACT TO THE NORTHEASTERLY RIGHT-0E-WAY LlNE 01= RNERSIDE �RNE; THENCE NORTHINES"�RLY ALOM(3 SA1D NORTHEAS'�ERLY RlGNT-0E-WAY LINE TQ THE NORTHERLY EXTENSION QF THE EAST LINE OF LOT 147 OF SAID PLAT OF TEQUESTA PINES; TFIENCE SOUTHERLY ALONG SAiD NORTHERl.Y EXTENSI4N AND ALONG THE EAST LINE OF LOTS 147, 146 AND 145 OF SAIQ PLAT OF TEQUESTA PINES; TO THE NORTH L1NE OF SAIQ PIAT OF RNER P�IES; T1iENCE VUESTERLY ALONG SAID NORTH LlNE T� THE IN�ST UNE OF' LOT 5 OF SAID PLAT OF RNER PlNES; THENCE S4UTHERLY ALONG SAfD MIEST LINE OF lOT 5 TO THE NORTH UNE O� tOT 6 OF SAfD PU4T OF RIVER PINES; THENCE 1NESTERLY ALONG SA#D NQR'T#�1 L1NE OF SAtD LOT 6 TO THE WEST LiNE OF SAID LOT 6;1'HENCE SOUTHERLY ALONG SAtD WEST UNE OF LOT 6 ANO ITS SOUTHERLY EXTENSiON TO 7'FiE EA3T WEST QUARTER SECTION LlNE t3F 3AID SECTfON 25; THENCE Ui�S7ERLY ALONG SAlD EAS7 WEST �UARTER SECTtON LfNE TO THE CENTERLINE 06 iliE NORTH FQRK OF THE tOXAHATCHEE RMER; THENCE SOUTHERLY ALONG SAtO CENTERUNE TQ THE PO4NT QF SEGINNING. CONTAINING 44.52 ACRES, MORE t�2 LESS. DAiLEY AND ASSOCIATES ING Surveyin�and Mapping ,�z r�. u. rep�+.y na. t T�. FL. 83r6D Phone: (Sd1) T4d�&[�4 BUSiNESS 110EN8E: L.BR 2798 DATE: MAY 20, 2013 SHEET 2 OF 2 JOB NO.: 08-077-13 EXHIB(T "B" SKETCH OF LECAL (THtS IS NOT A SURVEY} ; `�, ��, r v• - ��d � ,.e �,. `�� nacro � t�i Isr � �� / ` '' 16t 15� 1A6 �� E f 19! � 48T � f� tt9 �6 1M ��D � 19� �, 1 � J N�TM'RY�1DEfl '� � 70t � 10Y t3i � 7NACT � �?2 s� -� 7 »o � � � ffi 2tt . *: il�L�i� � 219 �1� ��\ tit t!S 2/8 iu S � PwRCtl.B � 2ii 414 S �� 213 0 � /33p' 4 Pf39 5318 � � / GRAPH{C SCALE IN FEET +a s s a � � � � t. 1 H= 3� ttl RIVER RNE ,� 1! 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