Res. No. 91-24 (Recorded)CFN 20240170823
OR BK 35023 PG 427
RECORDED 5/16/2024 2:39 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 427 - 433; (7pgs)
RESOLUTION NO. 91-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DECLARING THE ACQUISITION OF A PERMANENT
EASEMENT AND A TEMPORARY EASEMENT, DESIGNATED AS
PARCELS 2A AND 213, NECESSARY FOR THE CONSTRUCTION OF A
NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN
THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE
AVENUE, TO BE FOR. A PUBLIC USE AND PURPOSE; AUTHORIZING THE
EMPLOYMENT OF APPRAISERS AND OTHER EXPERTS; AUTHORIZING
THE FILING OF EMINENT DOMAIN PROCEEDINGS IN THE EVENT
PRESUIT NEGOTIATIONS ARE UNSUCCESSFUL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach (the "City") provides storrnwater management services for the
residents of Delray Beach; and
WHEREAS, the City has an existing storrnwater pump station facility located in the Thomas Street
right-of-way lying west of Seabreeze Avenue, that abuts the northern boundary of the property located at 142
Scabreeze Avenue (the "Property"); and
WHEREAS, the City intends to construct and install a new expanded storrnwater 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 pennanent
casement and a temporary easement, designated as Parcels 2A and 2B, on the property described in Exhibits
"A" and "B", attached hereto and incorporated herein; and
WHEREAS, the funds are available for the acquisition of the permanent easement and temporary
easement designated as Parcels 2A and 2B; and
WHEREAS, in the event presuit negotiations with the owners of the Property are unsuccessful, the
City is authorized to exercise its authority of Eminent Domain pursuant to Chapters 73 and 74, and Sections
166.401 and 166.411, Florida Statutes, as amended; and
WHEREAS, in determining to proceed with the construction and improvement of the Project, and
determining the Project's location, including Parcels 2A and 2B, the City has considered the required factors
pursuant to Florida law, including safety, costs, alternate routes or methodologies, long range plans, and the
environment, as applicable to these parcels, more fully described in Exhibit "C", attached hereto and
incorporated herein; and
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OR BK 35023 PG 428
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WHEREAS, after considering the factors as set forth above, the City Commission has determined
that the acquisition of the permanent easement and temporary easement designated as Parcels 2A and 2B on
the property more fully described in Exhibits "A" and "B", are necessary for the construction and
improvement of the Project, and is for a public use and purpose deemed to be in the best interest of the City;
and
WHEREAS, the proposed uses and purposes of Parcels 2A and 2B, and the duration of Parcel 2B are
more fully described in Exhibit "C", attached hereto and incorporated herein; and
WHEREAS, the construction limits shall not extend beyond the limits as outlined in Exhibits "A"
and "B"; and
WHEREAS, the permanent easement and temporary easement on the property described in Exhibits
"A" and "B" to be acquired through Eminent Domain as authorized by this Resolution, are not being acquired
for the purpose of abating or eliminating public nuisances, slurp, or blighted conditions, and are subject to
any applicable conveyance restrictions pursuant to Florida law, to the extent they may apply; and
WHEREAS, in order to accomplish the acquisition of Parcels 2A and 2B, the City Attorney, using
outside counsel to the extent deemed appropriate, is authorized to take legal action, including the filing of
Eminent Domain Proceedings, and to employ real estate appraisers and other experts deemed necessary to
accomplish this purpose; 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 ❑ELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affinned and ratified.
Section 2. The Easements described in Exhibits "A" and "B" are to be used for the following,
public use and purpose: a penmanent easement and a temporary easement necessary for the construction and
improvement of the Project.
Section 3. The City Attorney, using outside counsel to the extent deemed appropriate, is
authorized and directed to proceed to take all necessary steps, including the hiring of accountants, appraisers,
or other experts and witnesses, for the City to acquire in its own name by donation, purchase, or Eminent
Domain Proceedings, the permanent easement and temporary easement on the real property described in
Exhibits "A" and "B," and prepare all papers, pleadings, and other instruments required for that purpose, and
to see that all Eminent Domain Proceedings are prosecuted to judgment,
RES. NO. 91-24
CFN 20240170823
OR BK 35023 PG 429
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Section 4. The City Attorney, using outside counsel to the extent deemed appropriate, is hereby
further authorized and directed to take such further actions as are reasonably required to fully accomplish the
purposes herein above directed, including correcting minor errors in the description of any real property
described in Exhibits "A" and "B", so long as the property does not change, that may be necessary to fully
accomplish those purposes.
Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED in regular session on the' day of IL-'i , ZpZ4.
ATTEST: '
Katerri Johnson, ity Clerk Mayor
Approved as to form and legal sufficiency:
LA�Grjz—
Lyn y Attorney �:,
• —. SKA L
•
RES. NO, 91-24
CFN 20240170823
OR BK 35023 PG 430
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EXHIBIT "C"
THOMAS STREET STORMWATER PUMP STATION REPLACEMENT PROJECT
HEAI,THISAFE'FV
The City of Delray Beach (City) owns and operates the Thomas Street Pump Station located at 1101
"Thomas Street in Delray Beach, Florida. This pump station currently provides stormwater pumping
for the 50-acre drainage basin including Thomas Street, Vista Del Mar Drive, and part of Andrews
Avenue and Lowry Street. As discussed more -fully below" this project ("Project") will replace the
existing stormwater pump station located on "Thomas Street with a new higher capacity stormwater
pump station which will be able to remove stormwater from Thomas Street and the surrounding area
in Delray I3each, Florida more effectively and efficiently. As the ponding{accumulation of
stormwater can cause hazards for vehicles. contain bacteria, and attract mosquitoes, this Project will
improve the health and safety of the residents of Delray Beach, Florida.
The design of the Project was prepared in conformance with all applicable engineering standards.
COST
The City of Delray Beach ("City**) has estimated. and considered the cost of the project but
determined that the benefits of more effectively and efficiently removing stormwater from "I'liomas
Street and the surrounding area outweigh the costs. During the design of this project, reasonable
efforts were made to minimize the areas of easements to be acquired through Eminent Domain.
ALTERNATE ROUTES
The Project will replace an existing; stormwater pump station which is located within existing right
of way for "Thomas Street. The existing stormwater pump station is proximate to the edge of the right
of way and a new location is not feasible without interfering with the use of Thomas Street for
vehicle traffic. The permanent easement is needed to perform. construction activities for the new
stormwater pump station and maintenance, as well as for potential future replacement activities. The
temporary easement is needed for the temporary relocation of an air conditioning units) and a pool
pump to allow for construction of the replacement stormwater pump station. This equipment must
be located near the house which they service in order to be connected to the existing air conditioning
and pool systems. For these reasons. there is virtually no flexibility as to the location of the
permanent or temporary easements.
LONG RANGE PLANNING
The City of Delray Beach Stormwater Master Plan, completed by ADA Engineering in February
2019, proposed capacity increases and other major infrastructure improvements to meet South
Florida Water Management District and T_evel of Service criteria for both current and 30-year Sea
Level Rise tidal conditions.
The Thomas Street Pump Station is a vital lifeline for approximately 800 residents living in the 50
acre drainage basin. The original pump station was built in the 1.970s and has reached the end of its
designed useful life (about 50-years). The original pump capacity was designed for a 25-year, 3-day
storm event at the time it was designed, which was 18.000 gallons per minute (GPM). A higher
pump capacity is required to meet current South Florida Water Management District Level of
Service criteria for both current and 30-year Sea Level Rise and tidal conditions. The existing pump
station has no backup generator, and its sole power source comes from overhead powerlines, which
can render the pump station out of service during fi-equent outages in peak hurricane season. Finally,
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OR BK 35023 PG 431
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the existing pump station does not provide any water quality improvements to tile stormwater" prior
to discharge to the Intracoastal Waterway.
