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R16-020 1 RESOLUTION NO. R16 -020 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 a DECLARING THE PUBLIC NECESSITY OF ACQUIRING THREE (3) 5 PARCELS OF PROPERTY FOR THE PURPOSE OF ACQUIRING 6 RIGHT -OF -WAY AND UTILITY EASEMENTS TO IMPLEMENT THE 7 PROPOSED NW 10 AVENUE/ WEST MARTIN LUTHER KING JR. 8 BLVD. STREET IMPROVEMENTS, AS PART OF THE MODEL 9 BLOCK PROGRAM OF THE HEART OF BOYNTON COMMUNITY 10 REDEVELOPMENT PLAN WITHIN THE CITY OF BOYNTON 11 BEACH, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 ? WHEREAS, the City of Boynton Beach is a municipality organized and existing under 14 the laws of the State of Florida and is authorized under Chapters 73 and 74, and 166, Florida 15 Statutes, to acquire interests in privately owned lands which are necessary for a public purpose; 16 and 17 WHEREAS, the acquisition of right -of -way and utility easements is necessary to 18 implement the proposed NW lo Avenue /West Martin Luther King Jr. Blvd. street 19 improvements, which are part of the Model Block Program of the Heart of Boynton Community 20 Redevelopment Han, and is a nritter of great impatarre and concern to the residents der City of Boynton Beach; and 21 WHEREAS, the project includes, but is not limited to, landscaping, irrigation, signage, bus shelter and related 22 utilities; and 23 WHEREAS, the parcels of land designated as Parcels 11,12 and 14, as more particularly described in Exhibits 24 "A ", `B" and "C ", attached hereto, are required to better accomplish the public purpose described above and further the 25 general health, safety, and welfare to the citizens of the City of Boynton Beach, Florida; and 26 WHEREAS, the area designated as Parcels 11, 12 and 14 has heretofore been located and surveyed and the 27 property is needed for the acquisition of right -of -way and utility easements which is necessary to implement the proposed 28 NW 10 Avenue/West Martin Luther King Jr. Blvd street improvements as part of the Model Block Program of the Heart 29 of Boynton Community Redevelopment Plan; and 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA THAT: {00101455.2 306 - 9905018 } 32 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being 33 true and correct and are hereby incorporated herein. All exhibits attached hereto are hereby incorporated herein. 34 SECTION 2. It is necessary, serves a municipal and public purpose, and is in the best interest of 35 the City of Boynton Beach to acquire the right -of -way and utility easements to implement the proposed NW 10th 36 Avenue/West Martin Luther King Jr. Blvd street improvements as part of the Model Block Program of the Heart of 37 Boynton Community Redevelopment Plan. 38 SECTION 3. That the properties described in Exhibits "A ", `B" and "C ", attached hereto as 39 Parcels Number 11, and 14 be and the same are hereby ratified, confirmed and found to be necessary for acquiring the 40 right -of -way and utility easements to implement the proposed NW 10th Avenue/West Martin Luther King Jr. Blvd street 41 improvements as part of the Model Block Program of the Heart of Boynton Community Redevelopment Plan. The City 42 of Boynton Beach shall acquire fee simple title to a portion of said property, and, as indicated, an easement interest in 43 another portion of said property by gift, purchase, or eminent domain as described in Chapter 166, Florida Statutes and 44 Chapter 73, Florida Statutes. That acquisition of said parcels for this project is necessary and serves a public purpose. 45 SECTION 4. The City Attorney shall first attempt to acquire the property through negotiations at 46 a price agreeable to both the sellers, if found and determined, and the City of Boynton Beach; however, if such 47 negotiations fail within a reasonable time from the enactment of this Resolution, the City Attorney or the City Attorney's 48 designee is authorized and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the 49 exercise of Boynton Beach' powers of eminent domain for the purpose of acquiring the parcel described in Exhibits "A ", 50 "B" and "C ", attached hereto and is further authorized and directed to do all things necessary to prosecute such lawsuit to 51 final judgment. In pursuit of such authorization and direction, the City Attorney or his assistant or designee, is 52 specifically authorized to sign and file such documents as are necessary and appropriate so that the City may avail itself of 5 3 the provisions of Chapter 73, Florida Statutes, and the City Attorney or his assistant is further authorized to accomplish 54 the acquisition of said parcels by settlement and compromise in those instances where same can be effected in accordance 55 with the terms, conditions, and limitations established from time to time by the Boynton Beach City Commission. 