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Home My WebLink About1996-069 Interlocal w/PBC for Enclave Annexation• • RESOLUTION NO. 69-96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR ANNEXATION PURSUANT TO SECTION 171.046, FLORIDA STATUTES, OF A PARCEL OF LAND WHICH CONSTITUTES AN ENCLAVE OF LESS THAN TEN (10) ACRES AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Interlocal Agreement with the Board of County Commissioners of Palm Beach County, Florida, attached as Exhibit "A", which agreement provides for annexation pursuant to Section 171.046, Florida Statutes, of a parcel of land which constitutes an enclave of' less than ten (10) acres and more particularly described in Exhibit "B" attached. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with the Board of County Commissioners of Palm Beach County, Florida, set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon Its adoption. • PASSED AND ADOPTED THIS 12th DAY OF DECEMBER , 1996. 7af./new%l0 •0 MAYOR (Village Seal) ATTEST: Village Clerk • • .. ... _. '~ ~ EXHIBIT"S" / a~.\ ~ . s ~~" ' Aon~n~~ w~~-~-wAy \ \~ ~ 3 -i !h- `~1 i `~ i i \\ \ \\ i ~ --. i \ ~I ~\~ \~\\\~\\\\\\\\ -- Q~ /~ \ .\\\\~\\\ \ ,• R 2 ~ ~ // CI (' t ~ ~ C 1 A J ~ ~ C( !Z 3. f~ C`~.aC OAS, f ~/ R ~ jl' ~ aferN. ay f~ a \ f . ~~ ,, ~: .. ~\ ~~ \ `, \~ 0 ~W I 0 o~ m$ cxca.:a F. Oa 6265869 F.OS 08-16-1996 09:17{aM FROM Wel lace Surue !n y 8 TO W O~ ~Om "1 S O (O ~o ~ QQ ~vO' ELY'°~O~K~A'riON N. L/NE LOT 6 _._ ` /25.20' \ ..... '•. CAROB/NE AVE. --'~- .._.. .,: I 22506'. 1 '• ., ~' "•~•..~ ................. S Se oeo6pQa $9°: " .., Z ~aSa~ ~~` $r~-------.e9. 67 ~ '• ~~cc /90. // .~, ~ Q• ~ ~s, avo °' ~ .~I /~ .~0~/1• "" N 69°59'30°S°-~~30~7c^7 3333 ' 9 L/NE !A7'$ 3 f 4 -- S F39°59'30"E. - S• ~C-//~/E SEC`T/ON 4 /23c'~.04 x rll 2 i~ U (n ^~ WRLL ^~veY~n~ ~A1E ~~e~ oW~ NO ~-,mss ~~ C O R- O K•• I O N Ofi1CE R4 SMEfi ~1aw~uNl wKwl., wrc ui wen rrrua'rl.iwnw :rlru.l.~,l~kl,b.,l ~ oL 3 CKO NEF '3J wN ~~ m n p C 4'2a'kRQi . [ .~ as.4a' ~ m ~ ~ \ u~ Z ..r~..., \\\ 0 • • EXHIBIT "A" INTERLOCAL AGREEMENT R97 236 to An Interlocal Agreement between Palm Beach County, a political subdivision of the State of Florida, and the Village of North Palm Beach, a municipal corporation, providing for the annexation of enclaves pursuant to Section 171.046, Florida Statutes. This Interlocal Agreement is made the day of FEB 18 1997 1996 between the Village of North Palm Beach, a municipality located in Palm Beach County, Florida, hereinafter referred to as "Village", and Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", each one constituting a public agency, as defined in Part 1 of Chapter 163, Florida Statutes. WHEREAS, Section 163,01, Florida Statutes (1991), known as the "Florida Interlocal Cooperation Act of 1969", authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and, thereby, to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities: and WHEREAS, Part 1 of Chapter 163, Florida Statutes. permits public agencies, as defined therein, to enter into Interlocal Agreements with each other to jointly exercise any power, privilege. or authority which such agencies share in common and which each might exercise separately; and WHEREAS. Section 18 of Chapter 93-206 of the Laws of Florida created section 171.046, Florida Statutes, providing for annexation of certain enclaves by entering into an interlocal Agreement between the Municipality and the County having jurisdiction over such enclaves: and Page 1 of 5 R97 236 D WHEREAS, Section 171.046, Florida Statutes, limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031 (13) (a) and (b), as amended by Chapter 93-206, laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality: and WHEREAS, the County and the Village have determined that it is appropriate • and will