R16-021 1 RESOLUTION NO. R16 -021
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 j DECLARING THE PUBLIC NECESSITY OF ACQUIRING FOUR (4)
5 ! • PARCELS OF PROPERTY FOR THE PURPOSE OF ACQUIRING
6 e RIGHT -OF -WAY AND UTILITY EASEMENTS TO IMPLEMENT THE
7 i PROPOSED NW 11 AVENUE STREET IMPROVEMENTS, AS PART
8 OF THE MODEL BLOCK PROGRAM OF THE HEART OF BOYNTON
9 COMMUNITY REDEVELOPMENT PLAN WITHIN THE CITY OF
10 ' BOYNTON BEACH, FLORIDA; AND PROVIDING FOR AN
11 ' 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 11 Avenue street improvements, which are part of the Model
19 Block Program of the Heart of Boynton Community Redevelopment Plan, and is a matter of
20 great importance and concern to the residents of the City of Boynton Beach; and
21 WHEREAS, the project includes but is not limited to drainage, grading and paving,
22 ' lighting, landscaping and irrigation and related utilities; and
23 WHEREAS, the parcels of land designated as Parcels 16, 21, 22 and 24, as more
24 particularly described in Exhibits "A ", "B" "C" and "D ", attached hereto, are required to
25 better accomplish the public purpose described above and further the general health, safety, and
26 welfare to the citizens of the City of Boynton Beach, Florida; and
'77 WHEREAS, the area designated as Parcels 16, 21, 22 and 24 has heretofore been
28 located and surveyed and the property is needed for the acquisition of right -of -way and utility
29 easements which is necessary to implement the proposed NW 11 Avenue street improvements
30 as part of the Model Block Program of the Heart of Boynton Community Redevelopment Plan ;
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31 and
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
33 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
34 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
35 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached
36 hereto are hereby incorporated herein.
37 SECTION 2. It is necessary, serves a municipal and public purpose, and is in
38 the best interest of the City of Boynton Beach to acquire the right -of -way and utility easements
39 to implement the proposed NW 11`" Avenue street improvements as part of the Model Block
40 Program of the Heart of Boynton Community Redevelopment Plan.
41 SECTION 3. That the properties described in Exhibits "A ", `B" "C" and "D"
42 attached hereto as Parcels Number 16, 21, 22 and 24 be and the same are hereby ratified,
43 confirmed and found to be necessary for acquiring the right -of -way and utility easements to
44 implement the proposed NW 11`" Avenue street improvements as part of the Model Block
45 Program of the Heart of Boynton Community Redevelopment Plan. The City of Boynton Beach
46 shall acquire fee simple title to said property, and, as indicated, an easement interest in another
47 portion of said property by gift, purchase, or eminent domain as described in Chapter 166,
48 Florida Statutes and Chapters 73 and 74, Florida Statutes. That acquisition of said parcels for
49 this project is necessary and serves a public purpose.
50 SECTION 4. The City Attorney shall first attempt to acquire the property
51 through negotiations at a price agreeable to both the sellers, if found and determined, and the
52 City of Boynton Beach; however, if such negotiations fail within a reasonable time from the
53 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized and
54 directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the
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55 exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the parcel
56 described in Exhibits "A ", `B" "C" and "D" attached hereto and is further authorized and
57 directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of such
58 authorization and direction, the City Attorney or his assistant or designee,, is specifically
59 1 authorized to sign and file a Declaration of Taking so that the City may avail itself at the
60 provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is
61 further authorized to accomplish the acquisition of said parcels by settlement and compromise in
62 those instances where same can be effected in accordance with the terms, conditions, and
63 limitations established from time to time by the Boynton Beach City Commission.
64 SECTION 5. This Resolution shall become effective immediately upon its
65 ' passage and adoption.
66 PASSED AND ADOPTED this 2nd day of February, 2016.
67
68 I CITY OF BOYNTON BEACH, FLORIDA
69
70 YES NO
71 Mayor — Jerry Taylor
72
73 Vice Mayor — Joe Casello
74
75 Commissioner — David T. Merker r/
76
77 Commissioner — Mack McCray
78
79 Commissioner — Michael M. Fitzpatrick c/
80
81 VOTE
82 AT ST:
83
84
85 I Ju if A. Pyle CMC
86 In im Cit y Clerk _.
87 '*
88
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89 EXHIBIT "A"
90
91 PARCEL NO. 16
921
931
94
95 PROPERTY LEGAL DESCRIPTION:
96.:
97 1 THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL:
981
991 THE EAST 125 FEET OF THE WEST 202.5 FEET OF LOT 7,LANEHART'S SUBDIVISION,
10 0 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED AT BOOK 1, PAGE 35, PUBLIC
101 ' RECORDS OF PALM BEACH COUNTY, FLORIDA.
102•
103, CONTAINING 2500 SQUARE FEET, MORE OR LESS.
104
105 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF NW 11TH AVENUE
106 ; BEARS S89 °36'19 "EAS SHOWN INROAD PLAT BOOK 5, PAGE 179.
107
108
109
110 UTILII'Y EASEMENT LEGAL DESCRIPTION:
111 THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED
112 PARCEL:
113 THE EAST 125 FEET OF THE WEST 202.5 FEET OF LOT 7,LANEHART'S SUBDIVISION,
114 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35,
115 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
1161
1171 CONTAINING 1250 SQUARE FEET, MORE OR LESS
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118 EXHIBIT "B"
119
120 PARCEL NO. 21
121
122
123
124 PROPERTY LEGAL DESCRIPTION:
125
126 THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL:
127
128 THE EAST 50 FEET OF THE WEST 356.03 FEET OF LOT 7, LANEHART'S SUBDIVISION,
129 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE
130 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
131
132 CONTAINING 1000 SQUARE FEET, MORE OR
133 LESS.
134 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF NW 11TH
135 AVENUE BEARS S89 °36'19 "E AS SHOWN IN ROAD PLAT BOOK 5, PAGE 179.
136
137
1381
139
140 UTILITY EASEMENT LEGAL DESCRIPTION:
141 THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED
142 PARCEL: THE EAST 50 FEET OF THE WEST 356.03 FEET OF LOT 7,LANEHART'S
143 SUBDIVISION,
144 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE
145 35; PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
146
147 CONTAINING 500 SQUARE FEET, MORE LESS
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148 EXHIBIT "C"
149
150 PARCEL NO.22
151
152
153
154
15 5 PROPERTY LEGAL DESCRIPTION:
156
157 THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL:
158
15 9 THE EAST 50 FEET OF THE WEST 406.03 FEET OF LOT 7, LANEHART'S SUBDIVISION,
160 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35,
161 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
162
163 CONTAINING 1000 SQUARE FEET, MORE OR LESS.
164
16 5 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF NW 11TH AVENUE
166 BEARS S89 °36' 19 "E AS SHOWN N ROAD PLAT BOOK 5, PAGE 179.
167
168
169
170 U T I'i.,ITY EASEMENT LEGAL DESCRIPTION:
171 THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED
172 PARCEL:
173 THE EAST 50 FEET OF THE WEST 406.03 FEET OF LOT 7,LANEHART'S SUBDIVISION,
174 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORED IN PLAT BOOK 1, PAGE 35,
175 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
176
17 7 CONTAINING 500 SQUARE FEET, MORE OR LESS
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
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193
194
195 EXHIBIT "D"
196
1971 PARCEL NO. 24
198
199
200
201
PROPERTY LEGAL DESCRIPTION:
202
203 THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL:
204
205 THE EAST 50 FEET OF THE WEST 506.03 FEET OF LOT 7, LANEHART'S SUBDIVISION,
206 ! ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35,
207 i PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
208
209 CONTAINING 1000 SQUARE FEET, MORE OR
210 LESS.
211 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF NW 11TH
212 $ AVENUE BEARS S89 °36'19 "E AS SHOWN IN ROAD PLAT BOOK 5, PAGE 179.
213
214
215
216
217 UTILITY EASEMENT LEGAL DESCRIPTION:
218 THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED
219 PARCEL: THE EAST 50 FEET OF THE WEST 506.03 FEET OF LOT 7,LANEHART'S
220 SUBDIVISION,
221 ACCORDING TO THE MAP OR PLAT THEREOF, AS AS RECORDED IN PLAT BOOK 1, PAGE
222 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
223
224 CONTAINING 500 SQUARE FEET, MORE OR LESS.
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