R01-035RESOLUTION NO. R01-3 5'
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 PURCHASE OF MEETING THE STORMWATER
PRETREATMENT REQUIREMENTS OF PROPOSED
OUTFALL FROM A WET STORMWATER RETENTION
FACILITY, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach hereby finds that it
is necessary to purchase this parcel of land as it relates to the second pond in the Stormwater
system to meet the pretreatment requirements of proposed outfall from a wet stormwater
retention facility, that will serve Industrial Avenue and the Lake Boynton Estates
Subdivision; and
WHEREAS, the City Commission of the City of Boynton Beach, finds that there is a
public purpose and need, and it is in the best interest of the citizens of the City of Boynton
Beach to purchase this parcel of land to meet requirements of our proposed outfall, as it
relates to the second pond in the stormwater system that will serve Industrial Avenue and the
Lake Boynton Estates Subdivision;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
The above recitals are true and correct and are hereby incorporated
Section 1.
herein by reference.
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
the acquisition of the real property legally described as follows:
Lot 4, Block 11-A
Lake Boynton Estates, Plat #1
Plat Book 13, Page 32
Public Records of Palm Beach County
PCN: 08-43-45-29-01-052-0040
by gift, purchase or eminent domain as described in Chapter 166, Florida Statutes, and
Chapters 73 and 74, Florida Statutes.
Section3. 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 meeting the stormwater pretreatment requirements of the proposed outfall, as it relates to
the second pond in the stormwater system that will serve Industrial Avenue and the Lake
Boynton Estates Subdivision.
Section 4. That the City Attorney is authorized to institute eminent domain
proceedings to acquire the property by condenmation according to Florida Law. The City
Attorney is required to attempt to acquire the property by voluntary conveyance and if not
feasible, the City Attorney is authorized to retain, 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 become effective immediately upon passage.
PASSED AND ADOPTED this ,~ day of February, 2001.
CITY OF/,BOYNT?q BF_/~CH, FLOrRIDA
ATTEST: