R05-177
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1 RESOLUTION NO. R05- 1"17
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3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
5 NECESSITY OF ACQUIRING PARCELS OF PROPERTY MORE
6 PARTICULAR DESCRIBED ON COMPOSITE EXHIBIT "A"
7 ATTACHED HERETO FOR THE PURPOSE OF IMPLEMENTING
8 THE HEART OF BOYNTON COMMUNITY REDEVELOPMENT
9 PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR
10 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
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12 WHEREAS, the acquisition of the properties to implement the Heart of Boynton
13 Community Redevelopment Plan is a matter of great importance and concern to the residents
14 of the City of Boynton Beach; and
15 WHEREAS, the parcels of land designated as Parcels 101, 103, 104, 105, 106, 107,
16 107A, 110, 114, 115, 116, 118, 124, 125, 126 and 127 as more particularly described on
17 Composite Exhibit "A" attached hereto, are required to better accomplish the public purpose
18 described above and further the general health, safety, and welfare to the citizens of the City of
19 Boynton Beach, Florida; and
2 0 WHEREAS, the area designated as described on Composite Exhibit "A" attached
2 1 hereto has heretofore been located and surveyed and the properties are needed for the
22 acquisition of property to implement the Heart of Boynton Community Redevelopment Plan;
23 and
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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SECTION 1.
The foregoing "WHEREAS" clauses are hereby ratified and
27 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached
28 hereto are hereby incorporated herein.
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1 hereto are hereby incorporated herein,
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SECTION 2.
It is necessary, serves a municipal and public purpose, and is in
3 the best interest of the City of Boynton Beach to acquire the properties to implement the Heart
4 of Boynton Community Redevelopment Plan.
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SECTION 3.
That the properties described in Composite Exhibit "A" attached
6 hereto be and the same are hereby ratified, confirmed and found to be necessary for acquiring
7 the properties to implement the Heart of Boynton Community Redevelopment Plan, The City
8 of Boynton Beach shall acquire fee simple title to said properties by gift, purchase, or eminent
9 domain as described in Chapter 166, Florida Statutes and Chapters 73 and 74, Florida Statutes.
10 That acquisition of said parcels for this project is necessary and serves a public purpose.
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SECTION 4.
The City Attorney shall first attempt to acquire the properties
12 through negotiations at a price agreeable to both the sellers, if found and determined, and the
13 City of Boynton Beach; however, if such negotiations fail within a reasonable time from the
14 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized
15 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the
16 exercise of Boynton Beach' powers of eminent domain for the purpose of acquiring the parcels
17 described in Composite Exhibit "A" attached hereto and is further authorized and directed to
18 do all things necessary to prosecute such lawsuit to final judgment. In pursuit of such
19 authorization and in direction, the City Attorney or his assistant or designee, is specifically
20 authorized to sign and file a Declaration of Taking so that the City may avail itself of the
21 provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is
22 further authorized to accomplish the acquisition of said parcels by settlement and compromise
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1 in those instances where same can be effected in accordance with the terms, conditions, and
2 limitations established from time to time by the Boynton Beach City Commission.
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SECTION 5.
All resolutions or parts of resolutions in conflict herewith are
4 hereby repealed to the extent of such conflict.
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SECTION 6.
If any clause, section, other part, or application of this
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Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
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part or application, it shall not affect the validity of the remaining portions or applications of
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this Resolution,
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SECTION 7.
This Resolution shall become effective immediately upon its
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passage and adoption.
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PASSED AND ADOPTED this 18 day of October, 2005.
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CITY OF BOYNTON BEACH, FLORIDA
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per t? ,
Commissioner
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EXHIBIT "A"
Parcel 101 - Keith Kern:
The North 100 feet of Lot 10, Block I, of MEEKS ADDITION TO BOYNTON, according to the
Plat thereof, as recorded in Plat Book 9, at Page(s) 54, of the Public Records of Palm Beach
County, Florida,
LESS the Right-of-Way of Seacrest Boulevard,
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Parcel 103 - Triumph the Church:
A portion of Lot 14 less a triangular part for road right-of-way, and Lots 15 and 16, less the
South 12 feet for road right-of-way Block I, FRANK WEBBER ADDITION TO BOYNTON,
according to the Plat thereof, as recorded in Plat Book 9, at Page(s) 3, of the Public Records of
Palm Beach County, Florida,
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Parcel 104 - Ghali:
The West 39 feet of Lot 12, less the South 20 feet, and a triangular part for road right-of-way,
Block I, FRANK WEBBER ADDITION TO BOYNTON, according to the Plat thereof, recorded
in Plat Book 9, Page 3 of the Public Records of Palm Beach County, Florida.
