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Home My WebLink AboutOrdinance_17-17_09/14/2017 ORDINANCE NO. 17-17 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ORDINANCE 586 REGARDING THE VOLUNTARY ANNEXATION OF CERTAIN REAL PROPERTY LOCATED ON U.S.HIGHWAY ONE PREVIOUSLY OWNED BY DEBORAH AND DOUGLAS HOWELL AND CURRENTLY OWNED BY BARTL REAL ESTATE, INC., IN ORDER TO REVISE AND AMEND THE STATED INTENT OF THE ANNEXATION AND THE LEGAL DESCRIPTION OF THE PROPERTY SO ANNEXED TO INCLUDE THE EASTERLY RIGHT OF WAY BUFFER AS ORIGINALLY CONTEMPLATED;PROVIDING THAT THE REAL PROPERTY VOLUNTARILY ANNEXED BY ORDINANCE 586, ALONG WITH THE EASTERLY RIGHT OF WAY BUFFER THERETO,ARE HEREBY ANNEXED PURSUANT TO SEC. 171.044, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; REDEFINING THE BOUNDARIES OF THE VILLAGE OF TEQUESTA TO INCLUDE ALL OF SAID REAL PROPERTY AND EASTERLY RIGHT OF WAY BUFFER; 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 EFFECTNE DATE;AND FOR OTHER PURPOSES. WHEREAS,the Village Council of the Village of Teyuesta,Florida,has received a written petition signed by all owners of real property located adjacent to U.S.Highway 1 as more particularly described herein, requesting the revision and amendment of Ordinance 586, which originally effectuated the voluntary annexation of this subject real property into the Village of Tequesta, to include the easterly right of way buffer thereto, pursuant to the provisions of Section 171.044, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter; and WHEREAS,the above referenced parcels of real property comprise one area of contiguous, compact,unincorporated territory in and adjacent to the Village of Tequesta,all of which have been developed or are suitable for development for urban purposes; and WHEREAS, the voluntary annexation of said parcels will not result in the creation of an enclave; and WHEREAS,the V illage of Tequesta has caused all required advertisements and notices to be - 1 - published and sent to all required recipients pursuant to Sec. 171.044, Florida Statutes; and WHEREAS, when Ordinance 586 was originally adopted, effectuating the voluntary annexation of the real property located adjacent to U.S. Highway 1 as more particularly described herein, it was contemplated that the easterly right of way would be annexed into the Village of Tequesta; however, said easterly right of way was excluded from Ordinance 586; and WHEREAS,all other portions of the easterly right of way as contained on the plat of Jupiter Heights have, over time, been annexed into the Village of Tequesta in conjunction with the annexation of adjacent parcels; and WHEREAS,the subject portion of the easterly right of way is the only remaining portion of the easterly right of way which has not been annexed into the Village of Tequesta; and WHEREAS, it is the opinion of the Village Council that it is in the best public interests that Ordinance 586 be revised and amended to include the easterly right of way to the real property located adjacent to U.S.Highway 1 as more particularly described herein,as was contemplated when Ordinance 586 was adopted,thus effectuating the complete annexation of the entire easterly right of way, as contained on the plat of Jupiter Heights, into the Village of Tequesta. 