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R16-021 1 RESOLUTION NO. R16 -021 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 j DECLARING THE PUBLIC NECESSITY OF ACQUIRING FOUR (4) 5 ! • PARCELS OF PROPERTY FOR THE PURPOSE OF ACQUIRING 6 e RIGHT -OF -WAY AND UTILITY EASEMENTS TO IMPLEMENT THE 7 i PROPOSED NW 11 AVENUE STREET IMPROVEMENTS, AS PART 8 OF THE MODEL BLOCK PROGRAM OF THE HEART OF BOYNTON 9 COMMUNITY REDEVELOPMENT PLAN WITHIN THE CITY OF 10 ' BOYNTON BEACH, FLORIDA; AND PROVIDING FOR AN 11 ' EFFECTIVE DATE. 12 13 — WHEREAS, The City of Boynton Beach is a municipality organized and existing under 14 the laws of the State of Florida and is authorized under Chapters 73 and 74, and 166, Florida 15 Statutes, to acquire interests in privately owned lands which are necessary for a public purpose; 16 and 17 WHEREAS, the acquisition of right -of -way and utility easements is necessary to 18 implement the proposed NW 11 Avenue street improvements, which are part of the Model 19 Block Program of the Heart of Boynton Community Redevelopment Plan, and is a matter of 20 great importance and concern to the residents of the City of Boynton Beach; and 21 WHEREAS, the project includes but is not limited to drainage, grading and paving, 22 ' lighting, landscaping and irrigation and related utilities; and 23 WHEREAS, the parcels of land designated as Parcels 16, 21, 22 and 24, as more 24 particularly described in Exhibits "A ", "B" "C" and "D ", attached hereto, are required to 25 better accomplish the public purpose described above and further the general health, safety, and 26 welfare to the citizens of the City of Boynton Beach, Florida; and '77 WHEREAS, the area designated as Parcels 16, 21, 22 and 24 has heretofore been 28 located and surveyed and the property is needed for the acquisition of right -of -way and utility 29 easements which is necessary to implement the proposed NW 11 Avenue street improvements 30 as part of the Model Block Program of the Heart of Boynton Community Redevelopment Plan ; {00095204.2 306 - 9905018 } 31 and 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 33 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 34 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 35 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached 36 hereto are hereby incorporated herein. 37 SECTION 2. It is necessary, serves a municipal and public purpose, and is in 38 the best interest of the City of Boynton Beach to acquire the right -of -way and utility easements 39 to implement the proposed NW 11`" Avenue street improvements as part of the Model Block 40 Program of the Heart of Boynton Community Redevelopment Plan. 41 SECTION 3. That the properties described in Exhibits "A ", `B" "C" and "D" 42 attached hereto as Parcels Number 16, 21, 22 and 24 be and the same are hereby ratified, 43 confirmed and found to be necessary for acquiring the right -of -way and utility easements to 44 implement the proposed NW 11`" Avenue street improvements as part of the Model Block 45 Program of the Heart of Boynton Community Redevelopment Plan. The City of Boynton Beach 46 shall acquire fee simple title to said property, and, as indicated, an easement interest in another 47 portion of said property by gift, purchase, or eminent domain as described in Chapter 166, 48 Florida Statutes and Chapters 73 and 74, Florida Statutes. That acquisition of said parcels for 49 this project is necessary and serves a public purpose. 50 SECTION 4. The City Attorney shall first attempt to acquire the property 51 through negotiations at a price agreeable to both the sellers, if found and determined, and the 52 City of Boynton Beach; however, if such negotiations fail within a reasonable time from the 53 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized and 54 directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the {00095204.2 306 - 9905018 } 55 exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the parcel 56 described in Exhibits "A ", `B" "C" and "D" attached hereto and is further authorized and 57 directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of such 58 authorization and direction, the City Attorney or his assistant or designee,, is specifically 59 1 authorized to sign and file a Declaration of Taking so that the City may avail itself at the 60 provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is 61 further authorized to accomplish the acquisition of said parcels by settlement and compromise in 62 those instances where same can be effected in accordance with the terms, conditions, and 63 limitations established from time to time by the Boynton Beach City Commission. 