Res. No. 90-24 (Recorded)CFN 20240170730
OR BK 35023 PG 196
RECORDED 5/16/2024 2:19 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 196 - 201; (6pgs)
RESOLUTION NO. 90-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER
TO NOTIFY THE OWNERS OF PROPERTY OF THE CITY'S NEED
FOR EASEMENTS THEREON, PROVIDE A WRITTEN OFFER OF
COMPENSATION IN THE AMOUNT OF $179,500, ENGAGE IN
PRESUIT NEGOTIATIONS, AND OTHERWISE COMPLY WITH
SECTION 73.015 OF THE FLORIDA STATUTES IN AN EFFORT TO
ACQUIRE A PERMANENT EASEMENT AND A TEMPORARY
EASEMENT ON PROPERTY HAVING AN ADDRESS OF 142
SEABREEZE AVENUE, DELRAY BEACH, THAT ARE REQUIRED
TO CONSTRUCT AND INSTALL A NEW EXPANDED
STORMWATER. PUMP STATION FACILITY WITHIN THE THOMAS
STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE;
AUTHORIZING THE CITY MANAGER. TO TAKE ALL ACTIONS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach (the "City") provides stormwater management services for the
residents of Delray Beach.; and
WHEREAS, the City has an existing stormwater pump station facility located in the Thomas Street
right-of-way lying west of Scabreeze Avenue, that abuts the northern boundary of the property located at 142
Seabreeze Avenue (the "Property"); and
WHEREAS, the City intends to construct and install a new expanded stormwater pump station facility
in the same location as the existing pump station (the "Project"); and
WHEREAS, in order to complete the Project, the City requires the acquisition of a permanent
easement and a temporary easement on the property described in Exhibits "A" and "B" (collectively, the
"Easements"), attached hereto and incorporated herein, respectively; and
WHEREAS, if the Easements cannot be acquired through presuit negotiation., the City intends to
exercise its authority of Eminent Domain pursuant to Chapters 73 and 74, and Sections 166.401 and 166.411,
Florida Statutes, as amended, to acquire the Easements; and
WHEREAS, prior to exercising its authority of Eminent Domain, the City is required to notify the
owners of the Property of the City's need for the Easements, provide the owners of the Property a written
offer of compensation to purchase the Easements, fulfill the other requirements of Section 73.015, Florida
Statutes, and attempt to reach an agreement regarding; the amount of compensation to be paid for the
Easements; and
CFN 20240170730
OR BK 35023 PG 197
Pg: 2 of 6
WHEREAS, the owner must be given at least 30 days after either receipt of the notice or the date the
notice is returned as undeliverable by the postal authorities to respond to the offer, before the City files a
condemnation proceeding for the Easements identified in the offer; and
WHEREAS, the City Commission desires to authorize the City Manager to notify the owners of the
Property of the City's need for the Easements, provide the owners of the Property a written offer of
compensation up to S179,500 to purchase the Easements, fulfill the other requirements of Section 73.015,
Florida Statutes, and attempt to reach an agreement regarding the amount of compensation to be paid for the
Easements; and
WHEREAS, the City Commission deems approval of this Resolution to be in the best interest of the
health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission of the City of Delray Beach authorizes the City Manager to
notify the owners of the Property of the City's need for the Easements, provide the owners of the Property a
written offer of compensation up to $179,500 to purchase the Easements, fulfill the other requirements of
Section 73.015, Florida Statutes and attempt to reach an agreement regarding the amount of compensation to
be paid for the Easements, and to acquire the Easements required to complete the Project.
Section 3. The City Commission authorizes the City Manager to take all actions necessary to
effectuate this Resolution.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the day of , 2024.
ATTEST:
S40-,t,1,
Katerri Johnson, City Clerk Mayor
Approved as o form and legal sufficiency:
DEL00
Lyn Attorney �.��.• `
K
SEAL
RES. NO.90-24
CFN 20240170730
OR BK 35023 PG 198
Pg: 3 of 6
LEGAL DESCRIPTION.- PERMANENT EASEMENT PARCEL 2A
A PARCEL OF LAND LYING WITHIN A PORTION OF LOT 23, OCEAN BREEZE ESTATES,
RECORDED IN PLAT BOOK 18, AT PAGE 36, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID LANDS LYING WITHIN A PORTION OF SECTION 16,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 23 AS SHOWN ON SAID PLAT;
THENCE SOUTH 00 :57 26 " EAST, FOR 6,00 FEET TO THE POINT OF BEGINNING.
