Res 28-02RESOLUTION NO. 28432
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL
PROPERTY HEREINAFTER DESCRIBED FOR THE PURPOSES
OF THE CONSTRUCTION OF A NEW ATLANTIC HIGH
SCHOOL WITH RELATED AMENITIES AND FACILITIES;
DECLARING THAT THE ACQUISITION OF THE PROPERTY IS
NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE
HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN
PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74,
FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, in order to provide adequate public school facilities in the City of Delray Beach
and Palm Beach County, the City of Delray Beach and the School Board of Palm Beach County have
determined that it is necessary to construct a new public high school in the City of Delray Beach; and
WHEREAS, Section 166.411(11)., Florida Statutes, authorizes municipalities to exercise the
power of eminent domain for the public purpose of obtaining land to be conveyed by the municipality
to the School Board of the School District for the County within which the municipality is located, if
the School Board requests in writing that the municipality obtain such lands for conveyance to the
School Board and promises to use the land to establish a public school thereon; and
WHEREAS, the School Board of Palm Beach County, Florida and the City of Delray Beach,
entered into an Interlocal Agreement whereby the City of Delray Beach agreed to acquire the property
hereinafter described on attached Exhibit "A' for the construction of a new Atlantic High School and to
convey fee simple title to said property to the School Board; and
WHEREAS, pursuant to said Interlocal Agreement, the School Board of Palm Beach County
agreed to accept fee simple title to the lands described on Exhibit "A" and to construct a new Atlantic
High School on said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA THAT:
Section 1:
recitals.
The City Commission adopts and ratifies those matters set forth in the foregoing
Section 2: The City Commission hereby finds that it is necessary to acquire the lands
described on attached Exhibit "A' for the public purpose of the construction of a new Atlantic High
School in the City of Delray Beach. The City of Delray Beach shall acquire fee simple title to said lands
in its own name by donation, purchase, or eminent domain proceedings.
Section 3: The City Attorney or her designee, is hereby authorized and directed to proceed
to take all necessary steps, including the hiring of Vance & Doney, P.A. and other legal counsel,
appraisers, and experts in other disciplines, as necessary, for the City of Delray Beach to acquire said
property and the City Attorney, or her designee, shall prepare in the name of the City of Delray Beach
all papers, pleadings and other instruments required for that purpose, and to see that all eminent
domain proceedings are prosecuted to judgment pursuant to Chapters 73 and 74. Florida Statutes.
Section 4: The City Attorney and the City Manager are hereby authorized and directed to
take such other further actions as are reasonable required to fully accomplish the purposes hereinabove
directed.
Section 5~ This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this / ~ :~ day of~'~~'~
__,2002.
CITY OF DELRAY BEACH, FLORIDA
Mayor
Attest:
City Clerk
Res. No. 28-02
15:05
U~NCE & DONEY ~ 561 298 4?55
EXHIBIT "A"
All of the privately owned land~ located
within the REPLAT OF BREEZY RIDGE .ESTATES,
according to the plat thereof recorded in Plat
Book 24, page 116 of the P~blic Records of
Palm Beach County, Florida, including but not
limited to the following proper=les:
Lots $, 6, 7, 8, 9, 10, 11, 12, 13, 14,. 15,
16, 17, 18, 19, 20, 21, 35, 36, 37, 38, 39,
40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
51, $2, 53 and 54 P. EPLAT OF BREEZY RIDGE
ESTATES (Plat Book 24 page 116) ..
A PORTION OF PLAT OF TEMPLE SINAI of Palm
Beach County as recorded in Plat Book 46, Page
53, being more particularly described as
follows:
BEGINNING at the intersection of the South
Right-of-Way line of N.W. 2nd Street and the
East line of the above-mentioned Plat; thence
South along said East line a distance of
100.00 feet; thence S 30o27'30', W along the
East line of said Plat a distance of 118.36
feet; thence N 12o56'38" W a distance of 89.30
feet; thence North a distance of 66.01 feet to
an intersection with a curve to the left;
thence Easterly and Northeasterly a distance
of 72.09 feet along the arc of sai~ curve
havin9 a radius of $0,00 feet and a central
angle o£ 82"36'44" to a point of reverse
curve; =hence Northeasterly a distance of
29.77 feet, along the arc of said curve having
a radius of 24.00 feet and a central angle of
71°04'31", to the POINT OF BEGINNING.
