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To: Mayor/CounciUV'illage Manger
Subject: Annezation of Rood Property
From: 3effery C. Newell, Director of Community Development
Date: August 2, 2001
Re: annearation
In accoxdance with Article N, Municipal Powezs. Section 4.03.
" T€;the V"lllage of Tequesta shall desire to chan�e its terrimrial limits,
__ eithe�:��;�ii�ega.tion or contraction, it shall do so in the manner Lescribed
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bp .,. ,, _: � o da Statutes, 97 , as amend d from time to time,
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- Staff�Qr�men,ds the adoption of the ordinance to provide annexation of the pmperty herein
desc��bed.
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171.044 'VQ�um►tary annexation. -
(1} The owner or owners of real property in an unincorporated area of
a county which is contiguous to a municipality and reasonably compact may
� petition the goveming body of said municipality that said praperty be annexed
to the municipality.
(2) Upon deterinination by the governing body of the municipality that
the petirion bears the signatures of all owners of property in the area proposed
to be annexed, the goveming body may, at any regular meeti.ng, adopt a
nonemergency ordi.n.ance to annex said property and redefine the boundary
lines of the municipality to include said property. Said ordinance shall be
passed after notice of the annexatian has been published at least once each
week for 2 consecutive weeks in some newspaper in such city or town or, if
no newspaper is published in said city or town, then in a newspaper published
in the same county; and if no newspaper is published in said county, then at
least three printed copies of said notice sha11 be posted for 4 consecutive
weeks at some conspicuous place in said city or town. The notice shall give
the ordi.nance number and a brief, general description of the area proposed to
be annexed. The description shall include a map elearly showing the area and
a statement that the complete legal description by metes and bounds and the
�rdinance can be obtained from the offce of the city clerk.
(3) An ordinance adopted under this section shall be filed with the
clerk of t�e circuit,court and the cluef administrative officer of the county in
which the municipality is located and with the Department of State within 7
days after the �.doption of such orduiance. The ordinance must include a map
which clearly shows the annexed area and a complete legal description of that
area by metes and bounds.
(4} The method of annexation provided by this section sha11 be
supplemental. to any other procedure provided by general or special law,
except that this section shall not apgly to municipalities in counties with
charters which provide for an exclusive method of municipal annexation.
(5) Land shall not be annexed through voluntary annexation when such
;`�annexation results in the creation of enclaves.
(6) Upon publishing or posting the ordinance notice required under
subsection (2), the governing body of the municipality must provide a copy of
the notice, via certified mail, to the board of the county cominissioners of the
county wherein the municipality is located. The notice provision provided in
this subsection shall not be the basis of any cause of action challenging the
annexation.
History --s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1,
i. 90-171; s. 16, ch. 9Q-279; s. 16, ch
Copyright 2000 Stah�tet Infobase Pripted 7/2GV01 at 4:38:44 PM
Darby Printing Company Qnery: onnexation Page 1
PETITION FOR ANNEXATION
TO: V"illage Council
Village of Tequesta
P.O. Box 3273
Tequesta, FL 33469
Gentlemen:
THE LJNDERSIGNED, being the owners of the following premises located at Rood
�.andscape �o. proAertv containing 1 5 . 23 acres, situate, lying and being in
Palm Beach County, Florida and described as follows (Enter full legal description. Attach
additional page if necessary.):
SEE ATTACHED PAGE
hereby respectfully request that said property, which is contiguous to the territorial limits of the
V'illage of Tequesta, Florida, be annea�ed to and included within the territorial limits of the V'illage of
Tequesta, and thax said property be zoned R- � zoning classification and land use
cla55ification ofResidential Low Density
The undersigned fwther certify thax they aze the only owners of said property.
�oo �
Dated this �'�,,.day of , �
p p�� Roy S. Rood ��
�� N�) signa�re)
(Pc�mt lvame) (Si�a�e)
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W�tess V19ness
�,CKNO ED MENT
STATE Q��, ���,
County of �
BEFORE ME, personally appeared�iL� �. T100G� and
, to me known to be the person described in and who
executed the foregoing instrument, and who acknowledged to me that they executed the
instrument for the purpose therein expressed.
