R95-153
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RESOLUTION NO..{95-/~
A RESOLUTION OF THE CIT:Y OF BOYl-!+,ON BEACH, FLORIDA,
DECLARING THE PUBl;.tIC., NECESSITY:<Ij OF )\CQUIRING FOUR
(4) PARCELS OF, PROPERTY FOR THE EXPANSION OF A,PARK
FACILITY 'IN TIlE CITY OF BOYNTON BEACH BOUNDED BY
THE C-16 CANAL; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS,
providing ..for adequate public park and
recreation facilities is a matter of great importance and
concern to the residents of Boynton Beach; and
WHEREAS, .on January 1S, 1994, the City entered into an
Agreement with Palm Beach County, as amended for the use and
benefit of the City'S CommunitYDev~lopment Block Grant
Program (Linear Park, Phase II); which, among other things,
provided for the expansion of the C-16 Park Project
(hereinafter "C-16 Park Project"); and
WHEREAS, the C-16 Park Project is r~quired to better
accomplish the public purpose described above and further the
general welfare of the cit~zenry of the City; and
WHEREAS, the area of expansion has heretofore been
located and surveyed and the properties needed for the
contemplated ~xpansion of the C-16 Park Project have been
identified and descriptions thereof have been prepared, based
upon the survey and location data;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section 1.
It is necessary, serves a City and public
purpose, and is in the best interest of Boynton Beach that the
C-16 Park Project be expanded.
Section 2.
That
the
properties
described
in
Exhibit "A" attached hereto under parcel numbers 1, 2, 3, and
4 be and the same are hereby ratified and confirmed and found
to be necessary for the expansion of the C-16 Park Project to
Page 1 of 3
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the extent of fee simple interest, unless the estate or
interest is otherwise set forth as part of the respeoti ve
parqel's desoription, and that acquisition of said parcels for
this proj eot is neoessary and serves a ci ty and pUblio
purpose.
Seotion 3. The offioe of the City Attorney or the City
Attorney's designee is authorized and direoted to institute a
lawsuit or law~uits in the name of the City of Boynton Beaoh,
Florida, and in the exeroise of Boynton Beaoh · s power of
eminent domain for the purpose of aoquiring the paroels
desoribed in Exhibit "A" attaohed hereto to the extent of the
estate or interest set forth as a part of eaoh respeotive
paroel 's desoription and is further authorized and direoted to
do all things neoessary to proseoute suoh lawsuit or lawsuits
to final judgment. In pursuit of suoh authorization and in
direotion, the city Attorney or his assistant or designee, is
speoifioally authorized to sign and file a Deolaration of
Taking so that the city may avail itself of the provisions of
Chapters 73 and 74, Florida statutes, and the City Attorney or
his assistant is further authorized to aooomplish the
aoquisition of said paroels by settlement and oompromise in
those instanoes where same oan be effeoted in aooordanoe with
the terms, oonditions and limitations established from time to
time by the Boynton Beaoh City Commission.
seotion 4. All resolutions or parts of resolutions in
oonfliot herewith are hereby repealed to the extent of suoh
oonfliot.
Seotion5. If any olause, seotion, other part or
applioation of this Resolution is held by any oourt of
oompetent jurisdiotion to be unoonstitutional or invalid, in
part or applioation, it shall not affeot the validity of the
remaining portions or applioations of this Resolution.
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II
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Section 6.
This Resolution shall become effective
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immediately upon its passage and adoption.
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS .LL DAY OF ~)""7E~~, 1995.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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CIT CLERK '
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KLE/tcc:aw
940225
EOOMAIN3.RES
By:/irP~
Mayor
~
~~.
Vice ayor
Page. 3 of 3
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PARCEL NO. 1
Lots 1, 2 and 3, Block 1, HAPPY HOME HEIGHTS, according to
the Plat thereof, as recorded in Plat Book 11, Page 30 of
the Public Records of Palm Beach County, Florida.
950085/exh.1
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PARCEL NO. 2
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Lot 6, Block 1, HAPPY HOME HEIGHTS, according to the Plat
thereof, as recorded in Plat Book 11, Page 30 of the Public
Records of Palm Beaqh County, Florida.
950085\EXH.2
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PARCEL NO.3
Lots 1 and 2, SUBDIVISION OF LOT 3, LANEHARTS SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 10,
Page 39 of the Public Records of Palm Beach'County, Florida.
950085\EXH.3
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PARCEL NO. 4
ALL OF THAT LAND CONVEYED BY FARMERS BANK TRUST COMPANY TO
FREDERICK A. GLIDDEN BY QUITCLAIM DEED BEARING DATE MARCH 23, 1926,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SO MUCH OF THE FOLLOWING DESCRIBED LANDS AS FORM A TRIANGULAR PIECE
OF LAND LYING AND BEING IMMEDIATELY WEST OF AND ADJACENT TO THE"
RIGHT-OF--WAY OF THE FLORIDA EAST COAST RAILWAY COMPANY, TO WIT:
BEGINNING AT A POINT ON THE SECTION LINE BETWEEN SECTIONS 21 AND
22, 700, FEET NORTH OF THE SOUTHWEST CORNER OF LOT 3, SECTION 22,
TOWNSIUP 45 SOUTH,. O,F RANGE, 43 EAST (ACCORDING TO THE FIELD NOTES
OF THE UNITED STATES SURVEY AT THE NORTHWEST CORNER OF THE LAND
DEEDED BY CECIL UPTON TO PETER W . KING); THENCE EAST ALONG THE
NORTH BOUND,ARY LINE OF SAID, LAND 1402.5 FEET TO THE SHORE OF LAKE
WORTH; THENCE NORTH IN A. STRAIGHT LINE 330 FEET TO A POINT NEAR THE
SHORE. OF SAID LAKE; 'l:'HENCE 1349.7 FEET TO THE SECTION LINE BETWEEN
SECTI()NS 21, AND 22; THENCE SOUTH A~ONG SAID SECTION LINE TO THE
POINT:pF BEGINNING, LESS AND EXCEPTING THEREFROM THE RIGHT-OF;"'WAY
OF THE' FLORIDA EAST COAST RAILWAY COMPANY.
950085\EXH.4