THENCE NORTH 89'1429" EAST ALONG THE SOUTH RIGHT —OF —LINE FOR THOMAS
STREET AS NOW LAID OUT' AND IN USE, RECORDED IN OF_ED BOOK 560, AT PAGE
122, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR 80.45 FEET. -
THENCE SOUTH 00'45'30" EAST, FOR 6.00 FEET; THENCE SOUTH 89'14'29" WEST,
FOR 80.43 FEET; THENCE NORTH 00'5726" WEST, FOR 6.00 FEET' TO THE POINT OF
BEGINNING.
SAID LANDS CONTAIN 483 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES:
LEGEND:
1. DATA SHOWN HEREON WAS COMPILED FROM DB = Deed Book
OTHER INSTRUMENTS AND DOES NOT ORB = Official Records Book
CONSTITUTE A FIELD SURVEY AS SUCH. P8 = Plot Book
2. THE BEARINGS SHOWN HEREON ARE BASED P8CR = Palm Beach County Records
ON THE NORTH RIGHT—OF—WAY LINE FOR PG. = Poge
THOMAS STREET, PLAT BOOK 18, PAGE 36, RIW = Right —of —Way
PALM BEACH COUNTY, FLORIDA, BEARING
SOUTH 89' 14 '29 " WEST.
FOR THE f' IRV: WGI
19Y.-------- DATE:
WELSFY IMIT.H
PROFESSIONAL SURVE', OR AND MAPPER
FLORIDA LiCF_N.SE NO. 7096 NOT A SURVEY —DESCRIPTION ANE SKETCH ONLY
PROJECT: THOMAS STREET TASK:
PUMP STATION I PERMANENT EASEMENT PARCEL 2A
PREPARED BY.
17WGI
2035 Vi-to Parkway, Wes' Palm Beach. I"( 33411
Pnone No.866.909.2220 w,,vw.wg'f'.c.co^'l
Ccr' No. 6091 - E.B No. 7055
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CFN 20240170730
OR BK 35023 PG 199
Pg: 4 of 6
N
Air
03
CO
LOT 24
LOT 24-A OCEAN BREEZE ESTATES
OCEAN BREEZE ESTATES (PB 18, PC, 36, PBCR)
q-
(PB 18. PG. 36, PBCR) (ORB 26890, PG, 390 & 393) k CL 0
(DB 671, PG, 218) (ORB 28113, PG. 1493)
OF COMMENCEMENT
NORTHWEST
CORNER LOT 23
PER PLAT
15' L,011' 23-A
OCEAN BREEZE ESTATES
(PB IB, P","?. 36, PBCR)
(DB 671, PG. 218)
POINT OF
BEGINNING
vACH",
BASIN
OCEAN BREEZE
ESTATES
(PB 18, PG.
36, PBCR)
(DB 552,
PG. 267)
(DB 671,
PG. 218)
(D13 964,
PG. 516)
IUJ
sxto
-
�� ,�j S89*1429V
N C.3 NORTH RIGHT-OF-WAY LINE
I .0 tci THOMAS STREET
(z)
(z)(BASIS OF BEARINGS)
SOJ)TH RIGHT- 017— WAY L INE-
THOMAS STREET
N89'1 42.9 IE 80. 45
(0 co cl_-
THOMAS ST.
PB, 18, P-. 36
DB, 560, PG. 122
lui 'cl
0 (3
S89" 14 '29 V 60.4J'
to
NORTH 6.00' Of- LOT 23
ADDITIONAL RIW
SN co
(OB 560, PG. 1422, PBCR)
N
U)
LOT 23
OCEAN BREEZE ESTATES
(P6 18, PG. 36. PBCR)
(DB 560, PG. 122)
(ORB 30767, PG. 1036)
(ORB 31445, PG. 801)
NOT A SURVEY -DESCRIPTION AND SKETCH ONLY
PRO"JEC": THOMAS STREET AS K.