promote efficient provision of governmental services for the Village to annex a certain enclave: and WHEREAS, the County and the Village have determined that the parcel to be annexed pursuant to this Interlocal Agreement is improved property based upon the available capacity of water and sewer systems, the availability and access to a public right-of-way; that the property has previously been cleared or partially cleared; and that the property has been subdivided in recorded or unrecorded plats; and WHEREAS, it has been determined by the Village and by the County that the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Sections 171.031(a) and (b) and 171.046, Florida Statutes, as such enclaves are developed or are improved, are ten (10) acres or less in size, and are completely surrounded by the Village or are surrounded by the Village and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the Village; and WHEREAS, the Village has prepared a report setting forth the plans to provide urban services to the area to be annexed: and Page 2 of 5 R 9 7 2 3 6 D C~ WHEREAS, the County and the Village agree that the parcel to be annexed via this Interlocal Agreement is subject to the Land Use Atlas of the Yalm Beach County Comprehensive Plan and County zoning and subdivision regulations until the Village adopts a comprehensive plan amendment to include the parcel to be annexed in the comprehensive plan. '~Ok', THEREFORE, in consideration of the mutual representations, terms and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Puraose The purpose of this Agreement is to allow annexation by the Village of a certain unincorporated enclave which is Identified in Composite Exhibit "A" attached hereto and made a part hereof • Section 2. Definitions The following definitions shall apply to this Agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031(13)(a) and (b), Florida Statutes, as adopted by the Legislature in Chapter 93-206, Section 15, Laws of Florida. 2. "Act" means Part 1 of Chapter 163, Florida Statutes. 3. "Agreement" means this Interlocal Agreement, Including any amendments or supplements hereto, executed and delivered In accordance with the terms heretr. Section 3. Annexation The unincorporated enclave identified in Composite Exhibit "A", which is attached hereto and made a part hereof, is hereby annexed Into and is Included • in the corporate boundaries of the Village of North Palm Beach. Page 3 of ; R 9 7 2 3 6 0 Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Filing Upon execution by both parties, a copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 6. !notification The Village hereby acknowledges that it has provided written notice to all owners of real property located in the enclave identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm Beach County Property Appraiser. The written notice, shall describe the purpose of the Interlocal Agreement and shall state the date, time and place of the meeting of the Village Council of the Village of 'north Palm Beach where this Interlocal Agreement shall be considered for adoption. The written notice shall also indicate the name and telephone number of a Palm Beach County staff person to contact regardtng the date, time and place when the Palm Beach County Board of County Commissioners shall consider the adoption of this Interlocal Agreement. Section 7. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 8. Severabillty In the event that any section, paragraph, sentence, clause, or provision • hereof be held by a court of competent Jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ~ ~ ~ w Page 4 of 5G) U Section 9. Entirety of A>reement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. PALM BEACH COUNTY, FLORIDA BY ITS BO~OF CQi~,N~ COMMISSIONERS i • ATTEST: by l+'I7:~ESSES f,\IF OF FLtiRJD,I, COUNTI' OF PAIi. `e 1Jh. i, r)~)RHT++=~- ~~~^J. °-'"~ia1`lQr4_itlh., Ek)ari n1 ` ~:' alts f0 h2 .