64 SECTION 5. This Resolution shall become effective immediately upon its 65 ' passage and adoption. 66 PASSED AND ADOPTED this 2nd day of February, 2016. 67 68 I CITY OF BOYNTON BEACH, FLORIDA 69 70 YES NO 71 Mayor — Jerry Taylor 72 73 Vice Mayor — Joe Casello 74 75 Commissioner — David T. Merker r/ 76 77 Commissioner — Mack McCray 78 79 Commissioner — Michael M. Fitzpatrick c/ 80 81 VOTE 82 AT ST: 83 84 85 I Ju if A. Pyle CMC 86 In im Cit y Clerk _. 87 '* 88 00095204.2 306 - 9905018 } 89 EXHIBIT "A" 90 91 PARCEL NO. 16 921 931 94 95 PROPERTY LEGAL DESCRIPTION: 96.: 97 1 THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL: 981 991 THE EAST 125 FEET OF THE WEST 202.5 FEET OF LOT 7,LANEHART'S SUBDIVISION, 10 0 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED AT BOOK 1, PAGE 35, PUBLIC 101 ' RECORDS OF PALM BEACH COUNTY, FLORIDA. 102• 103, CONTAINING 2500 SQUARE FEET, MORE OR LESS. 104 105 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF NW 11TH AVENUE 106 ; BEARS S89 °36'19 "EAS SHOWN INROAD PLAT BOOK 5, PAGE 179. 107 108 109 110 UTILII'Y EASEMENT LEGAL DESCRIPTION: 111 THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED 112 PARCEL: 113 THE EAST 125 FEET OF THE WEST 202.5 FEET OF LOT 7,LANEHART'S SUBDIVISION, 114 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35, 115 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 1161 1171 CONTAINING 1250 SQUARE FEET, MORE OR LESS {00095204.2 306 - 9905018 } 118 EXHIBIT "B" 119 120 PARCEL NO. 21 121 122 123 124 PROPERTY LEGAL DESCRIPTION: 125 126 THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL: 127 128 THE EAST 50 FEET OF THE WEST 356.03 FEET OF LOT 7, LANEHART'S SUBDIVISION, 129 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 130 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 131 132 CONTAINING 1000 SQUARE FEET, MORE OR 133 LESS. 134 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF NW 11TH 135 AVENUE BEARS S89 °36'19 "E AS SHOWN IN ROAD PLAT BOOK 5, PAGE 179. 136 137 1381 139 140 UTILITY EASEMENT LEGAL DESCRIPTION: 141 THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED 142 PARCEL: THE EAST 50 FEET OF THE WEST 356.03 FEET OF LOT 7,LANEHART'S 143 SUBDIVISION, 144 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 145 35; PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 146 147 CONTAINING 500 SQUARE FEET, MORE LESS {00095204.2 306- 9905018 } 148 EXHIBIT "C" 149 150 PARCEL NO.22 151 152 153 154 15 5 PROPERTY LEGAL DESCRIPTION: 156 157 THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL: 158 15 9 THE EAST 50 FEET OF THE WEST 406.03 FEET OF LOT 7, LANEHART'S SUBDIVISION, 160 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35, 161 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 162 163 CONTAINING 1000 SQUARE FEET, MORE OR LESS. 164 16 5 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF NW 11TH AVENUE 166 BEARS S89 °36' 19 "E AS SHOWN N ROAD PLAT BOOK 5, PAGE 179. 167 168 169 170 U T I'i.,ITY EASEMENT LEGAL DESCRIPTION: 171 THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED 172 PARCEL: 173 THE EAST 50 FEET OF THE WEST 406.03 FEET OF LOT 7,LANEHART'S SUBDIVISION, 174 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORED IN PLAT BOOK 1, PAGE 35, 175 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 176 17 7 CONTAINING 500 SQUARE FEET, MORE OR LESS 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 {00955204.2 306 - 9905018 1 193 194 195 EXHIBIT "D" 196 1971 PARCEL NO. 24 198 199 200 201 PROPERTY LEGAL DESCRIPTION: 202 203 THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL: 204 205 THE EAST 50 FEET OF THE WEST 506.03 FEET OF LOT 7, LANEHART'S SUBDIVISION, 206 ! ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35, 207 i PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 208 209 CONTAINING 1000 SQUARE FEET, MORE OR 210 LESS. 211 BEARINGS ARE BASED ON THE ASSUMPTION THAT THE CENTERLINE OF NW 11TH 212 $ AVENUE BEARS S89 °36'19 "E AS SHOWN IN ROAD PLAT BOOK 5, PAGE 179. 213 214 215 216 217 UTILITY EASEMENT LEGAL DESCRIPTION: 218 THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED 219 PARCEL: THE EAST 50 FEET OF THE WEST 506.03 FEET OF LOT 7,LANEHART'S 220 SUBDIVISION, 221 ACCORDING TO THE MAP OR PLAT THEREOF, AS AS RECORDED IN PLAT BOOK 1, PAGE 222 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 223 224 CONTAINING 500 SQUARE FEET, MORE OR LESS. {00095204.2 306- 9905018 } . . ... . .. , . ., ..... . ,. . . r : , , I , i, , as - - ,,, ' : :c-i / ' - , 0 . ---4 i .., * • ter ., •,_: 46y l .. ,- I i i 4 4, --cramp, ,,, , - , . - ,,,,..„_, ...hi,: „_: s 9 , __, _ _. , , . , ,_._. , -,,,, ,__ . ..„ .. . , : ... ___ _ pig! 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