Res. No. 148-24 (Recorded)CFN 20240247481
OR BK 35151 PG 105
RECORDED 7/18/2024 4:09 PM
Palm Beach County, Florida
Joseph Abruzzo, Clerk
Pgs: 105 - I 11; (7pgs)
RESOLUTION NO. 148-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
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 RfGHT-OF-WAY
LYING WEST OF SEABREEZE AVENUE TO BE FOR A PUBLICUSE 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 storinwater 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 ofSeabreeze Avenue, that abuts the southern boundary of the property located at-102
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 Projea 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 casement 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 amencled; and
WHEREAS, in determining to proceed with the construction and improvement of the Project, and
detennining 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 11", attached hereto and
incorporated herein: and
CFN 20240247481
OR BK 35151 PG 106
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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 desh-mated as Parcel I on the property more fully described
in Exhibit "A", is necessary for the construction and improvement of the Project., and is 1,101' 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" F3"; and
WHEREAS, the construction limits shall not extend beyond the [it -nits as outlined in Exhibit "A", and
WHEREAS, the permanent easement on the h4-1
property described in Exhibit "A" to be acquired through
1
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 nlay 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 deems approval of this Resolution to be in the best interest of the
health, safety, and welfare or the residents and citizens of the City of Delray Beach and the public at large.
NOW, T14EREFORE, BE IT RESOLVED BYTI-lE CITY COMMISSION OFTHE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foreg ,oing recitals are hereby affirmed and ratified.
Section 21. The Easement described in Exhibit '`A'" is to be used for the following public Use and
purpose: a pen-narient 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.
IZES. NO3 148-24
CFN 20240247481
OR BK 35151 PG 107
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Section 5. . This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED in regular se
ATTEST-
Katerri Johnson,<,-ity Clerk
Approved n fo i and legal sufficiency:
Ly el City Attorney
SE2"
[tES, NO148-24
CFN 20240247481
Exhibit ® "A"
LEGAL DESCRIPTION : PERMANENT EASEMENT PARCEL 1
Pg: 4 of 7
A PARCEL OF LAND LYING WITHIN A PORTION OF LOT 24, 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:
BEGIN AT THE SOUTHWEST CORNET? OF LOT 24; THENCE NORTH 00'4531 " 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 74.56 FEET,•
THENCE SOUTH 00'4531 " EAST, FOR 5.00 FEET- THENCE NORTH 89'14'29" EAST,
FOR 62.40 FEET; THENCE SOUTH 00-4533" 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 BENCH COUNTY, FLORIDA, BEARING
SOUTH 89"14 29" WEST.
FOR H FIRM: WGl
BY, __-_�® CRATE.'
10ELSE]' ITl1
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO, 7096
PROJECT: THOMAS STREET
PUMP STATION
PREPARED BY.'
1®, WG1,1111
2035 Vista Parkway. West Palm Beach, FL 33411
Phone No. 866.909.2220 www.wginc.com
Cert No. 6091 - LB No. 7055
i Fr;FNn.
DB
= Deem Book
ORB
= Official Records Book
PB
= Plot Book
PBCR
= Palm Beach County Records
PG.
^ Page
R/W
= Right -of -Way
NOT A SURVEY -DESCRIPTION AND SKETCH ONLY
TASK:
PERMANENT EASEMENT PARCEL 1
CAC] 617401_ESMT I.DWG
DRAWN/DESIGNED MRG SHEET:
CHECKED/QC is
JOB NO. 6174D1 I Of L
DATE 0111 1122
CFN 20240247481
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LOT 24-A
OCEAN BREEZE ESTATES
(PB 18, PG. 36. PBCR)
(DB 671, PG. 218)
N00@45`31 V
5.00"
N89@14'2.9"E
J-60 *
NOO*45 "J I V
6.00'
POINT OF BEGINNING
SOUTHWEST
CORNER LOT 24
15' LOT 23-A
OCEAN BREEZE ESTATES
(PB 18, PG. 36, PBCR)
(DB 671, PG. 218) _
0 10 20 40
SCALE: I" ® 20'
LOT 24
OCEAN BREEZE ESTATES
(PB 18, PC. 36, PBCR)
(ORB 26890, PC. 390 & 393)
(ORB 28113, PG. 1493)
I
�N89*' 4' 9 IE SOO*45'3 I NE
14 .56 5.00'
1 r N8901429 "E 62.40
S89014'29V 80.56'
NORTH RIGHT-OF-WAY LINE THOMAS ST.
THOMAS STREET PB. 18, PG. 36
(BASIS OF BEARINGS) DB. 560, PG. 122
L-NORTH 6, 00' OF LOT 2J
ADDITIONAL RIW
(DR 560, PG. 122, PBCR)
YACHT BASIN LOT 23
OCEAN BREEZE ESTATES OCEAN BREEZE ESTATES
(PB 18, PG. 36, P13CR) (PB 1B, PG. 36, PBCR)
(DB 552, PG. 267) I (DB 560, PG. 122)
(DB 671, PG. 218) 4 (ORB 30767, PG. 1036)
(DB 964, PG. 516) (ORB 31445, PG. 801)
I
NOT A SURVEY —DESCRIPTION AND SKETCH ONLY
PROJECT; THOMAS STREET TASK:
C)
PUMP STATION PERMANENT EASEMENT PARCEL 1
PREPARED BY- CAD 617401ESMT I.DWG
'F Irr.7 DRAWN/DESIGNED MRG SHEET:
[ CHECKED/QC is__ I
2035 Vista Parkway, West Palm Beach, FL 33411 JOB NO. 6174.01
Phone No. 866.909.2220 www.wginc.corn 2 of 2
DATE 01/11/22
Cert No. 6091 - LB No, 7055 1
CFN 20240247481
OR BK 35151 PG 110
Pg: 6 of 7
#- ;
.:� - e
THOMAS STREET STORMWATER PUMP STATION REPLACEMENT PROJECT
HEALTH/SAFETY
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 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 easement 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 Level 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 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 20240247481
OR BK 35151 PG 111
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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.
Following is an explanation of the need for the acquisition of a certain easement for the Thomas
Street Stormwater Pump Station Replacement Project:
ACQUISITION OF PERMANENT EASEMENT PARCEL 1
The permanent easement ("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 1 for such purposes and uses. However, the Equipment shall not be located in the area
of Parcel 1 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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