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80-WRESOLUTION NO. 80- ~/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING ACQUISITION OF LAND IN FEE TITLE FOR THE CONSTRUCTION OF LIFT STATIONS AND OF EASEFfENTS FOR THE CONSTRUCTION, OPERATION ANDMAINTENANCE OF SEWER FORCE MAIN LINES, TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYmeNT OF APPRAISERS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS. B~EREAS, the City Engineer has recommended the acquisition of certain lands in fee title for the construction of sanitary sewer lift stations, and WHEREAS, the specific land needed for said acquisiton of fee title is described on Exhibit "A" attached hereto, and ~EREAS, the City Engineer has further recommended the acquisition of perpetual easements over lands which allow the City to construct, operate and maintain force main lines for sewage purposes under and through the property, and ~HEREAS, the specific land needed for said easements is described in Exhibit "B" attached hereto and by reference incor- porated herein, and funds are available for the above-described acqui- IfHEREAS, sitions, and I~EREAS, sanitary sewer this Council finds that the construction of said lift stations and the construction and maintenance 6f the sewer force main lines on the lands described in Exhibits "A" and "B" attached hereto are a public necessity, and the same necessary and essential to the interest of Boynton Beach, Florida~ WHEREAS, this Council finds that the previously mentioned acquisition of the rights more particularly enumerated above in those lands described in Exhibits "A" and "B" are also for the pub necessity and in the best interests of Boy.ton Beach, Florida, and WHEREAS, this Council finds that in order to accomplish the above described acquisition, it is necessary for the City Engineer and the City Attorney to take legal action and employ real estate appraisers~ NOW, THEREFORE, be it resolved by the City of Boynton Beach, Florida, that: 1. This Council adopts and ratifies forth City Council of the those matters set in the foregoing recitals. 2. The City Engineer and the City Attorney are authorized ~nd 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 aforemention~ 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 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 ~rosecuted to judgment. 4. The City Attorney and City Engineer are hereby authori~ and directed to take such further action as is reasonably required to fully accomplish the purpose hereinabove directed. PASSED and ADOPTED this ./~ day o'f ~/~_ 1980 CITY OF BOYNTON BEACH, FLORIDA B~ Mayor Vice kTTEST: Secretary ' ~/ " (Corp. Seal) Cou.n~cj 1 Member ~C~uncil Memb e~.~ -2- EXHIBIT "A" Parcel 1-2 That oart of a parcel of land lying in Section Township 45 South, Range 43 East, Palm Beach Countv, Florida 18, Said parcel being described as the West three quarters (3/4) of the North One half (1/2) of the ~ 1/4 of said Section 18, except the West 33 feet for the Lawrence Road rightLof-way and also except the North 50 feet for the Lake Worth Drainage District L-20 Canal right~of~way, Said part'being described as the West 147 feet of the South 140 feet of tbs North 248 feet of said parcel described above, Parcel 7-2 A parcel of land lying in the ~orthwest Quarter (NW 1/4) of Sectio{ 36, Township 45 South, Range 42 East, Palm Beach County: Florida, being more particularly described as follows: Commencing at the Southwest corner of said Northwest Quarter ~ 1/4) of Section 36; thence on an assumed bearing of S 89° 56" 16" E along the South line of said Northwest Quarter ('~,~ 1/4) a distance of 525~00 feet; thence due north a distance of 80.00 feet to a point on the proposed future North right-of-way line of Golf-Road <SW 23rd Avenue) and the POINT OF BEGINNING; Thence S 89° 56~ 16" E along said future North right-of-way line a distance of 150.00 feet; Thence due North a distance of 150.00 feet; Thence N 89° 56~ 16" W a distance of 150~00 feet: Thence due South m distance of 150.00 feet to the POINT OF BEGINNING containing 0.5165 acres. E~UdIBIT "B" PARCEL 1-1 That part of a parcel of land lying in Section 18, Township 45 South, Range 43 East, Palm Beach County, Florida. Said parcel being described as the West three quarters (3/4) of the North one half (1/2) of the NW 1/4 of said Section 18, except the West 33 feet for the LawrenceRoad right-of-way and also except the North 50 feet for the Lake Worth Drainage District L-20 Canal right-of-way. EASEMENT DESCRIPTION The North 20 feet and the East 10 feet of the West 59 feet of the North 108 feet. PARCEL 1-2 That part of a parcel of land lying in Section Township 45 South, Range 43 East, Palm Beach County, Florida. Said parcel being described as the West three quarters (3/4) of the North one half (1/2) of the NW 1/4 of said Section 18, exceot the West 33 feet for the Lawrence Road right-of-way and also except the North 50 feet for the Lake Worth Drainage District L-20 Canal right-of-way. Said part being described as the West 147 feet of the South 140 feet of the North 