R94-208 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
23
24
25
26
27
28
29
30
31
32
RESOLUTION N0.~94-~
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
DECLARING THE PUBLIC NECESSITY OF ACQUIRING FOUR
(4) PARCELS OF PROPERTY FOR THE EXPANSION OF
POINCIANA ELEMENTARY SCHOOL FOR USE AS A JOINT USE
FACILITY WITH THE SCHOOL BOARD OF PALM BEACH
COUNTY; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, providing for adequate school facilities is a
matter of great importance and concern to the residents of
Boynton Beach; and
~EREAS, pursuant to Resolution No. 93-91, the City
Commission authorized the Mayor to execute a Site Expansion
Interlocal Agreement with the School Board of Palm Beach
County, Florida, which, among other things, provided for the
expansion of Poinciana Elementary School; and
WHEREAS, pursuant to the Interlocal Agreement, the School
Board has notified the City in writing that it has been unable
to acquire four (4) parcels of property (parcel numbers 1, 2,
3 and 4 "The Property");
WHEREAS, the expansion of Poinciana Elementary School is
required to allow the school to function; and
WHEREAS, the area of construction has heretofore been
located and surveyed and the properties needed for the
contemplated expansion of Poinciana Elementary School 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
Poinciana Elementary School be expanded.
Section 2. That the properties described in Exhibit
"A" attached hereto under parcel numbers 1, 2, 3 and 4 be and
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
31
32
the same are hereby ratified and confirmed and found to be
necessary for the expansion of Poinciana site Elementary
School to the extent of fee simple interest, unless the estate
or interest is otherwise set forth as part of the respective
parcel's description, and that acquisition of said parcels for
necessary and serves a City and public
this project is
purpose.
Section 3.
The office of the City Attorney or the City
Attorney's designee is authorized and directed to institute a
lawsuit or lawsuits in the name of the City of Boynton Beach,
Florida, and in the exercise of Boynton Beach's power of
eminent domain for the purpose of acquiring the parcels
described in Exhibit "A" attached hereto to the extent of the
estate or interest set forth as a part of each respective
parcel's description and is further authorized and directed to
do all things necessary to prosecute such lawsuit or lawsuits
to final judgment. In pursuit of such authorization and in
direction, the City Attorney or his assistant or designee, is
specifically authorized to sign and file a Declaration 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 accomplish the
acquisition of said parcels by settlement and compromise in
those instances where same can be effected in accordance with
the terms, conditions and limitations established from time to
time by the Boynton Beach City Commission.
Section 4. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the eXtent of such
conflict.
Section 5. If any clause, section, other part or
application of this Resolution is held by any court of
competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the
remaining portions or applications of this Resolution.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
31
32
Section 6. This Resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
Boynton Beach, FLORIDA, THIS ~ DAY OF~~_~U~, 1994.
CITY OF BOYNTON BEACH, FLORIDA
BY: ~
Mayor
Commissi n~ %~50, -
Commissioner
ATTEST:
CIT~ CLERK
CITY ATTORNEY
KLE/Lms
940225
EDOMAIN.RES
IlK NAIL
IRO~ ~X~ q cAP
LOT~ I~ 4 I~', 14APPY HOMG 14~!
PUD~IG RG¢.OR, D$ OP PALM I~EACH
_...........,,.o,,,,,,=v
HI ~C P~,AT _~_ #IM A~YA~i U
~1~~ QONSULTINt INO~HM ~O lU
PARCEL 1
-;
Ill
'~'l,O' NOIr'tH mt. ceha'r~l~
o~ ,I,~CTION ,&i~'rwP4B~ II, t~ 4.~
PARCEL 2
I,.eljAt,. DE~aGl;,I PT'ION: LE(~GI,4D
pU~[,i~ ReCO~I~ OF~ PALM D~..,~ · GET PZ
PAlilv~ ~EAf,:,H, COUNTY
PARCEL. COI,,:iTA. tl'4G 'I,'1"/'/t 5G~.UAP..E FP..r~T
t,C,'T 4
L.O'T
i:::d
DF..,~,CRIPT{ ON
~AND~ ~K ~, ~PPY
HEI~T~ ~'~CO~OED I~ PLAT ~
PUBLIC A~RD~ DF PAL~
FOR~ROAD ~I~NT-OF~A~ FOR Gg~RgGT s - ~D ~ GTE~'~D ~$ET ~AP) J~'
.......... AW '~ al~g IIH ~ ~ ~
..~..~,.,~,~.~~6~~.~w:~:~~ ~ =,., , ~.. .~,,~ J BOUNDARY SURVEY
~ ...... I;.,.: ~-_ ~"' J PALM ~AC~ COUNTY
~o~C~
PARCEL 3
PAk, M ~,~c~ COUNTY
PA ~¢~.L. COZ~Ig'At N~
DooK lO, PA (~ E
r.J.
L,OT 44
I VA C, D,I~T
5
I...C)'T 44
'"T~'x'c~,l~ ~'--'-'"-~
I.,t Nw,. FEI~E
1,,E&~l., DI~$GRIPTION:
TP.E ~d:~T~ HALF ('~.Vt,) OF LOT ~4.~ ~U~DIV%5101q
~E~T THe~OF;AHD L~T~ PORTION OF ~OAD
RI6~.~F.~AV AC~DI~G ~ D~D ~g ~i, PAGE
AVE.
)
POUND PK NAIb
UHOEROROUND OR INVISIBLE IMPROVBMENT~
NOT Lo~'rBD OR SHOWN
BOUNDARY SURVEY
FOR ~
~CHOOL E~OARD OF=
PALM I~eACH COUNTY
~.. t'-'"' I ~':' · G"/70
19 [ i~ , ~Z:)' . ........... ...