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84-A (2)A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING TttAT THE ACQUISITION OF EASE~,~ENTS FOR THE CONSirRU. CTION, OPERA'T'IONi A2~D ~[AINTENANCE OF SEWER FORCE MAIN AND WATER LINES, TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF APPRAISERS, THE ACQUISITION OF SAID WATER AND SEWER EASEMENTS BY PURCHASE OR EMINENT DOMAIN, AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Engineer has recommended the acquisition of perpetual easements over and under lands which would allow the City to construct, operate and maintain water main lines and sewer force mains under and through the following property shown on Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, funds are available for the above described acquisitions; and WHEREAS, this Council finds that the construction and maintenance of water lines and sewer force mains more particularly enumerated above in those lands described in Exhibit "A" are a public necessity and are necessary and essential to the interest of the City of Boynton Beach, Florida. NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 1. This Council adopts and ratifies those matters set forth in the foregoing recitals. 2. The City Attorney is authorized and directed to employ real estate appraisers for the purposes of securing appraisals of the value of the property described in Exhibit "A" for the purpose of acquiring the aforementioned needed legal interest in said properties. 3. The City Attorney is hereby authorized and directed to take the necessary steps for Boynton Beach, Florida, to acquire in its own name by donation, purchase or eminent domain proceedings the interest heretofore mentioned in the property described in Exhibit "A" and to have prepared in the name of Boynton Beach all papers, pleadings, and other instruments required for that purpose, and to see that all eminent domain proceedings are prosecuted to judgment. 4. The City Attorney is hereby authorized and directed to take such further action as is reasonably required to fully accomplish the-purpose hereinabove directed. PASSED AND this~k~day of ~vf~M~_~ ..... , 1984. ADOPTED CITY OF BOYNTON BEACH, FLORIDA ATTEST: CITY C~R~ (seal) VICE M~AYq~/ - - 2 - PERPETUAL EASE~NTAND RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING WATER MAINS AND SEWER FORCE }'~INS OVER, UPON, UNDER, THROUGH AND ACROSS THE FOLLOWING DESCRIBED LANDS LYINGAND BEING IN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA TO WIT: ' EASE~_4ENT DESCRIPTION NO. 1 The East ten (10) feet o'f a parcel of land described as follows: Parcel 1: The South 100 feet of the North 785.16 feet of Goverment Lot 2, Section 22, Township 45 South, Range 43 'East, lying West of the Florida East Coast Railway Company's right of way and South of'the right of way of Northeast 15th-Avenue in the City of Boynton Beach, Palm Beach County, Florida. EAS~IENT DESCRIPTION 'NO. lA The East ten (10) feet of the North 519.8 feet of the South B04.8 feet and the East 28 feet of the North 15 feet and the East 28 feet of the South 15 feet of a parcel of land described as follows: Parcel 2 The South 534.8 feet of Government Lot 2, Section 22, Township 45 South, Range 43 East, lying West of the Florida East Coast Railway Company's right of way line in the Qity of Boynton Beach, Palm Beach County, Florida (less the East seven (7') fee~ thereof). Note: The East property line lies 32 feet west, as measured perpendicular, to: the center of the existing rails of said Florida East Coast Railway, (Cont ' d. ) EXHIBIT "A" - 3 - EASEMENT DESCRIPTION 2 A ten (10) foot strip of land whos~ center line is parallel to and lies fifth-five (55) feet westerly, as measured perpendicular to the center line of the existing tracks of the Florida East Coast Railroad. Said ten (10) foot strip of lmnd begins.at the south boundaryline and ends at the north boundary line of property described .as follows; The North fortyJfive (45) feet of the East one hundred and seventy (170) feet of Block A, MEEKS and ANDREWS ADDITION,'. a subdivision in the City of Boynton Beach, Florida~ Section 21~ Township 45 South, Range 43 East, as recorded in Plat Book 5~ page 84, part of the records of the Clerk of the Circuit Court in and for Palm Beach County, Florida, except and less the rightL of-way of said Florida East Coast Railroad. A ten (10) foot strip of land whose cen~er line is parallel to and lies fifty-five (55) feet westerly as measured perpendicular to the center line of the existing tracks of the Florida East Coast Railroad. Said ten (10) foot strip of land begins at the south boundary land and ends at ~the north boundary of the property described as follows: The South ninety-~in~ (99) feet .of the E~st'fi~t~ '(50) feet of~Blo'C~-~z~EKS 6nd ~2,~DREWS ADDITION, a SUbdivision in the City of Boynton Beach, Florida, Section 21, Township 45 South, Range 43 East, as recorded in Plat Book 5, Page 84, part of th~ records of the Clerk of the Circuit' Court in and for Palm Beach County, Florida, except and less the right:-of-way of said Florida East Coast Railroad. (Cont ' d. ) - 4 - EASEMENT DESCRIPTION A ten (10) foot strip of land whose center line is parallel to and lies fifty five (55) feet westerly as measured perpendicular ~to the center line of the existing tracks of the Florida East Coast Railroad. said ten (10) foot strip of land begins at the south boundary line and ends at %he north boundary line of property described as follows: The East three hundred (300) feet of Block B,MEEKS and ANDREWS ADDITION, a subdivision in the City of Boynton~Beach; Florida, Section 21, Township 45 South, Range 43 East, as recorded in Plat Book 5, Page 84, part of the records of the Clerk of the circuit Court in and for Palm Beach County, Florida, except and less the right-of-way of said Florida East Coast Railroad. EASEmeNT DESCRIPTION The East ten (10) feet of a parcel of-land described as follows: The North 165 feet-of Government Lot Three (3) lying west of the railway, in Section 22, Township 45 South, Range 43 East, LESS right-of-way of C-16 Canal. The Centerline of said East ten (10) foot easement runs parallel to the centerline of the existing tracks 6f the Florida East Coast Railroad4and lies 55 feet westerly as measured perpendicular to said track centerline. - 5 -