R93-168RESOLUTION NO. R93-//~g
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE EXERCISE OF EMINENT
DOMAIN, PURSUANT TO CHAPTERS 73 AND 74,
FLORIDA STATUTES, AND AS SET FORTH IN
SECTION 166.401, ET SEQ, FLORIDA
STATUTES; PROVIDING FOR THE PURPOSE AND
NATURE OF THE IMPROVEMENTS TO BE MADE;
PROVIDING A LEGAL DESCRIPTION OF THE
SUBJECT PROPERTY; PROVIDING FOR THE
INTEREST TO BE ACQUIRED, A FINDING OF
NECESSITY, AUTHORIZATION FOR A
DECLARATION OF TAKING, AUTHORIZATION TO
EXPEND FUNDS, AND TO HAVE FURTHER
PROCEEDINGS; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE TOWN OF OCEAN
RIDGE; AND PROVIDING AN EFFECtiVE DATE.
WHEREAS, the City of Boynton Beach, in cooperation with
the Town of Ocean Ridge's Water Improvement Project which is now
underway within the Town and which connects to the potable water
facilities of the City, and which includes the sub-aqueous
crossing of the Intracoastal Waterway of a twelve (12") inch
diameter potable water main, has sought to obtain, through
negotiations, a permanent easement across certain lands situate
within the City of Boynton Beach, Palm Beach County, Florida, as
described herein; and
WHEREAS, it is necessary and reasonable to exercise the
eminent domain power of the City to acquire a permanent easement
across the real property described herein; and
WHEREAS, the Town of Ocean Ridge has agreed to take all
necessary representation of the City to obtain such an easement
for the City of Boynton Beach; and
WHEREAS, funds are available and have been appropriated for
the acquisition of the needed easements from the Water
Improvement Bond Fund of the Town of Ocean Ridge;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. Ratification of Recitals. The above
recitals are adopted and ratified, as if set forth below.
Section 2. Purpose and Nature of Proposed Improvements.
The project is the placement of twelve (12") inch diameter
ductile iron water main ("water main") which originates at its
western terminus at a connection with water transmission
facilities owned and operated by the City of Boynton Beach,
which facilities are located within the City of Boynton Beach,
immediately west of the Florida East Coast Railway right of way.
The water main will continue underground in a generally easterly
direction, crossing State Road 5 (U.S. 1), continuing within the
road right of way of Shore Drive, crossing the subject property
within its southernmost 12 feet, and continuing in a
northeasterly direction in a sub-aqueous crossing of the
Atlantic Intracoastal Waterway to connect to water facilities
within the Town of Ocean Ridge.
Section 3. Subject Property and Interest to be
Acquired. The legal description of the affected property is as
follows:
The South Twelve (12) Feet of Lot 46,
COQUINA COVE", according to the plat
thereof as recorded in Plat Book 24, at Page
14 of the public ReCOrds of Palm Beach County,
Florida.
The interest to be acquired is a Twelve (12') foot wide x
One Hundred and Twenty (120') foot long Perpetual Utility
Easement along the southern boundary of the subject property, by
and for the Town of Ocean Ridge and the City of Boynton Beach.
Section 4. Finding of Necessity for the Easements. The
City Commission hereby finds that the above easements are
necessary for the placement by the City of a twelve (12') inch
ductile iron water main at a minimum depth of thirty-six (36")
inches below the existing grade. This water main is to be
installed to improve the water pressure and volume available for
fire suppression and consumer use in the northern portion of the
Town of Ocean Ridge~ and for the connection and service of
potable water to approximately 2 residences within the city, in
accordance with Project No. 91-1024-1, prepared by the Town's
consulting engineers, Barker, Osha & Anderson, Inc.
Section 5. Authority to Issue a Declaration of Taking.
The City Commission hereby authorizes the Town of Ocean Ridge to
file a ~etition in Eminent Domain and a Declaration of Taking to
be filed as provided by law either with or subsequent to the
Petition in Eminent Domain.
Section 6. Authority to Expend FUnds. The Town of
ocean Ridge has appropriated the amount of $15,000.00 to be
expended from its Water Improvement Bond Fund for the purpose of
prosecuting eminent domain proceedings, and the payment of the
full amount of the appraisals for the abOve described easement.
Section 7. Further Proceedings. The City Commission
hereby authorizes the Town of Ocean Ridge to take all necessary
actions to acquire the easements using the :quick take"
procedure allowed by law, including, but not limited to, the
filing Of a N0tice of Intent to File Eminent Domain Proceedings,
a Petition in Eminent Domain, and a Declaration of Taking, as
well as the procurement of goods and services such as land
appraisers, expert witnesses, or title reports,
Section 8. The Mayor and City Clerk are hereby
authorized and directed to execute an Interlocal Agreement
between~the City of Boynton Beach and the Town of Ocean Ridge
for the purpose of granting a temporary construction easement
and a perpetual utility easement for the construction of potable
water improvements in the Town of Ocean Ridge
section 9. This Resolution shall take effect
immediatelyupon passage.
