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85-DDRESOLUTION NO ~ D ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYMiON BFA~CH, FLORIDA, AUTHORIZING ACQUISITION OF 2.53 ACRES OF REAL PROPERTY LOCATED ON CONGRESS AVENUE FOR THE PURPOSE OF RECONSTRIfCTING AND THE EXPANSION OF THE SOUTH CENIPJIL REGIONAL WASTEWATER TREA%~/qT PLANT BY GIFf, PURCHASE OR EMINENT DOMAIN; STATING THE PUBLIC PURPOSE FOR WHICH THE PROPERTY IS TO BE ACQUIRED; DETERb~NING THAT FEE SIMPLE TITLE TO THE PROPERTY IS TO BE ACQUIRED; DETERMINING AND FINDING THAT THE ACQUISITION OF THE PROPERTY TO BE ACQUIRED IS NECESSARY FOR THE STATED PUBLIC PURPOSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREA~, ~the City of Boynton Beach entered into an interlocal agreement with the City of Delray Beach on December 26, 1974, which provides for the Citys of Boynton Beach and Delray Beach to jointly own, construct and operate a Central Wastewater Treatment Facility. WHEREAS, the engineers for the South Central Regional Wastewater Treatment and Disposal Board have reconmended the acquisition of additional property in connection with the reconstruction and expansion of the South Central Regional Wastewater Treatment and Disposal Plant, owned and operated by said entity, for water retention, barrow material, access and a buffer area. WHEREAS, funds are available for the acquisition of said property. WHEREAS, the specific property required and needed for the above described public purpose is described, on Exhibit "1", attached hereto. WHEREAS, the City Council of the City of Bo~vnton Beach finds that the reconstruction and expansion of the South Central Regional Wastewater Plant and the acquisition of the specific property described in EyJzibit "1", attached hereto, are a public necessity and the same are necessary and essential to the best interests of the City of Boynton Beach and the South Central Regional Wastewater Treatment and Disposal Board and that the acquisition of the needed land as described on attached Exhibit "1" in fee simple for said purpose is also a public necessity. WHEREAS, The South Central Regional Wastewater Treatment and Disposal Board unanimously approved acquisition of the subject property in a Special Meeting held on May 9, 1985. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCil. OF TH~ CITY OF BOYNTON BEACH, FLORIDA THAT.. Section 1: Wherever the term "real property" is hereinafter used in this Resolution, it shall be deemed to refer to the real property described in Exhibit "1" attached to this Resolution and incorporated herein by reference. Section 2: Section 3: Section 4: Section 5: The City Council of the City of Boynton Beach, Florida, hereby authorizes the acquisition of the real property by gift, purchase or eminent domain. Fee simple absolute title shall be acquired by the City of Boynton Beach and the City of DelrayBeach, Florida as joint tenants in corfmon, The City Council of the City of Boynton Beach, Florida hereby determines that it is necessary to acquire the real property so that it can be utilized for water retention, barrow material, access and a buffer area in connection with the reconstruction and expansion of the South Central Regional Wastewater Treatment and DispoSal Plant. The City Attorney is authorized and directed to take the necessary steps to acquire the property described in Exhibit "1" by donation, purchase or eminent domain proceedings and to use ~b~ services of appraisers and experts in other disciplin whom he deems are necessary in connection with the acquisition. The City Attorney is authorized to use special counsel to assist him in this matter~ This Rasolution shall take effect immediately upon its passage. PASSED AND ADOPTED THIS ~/~z day of.. .~~ ,1985. / CITY OF BOYNTON BEACH, FLROIDA. COUNuIL ~M~ ER ATI~EST: (Seal) ~S Exhibit Commencing at the northwest corner of Section 8 Township 46 Range 43;thence running south 0 degrees 43 minutes 21 seconds east along the west line of said Section 8, for 90.00 feet; thence south 89 degrees 48 minutes 45'seconds east for 53.00 feet to the Point of Beginning of the following-described parcel of land; thence south 0 degrees 43 minutes 21 seconds east along the east Right of Way Line of Congress Avenue for 550.00 feet, thence south 89 degrees 48 minutes 45 seconds east for 200.00 feet; thence north 0 degrees 43 minutes 21 seconds west for 550.00 feet; thence north 89 degrees 48 minutes 45 seconds west for 200.00 feet to the Point of Beginning of the described parcel subject to an easement in favor of the City of Delray Beach, Florida and City of Boynton Beach, Florida occupying the north 50 feet of said parcel of land. The above parcel containing 2.53 acres, more or less.