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RESOLUTION NO. 0~-070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
NECESSITY OF ACQUIRING ONE (1) PARCEL OF PROPERTY
FOR THE PURPOSE OF CONSTRUCTING A FIRE STATION
WITHIN THE CITY OF BOYNTON BEACH, FLORIDA;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the acquisition of property to construct a fire station and is a matter of
great importance and concern to the residents o£the City of Boynton Beach; and
WHEREAS, the parcels of land designated as Parcel 1, as more particularly
described in Exhibit "A" attached hereto, is required to better accomplish the public
purpose described above and further thc general health, safety, and welfare to the citizens of
the City of Boynton Beach, Florida; and
WHEREAS, thc area designated as Parcel 1 has heretofore been located and
surveyed and the property is needed for the acquisition of property to construct a fire station;
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
confirmed 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 interest of the City of Boynton Beach to acquire property to construct a fire station.
SECTION 3. That the property described in Exhibit "A" attached hereto as
Parcel Number 1 be and the same is hereby ratified, confirmed and found to be necessary for
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acquiring property to construct a fire station. The City of Boynton Beach shall acquire fee
simple title to said property by gift, purchase, or eminent domain as described in Chapter 166,
Florid~ ~qtatntes and Chapters 73 and 74, Vlarida Statutes. That acquisition of said parcel for
this project is necessary and serves a public purpose.
SECTION 4. The City Attomey shall first attempt to acquire the property
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 fi:om the
enactment of this Resolution, the City Attorney or the City Attomey'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' powers of eminent domain for the purpose of acquiring the
parcel described in Exhibit "A" 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 Attomey 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 Attomey 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 5. All resolutions or parts of resolutions in conflict herewith are
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, in
part or application, it shall not affect the validity of the remaining portions or applications of
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this Resolution.
SECTION 7.
passage and adoption.
PASSED AND ADOPTED this
This Resolution shall become effective immediately upon its
day of April, 2003.
CITY ~F BOYI~T~)N B~CH, FLORIDA
~ice Ma
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PARCI~,I, NTC). ]
The North 275 feet of the South 1735 feet of that part of the East 1/2 of the North East 1/4 of
Section 33, Township 45 South, Range 43 East, lying West of the Dixie Highway (U.S. Hwy
No. 1), less the West 354.23 feet thereof.
Less and except the following:
A parcel of land lying in the Northeast 1/4 (NE 1/4) of Section 33, Township 45 South, Range
43 East, all lying West of Dixie Highway (U.S. Hwy No. 1) Boynton Beach, Palm Beach
County, Florida, said parcel being more particularly descried as follows:
Commencing at the Southwest corner of the East 1/2 of the Northeast 1/4 (NE 1/4) of Section 33;
thence with an assumed bearing of North along the West line of the East 1/2 of the NE 1/4 of
Section 33, a distance of 1735.04 feet; thence South 89o26, 00" seconds East along the South
Right of Way line of SE 18t~ Avenue, a distance of 438.32 feet to the Point of Beginning; thence
continue South 89o26, 00" seconds East, a distance of 383.06 feet to a point on the West Right
of Way Line of said Dixie Highway (U.S. Highway No. 1); thence South 06°08' 15" seconds
West along the Westerly Right of Way line of said Dixie Highway (U.S. Highway No. 1) a
distance of 110.52 feet; thence North 89o26, 00" seconds West, a distance of 372.49 feet; thence
North 00o38, 28" seconds East, a distance of 110.00 feet to the Point of Beginning.