248 feet of said parcel described above. PARCEL 2-1 The NE1/4 of Section 18, Township 45 South, Range 43 East, Palm Beach County, Florida, except the North 50 feet and the South 15 feet for right-of-way for t~he Lake ~forth Drainage District Canals No. L-20 and L-21~ also except the East 50 feet for Congress Avenue right-of-wny, and the NE 1/4 of the NE 1/4 of the NW 1/4 of said Section 18, except the North 50 feet for said L-20 Canal rigkt- of-way. EASE~TENT DESCRIPTION The North 20 feet of the above described property, as measured perpendicular to the North property line and the West 20 feet of the East 30 feet of said above described property, as measured perpendicular to the East property line. PARCEL 3-1 The North 660 feet of the East 1350 feet of the SE 174 of Section 18, Township 45 South, Range 43 East, Palm Beach Cou~ty, Florida, except the right-of-way for the Lake Worth Drainage District Canal No. L-21 and also except the East 50 feet for Congress Avenue right-of-way. EASEMENT DESCRIPTION The West 20 feet of the East 30 feet of the above-described property, as measured perpendicular to the East property line. PARCEL 4-1 The East 1350 feet of the SE 1/4 of Section 18, less the North 660 feet thereof and the East 1350 feet of that part of the NE 1/4 of Section 19 lying north of the Boynton Canal, all in Tovmship 45 South, Range 43 East, less encumbrances and rights-of-way of record. EASEME..~ DESCRIPTION The West 20 feet of the East 30 feet of above described property, as measured perpendicular to the East property line. the PARCEL 6-1 A parcel of land lying in the Northwest Quarter (NW 1/4) of Section 36, To~shi? 45 South~ Range 42 East, Palm Beach County, Florida, being more particularly described as the East 535.44 feet of the South 100 feet of said Northwest Quarter (NW 1/4) of Section 36. EASEMENT DESCRIPTION The North 10 feet of the South 80 feet as measured perpendicular to the South property line. PARCEL 7-1 A parcel of land lying in the Northwest Quarter (~ 1/4) of Section 36, Township 45 South, Range 42 East, Palm Beach County, Florida being more particularly described as follows: Begin at the Southwest corner of the said Northwest Quarter (NW 1/4) of Section 36; thence run due north on an assumed bearing along the west line of said Northwest Ouarter (~ 1/4) of Section 36~ a distance of 2001.68 feet to a point; thence run N~ 89© 00' 46" E. a distance of 1349.75 feet to a point; thence run S. 0© 15' 32" W a distance of 1356.17 feet to a PARCEL 7-1 Cont. point; thence run S. 89© 44' 28" E. a distanca of 360.0 feet to a point; thence run S. 0° 15' 32" W. a distance of 238.75 feet to a point; thence run S. 66° 35' 58" E. a distance of 518.15 feet to a point; thence run S. 0© 35' 28" E. a distance of 225.0 feet to a point in the south line of said Northwest Quarter (NW 1/4) of Section 36; thence run N. 89° 56' 16" W. along the said south line of the Northwest Quarter (~ 1/4) of Section 36r a distance of 2180.19 feet to the point of beginning. EASEMENT DESCRIPTION The North 10 feet of the South 80 feet of the East 1585 feet, as measured perpendicular to the South property line. EXHIBIT "B" Parcel 5-1 Situated in the County of Palm Beach, State of Florida and known as being a parcel of land lying in Section 19, Town- ship 45 South, Range 43 East, according to the plat thereof recorded in Plat Book 7 on Page 19, Publia Records of Palm Beach County, Florida, being more particularly described as follows: Coramencing at the Southeast corner of said Section 19; thence N 0° 59' 39" W, a distance of 1242.2 feet; thence N 89° 46' 34" W, aldistance of 50.01 feet to the Point of Beginning of the parcel to be herein described; thence N 89° 46' 34" W, along the North right-of-way of Old Boynton Road, a distance of 2536.84 feet to a point in the Easterly line of the Plat of West Boynton 2-C, as recorded in Plat Bock 15, Page 14, Public Records of Palm Beach County, Florida; thence N 0° 51' 51" W, along the East line of said Plat of West Boynton, a distance of 1332.37 feet, thence S 87© 58' 21" W, a dis- tance of 20.0 feet to a paint in the East line of 'the Plat of West Boynton 2-B, as recorded in Plat Book 15, Page 13, Public Records of Palm Beach County, Florida, said East line also being~ the North-So~tk Quarter Sec.tion .line of said Section 19; thence N 0° 51' 517' W, along said East line a distance of 1221~33 feet to a point in m line 70 feet South of and parallel to the East-West Quarter, Quarter Section line of said Section 19; thence N 88° 05' 26" E, along said line, a distance of 2550.79 feet to a point in the West right-of-way line of Congress Avenue; thence S 0~ 59' 39" E, along said right-of-way line, a distance of 2647.91 feet to the Point of~Beginning aforedes~ribed. Less and not including the Lake Worth Drainage District right-of-way described in Official Record Book 1651, on Page 369. Said parcel containing 147.17 acres, more or less. Easement Description The West 20 feet of the East 30 feet of the above-described property as measured perpendicular to the East property line.