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.07/26/2001 10:01 561-575-5260 GGG & ASSOCIATES PAGE 02
ORDINANC� N0.
�
AN ORDINANCE OF THE VILLAGE
C4UNCIL O� TNE VILLAGE QF TEQUESTA,
PALM BEACH COUNTY, FI.ORIDA�
ANNEXING INTO THE VILLAGE PARCEL�
pF LAND, WHICH A�E CONTIGUOUS TO
tHE VlLLAGE I.iMITS, pWNED BY ROY �.
ROOD AND PATRICIA M. ROOp. A
RESIdENTIAL PROPERTY LOCATED AT
y��� �����y�;�.
� � pESRIPTICIN dF RQPERTY
,-�-� , F�- 3346q PROPOSED TO �E ANNEXED; REpEFIN1NG
THE BOUNdAR1ES I�F THE VILLACE TO
INCLUDE SAID � REpL PROPERTY;
PRQVIDING FOR REPEAL OF ALL
ORDINANCE3 IN CONFLICT; PRaV1DING
FOR SEVERABIUTY; pROVIDlN� FOR AN
EFFECTIVE DATE; PROVlDING 1=0R
ADVERTISfNG; AND PROVtDtNG TWAT
THIS ORDINANCE SHALL BE FILEd 1NItH
THE CLERK Q� THE CIRCUIT COURT Q�
PALM BEACH CC�UNTY, FLORiDA� ANd
FLORIDA DEPARTMENt OF STATE UPQN
ADOF�TION.
WHEREAS. the petitioner, Roy S. Rood and Patricia M.
Road, owners of those land more particularly described in Exhibit
° A°, attached hereto and rri�de a part hereof, by and through their
agent Gentile Holtoway O'M�honey 8 Associates. Inc. have
• requested th�t the �tlage of Tequesta annex certain lands into the
corpor�te limits of the Village; and
WHEREAS, the Village Council of the Yillage of Tequesta
finds that said lands are cvntfguous with the corporate tirrrit� ort the
Village of TequBSta, create no enclaves and the Village of Tequesta
can effectively provide police, fire, w�ter and sanitary services to
said land, all in cornp{iance with the terms and requirements of
Ch�pter 171, Ftorida Statutes, and the Village of Tequesta Code;
and
WHEREAS, the property shaU b� in accordance with the
regulatory requirements of Palm Bea�ch County, until such time as
the Village's Camprehensive Land Use P(an shall be amended to
include said annexed lands.
07/26/2001 10:01 561-575-5260 GGG & ASSOCIATES PAGE 03
BE iT OF�DAINED BY TH� VILLAGE CpUNCiL OF THE
ViLLAGE TEQUESTA. P'ALM BEACH COUNTY. FLORIDA, AS
FOLLOWS:
Section 9. The Village of T�questa, Fiorida. hereby
annexes to the Vi}lage an area contiguous. contpact. unincorporatal
territory as hereinafter described:
a PARCEL OF LAND IN SEGTtON 25, TOWNSHIP 40 SOUTH, RANGE
42 EAST� PALM BEACH COUN7Y, FLORIDA MORE PARTI+CULARLY
DESCRlH�p AS FOLLQWS:
FR�M THE NORTHEA$T CORNER OF THE NORTHEAST QUARTER
OF THE NORTHWES7 QUARTER OF SAIp SECTIQN 25 PROCEEp N
89 43' 58" W. ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER, 280,02 FEET; THENCE S 00 2$' Q7" E, PARP►LIEL TO
TME EAST I.INE OF SAID Nt�RTHWEST pUARTER, 552.98 FEET Tp
THE POINT OF BEGINNING; THENC� CONTINUE S 00 28' 07" E,
779.68 FEET T4 TH� SOUTH LINE QF SAlD NOFtTHEAST QUARfiER
OF THE NORTHWEST QUARTER; THENCE N 89 58' 00" W, ALONG
SAID SOUTH LINE, 19.60 FEET; THENCE S 00 28' 07" E, 276.77
FEET TO A I�INE PARA�LEL TO AND 125.Qp FEET NQRTH OF THE
NORTH LlNE UF THE F2EPALT OF RIVER CREST AS R�C�RDED IN
PLAT BOCJK 21, PAGE 97, PALM BEACH CQUNTY, �LpRIDA PUBI.IC
