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82-MMMRESOLUTION NO. 82-~;~ ~ ~p~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING ACQUISITION OF CERTAIN EASEMENTS MORE PARTICULARLY DESCRIBED HEREINAFTER FOR THE PURPOSE OF THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF RAW WATER WELLS, TOGETHER WITH EASEMENTS FOR THE INSTALLATION OF UNDERGROUND PIPES, SANITARY HAZARD RESTRICTED AREA EASEMENTS AND A TEMPORARY CONSTRUCTION EASEMENT, TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF APPRAISERS AND AUTHORIZING THE FILING OF EMINENT DO,lAIN PROCEEDINGS. WHEREAS, the City Engineer and the Director of Public Utilities have recommended the acquisition of certain easements for the purpose of constructing, installing and maintaining raw water wells, together with easements for the installation of underground pipes, sanitary hazard restricted area easemenns and a temporary construction easement, to be a public necessity; and WHEREAS, the specific permanent easements which must be acquired are more particularly described in Exhibit "A" attached hereto; and WHEREAS, the City Engineer and the Director of Public Utilities have recommended the acquisition of a temporary con- struction easement for a period of two (2) years in order to construct the above referenced raw water wells; and WHEREAS, the specific land needed for said temporary con- struction easement is described in Exhibit "B" 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 of said easements for the purpose of the construction, installation and maintenance of raw water wells, together with easements for the installation of underground pipes, sanitary hazard restricted area easements and a temporary construction easement, described in Exhibits "A" and "B" attached hereto, are a public necessity and the same 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 Exhibits "A" and "B" 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 proceed- ings the interest heretofore mentioned in the property described in Exhibits "A" and "B" 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 ADOPTED this /~-~ day of ~ ~ ._~ 1982. CITY OF BOYNTON BEACH, FLORIDA B~ ATTEST: (Corp. Seal) - 2 - EASEMENTS FOR THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF RAW WATER WELLS TOGETHER WITH EASEMENTS FOR THE INSTALLATION OF UNDERGROUND PIPES The West forty (40) feet The North twenty-five (25) feet The East twenty-five (25) feet less existing 25 foot easement as recorded in Official Record Book 2792 Page !941 Palm Beach Countv, Florida_ Ail said easement description are measured perpendicular to, and parallel with, the property lines of the following described property; A portion of Boynton Central Park, P.I.D. Subdivision, an un- recorded plat in Section 32, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, more particularly des- cribed as follows: Commencing at the Northeast corner' of Section 32, Township 45 South, Range 43 East, Palm Beach County, Florida; thence due West (assumed), along said North line of Section 32, a distance of 112.84 feet to a point in the Westerly right of way line of the Seaboard Airline Railroad; thence S. 20° 0' 15" W., along said Westerly right of way line, a distance of 764.69 feet to the POINT OF BEGINNING of the parcel to be-herein described; thence continue S. 20o 0' 15" W., along the said Westerly right of way line of the Seaboard Airline Railroad, a distance of 1733.18 feet to a point in the Northerly right of way line of Southwest 23rd Avenue, as shown on the Florida State Road Department Right of Way Map of State Road 1-95, Section 93220-2411; thence N. 88o 32' 20" W. , along said Northerly right of way line, a distance of 164.10 feet to a point of curvature of a curve concave to the South; thence Westerly, along the arc of said curve, having a radius of 2391.83 feet and a central angle of 9o 46' 14", a distance of 407.87 feet to a point in the Easterly right of way line of Lake Worth Drainage District E-4 Canal; thence N. 2° 21' 32" E., along said Easterly right of way line of E-4 Canal, a distance of 1903.86 feet; thence due East, parallel with the North line of said Section 32, a distance of 388.87 feet; thence South 69° 59' 45" East a distance of 741.01 feet to the POINT OF BEGINNING. EXHIBIT "A" Sanitary Hazard Restricted Easements (6) as required by Environmental Control Rule II Section 8 (2) C Each of the Six (6) easements, consists of that part of a circle whose radius is 100 feet and is contained in a parcel of land described as follows: Property Description A portion of Boynton Central Park, P.I.D. Subdivision, an unrecorded plat in Section 32, Township 45 Sou%h, Range 43 East, Boynton Beach, Palm Beach County, Florida, more particularly des- cribed as