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RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BoYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
NECESSITY OF ACQUIRING PARCELS TWO A, B & C (2A, 2B and
2C), THREE (3), FIVE (5), SIX (6), SEVEN (7), and NINE (9) OF
PROPERTY FOR THE PURPOSE OF CONSTRUCTING A
DRAINAGE/RETENTION POND WITHIN THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the acquisition of the properties to construct a drainage/retention pond
is a matter of great nnportance and concern to the residents of the City of Boynton Beach;
and
WHEREAS, the parcels of land designated as Parcels 2A, 2B, 2C, 3, 5, 6, 7 and 9
as more particularly described in Exhibits "A", "B", "C", "D", "E", "F". "G" and
"H', attached hereto, are required to better accomplish the public purpose described above
and further the general health, safety, and welfare to the citizens of the City of Boymon
Beach, Florida; and
WHEREAS, the area designated as Parcels 2A, 2B, 2C, 3, 5, 6, 7 and 9 has
heretofore been located and surveyed and the property is needed for the acquisition of
property to construct a drainage/retention pond; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confn'rned as being true and correct and are hereby incorporated herein. All exhibits
attached hereto are hereby incorporated herein.
SECTION 2. It is necessary, serves a municipal and public purpose, and is
in the best imerest of the City of Boynton Beach to acquire the properties to construct a
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drainage/retention pond.
SECTION 3. That the properties described in Exhibits "A", "B", "C",
"D", "E", "F", "G" and "H" attached hereto as Parcel Numbers 2A, 2B, 2C, 3, 5, 6,
7 and 9 be and the same are hereby ratified, confirmed and found to be necessary for
acquiring the properties to construct a drainage/retention pond. The City of Boynton Beach
shall acquire fee simple title to said properties by girl, purchase, or eminent domain as
described in Chapter 166, Flnrida .qtamte.q and Chapters 73 and 74, Flnrida ,qtamte~. Tkat
acquisition of said parcels for this project is necessary and serves a public purpose.
SECTION 4. The City Attorney shall first attempt to acquire the properties
through negotiations at a price agreeable to both the sellers, if found and determined, and
the City of Boynton Beach; however, if such negotiations fail within a reasonable time
from the enactment of this Resolution, the City Attorney or the City Attorney's designee is
authorized and directed to institute a lawsuit in the name of the City of Boynton Beach,
Florida, and in the exercise of Boynton Beach' s powers of eminent domain for the purpose
of acquiring the parcels deicribed in Exhibits "A'?, "B", "C", "D", "E", "F" "G"
and "H', attached hereto and is further authorized and directed to do all things necessary
to prosecute such lawsuit 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 tha'~ the City may avail itself of the provisions of
Chapters 73 and 74, Florida Statutes, and the City Attorney o~' his assistant is further
authortZed 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 5. All resolutions or parts of resolutions in conflict here~vith are
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in part or application, it shall
applications of this Resolution.
SECTION 7.
passage and adoption.
hereby repealed to the extent of such conflict.
SECTION 6. If any clause, section, other part, or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
not affect the validity of the remaining portions or
This Resolution shall become effective immediately upon its
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE
BOYNTON BEACH, FLORIDA, THIS '7 DAY OF
CITY OF
,2003.
ATTEST:
TY CLERK
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
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Lots 1
Book
EYHIRIT "A"
and 15, C.W. COPP'S ADITION, according to the plat thereof, as recorded in Plat
Page 56, of the Public Records of Palm Beach County, Florida.
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Lots
recorc
F~gHIRIT "R'
7, 19, 21, and 23, C.W. COPP'S ADDITION, according to the plat thereof, as
d in Plat Book 7, Page 56, of the Public Records of Palm Beach County, Florida.
H:~2003x )356\necessity reso .doc
Lots 9
theret¢
the Pu
10 and 11 and the North 5.00 Feet of the abandoned alley lying south and adjacent
ARDEN PARK, according to the plat thereof, as recorded in Plat Book 2, Page 96, of
lic Records of Palm Beach County, Florida.
H32003\ 356\necessity reso .doc
EYHIRIT"
PARCEl,
Lots 6
of and
and ad
96 of ~
through 67 inclusive, the South one-half (s. 1/2) of that abandoned alley lying northerly
{iacent to said Lot 65 and all that portion of road right-of-way and park lying westerly of
tcem to, thereof, bounded on the west by the southerly projection of Lots 62 through 64,
in "ARDEN PARK", according to the plat thereof, as recorded in Plat Book 2, Page
public records of Palm Beach County, Florida.
Lots 1
plat th
CounV
East.
F~I-IIRIT "E'
7, 158, 159 and 160, "ARDEN PARK ADDITION TO BOYNTON", according to the
:eof on file in the office of the Clerk of the Circuit Court in and for Palm Beach
Florida, recorded in Plat Book 2, Page 96, Section 21, Township 45 South, Range 43
EXHIRIT "F'
Lot of "ARDEN PARK", according to the plat thereof, as recorded in Plat Book 2, Page
96, of Public Records of Palm Beach County, Florida.
EYHIRIT"
PARCEl.
Lot of "ARDEN PARK", according to the plat thereof, as recorded in Plat Book 2, Page
96, of Public Records of Palm Beach County. Florida.
EYHIRIT "H"
Lot of "ARDEN PARK", according to the plat thereof, as recorded in Plat Book 2, Page
96, of Public Records of Palm Beach County, Florida.
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