The following lands located in Section 18, Township 46
Sou~h, Range 43E, Palm Beach County, Florida, to wit:
Parcel 1~7
The Easterly six hundred feet (600.0') of the
North one hundred feet (100.0') of that p~rt
of the South half (S 1/2) of the Northwest
one-quarter (NW 1/4) of =he Southwest one-
quarter (SW 1/4) of the Northeast half (NE
1/2) of Section 18, Township 46 South. Ra/~ge
43 East, lying West of and adjacent to the
Westerly right-of-way line of Davis Road.
0,1/19/0,?. TL~ 14:,18 [T.X./R,X. NO 95?'4]
The East six hundred feet ($00.0') of the
North eighty feet (80.0') of the South one
hundred feet (100.0') of the North two hundred
feet (200.0') of that part of the South three-
quarters (S 3/4) of the West half (W 1/2) of
the Southwest one-quarter (SW 1/4) of the
Northeast one-quarter (NE 1/4) of Section 18,
Township 46 South, Range 43 East, lying wes=
of and a~jacen= =o =he Westerly right-of-way
line of Davis Road.
A parcel of land in Section lB, Township 46
South, Range 43 East, Palm Beach County,
Florida, more particularly described as
follows:
Commence at the Southeast corner of Lot 1,
Block 1, Sudan-Unit A according =o the Plat
thereof as recorded in Plat Book 28, page 144
of the Public Records of Palm Beach County,
Florida: Thence S. 89~45'41" E., along the
easterly extension of =he south line of said
Lot 1, Block 1, Sudan-Unit A, a distance of
40.34 feet; thence S. 10°57'12" W., a distance
of 348.21 feet to the point of the beginning;
thence S. 11o13'31'. W., a distance of 183.44
feet; thence S. 89053'33'. E., a distance of
16.29 feet; thence N- 11o13'31.' E.0 a distance
of 183.44 feet; thence N. 89~S3'33" W., a
distance of 16.29 fee= ko the point of
beginning.
A parcel of land in Section 18, Township 46
Sou=h, Range 43 East Palm Beach County,
Florida more particularly described as
follows:
Commence at the Southeast corner of Lot 1,
Block 1, Sudan-Unit A, according to the Pla=
thereof as recorded in Pla= Book 28, page 144
of the Public Records of Palm Beach County,
Florida; thence S. 89e45'41" E., along the
easterl~ projection of the South line of said
Lot 1, Block 1, Sudan-Unit A, a distance of
72.02 fee=; thence S. 11~S4'42" W., a distance
of 349.34 fee= to the South line of the North
Quarter (N. 1/4) oZ =he Southwest Quarter
(S.W. 1/4) of the Northeas~ Quarter {N.E. 1/4)
of said Section 18 an~ the point of beginning;
thence N. 89°53'3~" W., a distance of 12.31
fee: to a point on & line 24.00 feet Wee= of
and parallel to the top of bank of Lake Worth
O3/19/OZ TUE 14:38 [TX/RX N0-9574]
Drainage District Canal E-4; thence S.
10o50'53" W., along said parallel line, a
distance of 3 ~5 feet; thence S. 10°20'53'' W.,
along said parallel line, a distance of 91.48
feet; thence S. 11o31'52. W., along said
parallel line, a distance of 74.79 feet;
thence S. 12°40'08" W., along said parallel
line, a distance of 14.01 feet; thence S.
89053'33" E., a distance of 24.59 feet to a
point on the top of bank of the Lake Worth
Drainage District Canal E-4; thence N.
12°40'08" E., along the said top of bank, a
dis=ante of 8.90 feet; =hence N. 11031'52" E.,
along said top of bank, a distance of 75.27
feet~ thence N. 10a20'53" E.0 along said top
of bank a distance of 91.62 feet; thence N.
10°50'53'' E., along said top of bank, a
distance of 7.50 feet to a point in the South
line of the North Quarter (N. 1/4) of =he
Southwest Quarter (S.w. 1/4) of the Northeast
Quarter (N.E. 1/4) o~ said Section 18~ thence
N. Bg°S3'33" W., along said South line, a
distance of 12.12 feet to the point of
beginning.
Parcel 312
The west 100 feet of the South 145 feet of =he
East 132 feet of the North one-half of the
Northeast one-quarter of the Southeast one-
quarter of the Northwest one-quarter, Section
18, Township 46 South, Range 43 East.
The East 92 feet of the South 14S ~eet of'the
East 132 .feet of the North one-half of the
Northeast one-quarter of the Southeast one-
quarter of the Northwest one-quarter and the
West 68 feet of the South 145 feet of the West
222 feet of that part of the North one-quarter
of the Southwest one-quarter of the Northeast
one-quarter West of E-4 Canal, all in Section
lB, Township 46 South, Range 43 ~ast.
