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R03-1361 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC NECESSITY OF ACQUIRING PARCEL' S ONE (1), TWO (2), THREE (3) AND FOUR (4) OF PROPERTY FOR THE PURPOSE OF CONSTRUCTING A DRAINAGE/RETENTION POND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of the properties to construct a drainage/retention pond is a matter of great importance and concern to the residents of the City of Boynton Beach; and WHEREAS, the parcels of land designated as Parcel' s 1, 2, 3 and 4 as more particularly described in Exhibit's "A", "B", "C" and "D' attached hereto, are required to better accomplish the public purpose described above and further the general health, safety, and welfare to the citizens of the City of Boynton Beach, Florida; and WHEREAS, the area designated as Parcel' s 1, 2, 3 and 4 has heretofore been located and surveyed and the property is needed for the acquisition of property to construct a drainage/retention pond; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. All exhibits attached hereto are hereby incorporated herein. SECTION 2. It is necessary, serves a municipal and public purpose, and is in the best interest of the City of Boynton Beach to acquire the properties to construct a drainage/retention pond. KLE/bb S:\CA\RESO\Real Estate\Degan Necessity reso.doc Page I of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. That the properties described in Exhibit' s "A", "B", "C" and "D"," attached hereto as Parcel Number' s 1, 2, 3 and 4 be and the same are hereby ratified, confirmed and found to be necessary for acquiring the properties to construct a drainage/retention pond. The City of Boynton Beach shall acquire fee simple title to said properties by gift, purchase, or eminent domain as described in Chapter 166, Florida ~qtamte~ and Chapters 73 and 74, Flnrid~ ~qt~mtes. That acquisition of said parcels for this project is necessary and serves a public purpose. SECTION 4. The City Attorney shall first attempt to acquire the properties through negotiations at a price agreeable to both the sellers, if found and determined, and the City of Boynton Beach; however, if such negotiations fail within a reasonable time from the enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the exercise of Boynton Beach' powers of eminent domain for the purpose of acquiring the parcel' s described in Exhibit' s "A","B", "C" and "D" attached hereto and is further authorized and directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of such authorization and in direction, the City Attorney or his assistant or designee, is specifically authorized to sign and file a Declaration of Taking so that the City may avail itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is further authorized to accomplish the acquisition of said parcels by settlement and compromise in those instances where same can be effected in accordance with the terms, conditions, and limitations established from time to time by the Boynton Beach City Commission. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Page 2 of 3 KLE/bb S:\CA\RESO\Real Estate\Degan Necessity reso.doc EXHIBIT "A' PARCF~L 1 Lot 1, Block 2, of BOYNTON PLACE, according to the plat thereof as recorded in Plat Book 11, Page 40, of the Public Records of Palm Beach County, Florida. EXItIRIT "B" PARCEL 2 Lot 2, Block 3, of LAKE ADDITION TO BOYNTON BEACH, acxor~g to the plat thereof as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida. EXIHRIT "C" PARCEL Lot 1, Block 3, of LAKE ADDITION TO BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida. EXHIRIT "D" PARCEL 4 Lot 2, Block 5, LAKE ADDITION TO BOYNTON BEACH, according to the plat thereof, as recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 11, Page 71. 1 2 3 4 5 6 SECTION 6. If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS ..~ DAY OF ~q~Ol.~_~ ,2003. CI~57~. ;~. BEACH, FLORIDA Vice May~-.~-~ .... __ J-(- commisSioner KLE/bb S:\CA\RESO\Real Estate\Degan Necessity reso.doc Page 3 of 3