~ ,,,i, .„ 'in mynffir.~ ~~~~~., Rg7 23 6 D FEB 1 g 1997 Approved as to Form and Legal Sufficiency ~-.4 ~G'~.-~- OUNTY ATTORNEY ~iA i E ~, ...,.,,,,., ....~.. _ a' e v,• ~M. BFq' .ATTEST: - ~ .c e ILLAGE`L~LERK GE OF NORTH PALM BEACH, DA R97 236 D Page 5 of 5 12-6`-i93S ES•2agP1 FF'7•t .Jet le:e S~r~ey ln~ TC E~E;.85> F. G2 Oescriptlon SktNCh For: VIlLAOE OF NORYH PALM BEACN LP.GAL DESCRIPTION: A Parcel of lend lying within Sedion 4, Township 42 6outh, Retge 43 Esst Pelm Beech Coumy, Florida and witnN Lots 3, 4, 6 end 6, sccording to tns Prat of SubdMslon of OovwnmaM Lot 8, Section 4, Township 42 South, Range 43 East es recorded In Plat Book 18, Page 4, in end for the records of Peon Beach CourHy, Florlde, being more particularly tleserbad es follows: BEOW al tM Soutfnvest corner of said Lot 3; thence North 89' 69'30• West, along tM Westery probngaUOn of tM South Ilne of said Lot 3, a distance of 68.10 feet to a point on the West rlgrt•at-way Tine of Eilison•Wilson Roed;lhMOe South 3• 04' 10• East, along Geld rlghl•ol•way 6ne, a distance of 80.12 fast to a point on the South line of said Seelion 4; thanty South B9. 59' 30" East, along said sectbn line, a distance of 7232.01 feat to a point on the i:eMerlim of the rpht•obwey fine of State Road No. ti, (U.S. Highway No. 1) as shown on Florida Stall Road fhpartments right-of-way map rewrdal in Rwd Plot Book 2. Pages 43 to 58, InetusHe; tnenca Northerty, along sad eentMine of Ststa Rosa No. 5 to hs intenectton vNtl+ the fiestery prolongation of the North line of said lot 6: therloe North 89.49' S0" West, along the North line of Laid Lot ti and the Essterty prolongation thereo/, a distance of 294.87 feet to s pent; rienGe South 03.04' 10' East a distance of 123.20 leaf to e point on the North right-of•way line of Cardine;Avenue es rrow lak out sn0 in use; thant!e North 89'49' S0' West akxtp date North right-of•wey line, a datancs of 56ti.11 feet to a point on the West rigM4f-way line of EAison-Wilson Road, ss now lard out and in use; having a total right•of-way width of 88.00 felt; them SoNh 3.04' 10' East along said Wect, right•of-way Ilne, a distance of )83.31 to a point on the Westery proiottgatioh of the South lice of said Lot 3. thence South 89' S9' 30" Eest, along tab Westerly prolongation, a dis:ance of 86.10 feet to the SoNhwrst corner of sale l.ot 3: thence North 3. 04' 10' West, along the West line of sei0 Lot 3 end the Eaq rigM•dJway Ilne o! Eaison•Wikon Road, a disyncs of 303.89 feet to the Northwest corner of ssid Lot T. thence South 89. 54' 29• East abng the North lino of said Lot 3, e disianq of 7.01 teat to Ne Soutllwrst corner of the Pbt of North Patm f3sach Private Sehoof, as recorded in Plat Book 30, Page 204, Public Records of Pelm 8sach County, Ftortda; thane North 03.04' 10' West, along tt» Westedy limits o1 said plat of North Palm Basch PrWate School, a distanq o1303.931eat b a point on the South line of said Lot 8; thence North 99. 49' fi0• Weat, Nong said South Gne, s diatanu o17.Ot Teat to lM Southwest corner o/sold Lo18, Nid comer oleo lYln9 on the East righiwl-way has of EIIISOn=Nilson Roed; Ihenee North p3. 04' 10' West, along the West line of said La 8 and said East ngM-ot-way line, a dalanu of 125.20 fast to a poMT on 8a South rlgM•of-wsy line of sold Carolina Avenw; thence South 89.49' S0• East, along said South hghtof-aroy Ilns, • dictanu 01620.00 fell 10 a point 1txYtoe South 3' 04' 10" East departing said right-of-wsy line, a dislende of 125.20 feet b e point on the NorLti Imo of sold Lot 6, thane South 89. 