RECpRDS;
THENCE N 89 38' 4D" E. ALONG SAID PARALLEL l�iN�, 99 F�ET
THENCE S 00 2$' 07" E,125.00 FEET TO THE NORTHWEST CORNER
OF LOT 2 p� SqID REPLAT OF RIVER Ci�EST; THENCE S pp 21' 2p•
E. ALUNC THE WEST LINE OF SAIp LOT 2, 124.77 FE�T TO THE
SUUTH LINE OF SAID REPLAT QF RIVER CREST; THENCE N 89 '�8'
40" E, ALOlVG SAIp SOUTH LlNE 20.p0 FEET; THENCE N 00 21' 20'
W, 124.77 FEFT TO THE NORTH LINE OF SAIp LOT 2� TH�NCE N 89
37' 2'!" E, ALONG TtiE NOf�TH LINE dF LOTS 1 ANp 2 pF SAID
RIVER CRE57, 119.$3 FEET TQ A LINE 60.00 FEET WEST OF AND
PARALLEL TD SAID EAST LINE OF THE NORTHWEST QUARTER;
THENCE S pp 2$' p7" E, 124.$2 FEET TO SAI� SOUTH LINE QF
RIVER �REST; TH�NC� N 89 3$' 4t7" E, ALONG SAId SOUTH UNE
64.00 FEET TO SAID EAST �INE Of THE NURTHWEST QUARTER;
THENCE N p0 2$' O7" W, 524.50 �EET TD THE SOUTHWEST
CORNER OF THE NQRTHWEST QUARTER OF THE NQRTHEAST
QUAR7�R OF SAID SECTION 25; THENCE S 89 57' 25" E, ALONG
THE SOUTH L1NE OF SAiD NORTHWEST QUAFtTER OF TH�
NOi2�'H�AST QUARTER, 420.02 FEET TO THE EA$T LINE OF THE
WE�T 420.00 FEET UF SAID Nl7RTHEAST CtUAf7TER; 7HENCE N 00
2$' Q7" W, ALONG SAID EAST LINE, 779.fi3 �E�T; TH�NC� N 89 5�'
07/26/2001 10:01 561-575-5260 GGG $ ASSOCIATES PAGE 04
25" W, PARALLEL �'O SAID SOUTH LINE OF TH� N�RTNWEST
QUARTER O� THE NORTH�AST QURATER, 700.03 FEET TO THE
PQINT OF BEGINNING.
Ct7NTAINING 95.23 ACRE�, MORE qR LESS.
Section 2. The boundaries of the Village of Tequesta,
Florida. are hereby red�fined and shall indude the above-described re�i
property, and said praperty is her�by declared tc� be within the corporate
limits of the Vill�ge of Tequesta, Florida.
Section 3. Severability. ff any provision of this Clydinance
or the �pplication thereaf is held invalid. such invalidity shall not affect the
other provisions or applications of this Ordinance which can be given
effec� without the invalid provisivns or applications, and to this end, the
provisions of this Ordinance are hereby declared severable.
Sectian 4. Repeal of QrdinanGes in Canflict. All othQr
ardinances of the Village �f Tequesta� Florida, or parts thereof which
conflict with this or any part of this Qrdinance are hereby repealed.
ection 5. Codification. This Ordina�ce shall h�e codified
a�nd made � pa�t of tt►e vfficial Gode or Ordinances of the Village of
Tequest�.
S io� 6. Eff�ctive Date. This Ordinanc+e shAit take
. effect immediately upon the passage and adophon of a land us and
�oning designation acc�ptable by the owners and or their assigns of the
Prope+'tY•
Counalmember , offered the
fo�e�oing Ordinance, and moved its adoption. The motion w8g seconded
by Councilmember , and upon being put to a vote,
the vate was as follows:
FOR ADppTION AGAINST AD�PTION
07/26/2001 10:01 561-575-5260 GGG $ ASSOCIATES PAGE 05
Yhe Mayor thereupon deciared the Ordinance duty `passed and
�dopted this day of . 20
MAYOR tJF TEQUESTA
Geraldin� Genco
ATTEST:
Village Cle�lc
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