A new 85,000 GPM stormwater pump station will be constructed with an upgraded drainage
network, backup generator. diesel fuel tank, buried underground powerlines and onsite water
treatment facility. The City intends to construct and install the new expanded stormwater pump
station in the same Iocation as the existing pump station. The development of this Project is in
conformance with the City's efforts to improve the health, safety, and well-being of its residents by
reducing accumulations of stormwater. Given the rising, sea levels and storms caused by climate
change and the effect on accumulation of stormwater. the replacement of the Thornas Street
stormwater pump station with one that more effectively and efficiently pumps stormwater shows the
City is seeking to solve long range problems with this Project.
ENVIRONMENTAL IMPACTS
The Project is not expected to have any significant environmental impacts. Any modest
environmental impacts will be positive by virtue of reducing, stormwater and associated bacteria.
Follouping is an explanation of the need fir the acquisition elf certain etrsernents fOr they Thomas
Street Storm>vater Pump .%tion Replacement Prgject:
ACQUISITION OF PERMANENT EASEMENT PARCEL 2A
'The permanent easement (.-Permanent Easement") designated as Parcel 2A is reasonably needed for
the following purposes and uses: (to access a stormwater pump station and appurtenant facilities and
equipment (the "Iquipment") located on property adjacent to Parcel 2A in order to install, operate,
maintain, service, construct, remove, relocate. repair, replace, expand, tie into, and inspect the
Equipment. City shall be authorized to perpetually use the property in, on, over, under and across the
area of Parcel 2A for such purposes and uses. However. the Equipment shall not be located in the area
of Parcel 2A except temporarily during, the activities described herein.
Parcel 2A shall also be used for the purpose of removing and moving certain improvements of the
property owners in the area of Parcel 2A, including; an air conditioning unit(s) and a pool pump
("Improvements") to the area of a Temporary Construction. Easement designated as Parcel 2I3 and
reconnecting said improvements to Owners' air conditioning and pool. systems all at City's expense.
Although, the owners of the property subject to Parcel 2A. and their heirs, successors, and assigns'
(collectively, "Owners") activities shall not interfere with the City's use of Parcel 2A, this Permanent
Easement shall be non-exclusive. Subsequent to the expiration of the temporary easement designated
as Parcel 2S, City shall relocate, if practicable, or replace with a like unit(s), if not, the improvements
back to materially the same location in Parcel 2A as before they were relocated. Subsequent to the
expiration of the temporary easement designated as Parcel 213, Owners shall be permitted to maintain
the Improvements in the area of Parcel 2A in the location and manner depicted in Exhibit "I ", attached
hereto and incorporated herein. Additionally, Owners shall be permitted to replace the Improvements
provided they are replaced with a Iike sized unit(s) in the same location. City shall have the unrestricted
right to remove or relocate the improvements in the event the easement area is required in the future
(after the expiration of Parcel 213) for equipment or personnel to access the easement area for the
purposes defined herein. In the event of the need for such future use of Parcel 2A. City shall provide
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advanced reasonable written notice of the removal or relocation. except in an emergency situation. In
the event of an emergency situation. City shall provide written notice as soon as reasonably possible.
If, after the expiration of Parcel 213, City has to temporarily relocate any improvements within Parcel
2A. City shall be responsible for the relocation and restoration of said improvements upon the
conclusion of its use of Parcel 2A. All such relocations shall be within the area of Parcel 2A unless
City subsequently acquires an additional temporary easement or other right to use property of Owners
For the purpose of�such relocation. This provision setting forth limitations and obligations of City shall
be a covenant running with the land.
ACQUISITION OF TEMPORARY EASEMENT PARCEL 2B
The temporary easement ("Temporary Easement") designated as Parcel 2B is reasonably needed for
the following limited purposes and uses: access and all related construction activities reasonably
required for the relocation of the Improvements described above in the area of Parcel 2A to the area
of Parcel 2B and connection ofsame to the existing air conditioning. and pool systems. The'Temporary
Easement shall be non-exclusive, provided, however, that Owners' (as defined above) use of the
property during the easement period shall not interfere with the City's continuing use of the area of
Parcel 2B as described above. This Temporary Easement shall expire upon the earlier of the
acceptance of the construction of the project for the Stormwater Pump Station by the City or three
(3) years from the date of the deposit of funds pursuant to an Order of Taking entered in any
proceeding for its acquisition.
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CFN 20240170823
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