R06-057
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I RESOLUTION NO. 0(,-05;7
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3 i i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
5 NECESSITY OF ACQUIRING THE COMMERCIAL
6 CONDOMINIUM UNITS DESIGNATED AS SUITES 101, 102,104 and
7 209 WITHIN THE FIRST FINANCIAL PLAZA FOR THE PURPOSE
8 OF ACQUIRING FEE SIMPLE, REQUIRED FOR THE
9 ELIMINATION OF BLIGHT AND SLUM AND FUTURE
10 CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S
11 ORIGINAL REDEVELOPMENT AREA AND FOR VEHICULAR
12 AND PEDESTRIAN ACCESS AND PUBLIC PARKING WITHIN THE
13 CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN
14 EFFECTIVE DATE.
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16 WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has
17 formally requested and the City Engineer has recommended that the acquisition of certain
18 real property as a Fee Simple estate is necessary in order to eliminate blight and slum and
19 for the construction of future improvements to the Ocean One project area; and
20 WHEREAS, as part and parcel of the Ocean One Project, the City Commission will
21 consider vacating 6th Court to create a new north south pedestrian and vehicular court open
22 to the public which constitutes a proper public purpose; and
23 WHEREAS, the Developer has agreed to construct, at its cost and expense, a
24 structured parking facility with approximately 1,492 parking spaces; and
25 WHEREAS, there is an immediate need for public parking in the downtown area;
26 and
27 WHEREAS, the Developer of the Ocean One Project will designate
28 approximately 449 public spaces during weekend evenings and 410 public spaces
29 during weekday evenings; and
30 WHEREAS, the funds are available for the acquisition of these needed parcels; and
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1 WHEREAS, this City Commission finds and agrees that the acquisition of the real
2 property described in composite Exhibit "A" as a Fee Simple estate is for a public purpose,
3 to wit: Fee Simple estate essential for elimination of blight and slum and certain future
4 improvements to the City's original redevelopment area pursuant to the Federal Highway
5 Corridor Community Redevelopment Plan adopted by the City Commission as part of the
6 i I CRA's Community Redevelopment Plan and for vehicular and pedestrian access and public
7 parking; and
8 WHEREAS, in order to accomplish the acquisition of the needed property for a Fee
9 Simple estate, it is necessary for the City Engineer and the City Attorney to take legal action
10 and to employ real estate appraisers and other experts deemed necessary.
11 NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY
12 OF BOYNTON BEACH, FLORIDA, THAT:
13 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
14 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached
15 hereto are hereby incorporated herein.
16 SECTION 2. It is necessary, serves a municipal and public purpose, and is in the
17 best interest of the City of Boynton Beach to acquire the fee simple estates as set forth in the
18 attached Exhibit "A", to eliminate blight and slum and for the future improvements to the
19 City's original redevelopment area and for vehicular and pedestrian access and public
20 parking.
21 SECTION 3. That the properties described in composite Exhibit "A" attached
22 hereto as commercial condominium units designated as suites 101, 102, 104 and 209 and the
23 same are hereby ratified, confirmed and found to be necessary for acquiring the fee simple
.
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I estate to eliminate blight and slum and for the future improvements to the City's original
2 redevelopment area and for vehicular and pedestrian access and public parking. The City of
3 Boynton Beach shall acquire fee simple title to said parcels by gift, purchase, or eminent
4 domain as described in Chapter 166, Florida Statutes, and Chapters 73 and 74, Florida
5 Statutes. That acquisition of said parcels for this project are necessary and serve a public
6 purpose.
7 SECTION 4. The City Attorney shall first attempt to acquire the property through
8 negotiations at a price agreeable to both the sellers, if found and determined, and the City of
9 Boynton Beach; however, if such negotiations fail within a reasonable time from the
10 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized
11 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in
12 the exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the
13 parcels described in composite Exhibit "A", attached hereto, and is further authorized and
14 directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of
15 such authorization and in direction, the City Attorney or his assistant or designee, is
16 specifically authorized to sign and file a Declaration of Taking so that the City may avail
17 itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his
18 assistant is further authorized to accomplish the acquisition of said parcels by settlement and
19 compromise in those instances where same can be effected in accordance with the terms,
20 conditions and limitations established from time to time by the Boynton Beach City
21 Commission.
22 SECTION 5. This Resolution becomes effective immediately upon its passage and
23 adoption.
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PASSED AND ADOPTED this Ljl}'dayof ~ ,2006.
CITY OF BOYNTON BEACH, FLORIDA
By: ~ "
7zd~/~L/C
Commissioner
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Commissioner .
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17 ATTEST:
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20 ( / ,C-).7'O 0~y ,1i
21. .~dajj(j f.yU' . /~:r;
22 ity Clerk // ','
23. ('/
24 (Corporate Seal)
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4 EXHIBIT A
5 LEGAL DESCRIPTIONS OF UNITS
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7 Unit 101, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium
8 thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and amendments
9 thereof, Public Records of Palm Beach County, Florida, together with an undivided
10 interest in any appurtenant common elements, as provided for in said Declaration of
11 Condominium.
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14 Unit 102, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium
15 thereof, recorded in OR.B. 3239, Page 714, and all exhibits and amendments
16 thereof, Public Records of Palm Beach County, Florida, together with an undivided
17 interest in any appurtenant common elements, as provided for in said Declaration of
18 Condominium.
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21 Unit 104, FIRST FINANCIAL PLAZA, together with parking spaces 10 and 70,
22 according to the Declaration of Condominium thereof, recorded in OR.B. 3239,
23 Page 714, and all exhibits and amendments thereof, Public Records of Palm Beach
24 County, Florida, together with an undivided interest in any appurtenant common
25 elements, as provided for in said Declaration of Condominium.
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28 Unit 209, FIRST FINANCIAL PLAZA, together with parking spaces 23 and 36,
29 according to the Declaration of Condominium thereof, recorded in O.R.B. 3239,
30 Page 714, and all exhibits and amendments thereof, Public Records of Palm Beach
31 County, Florida, together with an undivided interest in any appurtenant common
32 elements, as provided for in said Declaration of Condominium.
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