R03-1361
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RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
NECESSITY OF ACQUIRING PARCEL' S ONE (1), TWO (2),
THREE (3) AND FOUR (4) OF PROPERTY FOR THE PURPOSE OF
CONSTRUCTING A DRAINAGE/RETENTION POND WITHIN THE
CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the acquisition of the properties to construct a drainage/retention pond
is a matter of great importance and concern to the residents of the City of Boynton Beach;
and
WHEREAS, the parcels of land designated as Parcel' s 1, 2, 3 and 4 as more
particularly described in Exhibit's "A", "B", "C" and "D' attached hereto, are
required to better accomplish the public purpose described above and further the general
health, safety, and welfare to the citizens of the City of Boynton Beach, Florida; and
WHEREAS, the area designated as Parcel' s 1, 2, 3 and 4 has heretofore been
located and surveyed and the property is needed for the acquisition of property to construct
a drainage/retention pond; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby incorporated herein. All exhibits
attached hereto are hereby incorporated herein.
SECTION 2. It is necessary, serves a municipal and public purpose, and is
in the best interest of the City of Boynton Beach to acquire the properties to construct a
drainage/retention pond.
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SECTION 3. That the properties described in Exhibit' s "A", "B", "C"
and "D"," attached hereto as Parcel Number' s 1, 2, 3 and 4 be and the same are hereby
ratified, confirmed and found to be necessary for acquiring the properties to construct a
drainage/retention pond. The City of Boynton Beach shall acquire fee simple title to said
properties by gift, purchase, or eminent domain as described in Chapter 166, Florida
~qtamte~ and Chapters 73 and 74, Flnrid~ ~qt~mtes. That acquisition of said parcels for this
project is necessary and serves a public purpose.
SECTION 4. The City Attorney shall first attempt to acquire the properties
through negotiations at a price agreeable to both the sellers, if found and determined, and
the City of Boynton Beach; however, if such negotiations fail within a reasonable time
from the enactment of this Resolution, the City Attorney or the City Attorney's designee is
authorized and directed to institute a lawsuit in the name of the City of Boynton Beach,
Florida, and in the exercise of Boynton Beach' powers of eminent domain for the purpose
of acquiring the parcel' s described in Exhibit' s "A","B", "C" and "D" attached hereto
and is further authorized and directed to do all things necessary to prosecute such lawsuit to
final judgment. In pursuit of such authorization and in direction, the City Attorney or his
assistant or designee, is specifically authorized to sign and file a Declaration of Taking so
that the City may avail itself of the provisions of Chapters 73 and 74, Florida Statutes, and
the City Attorney or his assistant is further authorized to accomplish the acquisition of said
parcels by settlement and compromise in those instances where same can be effected in
accordance with the terms, conditions, and limitations established from time to time by the
Boynton Beach City Commission.
SECTION 5. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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EXHIBIT "A'
PARCF~L 1
Lot 1, Block 2, of BOYNTON PLACE, according to the plat thereof as recorded in Plat Book
11, Page 40, of the Public Records of Palm Beach County, Florida.
EXItIRIT "B"
PARCEL 2
Lot 2, Block 3, of LAKE ADDITION TO BOYNTON BEACH, acxor~g to the plat thereof
as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida.
EXIHRIT "C"
PARCEL
Lot 1, Block 3, of LAKE ADDITION TO BOYNTON BEACH, according to the plat thereof
as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida.
EXHIRIT "D"
PARCEL 4
Lot 2, Block 5, LAKE ADDITION TO BOYNTON BEACH, according to the plat thereof, as
recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in
Plat Book 11, Page 71.
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SECTION 6. If any clause, section, other part, or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 7. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS ..~ DAY OF ~q~Ol.~_~ ,2003.
CI~57~. ;~. BEACH, FLORIDA
Vice May~-.~-~ .... __ J-(-
commisSioner
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