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R05-178 II 1 RESOLUTION NO. R05-J1.8 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC 5 NECESSITY OF ACQUIRING PARCELS OF PROPERTY MORE 6 TICULAR DESCRIBED ON COMPOSITE EXHIBIT "A" 7 ATTACHED HERETO FOR THE PURPOSE OF IMPLEMENTING 8 THE HEART OF BOYNTON COMMUNITY REDEVELOPMENT 9 AN; PROVIDING FOR CONFLICTS; PROVIDING FOR 10 S VERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 11 12 AS, the acquisition of the properties to implement the Heart of Boynto 13 velopment Plan is a matter of great importance and concern to the r 2 6 confirme as being true and correct and are hereby incorporated h 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, th arcels ofland designated as Parcels 1,2,3,4,5 , 7, 8, 9, 10 and 11 as more particularly de~d on Composite Exhibit "A" attac better accomplish the public p;se described above ~d her the general health, safety, and welfare to the citizens ofthe C of Boynton Beacl)(Florida; and / '" WHEREAS, the area design~:d as Tbed on Composite Exhibit "A" attached hereto has heretofore been located an~eyed and the properties are needed for the .. /' acquisition of property to implemenythe HeaN;, of Boynton Community Redevelopment Plan; ,,/" , \ and /' r'" \: /.y \'" / \ RE, BE IT RESOL VE~BY THE CITY COMMISSION OF TON BEACH, FLORIDA THA\: "-" The foregoing "WHEREAS" fuses are hereby ratified and 2 7 are hereby incorporated herein. 28 SECTION 2. It is necessary, serves a municipal and public purpose, and is in 1 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLK I F\necessity reso 2 (short legals).doc N62- 6 the best interest of the City of Boynton Beach to acquire the properties to imPlemen7eart of Boynton Co unity Redevelopment Plan. / / That the properties described in Composite EX~:'A" attached / hereto be and the same hereby ratified, confirmed and found to be 7SSary for acquiring the properties to implement tH Heart of Boynton Community Redriopment Plan. The City of Boynton Beach shall acquire fe imple title to said propzrtie ~y gift, purchase, or eminent domain as described in Chapter 166, Frida Statutes and C pters 73 and 74, Florida Statutes. I 1 2 3 4 5 7 through negotiations at a price agreeable to b and serves a public purpose. 8 That acquisition of said parcels for this pro 9 SECTION 4. all first attempt to acquire the properties 10 e sellers, if found and determined, and the 11 12 enactment of this Resolution, the Cit Attorney or the ity Attorney's designee is authorized 13 and directed to institute a lawsuit' the name of the City 0 oynton Beach, Florida, and in the 14 exercise of Boynton Beach' p, wers of eminent domain for the urpose of acquiring the parcels 15 described in Composite hibit "A" attached hereto and is furtl1 r authorized and directed to 19 provisions 0 Chapters 73 and 74, Florida Statutes, and the City Attorney 0 his assistant is 16 to prosecute such lawsuit to final jud 1 7 authorization and' direction, the City Attorney or his assistant or 18 and file a Declaration of Taking so that the City ma avail itself of the 20 orized to accomplish the acquisition of said parcels by settlement and compromise 21 instances where same can be effected in accordance with the tenns, conditions, and 22 limitations established from time to time by the Boynton Beach City Commission. 2 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc II 1 All resolutions or parts of resolutions in co 2 hereby rep led to the extent of such conflict. / 3 If any clause, section, or application of this 5 Resolution is held y any court of competent jurisdiction be unconstitutional or invalid, in part or application, i~all not affect the validity of t remaining portions or applications of \ , \. 4 6 SECTION 7. \(hiS Resolutio shall become effective immediately upon its this Resolution. 7 8 passage and adoption. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 OF BOYNTON BEACH, FLORIDA \\ commissi~r , Commissioner 3 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc EXHIBIT" A" PARCEL NO. 1 Lot 10, Block 1 of THE MEEKS AND ANDREWS ADDITION TO BOYNTON FLA. as recorded in P.B. 5, PG. 84, P.B.C.R. 4 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary lnternet Files\OLKIF\necessity reso 2 (short legals).doc PARCEL NO.2 Lot 9, Block 1 of THE MEEKS AND ANDREWS ADDITION TO BOYNTON FLA. as recorded in P.B. 5, PG. 84, P.B.C.R. 5 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc PARCEL NO.3 Portions of Lot 9, and Lot 10, Block 4, of THE MEEKS AND ANDREWS ADDITION TO BOYNTON FLA. as recorded in P.B. 5, PG. 84, P.B.C.R., being more particularly described as follows: The South 1/2 of the West 1/2 of the aforementioned Lot 9, Block 4.; Together with: The North 65 feet of the West 1/2 of the aforementioned Lot 9, Block 4.; Together with: The North 75 feet of the aforementioned Lot 10, Block 4. 6 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short Iegals).doc PARCEL NO.4 The South 75 feet of Lot 1, Block 3, of THE MEEKS AND ANDREWS ADDITION TO BOYNTON FLA. as recorded in P.B. 5, PG. 84, P.B.c.R. 7 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc PARCEL NO.5 Lot 20, Block 1, (Less the South 9.3 foot road right-of-way) of THE E. ROBERTS ADDITION subdivision as recorded in P.B. 1, PG. 123, P.B.c.R. 8 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc PARCEL NO.6 Lot 18, Block 1, (Less the South 10.0 feet road right-of-way) of the E. ROBERTS ADDITION subdivision as recorded in P.B. 1, PG. 123, P.B.C.R. Together with: the East 1/2 of Lot 19, Bock 1 (Less the South 10.0 feet road right-of-way) of THE E. ROBERTS ADDITION subdivision as recorded in P.B. 1, PG. 123, P.B.C.R. 9 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\necessity reso 2 (short legals).doc PARCEL NO.7 Lot 15, (Less the North 10.00' feet road right-of-way) of the ROBERT WELLS' SUBDIVISION as recorded in P.B. 11, PG. 66, P.B.C.R. 10 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc PARCEL NO.8 Lot 14, (Less the North 10.00' feet road right-of-way) of the ROBERT WELLS' SUBDIVISION as recorded in P.B. 11, PG. 66, P.B.c.R. 11 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\necessity reso 2 (short legals).doc PARCEL NO.9 Lot 166, of the ARDEN PARK ADDITION TO BOYNTON as recorded In P.B. 2, PG. 96, P.B.c.R. 12 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKl F\necessity reso 2 (short legals).doc PARCEL NO. 10 Lot 165, of the ARDEN PARK ADDITION TO BOYNTON as recorded in P.B. 2, PG. 96, P.B.C.R. 13 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLK1 F\necessity reso 2 (short legals).doc PARCEL NO. 11 Lot 164, of the ARDEN PARK ADDITION TO BOYNTON as recorded in P.B. 2, PG. 96, P.B. c.R. 14 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\necessity reso 2 (short legals).doc