49' SO" East, sloop sold North line, a distance of 225.08 fall to the Northeast comer of pie Lot 5; thence Sank Z3' 48' 04• Esst along the East line of ssia Lot e, a oistance of 282.04 (eat to a polyd; thenq North 89' S4' 29" Wsst a distance Of 203.48 feet to • point; ltwnce South 23.48.04• Easl, s aistenae of 18.84 feet to point; Nencs South 69' S4' 29` East • distanoa of 14.8s feet to a point; thence South 00.00' 30' Watt a tAftence of 190.11 feet to a polyd; thence Sovth 89•S4' 29" East a distance of 50.00 foal to s print thence South 00.00.30"'AYst a d'.stanx of 112.28 fiat to s point on the SaRh Ilne of said Lot 4, thence North 89. 59' 30' West, abng the South line of said Lots 3 and 4, a distance of 727.331eet to Bra POINT OF BEOtNNING. Ths South ine of said lot 3 Is tasumod to bear North 89' S9' 30" West and e!1 otttor bearings an relative thereto. Containing in alt 9.33 acres, more or kss. NOTES: 1. No title policy a commitment attedinq Gila or boundary to the cdbjed property has heart provided. It is possible there are deeds and easements, recorded of unrecorded, wfiich could etted ill subjsa property. No search of lM Public Records hoc t/eenmade by fhb otfioe. 2. TMs Dlet is na valid unless sealed with sn embossed surveyofs psi. 3. This sketch cannot fro tnnafsrred or assigned whhout tM species written permission of Wallace Surveyirp CorporMion 4. This is not a sur~yt CERTIFICATION: I NEREbY ATTEST that rho description sketch shown tweon th 1 m technical standards set forth 67 itA Floiida Board of Land SuNeyon pursuant to sections 472.027 Fj-rya ' sM edoptad~ in Chapter e1G17.8, Fbrida AdmlMstrotive Code, eflectlve September 1, 1981.' Ile 90-13451 ~~''~ 9 7 2 3 6- D FbrWa arttrCite No. 3357 J 9URVEYIt16 ~"'E s~a/~ °'"° "° 9O•tsQS- ~ ~UIG WEILLRCE o o r, . o a .. r o N OFFICE R C YtEfi , OF 9]I MAI.spM• q,gtw~. 5,,ef 11I M[i11M{M a[•Lrl, Iler10~ a>+O/ • t10/:8~01551 Gl(O nee n Poe rl~ FjW r t~31 T rA n .-~E-i95b ~~~2SH`1 FRU 1 blal lac. S~rse~ing y ~-r ~ i ~ .,:~ 2 ~ AAA N A vJ F O ~ °O ~ Oho ~ ~ 0 ~ ~~~ ~ O-O: ~ ~ ~~` N ~~ ~~~ ~' dpi Om 4 0 gm , ?!m ~ I O~ ~~ A ~ 2 ~ 0 ,, 0 om w ~ A i 0 ~ • 2 ~ / 1 :~; , O N ~~ O N `~ p W '~'~! TU b2E586S i'.3~ ELY PROG_ONGATiON N• C_/NE SOT 6 5Y56. / / ' _ CAROL/NE AVE. --1-, ~ l ~_~ >~89 48'Sn`E 6200' ~ . 5.b3°oa YO"E- ... ~ tS1 - u Sun~E' ~Or~67 -~-- ~.. .~Q\ F N~R7H P~dl.~ EACH "'N •~ rarrivar~ scfA70L \ ~~N tq ,~ `~'~' • ~--/(P. a. S ~~o, Aa. Soo) C ~~ ...... ~`S89°~.6a94• •...,Q 3.Q6' to m owR~iTEa /q~ Qua C ~. cda~a S. v 9°00 30 y~} ~ ~ ~ I . ~ .\.6 °5Q'^-fig" ~ i .. 1~.i ~;\ • 89° 30"W~ 727.3 ~ .__.. ~ _ _ _ ~ 5. LINE LOTS 3 f 4 ~ S 89°Sg'30"E• /232-OA S. L lNE' SECT/ON 4 RO B• Sk/COR.NER L.OT 3 W CY PROLONGArron~ s. (.iNE GAT 3 Z zn ti ~ W ~~ 0 R 97 236 D ~'" REV : /E ,REV. @NOY O``E~~SCyR~.C~.~90-/345 "S" ~-i ~ N iii o~iE:$/8~ owc ^~o °JO-1345- ~~- WRLLACE C o w • o w• r~ o p OFFICE RC SHEET i?OF'2 .... ~--••~ aoi vom.oowr aww,n. Ae~t .~.. "ns wun x"a. ~~nAW l~Nr • ICr16n"ssr Cw0 REF i iCTi+_ F.E.. • u• TMENT OF STATE /. vices ,i•sources fit{ Information Services FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS May 9, 1997 Ms. Kathleen F. Kelly, CMC Village Clerk Village of North Palm Beach 501 U. S. Highway 1 North Palm Beach, Florida 33408-4906 Dear Ms. Kelly: MEMBER OF THE FLORIDA CABINET Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine ('reservation Board Historic Tallahassee I'reservation Board Historic Tampa/Hillsborough County Preservation Board Ringling Museum of Art This will acknowledge a copy of Resolution 69-96 concerning annexation interlocal agreement and interlocal agreement by the Village of North Palm Beach, which were filed in this office on May 9, 1997. Sincerely, Liz Cloud, Chief Bureau of Administrative Code LC/mw BUREAU OF ADMINISTRATIVE CODE The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427 FAX: (904) 488-7869 • WWW Address http://www.dos.state.fl.us • E-Mail: e/ection@maiLdos.statell.us