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Lot 105 - Girtman:
Lot II and the East II feet of Lot 12, less the South 20 feet thereof, Block I, FRANK WEBBER
ADDITION TO BOYNTON, according to the Plat thereof, as recorded in Plat Book 9, at Page(s)
3, of the Public Records of Palm Beach County, Florida.
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Parcel 106 - Ghali
Lot 10, in Block I, of FRANK WEBBER ADDITION TO BOYNTON, FLORIDA, according to
the Plat thereof, as recorded in Plat Book 9, at Page(s) 3, of the Public Records of Palm Beach
County, Florida, less the South 10 feet thereof for road right-of-way,
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Parcel 107 - Keith Kern:
Lots 6 and 7, Block I, FRANK WEBBER ADD., according to the Plat thereof, as recorded in
Plat Book 9, at Page(s) 3, of the Public Records of Palm Beach County, Florida. Less the South
10 feet thereof for road right-of-way,
Parcel 107 A - Keith Kern:
Lots 8 and 9, Block I, FRANK WEBBER ADDITION TO BOYNTON, according to the Plat
thereof, as recorded in Plat Book 9, at Page(s) 3, of the Public Records of Palm Beach County,
Florida. Less the South 10 feet thereof for road right-of-way,
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Parcel 110 - Roberts:
Lots I and 2, Block 5, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat
thereof recorded in Plat Book 11, Page 43, of the Public Records of Palm Beach County, Florida,
LESS AND EXCEPT that parcel of land for road right-of-way purposes in Section 21, Township
45 South, Range 43 East, Palm Beach County, Florida, more particularly described as fo Ilows:
All that portion of Lot I and 2, Block 5, PALM BEACH COUNTRY CLUB ESTATES, as
recorded in Plat Book II, page 43 of the Public Records of Palm Beach County, Florida, lying
West of the proposed Easterly right-of-way line as shown on the Rigbt-of- Way Map of Seacrest
Blvd" as recorded in Road Book 5, Pages 179 through 183, of said Palm Beach County Records,
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Parcel 114 - Bell:
Lots 7 and 8, Block 5, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat
thereof, as recorded in Plat Book II, Page(s) 43, of the Public Records of Palm Beach County,
Florida.
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Parcel 115 - Ghali:
Lot 130, less exterior curve area road right-of way and Lot 131, Both of Block D, Boynton Hills,
According to the Plat thereof recorded in Plat Book 4, Page 51 of the Public Records of Palm
Beach County, Florida,
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Parcel 116 - Jesus House of Worship, me,:
Lot I, less the West 25 feet and that part of said Lot I, which is included in the external area
formed by a 20 foot radius arc which is tangent to a line 25 feet East of and parallel to the West
line of said Lot I and tangent to the South line of said Lot I, and all of Lot 2, in Block 4, of
PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, as recorded in Plat
Book II, at Page(s) 43, of the Public Records of Palm Beach County, Florida.
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Parcel 118 - King:
Lot 4, Block 4, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof,
recorded in Plat Book II, at Page(s) 43, of the Public Records of Palm Beach County, Florida.
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Parcel 124 - Scarpulla:
Lot 10, Block 4, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof
recorded in Plat Book 11, Page 43, of the Public Records ofPalm Beach County, Florida.
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Parcel 125 - Jefferson:
Lot II, Block 4, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, as
recorded in Plat Book 11, Page(s) 43, of the Public Records of Palm Beach County, Florida.
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Parcel 126 ~ King and Robinson;
Lot 12, Block 4, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof,
recorded in Plat Book 11, Page(s) 43, of the Public Records of Palm Beach County, Florida.
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Parcel 127 - Johnson:
Lots 132, 133 and 134 (less 20 foot return curve area road right-of-way) Block D, of BOYNTON
HILLS, according to the Plat thereof, as recorded in Plat Book 4, at Page 51, of the Public
Records of Palm Beach County, Florida.
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