follows: Connmencing at the Northeast corner of Section 32, Township 45 South, Range 43 East, Palm Beach County, Florida; thence due West (assumed), along said North line of Section 32, a distance of 112.84 feet to a point in the Westerly r~ght of way line of the Seaboard Airline Railroad;. thence S. 20° 0' 15" W., along said Westerly right of way line, a distance of 764.69 feet to the POINT OF BEGINNING of the parcel to be'herein described; thence continue S. 20o 0' 15" W., along the said Westerly right of way line of the Seaboard Airline Railroad, a distance of 1733.18 feet to a point in the Northerly right of way line of Southwest 23rd Avenue, as shown on the Florida State Road Department Right of Way Map of State Road 1-95, Section 93220-2411; thence N.' 88o 32' 20" W. , along said Northerly right of way line, a distance of ]64.10 feet to a point of curvature of a curve concave to the South; thence W~sterty~ along the arc of said curve, having a radius of 2391.83 feet and a central angle of 9o 46' 14", a distance of 407.87 feet to a point in the Easterly right of way line of Lake Worth D~ainage District E-4 Canal; thence N. 2° 21' 32"~E., along saJd Easterly right of way line of E-4 Canal, a distance of 1903.86 feet; thence due East, parallel with the North line.of said Section 32, a distance of 388.87 feet; thence South 69° 59' 45" East a distance of 741.01 feet to the POINT OF BEGINNING. The centers of said Six (6) !00 foot easement circles are located in said property description as follows: Begin at said Property Description POINT OF BEGINNING~ thence North 69° 59' 45" West along the North line of said unrecorded plat a distance of 741.01 feet to the South east corner of Tract C of said unrecorded plat; thence West along the South line of said Tract C and along the North line of Lot 1 of said unrecorded Plat a distance of 388.87 to an iron pin in the East right-of-way l~ine of Lake Worth Drainage District E4 canal; thence South 2° 21' 32" West along said East right-of-way line a distance of 50.00 feet thence South 87° 38' 28" East a distance of 30.00 feet to the center of the First (lst) said 100 foot radius circle (Well No. 17). Thence South 2° 21' 32" West along a line parallel to and 30 foot East, as measured perpendicular to said E4 canal East right-of-way line, a distance of 600.00 feet to the center of the second (2nd) said 100 foot radius circle (Well No. 18). Thence continue South 2° 21' 32" West a distance of 600.00 feet to the center of the third (3rd) said 100 foot radius Circle (Well No. 19). Thence continue South 2° 21' 32" West a distance of 600.00 feet to the center of the fourth (4th) Said 100 foot radius Circle (Well No. 20). Returning to the Said POINT OF BEGINNING begin new course South 20° 00' 15" West along the Said Westerly right-of-way line of the Seaboard Airline Railroad a distance of 1253.00 feet; thence North 69° 59' 45" West a distance of 15.00 feet to the center of the Fifth (5th) Said 100 foot radius circle (Well No. 21); thence South 20° 00' 15" West along a line parallel to and 15 foot West as measured perpendicular to Said Railroad right-of-way, a distance o~ 430.00 feet(Well to No. the 22). center of the Sixth (6th) Said 100 foot radius circle EXHIBIT "A" A 25 foot temporary construction easement for the purpose of providing access to well site utility line installations. This easement shall, expire two years from the date hereof. A portion of Boynton Central Park, P.I.D. Subdivision an unrecorded plat in Section 32, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County, Florida. More particularly described as follows: Commencing at the ~Drth East corner of said Section 32, thence due West (assuaned) along the North line of said Section 32, a distance of 112.84 feet to a point in the Westerly right-of-way line of the Seaboard Airline Railroad, thence South 20° 007 15" West, along said Westerly 'ri~ht of way line, ~ distance of 764.69 feet to the north east corner of said unrecorded plat, thence North 69° 59~ 45" West along North l~ne of said unrecorded plat a distance of 741.01 feet to the south east corner of Tract C of the said unrecorded plat~ thence West along the South line of said Tract C a distance of 80.09 feet to the south west corner of said Tract C and the POINT OF BEGINNING of following described temporary easement; thence North 2° 217 32" East along the West line of said Tract C a distance of 404.45 feet to the South right- of-way line of Woolbright Road; thence East along said South right-of-way ~ distance of 25.00 feet; thence South 2° 217 32" West a distance of 404.45 feet to the South line of said Tract C; thence West along said south line of Tract C a distance of 25.00 feet to the POINT OF BEGINNING. EXHIBIT "B"