PASSED AND ADOPTED this
ATTEST:
Cit~ Clerk
~- day of October, 1993.
CITY OF BOYB~T~ BEACH, FLORIDA
Mayor ~
~er
Boynton Beach shall each carry sufficient insurance to protect its own employees and officials,
and equipment in the event of damage or destruction. Ocean Ridge and Boynton Beach shall
each provide its own employees with Worker's Compensation insurance, as provided by law.
4. ~ The use of the term "officials" shall include appointed and elected
officials of Boynton Beach and Ocean Ridge and their successors.
5. ~ This instrument embodies the whole agreement of the parades on the
subject contained herein, and there are no promises, terms, conditions or obligations other than
those herein contained. This Agreement shall supersede all previous communications,
representations, advertisements, brochures, proposals or agreements, either oral or written,
between the parties hereto and not herein contained. However, the parties acknowledge and
agree that the obtaining of easements and placement of water lines by Ocean Ridge is part of an
ongoing project, and Ocean Ridge and Boynton Beach have an ongoing relationship reg~trding
the provision of potable water. As a result it is likely that additional business relations and
agreements will be forthcoming between the parties.
6. ~ In the event that any part, term or provision of this Agreement is
found to be illegal or inoperative by a court of competent jurisdiction, the validity of the
remahung portions and provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if this Agreement did not contain the particular part,
term or provision held to be so invalid.
7. ~ This Agreement may be executed simultaneously in two (2) or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
930927
P~e3
IN WITNESS WHEREOF, the Mayors and municipal Clerks of Ocean Ridge and
Boynton Beach have hereunto set their hands and seals in lawful execution of this Agreement
on the date opposite their names.
Date
A fTEST:
Town Clerk
TOWN OF OCEAN RIDGE, FLORIDA
By: r,z.~
(CORPORATE SEAL)
Date
ATTEST:
To~n Clerk
CITY OF BOYNTON BEACH, FLORIDA
By: ~~
Joset ~g~i~', Vice Mayor
(CORPORATE SEAL)
930927
Page 4
This ~nstru~..~nt Prepared by
and Return t.~l
Phyllis S. ~.~ock, Esquire
P~ J. NICC~T~, P.A.
317 Tenth St:test
West ]'elm Be~toh, Flor£da
(407) $59-53u0
Florida Bar I{o. 509922
33401
Glt~l' OF "I I :MPOBARY CONSTRUCTION ]~LSI{:MI~IT gO]~ WATER b"ERV{CE
The un:erslgned, NARY p. PITZOIBBONS, of Boynton Beach,
Florida, b~.~ng the owner of the property hereby affected
("Grantor,,), and the TOWN OF 0CEA~{ RIDGE, a Florida ~nicipal
corporation "Grantee.), situate £n Palm Beach Count~, Florida.
5!hat th~ Grantor, in consideration of the sum of TEN and
NO/100 DOLLAi'S ($10.00), and other ~ood and valuable consideration
paid to the ~rantorby the Grantee, the receipt of which is hereby
acknowledged has granted, bargained, and sold to ~heGrantee~ its
successors a~d assigns forever, a temporary cons~ruction easement
for the cone';ruction of a water distr£bution system, including the
construction of water distribution l~nes, fire hydrants, water
meters, and ~ppur~enant facll£ties, over, across, under m~din the
following d~cribed real proper~y located in Palm Beach County,
Florida, to
~'he Nozt.h Twenty (20.00) feet of the Sou%h Thirty Two
(32.00) feet of ~ot 46, "Coquina Cove,,, excluding any and
al~ ho~.~{es, buildings or other imprOvements thereon,
accordl~g to the Pletthereof aa recorded in Plat Book
~4, Pag~ 14 of the Public Re~ords of Palm Beach County,
Florida.
