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R98-091RESOLUTION NO. ~- 9/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE ACQUISITION OF FEE SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF THAT CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED; FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF THE ESTABLISHMENT AND DEVELOPMENT OF A WET STORM WATER RETENTION FACILITY; INCLUDING APPROXIMATELY 10% OF THE SITE FOR A PASSIVE PARK, CONSERVATION, OR RECREATION AREA BUFFER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach hereby finds that there is a need for a Wet Storm Water Retention Facility; including approximately 10% of the site for a passive park, conservation, or recreation area buffer; and WHEREAS, the City Commission of the City of Boynton Beach finds that there is a public purpose and it is in the best interest of the citizens of the City of Boynton Beach to establish a Wet Storm Water Retention Facility; including approximately 10% of the site for passive park, gonservation, or recreation area buffer; and WHEREAS, the City Commission of the City- of Boynton Beach finds that it is necessary to acquire the real property described below for the public purpose of establishing a Wet Stem Water Retention Facility; including approximately 10% of the site for a passive park, conservation, or recreation area buffer; and that t~e THE property described below is necessary for that purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA that: Section 1: The above recitals are true and correct and are hereby incorporated herein by reference. Section 2: The City Commission of the City of Boynton Beach hereby authorizes th~ acquisition of the real property legally described as folloWs. Parcel 1: Lot 23 and the.east eight feet of the north 98 feet of Lot 24, Dewey's' Subdivision, as recorded in PB 1, page 37 of the public records of Palm Beach County, Florida; Parcel 2: Lot 26, less the south 45 feet thereof~ Dewey's Subdivision, as recorded in PB 1, page 37 of the public records of Palm Beach County, Florida. by gift, purchase or eminent domain as described in Chapter 166, Florida Statutes and Chapters 73 and 74~ Florida Statutes. The City of Boynton Beach shall acquire fee simple title to said property. Section 3: The City Commission of the City of Boynton Beach hereby determines that it is necessary to acquire the above- described property for the public purpose of providing a Wet Storm Water Retention Facility; including approximately 10% of the site f~r a passive park, conservation, or recreation area buffer; for residents of the City of Boynton Beach. Section 4: Vance & Doney, P.A. has been retained as Special Counsel to represent the City in this matter. Special Counsel is authorized to institute eminent domain proceedings to acquire the property by condemnation according to Florida Law. COunsel is authorized to ~etain, on behalf of the City, the services of appraisers, land planners and experts in other disciplines whom he deems are necessary for the adequate preparation of this case. Section 5: This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS ~ DAY OF /~/~ , 1998. ATTEST: CITY OF BOYNTON BEACH, FLORIDA MaYor ~ommissioner issioner