Res. No. 93-24 (Recorded)CFN 20240170840
OR BK 35023 PG 484
RECORDED 5/16/2024 2:47 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 484 - 488; (5pgs)
RESOLUTION NO. 93-24
A RESOLUTION OF THE CITY COMMISSION OF T14E CITY OF ❑ELRAY
BEACH, FLORIDA, DECLARING THE ACQUISITION OF A PERMANENT
EASEMENT, DESIGNATED AS PARCEL 1, 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 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 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., designated as Parcel 1, on the property described in Exhibit "A", attached hereto and incorporated
herein; and
WHEREAS, the funds are available for the acquisition of the permanent easement designated as
Parcel 1; 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 Parcel 1, 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 "B", attached hereto and
incorporated herein; and
CFN 20240170840
OR BK 35023 PG 485
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WHEREAS, after considering the factors as set forth above, the City Commission has detennined
that the acquisition of the permanent easement designated as Parcel 1 on the property more fully described
in Exhibit "A", is 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 Parcel 1, are more fully described in Exhibit "B": and
WHEREAS, the construction limits shall not extend beyond the limits as outlined in Exhibit "A"; and
WHEREAS, the permanent easement on the property described in Exhibit "A" to be acquired through
Eminent Domain as authorized by this Resolution, is not being acquired for the purpose of abating or
eliminating public nuisances, slum, 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 Parcel 1, 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 deerns 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 Easement described in Exhibit "A" is to be used for the following public use and
purpose: a permanent 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 on the real property described in Exhibit "A", and prepare all
papers, pleadings, and other instruments required for that purpose, and to see that all Eminent Domain
Proceedings are prosecuted to judgment.
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 Exhibit "A", so long as the property does not change, that may be necessary to fully accomplish
those purposes.
RES. NO. 93-24
CFN 20240170840
OR BK 35023 PG 486
Pg: 3 of 5
Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED in regular session on the ',71-" day of "a , 2024.
ATTEST:
A:�L " 'i..
Katerri Johnson, .ity Clerk
Approved as to forin and legal sufficiency:
L n, ity Attorney
Mayor
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RES. NO. 93-24
CFN 20240170840
OR BK 35023 PG 487
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EXHIBIT "B"
THOMAS STREET STORMWATER PUMP STATION REPLACEMENT PROJECT
HEALTH/SAFETY
The City o#'Delray Beach (City) owns and operates the'fhomas 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 storrnwater
pump station which will be able to remove stormwater fi•orri Thomas Street and the surrounding area
in Delray Beach, 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 Thomas
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 casement is needed to perform construction. activities for the new
stormwater pump station and maintenance, as well as for potential future replacement activities. For
these reasons, there is virtually no flexibility as to the location of the permanent easement.
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 Levei 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. l'he original pump station was built in the 1970s 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 frequent outages in peak hurricane season. Finally,
the existing, pump station does not provide any water quality improvements to the stormwater prior
to discharge to the Intracoastal Waterway.
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CFN 20240170840
OR BK 35023 PG 488
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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 location 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 Thomas 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.
Follotiring is an explanation c?f'1he need.1br the acquisition r#f a certain easemen1 fior the Thomas'
Street Rorrnnti !ater Pump .Station Replacement Prgjecl:
ACQUISITION OF PERMANEN'r EASEMENT PARCEL 1
The permanent casement ("Permanent. Easement") designated as Parcel 1 is reasonably needed for the
following purposes and uses: to access a stormwater pump station and appurtenant facilities and
equipment (the "Equipment") located on property adjacent to Parcel 1 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 I for such purposes and uses. However, the Equipment shall not be located in the area
of Parcel l except temporarily during the activities described herein.
Although the owners of the property subject to Parcel 1, and their heirs, successors, and assigns'
(collectively, "Owners") activities shall not interfere with the City's use of Parcel 1, this Permanent
Easement shall be non-exclusive. City shall have the unrestricted right to remove or relocate any
improvements in the event the easement area is required in the future for equipment or personnel to
access the easement area for the purposes defined herein. This provision setting forth limitations and
obligations of City shall be a covenant running with the land.
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