PUMP STATION PERMANENT EASEMENT PARCEL 2A
PREPARED 11 Y
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CFN 20240170730
OR BK 35023 PG 200
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LEGAL DESCRIPTION: TEMPORARY EASEMENT PARCEL 26
A PARCEL OF LAND LYING WITHIN A PORTION OF LOT 23, OCEAN BREEZE ESTATES,
RECORDED 1N PLAT BOOK 18, AT PAGE 36, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID LANDS LYING W17HIN A PORTION OF SECTION 16,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 23 AS SHOWN ON SAID PLAT;
THENCE SOUTH 00'57'26" EAST, FOR 12.00 FEET TO A POINT ON A LINE 6.00 FEET
SOUTH OF AND PARALLEL TO THE SOUTH RIGHT —OF —LINE FOR THOMAS STREET AS
NOW LAID OUT AND IN USE, RECORDED IN DEED BOOK 560, AT PAGE 122, OF THE'
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 89' 14'29 " EAST
ALONG SAID PARALLEL LINE, FOR 17.43 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE NORTH 89' 14'29 " EAST ALONG SAID PARALLEL LINE, FOR 63, 00 FEET;
THENCE SOUTH 00'45'30" EAST, FOR 8.00 FEET; THENCE SOUTH 89'14'29" WEST,
FOR 63.00 FEET; THENCE NORTH 00'45'30" WEST, FOR 8.00 FEET TO THE POINT OF
BEGINNING.
SAID LANDS CONTAIN 504 SQUARE FEET, MORE OR LESS.
SURVEYORS NOTES:
LEGEND:
1. DATA SHOWN HEREON WAS COMPILED FROM DB = Deed Hook
OTHER INSTRUMENTS AND DOES NOT ORB = Officiol Records Book
CONSTITUTE A FIELD SURVEY AS SUCH. PB = Plat Book
2. THE BEARINGS SHOWN HEREON ARE BASED PBCR - Palma Beach County Records
ON THE NORTH RIGHT-OF-WAY LINE FOR RGW Poge
THOMAS STREET, PLAT BOOK 18, PAGE 36, µ Right-of-way
PALM BEACH COUNTY, FLORIDA, BEARING
SOUTH 89'1429" WEST.
FOR THE : "IRM: WGI
er. -- ' -- '"-"�''�c,C``— DATE:
KEL:iE�'
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. 7096 NOT A SURVEY —DESCRIPTION AND SKETCH ONLY
Po_�t_cT: THOMAS STREET TAsX:
PUMP STATION TEMPORARY EASEMENT PARCEL 2B
PREPAREO BY :;t.l; 6174C)l_ESM7 25 t:WC_,
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2^35 Vista �'o�kway, wee+i'e.ln i3c�cs h. F1.. 33�1 i t.ttlNi) ��:��,� of
Phone No 866 909.2220 www�.w-ginc.00r.�_......._..._.................................__.
Cell No. 6391 • LB No. 705s CSA.T;
CFN 20240170730
OR BK 35023 PG 201
Pg: 6 of 6
N
LOT 24 —A
OCEAN BREEZE ESTATES
(PB 18, PG. 36, PBCR)
(DB 671, PG. 218)
POINT OF
COMMENCEMENT T. 6. 00'
NORTHWEST
CORNER LOT 23
PER PLAT
15• LOT 23--A
OCEAN BREEZE ESTATES
(P6 18, PG. 36, PBCR)
(DB 671, PG. 218)
N89' 14'29 "E
17.43'-
POINT OF
BEGINNING
LOT 24. cp c..
OCEAN BREEZE ESTATES C)�
(P13 18, PG. 36, PBCR) L6 �d
(ORES 26890, PG. 390 do 393)
(ORES 281113. PG. 1493)
ua fl7 ��
NORTH RIGHT—OF—WAY LINE
THOMAS STREET
(OASIS OF BEARINGS)
S89' 14'29V
PROPOSED
FAST MFNT
S00'57'26 "E
12.00'
THOMAS ST.
PB. 18, PG, 36
I)B. 560, PG. 122.
SOUTH RIGHT—OF—WAY LINE
THOMAS STREET
S89.1429*W ,, t
14'29 "E 63.00'--
S89" 14'29 "W 63.00'
NORTH 6.00' OF LOT 23
ADDITIONAL. R/W
(D 3 560, PG. 122, PBCR)
YACHT
BASIN
LOT 23
OCEAN BREE-ZE
ESTATES
OCEAN
f3RH:.Z E,STAT-
(PB 18, PG.
36, PBCR)
(PB 18, PG. 36,
PBCR)
(DB 552,
PG. 267)
(DB
560, G.
122)
(DB 671,
PG. 218)
(ORES
30767, PG,
1036)
(DB 964,
PG. 516)
(ORB
31445, PG.
801)
NOT A SURVEY —DESCRIPTION AND SKETCH ONLY
€=C.'; THOMAS STREET TASK:
PUMP STATION TEMPORARY EASEMENT PARCEL 2B
V WGU�... - ......... SHEET:
P:.!l: ��. :. •+C:. i-, JEre". i3: ,E:.� ) i4.
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