Page~! Grant of Temporary Construction Easement for Waker Service
%~)gu~v~ AND TOHO¥.~ tbs s~e un~o the ~r~tee~ l~s successor~
and assigns ~il the =o~let~on of a11 construction descri~
above as ev~.lenced by the focal accept~e of the T~ of ~ean
Ridge of al.] lmprov~ents contained ~n or on ~e Water Se~ice
Eas~nt !~'~dia=ely con~i~ous and adjacent hereto. I~ the
of ~ean ]~dge shall take no action ~o accept the said
~provement~. ~h[s Grant of T~ra~ Const~ction Eas~nt For
Wa=er Se~( ~ shall expire on ~ce~er 31, 1993.
d~ag~ =o e.:~isting s~face ~prov~nus and to return s~e to
condi~:~on e([~al or ~tte= than existing. Grantor agrees ~o take
such ~ct~on ~s is n~essa~ =o ~reven= ~nJ~, or accidents on
pro~:ty du=:ng construction, including g~ving r~ason~le notice to
invites tu ':he pro~rty. Grantee a~s to ~r~o~all ~'~rk in a
pro~= and ~r~anlike fashion. G=an~ shal[ remove, a~ s~n
whsn ~uch ex:ava=~ons are u~=ended.. Grantee's l~ab~lityshall
1~ =o ~:~s of negligence arising from ~pro~r oon~ction
~echn~ques.
hands end a~.~ls
the Grantor and Gr~ntee have set their
day of _ _, 19~3.
Page ~ Grant of Temporary Construction Easemen= For Water Service
Signe¢~, sealed and delivered
in th~ prese~oe
GRA~TOR~
Town Clerk
A%~RY p. FITZGIBBONS
G~ANTEE ~
Town of Ocean Ridge
STATE OF
CO~T~YOF Pt;~BRACH
i£ HBRB~'[ CERTIFY that on this day, before me~ an officer duly
autho~:~zed :.~ ~he S~ate aforesaid and in the County aforesaid to
take ~cknowl~dgaments, personally appeared MARY p. FITZ~IBBONS,
person1 desc~:.bed in and who execu=ed the foregoing instrument, and
she acknowl~.~ged before ~e that she executed the same and that she
did Uake an )ath.
WITN~Si; my hand and official seal in the County and State last
afore~said~ tais day of ~ , 1993.
(Seal)
Nota~ Public
My Commission Expiress
· N WI~! SS W~OF0 the Grantor has se= her hand end s®al th~s
day ¢:~ , 1993.
Signed, ~ea].d and delivered tn the ~re=ence
MARY ~. FITZGIBBONS
STATE DF FI~I~DA
COUNTY OF
· HER~v CERTII~ that on this day, before met an officer duly
authorized
take acknowl;dge~ents, personally ap~earedMARY p. FITZGIBBONSt the
person desor~be~ in and who executed the £oregolng ins=rumen=, and
she acknow~e~!ged before me that she executed the same.
NITNES~ my handsnd official sss1 in the County and State last
aforesaid, th£s day Of
· r 1993.
(Seal)
~o~aryPublic, State of Florida
This Inli;runl,nt Prepared by
and Return ~:l~l
Phyllis S.
PAU~ J. H~CC-I~/w~I, P.A.
317 Tenth
West Palm ~,ch~ Florida
(407) 659-~I~0
The
Florida,
corporation
33401
un:eraigned, MARY p. FITZGIBRONS, of Boynton Beach,
bi .nE the owner of the property hereby affected
and the CITY OF BO~NTON BEACH, s Florida municipal
"Grantee.), situate An Palm Beach County, Florida.
That ~h~ Grantor,
NO/lO0 DOLL~I:S {$10.00)
in consideration of the sum of TEN AND
and other good and valuable consideration
pa[d to the :ranter by the Grantee, the receipt of which is hereby
acknowledg~ has granted, bargained, and sold to the Grates, its
successors I,~d ass£gns forever, a perpetual easement for water
distribution purposes, including the installation and maintenance
of water dt~ trlbution lines~ fire hydrants, waUer meters, and
appurtenanu ~acilities, over~ across, under and in the follow,nE
described teL1 property located in Palm Beach County, Florida, to
wlt~
The BoulhTwelve (12.00) feet of Lot 46, 'coqulna Cove,,,
~acc°rdlL9, to tho :Plat thereof as recorded In plat Book
~, ~ I4 of ~he Public Records of Palm Beach County,
· O ~A~ ll~:)HOI~th~ sa~e unto the Grantee, its successors
and assignee forever.
STATE OF
COUNTY OF P~i~ B~ACH
X ~'~]~=.V CERTIFY that on this day, before me~ an officer duly
authorized ~:~ the State aforesaid and in the County aforesaid
take acknowl..=dgements, personally a~eared the Mayor and Town Clerk
of the Town of Ocean Ridge, to me known ~o be the persons who
signed the f-reqo~ng instrument as such officers for the uses and
purposes therein mentioned and that they affixed thereto
off~c£al se~ . of the Town of Ocean Ridge, that they did take an
oath and ~h~t th~ said instrument Ks ~he act and deed of said
municipal cc: 'potation.
~TNES-~ my hand and official seal in the County and State last
aforesaid, ~hia day of , 1993.
(Seal)
Notary Public
My Com~ission Explres~