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 herein. Section 2: Ordinance 586 of the V illage of Tequesta is hereby corrected and amended to include not only the originally voluntarily annexed real property consisting of a total of 0.4959+/- acres, more or less, but also in addition, the easterly right of way thereto, all of which is legally described as set forth on Exhibit A and depicted on the map attached hereto as Exhibit B and made a part hereof,qua(ifies for annexation pursuant to Section 171.044,Florida Statutes,as fully described in the recitals hereinabove,and the same is hereby annexed into the Village of Tequesta,Florida as permitted by Section 4.02 of the Village of Teyuesta Charter. Section 3: The Vil(age 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 - 2 - Clerk of the Circuit Court,Palm Beach County,and the Chief Administrative Of�icer of Palm Beach County 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 remainder 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. - 3 - ORDINANCE 17-17 Upon Second Readin� MOTION SECOND Council Membcr Frank D'Ambra Vice-Mayor Vincc Arcna VOTF F012 AGAINST ABSF.NT ADOPTION ADOPTION Mayor Abby Brennan � ❑ ❑ Vice-Mayor Vince Arena � ❑ ❑ Council Member Steve Okun � ❑ ❑ Council Member Tom Paterno � ❑ ❑ Council Member Frank D'Ambra � � � The Mayor thereupon declared the Ordinance duly passed and adopted this 14-Scp-2017 MAYOR OF TEQUESTA ATTEST: �� ,,,,,",,,,,� �F ��, ,,,. Q,Ca.... .. T ,, ..ORPO'' F � ;;�v\''.G p°'°, < ` '4'yj;.,G; �. ��Y1�c.J�. = :,N�S'Fq `�`LN= Lori McWilliams, MMC ; �RPOqq�D'_�a? Village Clerk :.� ��"'�-,,�`��•.. 4, 19�.:� ``�;,, ''°��F F10R��P"°�,, ,,,,,,,,��,,,,,,,,�� EXHIBIT "A" LEGAL DESCRIPTI�N LOTS 1 THROUGH 9, INCLUSIVE, BLOCK 5, AND THE 20 F00T WIDE ALLEY LYING EAST OF AND ADJACENT TO LOTS 1 THROUGH 9, BLOCK 5, JUPITER HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 69. TOGETHER WITH A PARCEL OF LAND 40 FEET IN WIDTH, MEASURED FROM EAST TO WEST, AND 180 FEET IN LENGTH, MEASURED FROM NORTH TO SOUTH, LYING IMMEDIATELY WEST OF AND ADJACENT TO LOTS 1 THROUGH 9, INCLUSIVE, OF BLOCK 5, JUPITER HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 23, PAGE 69, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, PALM BEACH COUNTY, FLORIDA. THIS PROPERI'Y BEING THE EAST 40 FEET OF THAT CERTAIN 100 FEET DEDICATED TO THE PUBLIC LYING EAST OF U.S. HIGHWAY #1 (STATE ROAD #5) RUNNING PARALLEL TO SAID ROAD AND BETWEEN SAID ROAD AND SAID LOTS 1 THROUGH 9, INCLUSIVE, OF BLOCK 5. CONTAINING 25,200 SQUARE FEET OR 0.579 ACRES, MORE OR LESS. Le ac g Y Surveying and Mapping,Inc. 112 N. U.S. Highway No. 1 Tequesta, FL. 33469 Phone: (561)746-8424 BUSINESS LICENSE:LB#8130 DATE:JULY 17,2017 SHEET 2 OF 2 JOB NO.: 17-105 EXHIBIT � SKETCH OF LEGAL (THIS IS NOT A SURVEY) oURT � / pALM�S� SCALE: 1"=40' �� Zp 0� N 14�� o $p 00 r` 0�� L�� ,� / /9�� o �p, �\ �� o � � .� � L�T , � � � �� ' 3 , �� ' LpT � � � 2° t� o�' \ � � � � 0 �� o' �-� � LpT � ,, � � o �•�� ' � t� �� r' � yc�y \ ��-� 5 � ��''-c R`cn O L�T - � , � ,� \ � �' r � o � � �„ LpT 6 ,, o \ � L/1 � � �� N � � i O � � � - LpT ? , ,, � � � ,- \ � � ' g �� LpT ,, , o � ,-'� 2�� , T9 �- L� , \ � 9�° � B�QO , 60� \ 1�p 0� � � , �4�� $%UTH o ��og ItpAD \ ��A Le ac g Y Surveying and Mapping,Inc. 112 N. U.S. Highway No. 1 GREGORY T.TUCKER Tequesta, FL. 33469 PROFESSIONAL SURVEYOR 8�MAPPER Phone: (561)746-8424 FLORIDA REGISTRATION No.:6147 BUSINESS LICENSE:LB#8130 DATE:JUIY 17,2017 SHEET 1 OF 2 JOB NO.: 17-105