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Home My WebLink AboutDocumentation_Regular_Tab VA_12/10/1998~ ~ i ~- A ~ ,~ F V 7 ~~ oM E M O R A N D U M r; o V 4h ~ CO To: Village Council From: Thomas G. Bradford, Village Manager Date: November 23, 1998 Subject: Dorothy M. Campbell and Oz of Tequesta, Inc. v. Village of Tequesta; Consideration of Abandonment of Tequesta's Parking Interests in the Dedication for the Property As you know, Tequesta has been sued by Dorothy Campbell and Oz of Tequesta, Inc. The basis of the suit is ownership of the parking lot located upon the property referred to as the Gallery Square North Shopping Center. After many discussions, including formal mediation, the parties in the suit have reached a tentative settlement that requires certain public actions by the Village Council as well as the Village Council's public approval of the Agreement of Settlement and Mutual Release. Settlement. of the suit entails: 1. Tequesta abandonment of the dedication of the parking area. The Plat for the property in question states that the parking lot was dedicated to the public for public parking purposes. It is proposed that Tequesta abandon its interests in the parking lot. 2. Village Council approval of the Agreement of Settlement and Mutual Release as well as a Reciprocal Overflow Parking Easement Agreement. By way of the proposed Reciprocal Overflow Parking Easement Agreement, Tequesta will be able to maintain the significant aspects of its interests in the Gallery Square North Parking Lot. Specifically, the public will continue to be allowed to utilize the Gallery Square North Parking Lot for overflow parking purposes when attending various public meetings and functions at Village Hall, so long as Village Hall remains in its current location or on the parcels of land to the east of the current Village Hall owned by Tequesta. Additionally, Plaintiff, Muriel Manning and Lighthouse Gallery and School of Art will also have overflow parking rights on Tequesta's land. Staff recommends the Village Council approve the abandonment of the dedication of the parcel of land described as the parking area in the re-subdivision of a portion of Jupiter in the Pines, Section "B" based upon the Staff finding that such an abandonment would not be injurious to the general welfare of the public and therefore is in the public's best interests. TGB\ecr WP80\MyFiles\VillageCouncil\Council i1-23-98 RESOLUTION NO. 8-98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ABANDONING THE DEDICATION OF THE PARCEL OF LAND DESCRIBED AS THE "PARKING AREA" IN THE RE-SUBDIVISION OF A PORTION OF JUPITER IN THE PINES, SECTION "B". THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: '~ection 1. That it is in the interest of the general welfare nd the best interest of the Village and the public to vacate, iscontinue, abolish, and abandon the dedication of that ertain parcel of land described as the "Parking Area", more articularly described in the Re-Subdivision of a Portion of upiter in the Pines Section "B", a subdivision of Section 25, ownship 40 South, Range 42 East, Palm Beach County, Florida, ocated within the corporate limits of said Village, and ecorded on January 27, 1961, in Plat Book 26 at page 215, in he public records of Palm Beach County, Florida. (Section 2. That the dedication of that certain parcel of land described as the "Parking Area", more particularly described in the Re-Subdivision of a Portion of Jupiter in the Pines Section "B", a subdivision of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, located within the corporate limits of said Village, and recorded on January 27, 1961, in (Plat Book 26 at page 215, in the public records of Palm Beach County, Florida be and the same are hereby vacated, (discontinued, abolished, and abandoned. ection 3. That the "Parking Area" is now subject to the nterests of the landowners whose property is adjacent thereto. FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded by ncilmember and upon being put to a vote, the e was as follows: FOR ADOPTION AGAINST ADOPTION i y i d lThe Mayor thereupon declared the Resolution duly passed and ~~adopted this 10th day of December, A.D., 1998. I~ ~! MAYOR OF TEQUESTA s I'I ' Elizabeth A. Schauer j ~ATTE S T ~I oann Manganiello illage Clerk \MyFiles\Resolutions\8-9899 RESOLUTION NO. 9-98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE AS WELL AS A RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT RELATIVE TO THE MATTER OF DOROTHY M. CAMPBELL AND OZ OF TEQUESTA, INC. V. VILLAGE OF TEQUESTA AND AUTHORIZING THE MAYOR OF THE VILLAGE TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE OF TEQUESTA. OW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE ILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. That it is in the interest of the general welfare and the best interest of the Village and the public to Agree to Settlement and Mutual Release as well as a Reciprocal Overflow ,Parking Easement Agreement. Section 2. The Agreement of Settlement and Mutual Release as ell as a Reciprocal Overflow Parking Easement Agreement ttached Hereto as Exhibit "A" and Exhibit "B", and Incorporated by Reference as Part of the Resolution are Hereby pproved and the Village Manager of the Village of Tequesta is Authorized to Execute the Same on Behalf of the Village. HE FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded y Councilmember and upon being put to a vote, the ote was as follows: FOR ADOPTION AGAINST ADOPTION ii I+ + ~~ w The Mayor thereupon declared the Resolution duly passed and ,adopted this 10th day of December, A.D., 1998. MAYOR OF TEQUESTA Elizabeth A. Schauer ATTEST oann Manganiello illage Clerk 0\MyFiles\Resolutions\9-9899 i t a re 0 ~- -~ qM E M O R A N ~~ { ~o D U M To: Village Council From: Thomas G. Bradford, Village Manager ~~>z~~ Date: December 4, 1998 Subject: Campbell v. Village of Tequesta; Documents for Council Consideration Relative to Agreement of Settlement and Reciprocal Parking As of this writing, the Village is not in possession of the following documents associated with the above-referenced matter: 1. Agreement of Settlement and Mutual Release 2. Site Plan for Gallery Square North Shopping Center for Ordinance No. 377 Compliance 3. Reciprocal Overflow Parking Easement Agreement The Agreement of Settlement and Mutual Release and the Reciprocal Overflow Parking Agreement is still being reviewed and modified by the attorney for Lighthouse Gallery. The Plaintiff is anticipated to submit the site plan for Gallery Square North Shopping Center sufficiently prior to your meeting on December 10th to enable Village Staff to review the plan and to advise you as to its acceptability relative to the existing conditions on the property. Upon receipt of the above-referenced documents, they will be forwarded to you prior to the Village Council Meeting on December 10th. In the event that these documents are not received in a timely manner, or the content of the same is found to be unacceptable by the Village Council, consideration will have to be given to postponing the Public Hearing until a later date when all matters are fully resolved. Should you have any questions concerning these issues, please contact me at your convenience. TGB\ecr WP80\MyFiles\VillageCouncil\Council 12-4-98