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RESOLUTION NO. 04- [I q
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
DECLARING THE PUBLIC NECESSITY OF ACQUIRING FOUR
(4) PARCELS OF PROPERTY FOR THE PURPOSE OF BUILDING
A NEW RECREATION CENTER, REFURBISHING THE POOL
AND IMPROVING THE WILSON CENTER PARK AREAS
PURSUANT TO THE HEART OF BOYNTON-PLAN PHASE III, AS
AMENDED, WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the acquisition of property to build a new recreation center, refurbish
the pool and improve the Wilson Center Park Area pursuant to the Heart of Boynton Plan
'base KI, as amended, is a matter of great importance and concern to the residents of the
~ity of Boynton Beach; and
WHEREAS, the parcels of land designated as Parcels 1, 2, 3, and 4 as more
,articularly described in Exhibits "A", "B", "C", and "D", attached hereto, is required to
,etter accomplish the public purpose described above and further the general health, safety,
~nd welfare to the citizens of the City of Boynton Beach, Florida; and
WHEREAS, the area designated as Parcels 1, 2, 3, and 4 have heretofore been
ocated and surveyed and the property is needed for the acquisition of property to build a
mew recreation center, refurbish the pool and improve the Wilson Center Park Area
,ursuant to the Heart of Boynton Plan Phase m, as amended; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
:onfirmed as being true and correct and are hereby incorporated herein. All exhibits
roached hereto are hereby incorporated herein.
SECTION 2. It is necessary, serves a municipal and public purpose, and is
n the best interest of the City of Boynton Beach to acquire property to build a new
· ecreation center, refurbish the pool and improve the Wilson Center Park Area pursuant to
he Heart of Boynton Plan Phase 1II, as amended.
SECTION 3. That the property described in Exhibits "A", "B", "C", and
'D" attached hereto as Parcel Numbers 1, 2, 3, and 4 be and the same is hereby ratified,
:onfirmed and found to be necessary for acquiring property to build a new recreation center,
· efurbish the pool and improve the Wilson Center Park Area pursuant to the Heart of
~oynton Plan Phase I1/, as amended.
['he City of Boynton Beach shall acquire fee simple title to said property by gift, purchase,
.r eminent domain as described in Chapter 166, ISlmSda~Slan~ and Chapters 73 and 74,
~21afida~SIalntm. That acquisition of said parcel for this project is necessary and serves a
)ublic purpose.
SECTION 4. The City Attorney shall first attempt to acquire the property
~hrough negotiations at a price agreeable to both the sellers, if found and determined, and
:he City of Boynton Beach; however, if such negotiations fail within a reasonable time from
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ihe enactment of this Resolution, the City Attorney or the City Attorney's designee is
tuthorized and directed to institute a lawsuit in the name of the City of Boynton Beach,
rlorida, and in the exercise of Boynton Beach' powers of eminent domain for the purpose
)f acquiring the parcel described in Exhibits "A", "B", "C", "D" and "E" attached hereto
md is further authorized and directed to do all things necessary to prosecute such lawsuit to
'inal judgment. In pursuit of such authorization and in direction, the City Attorney or his
tssistant or designee, is specifically authorized to sign and file a Declaration of Taking so
hat the City may avail itself of the provisions of Chapters 73 and 74, Florida Statutes, and
he City Attorney or his assistant is further authorized to accomplish the acquisition of said
~arcels by settlement and compromise in those instances where same can be effected in
tccordance with the terms, conditions, and limitations established from time to time by the
3oynton Beach City Commission.
SECTION 5. All resolutions or parts of resolutions in conflict herewith are
~ereby repealed to the extent of such conflict.
SECTION 6. If any clause, section, other part, or application of this
~esolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
n part or application, it shall not affect the validity of the remaining portions or applications
)f this Resolution.
SECTION 7. This Resolution shall become effective immediately upon its
>assage and adoption.
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EXHIBIT "A"
~ots 506 and 507, CHERRY HIIJS SUBDIVISION, according to the Plat thereof recorded
Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida
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EXFffB1T "B"
-ets 503 and 504, CHERRY HIIJ_S SUBDIVISION, according to the Plat thereof recorded
n Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida
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EXHIBIT "C"
-Ots 519 and 520, CHERRY HIIJ $ SUBDWISION, according to the Plat thereof recorded
n Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida
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EXHIBIT "D"
~Ots 499 and 500, CHERRY HIIJ~S SUBDMSION, according to the Plat thereof recorded
n Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida
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PASSED AND ADOPTED this
~_TTEST:
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~O day of July, 2004.
CITY OF BOYNTON BEACH
Vice
Commi
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FLORIDA