56 SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. {00101455.2 306 - 9905018 } 57 PASSED AND ADOPTED this 2nd day of February, 2016. 58 59 . CITY OF BOYNTON BEACH, FLORIDA 60 61 YES NO 62 Mayor — Jerry Taylor 63 64 ° Vice Mayor — Joe Casello ✓ 65 66 Commissioner — David T. Merker 67 v 68 Commissioner — Mack McCray 6.9 1 t/ 70 e Commissioner — Michael M. Fitzpatrick 71q 72 VOTE 73 ATTEST: 74 - / 7 5 1 _ ���� -' C � 76 % J A. Pyle, CMC Y `© 77 Brim City Clerk 4 78 F �� 0' U {00]01455.2 306 - 9905018 } 79 80 EXHIBIT "A" 81 82 PARCEL NO. 11 83 84 85 UTILITY EASEMENT LEGAL DESCRIPTION: 86 THE NORTH 10 FEET OF THE SOUTH 20 FEET OF LOTS 20 AND 21, BLOCK 1, THE FRANK 87 = WEBBER ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, 88 PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 89 90 CONTAINING 1,000 SQUARE FEET, MORE OR LESS. 91 92 93 94 95' 96 97 981 991 100 101 102 103 • 1041 105 106 1071 108 109 110. 111. 112 113 114 {00101455.2 306 - 9905018 } 115 EXHIBIT `B" 116 117 PARCEL NO. 12 11 1 19 PROPERTY LEGAL DESCRIPTION: 120 I THE SOUTH 10 FEET OF LOTS 18 AND 19, BLOCK 1, THE FRANK WEBBER ADDITION, 121 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 3, OF THE PUBLIC 122 RECORDS OF PALM BEACH COUNTY, FLORIDA. 123 124 CONTAINING 1050 SQUARE FEET, MORE OR LESS. 125 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF MARTIN LUTHER 126 KING JR. BLVD. (N.W. 10TH AVE.) BEARS S89 °36'25 "E AS SHOWN IN ROAD PLAT BOOK 5, PAGE 127 179. 128 129 UTILITY EASEMENT LEGAL DESCRIPTION: 130 THE NORTH 10 FEET OF THE SOUTH 20 FEET OF LOTS 18 AND 19, BLOCK 1, THE FRANK 131 WEBBER ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, 132 PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 133 CONTAINING 1050 SQUARE FEET, MORE OR LESS. 134 135 136 137 138 139 140 141 142 143 1441 145. i 146' 147 148: 149 (00101455.2 306 - 9905018 ) 150 151 EXHIBIT "C" 152 153 PARCEL NO. 14 154 155 PROPERTY LEGAL DESCRIPTION: 156 157 A PORTION OF THE FOLLOWING DESCRIBED PARCEL: 158 159 LOT 14 (LESS THE PROPERTY CONVEYED FOR ROAD RIGHT -OF -WAY AS RECORDED IN 16 0 DEED BOOK 179, PAGE 384; O.R. BOOK 685, PAGE 738 AND O.R. BOOK 4975. PAGE 183); LOT 161 15 (LESS THE PROPERTY CONVEYED FOR ROAD RIGHT -OF -WAY AS RECORDED IN O.R. 162 BOOK 5119, PAGE 42) AND LOT 16 (LESS THE PROPERTY CONVEYED FOR ROAD RIGHT -OF- 163 WAY AS RECORDED IN O.R. BOOK 4691, PAGE 1897), BLOCK 1, FRANK WEBBER ADD 16 BOYNTON, FLA., ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT 16 5 BOOK 9,PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 166 167 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 168 169 COMMENCING FROM THE SOUTHWEST CORNER OF SAID LOT 16, THENCE N01 °22'01 "W 17 0 ALONG THE WEST LINE OF SAID LOT 16, FOR A DISTANCE OF 5.15 FEET TO THE POINT 171 OF BEGINN NG; THENCE N83 °31'42 "E FOR A DISTANCE OF 40.60 FEET; THENCE 172 N89 °36'25 "W FOR A DISTANCE OF 40.46 FEET; THENCE S01 °22'01 "E ALONG THE WEST 173 LLNE OF SAID LOT 16,FOR A DISTANCE OF 4.85 FEET TO THE POINT OF BEGINNING. 174 175 CONTAINING 98 SQUARE FEET, MORE OR LESS. 17 6 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF MARTIN 177 LUTHER KING JR. BLVD. (NW. 10TH AVE.) BEARS S89 °36'25 "E AS SHOWN IN ROAD PLAT 17 8 BOOK 5, PAGE 17. 179 180 UTILITY EASEMENT LEGAL DESCRIPTION: 181 • 18 2 THE SOUTH 10 FEET OF THE FOLLOWING DESCRIBED PARCEL: 183 184 COMMENCING AT THE SOUTHWEST CORNER OF LOT 16, BLOCK 1, THE FRANK WEBBER 185 ADDITION, AS RECORDED IN PLAT BOOK 9, PAGE 3, PUBLIC RECORDS OF PALM BEACH 186 COUNTY, FLORIDA, THENCE N01 °22'01 "W ALONG THE WEST LINE THEREOF, A 187 DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE S89 °36'25 "E 18 8 PARALLEL TO THE SOUTH LINE OF SAID LOT 16,A DISTANCE OF 40.46 FEET; THENCE 189 N83 °31'42 "E FOR A DISTANCE OF 16.73 FEET; THENCE S89 °3625 "E FOR A DISTANCE OF 190 44.55 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG THE ARC OF A 191 CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 25.00 FEET, THROUGH A 192 CENTRAL ANGLE OF 56 °04'34" FOR A DISTANCE OF 24.47 FEET; THENCE N01 °16'27 "W 19 3 ALONG THE WEST RIGHT OF WAY LINE OF SEACREST BOULEVARD, AS RECORDED IN 194 ROAD PLAT BOOK 5, PAGE 179, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 19 5 FOR A DISTANCE OF 127:03 FEET; THENCE N89 °36'22 "W ALONG THE NORTH LINE OF SAID 19 6 FRANK WEBBER ADDITION, FOR A DISTANCE OF 122.94 FEET; THENCE S01 °22'01 "E 19 7 ALONG THE WEST LINE OF SAID LOT 16, FOR A DISTANCE OF 140.05 FEET TO THE 19 8 POINT OF BEGINNING. 199 CONTAINING 1159 SQUARE FEET, MORE OR LESS. {00101455.,2 306 - 9905018 } s _ '' i t a . r. 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