Res. No. 92-24 (Recorded)CFN 20240170841
OR BK 35023 PG 489
RECORDED 5/16/2024 2:47 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 489 - 492; (4pgs)
RESOLUTION NO. 92-24
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 $139,750, ENGAGE IN
PRESUIT NEGOTIATIONS, AND OTHERWISE COMPLY WITH
SECTION 73.015 OF THE FLORIDA STATUTES IN AN EFFORT TO
ACQUIRE A PERMANENT EASEMENT ON PROPERTY HAVING
AN ADDRESS OF 202 SEABREEZE AVENUE, DELRAY BEACH,
THAT IS 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 Seabreeze Avenue, that abuts the southern boundary of the property located at 202
Seabreeze Avenue (the "Property"); and
WHEREAS, the City intends to construct and install a new expanded stornwater 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 on the property described in Exhibit "A" (the "Easement"), attached hereto and incorporated herein;
and
WHEREAS, if the Easement 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 Easement; 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 Easement, 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 Easement; and
WHEREAS, the owner must be given at least 30 days after either receipt of the notice of 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 Easement identified in the offer; and
CFN 20240170841
OR BK 35023 PG 490
Pg: 2 of 4
WHEREAS, the City Commission desires to authorize the City Manager to notify the owners of the
Property of the City's need for the Easement, provide the owners of the .Property a written offer of
compensation up to $139,750 to purchase the Easement, 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
Easement; 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 affinned 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 Easement, provide the owners of the Property a
written offer of compensation up to $139,750 to purchase the Easement, 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 Easement and to acquire the Easement 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 O—L4 2024.
ATTEST: ,
CrL, e.�t L
Kateni Johnson, City Clerk Mayor
Approve s fo and legal sufficiency:
mi , City Attorney
RES. NO.92-24
CFN 20240170841
OR BK 35023 PG 491
Pg: 3 of 4
LEGAL DESCRIPTION: PERMANENT EASEMENT PARCEL 1
A PARCEL OF LAND LYING WITHIN A PORTION OF LOT 24, OCEAN BREEZE ESTATES,
RECORDED 1N 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:
BEGIN AT THE SOUTHWEST CORNER OF LOT 24; THENCE NORTH 00'45'31 " WEST,
FOR 6.00 FEET; THENCE NORTH 89' 14 '29 " EAST, FOR 3.60 FEET; THENCE NORTH
00'45'31 " WEST, FOR 5.00 FEET; THENCE NORTH 89' 14'29" EAST, FOR 14.56 FEET;
THENCE SOUTH 00'45'31 " EAST, FOR 5.00 FEET; THENCE NORTH 89' 14 '29 " EAST,
FOR 62.40 FEET; THENCE SOUTH 00"45'33" EAST, FOR 6.00 FEET TO THE NORTH
RIGHT-OF-WAY LINE FOR THOMAS STREET AS SHOWN ON SAID PLAT, THENCE SOUTH
89'14'29" WEST ALONG SAID NORTH LINE, FOR 80.56 FEET TO THE POINT OF
BEGINNING.
SAID LANDS CONTAIN 556 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES:
1. DATA SHOWN HEREON WAS COMPILED FROM
OTHER INSTRUMENTS AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
2. THE BEARINGS SHOWN HEREON ARE BASED
ON THE NORTH RIGHT-OF-WAY LINE FOR
THOMAS STREET, PLAT BOOK 18, PAGE 36,
PALM BEACH COUNTY, FLORIDA, BEARING
SOUTH 89' 14 29 " WEST.
FOR THE FIRM: WGI
LEGEND:
DB
= Deed Book
ORB
= Official Records Back
PB
= Plat Book
PBCR
= Palm Beach County Records
PG.
= Page
R/W
- Right -of -Way
BY. --- �--_.... - _.......,. DATE. �00A.Ef ..
KELS'EY Irl1
PROFESSIONAL 5URI+EYDR AND MAPPER
FLORIDA LICENSE NO. 7096 NOT" A SURVEY -DESCRIPTION AND SKETCH ONLY
PROJECT: THOMAS STREET TASK:
PUMP STATION PERMANENT EASEMENT PARCEL. l
PREPARED 8Y.' CAD 617401_1:san1 1.C)WG
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DRAWN/DESIC;NED MRGr, _ ................... SHEET:
C}11 C KEfI/CSC: JS
2035 Vista Parkway. West Palm Beach, FL 3341 1 JOB NO. 6174.01 O�
Phone No, 866.909.2220 www.wginc.com _._.�.._.........................__......,........_.....---.--.._._....--.--...._......_...--
Cert No. 6091 - LB No. 7055 DAZE 01i11/22
CFN 20240170841
OR BK 35023 PG 492
Pg: 4 of 4
LOT 2.4_A
OCEAN BREEZE ESTATES
(PB 18, PG. 36, PBCR)
(DB 671, PG, 218)
NOO"45'31 "W
5.00"
N89' 14'29 "E
3.60'
NOO'45'31 "W
POINT OF BEGINNING
SOUTHWEST
CORNER LOT 24
15' LOT 23—A
OCEAN BREEZE ESTATES
(PB 18, PG. 36, PBCR)
(DB 671, PG. 218)
YACHT
BASIN
OCEAN BREEZE
ESTATES
(PB 18, PG.
36, PBCR)
(DB 552,
PG. 267)
(DB 671,
PG. 218)
(DB 964,
PG. 516)
N
c i : 20' A i
SC A'_'.' - 20
N89' 14'29 "E
14.56'
LOT 24
OCEAN BREEZE E.S7A?ES
(PB 18, PG. 36, PBCR)
(ORB 26890, PG. 390 & 393)
(ORB 28113, PG, 1493)
SOO'45'3I "E
5.00'
N89" 14'29 "E 62.40'
S89' 4'29V 80.56'
NORTH RIGHT—OF—WAY LINE
THOMAS STREET
(BASIS iOF BEARINGS)
1
THOMAS ST.
PB. 18, PG. 36
DB. 560, PG. 122
I —NORTH 5, 00' OF LOT 2.3
ADDITIONAL R/W
(DB 560, PG. 12.2, PBCR)
LOT 23
OCEAN BREEZE ESTATES
(PB 18, PG. 36, PBCfR)
(DB 560, PG. 122)
(ORB 30767, PG. 1036)
(ORB 31445, PG. 601)
")
oo
E'+
NOT A SURVEY —DESCRIPTION .AND SKETCH ONLY
PRE'-'r1",1: THOMAS STREET ' nSK'
PUMP STATION PERMANENT EASEMENT PARCEL 1
PREPARED BY CAD .41;k; ::..tai 1
l'Gl ... SHEET:
t+. ,:t.
, 2.
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366.4.13.222:� tirn .�..v; �.� .:.i..^t..............._........................ ...
c:.r rt 2
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No. 609 !N, t,so 7C55