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R06-057 " I RESOLUTION NO. 0(,-05;7 2 ! 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. 15 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 1 S:\CA\RESO\Ocean One (3)(040406)(rev).doc II 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 . 2 S:\CA\RESO\Ocean One (3)(040406)(rev).doc 11 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. 3 S:\CA\RESO\Ocean One (3)(040406)(rev).doc II 1 PASSED AND ADOPTED this Ljl}'dayof ~ ,2006. CITY OF BOYNTON BEACH, FLORIDA By: ~ " 7zd~/~L/C Commissioner .1 '1----." (, ~.)~ Commissioner . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST: 18 19 'I 7 7 20 ( / ,C-).7'O 0~y ,1i 21. .~dajj(j f.yU' . /~:r; 22 ity Clerk // ',' 23. ('/ 24 (Corporate Seal) ( 4 II 1 2 3 4 EXHIBIT A 5 LEGAL DESCRIPTIONS OF UNITS 6 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. 12 13 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. 19 20 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. 26 27 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. 33 34 35 5 S:\CA\RESO\Ocean One (3)(040406)(rev).doc