R02-016
, ,
8/
RESOLUTION NO. Od. - 0 I ~
1
2
3
4
5
6
7
8
9
10
11
12
13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY F
BOYNTON BEACH, FLORIDA, DECLARING THE P IC
NECESSITY OF ACQillRING THREE (3) PARCELS OF PROP. RTY
FOR THE PURPOSE OF ACQillRING RIGHT-OF-W TO
IMPLEMENT THE PROPOSED BOYNTON BEACH BO EV ARD
PROMENADE AND RIVERW ALK PROJECT WITIDN HE CITY
OF BOYNTON BEACH, FLORIDA; PROVIDING FOR NFLICTS;
PROVIDING FOR SEVERABILITY; PROVlDIN FOR AN
EFFECTIVE DATE.
WHEREAS, the acquisition of right-of-way is neces ry to implement the proposed
Boynton Beach Boulevard Promenade and Riverwalk oject and is a matter of great
14
importance and concern to the residents of the City f Boynton Beach; and
15
WHEREAS, the parcels of land d ignated as Parcels 1, 2 and 3, as more
16
particularly described in Exhibits "A", B" and" C", attached hereto, are required to
17
better accomplish the public purpos Clescribed above and further the general health, safety,
18
and welfare to the citizens of City of Boynton Beach, Florida; and
19
WHEREAS, the ea designated as Parcels 1, 2 and 3 has heretofore been located
20
e property is needed for the acquisition of right-of-way which is
and
21
ement the proposed Boynton Beach Boulevard Promenade and Riverwalk;
22
necessary to
and
23
OW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24
CITY OF BOYNTON BEACH, FLORIDA THAT:
25
The foregoing "WHEREAS" clauses are hereby ratified and
SECTION 1.
26
confirmed as being true and correct and are hereby incorporated herein. All exhibits
27
attached hereto are hereby incorporated herein.
28
It is necessary, serves a municipal and public purpose, and is
SECTION 2.
29
KLE/lmf
C:\Documents and Settings\larnannar\Local Settings\Temporary Internet Files\OLKBO\necessity reso .doc
Page 1 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
, ,
in the best interest of the City of Boynton Beach to acquire the right-of
the proposed Boynton Beach Boulevard Promenade and Riverwalk.
SECTION 3.
That the properties described in Xhibits" A", " B" and " C"
attached hereto as Parcels Number 1, 2 and 3 be
the same are hereby ratified,
confirmed and found to be necessary for acquirin the right-of-way to implement the
proposed Boynton Beach Boulevard Promenade and Riverwalk. The City of Boynton
Beach shall acquire fee simple title to said pr erty by gift, purchase, or eminent domain as
described in Chapter 166,
and Chapters 73 and 74, Floricl::J St::JtlltP.~. That
acquisition of said parcel for this pr 'ect is necessary and serves a public purpose.
SECTION 4.
City Attorney shall first attempt to acquire the property
through negotiations at a pI" e agreeable to both the sellers, if found and determined, and
the City of Boynton B ch; however, if such negotiations fail within a reasonable time
from the enactment f this Resolution, the City Attorney or the City Attorney's designee is
ected to institute a lawsuit in the name of the City of Boynton Beach,
Florida, and n the exercise of Boynton Beach' powers of eminent domain for the purpose
of acquir. g the parcel described in Exhibits "A", "B" and "C" attached hereto and is
authorized and directed to do all things necessary to prosecute such lawsuit to fmal
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
KLE/lmf
C:\Documents and Settings\lamannar\Local Settings\Temporary Internet Files\OLKBO\necessity reso .doc
Page 2 of 3
"
1
Boynton Beach City Commission.
2
SECTION 5.
All resolutions or parts of resolutions in conflict herewith are
3
hereby repealed to the extent of such conflict.
4
SECTION 6.
If any clause, section, other part, or application of this
5
Resolution is held by any court of competent jurisdicti6n to be unconstitutional or invalid,
v/
6
in part or application, it shall not affect the .validity of the remaining portions or
7
applications of this Resolution.
8
This ResollJrion shall become effective immediately upon its
/
///
/
I
PASSED AND ADOPTE~_~ THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLO~A, THIS _ DAY OF JANUARY, 2002.
/
I
/
passage and adoption.
SECTION 7.
9
CITY OFBOYNTON BEACH, FLORIDA
ATTEST:
By:
GERALD BROENING, MAYOR
AS TO FORM
JA ES A. CHEROF, CITY ATTORNEY
KLE/lmf
C:\Documents and Settings\lamannar\Local Settings\Temporary Internet Files\OLKBO\necessity reso .doc
Page 3 of 3
RXHTRTT "A"
PA RC'FT NO 1
Lot 27 (Less the East 150 feet of the West 200 feet of the North 0 feet of the South 120 feet)
and Lot 28, Dewey's Subdivision, Plat Book 1, Page 37, Palm each County, Florida.
FXHTRTT "H"
PARrFT NO ?
Lot 29 (Less the East Coast Canal Right-of-Way), Dewey's Su ivision, Plat Book 1, page 37,
Palm Beach County, Florida.
FXHTRTT "r"
PARrFT NO 1
Lots 4, 13, and 20, in Dewey's Subdivision, of the South 0 -half (S 1/2) of the Southwest
Quarter (SW 1/4) West of canal of Section 22, Township 45 uth, Range 43 East, Palm Beach
County, Florida, as shown on the Plat thereof, recorded i Plat Book 1, Page 37, Palm Beach
County, Florida.
III
. 4--()~l!'()~ & CAl?l? I,__C.
. AERIAL PHOTO
.
.
.
It
--
-
--
-
-
-
-
-
,
PARCEL NO. 1
I OWNED BY: WE~~ALL T. & JANET B. HALL, TRS.
r 15
,~
~
I~
~
~
~
~
,
~
,
,
,
,
I
f
I
~-"()~I:!'{)~ & {;Al?I2. I~{;.
AERIAL PHOTO
J
PARCEL NO. 2
OWNED BY: GARNSEY-HALL ENTERPRISES, INC.
15
..
.
.
.
.
--
-
-
-
,
,
,
-
,
,
,
.~--()~l?S()~ <I: C~[l. I~C.
AERIAL PHOTO
PARCEL NO. 3
OWNED BY: JOSEPH T. & EMMA M. REESE
13
R02-016
TABLED ON 1-15-02
TO BE REPLACED ON
3/18/03 WITH NEW RESOLUTION AND NEW NUMBER