The East 109 feet of the West 177 feet of the
South 150 feet of that part of the North
quarter (1/4) of the Southwest quarter (S.W.
1/4) of the Northeast quarter (N.E. 1/4) of
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida, lying west of E-4
Canal.
03/19/02 TUE 14:38 [TX/RX ~0 §574]
The East 125 feet o£ the West 302 feet of the
South 150 feet of the North Quarter, of the
Southwest Quarter of the Northeast Quarter of
Section 18, Township %$ South, Range 43 East,
Palm Beach County, Florida.
The South 150 feet of Chat part of the North
one quarter (N 1/4) of the Southwest. quarter
(SW 1/4) of the Northeast quarter (N.E. 1/%)
of Section 18, Township 46 South, Range 43
East, Palm Beach County, Florida,' lying West
of the Wes~ right of way line of the Lake
Worth Drainage District E-% Canal, less the
West 302 feet thereof and also less the East
%0 feet thereof conveyed to the City of D~lray
Beach for right of way of Davis Road in
Official Record Book lS85, page 83, Public
Records of Palm Beach County, Florida.
Parcel
The West 100 feet of the North 158 feet of the
East 132 feet of the North one-half of the
Northeast one-quarter of the Southeast one-
quarter of the Northwest one-quarter of
Section 18, Township 46 South, Range 43 East,
Public Records of Palm Beach County, Florida.
Parcel ~09
That part of Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida,
described as follows:
The East 132 feet of the North half (N 1/2) of
the Northeast Quarter (N.~. 1/4) of the
Southeast Quarter (S.E. 1/4) of the Northwest
Quarter (N.W. 1/%) of said Section 18, less
the South 145 feet thereo~ and less tb~ North
158 feet of the West 100 Feet thereof;
The Wept 177 feet of the North Quarter (N 1/4)
of the Southwest Quarter (S.W. 1/4) of the
Northeast Quarter (N.E. 1/%) of said Section
18, less the South 145 feet of the Wes= 68
feet thereof.
03/19/02 TUE 14:38 [TX/RI ~0 §574]
All that part of the North Quarter of the
Southwest Ouarter of the Northeast ~uarter of
Section lS, Township 46 South, Range 4] East,
Palm Beach County, Florida, lying West of =hat
certain road right-of-way described in
Official Record Book 1585 on page 84, Palm
Beach County Public Records, LESS the South
150.00 feet and the West 177.00 feet thereof;
Ali that part of the North ~uarter {N'1/4) of
the Southwest Quarter (SW 1/4) of the
Northeast Quarter (NE 1/4) LESS the West 302
feet of the South 150 feet of the North
Quarter {N 1/4) of the Southwest Quarter (SW
1/4) of the Northeast Quarter (NE 1/4), and
LESS the West 177 fee= of the North Qua==er (N
1/4) of the Southwest Ouar~er (SW 1/4) of =he
Northeast Quarter (NE 1/4) LESS the South 150
feet of Section 18, Township 46 South. Range
43 East, Palm Beach County, Florida, lying
West of =he Top of the west Bank of =he Lake
Worth Drainage District Equalizer No. 4 Canal,
herein described as follows:
Commence at 2he Southeast corner .of Lot 1,
Block 1, SUDAN-UNIT A, according ~o the Plat
thereof as recorded in Plat Book 2~, ~age !44
of the Public Records of Palm Beach County,
Florida:
Thence S 89'45'41" East, along the Eas~erl~
pro~ection of the South line of said Lot 1,
Block 1, SUDAN-UNIT A. a distance of 78
to the Point of Beginning, being a point on
the aforesaid Top of Bank of =he Lake Worth
Drainage District Equalizer No. 4 Canal;
thence S 10036'44" West, a distance of 116.41
fee=; ..
thence S 10~]4'40" West, a distance of 85.91
feet;
thence S 11°S4'42# West. a distance o~ 72.47
fee=;
thence S 10~S0'53'' West, a distance of 73.31
feet to the terminus of the said Top of Bank
herein described.
03/19/02 TU~ 14:3,6 [TX/R][ NO "9574J
[IT¥ OF OELRI1¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
March 15, 2002
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Resolution 28-02 Regarding
Acquisitions
Writer's Direct L~ne' 561/243-7091
the Atlantic High School Lands
City Ordinance Section 36.04 requires a resolution to be passed to acquire
property by gift, purchase or by eminent domain. We are pursuing the voluntary
acquisition of properties shown on the map and listed in the resolution. However,
we need to provide for the unlikely eminent domain approach as a backup, if it
becomes absolutely necessary in order to meet the timeline in the interlocal
agreement with the School Board.
Exhibit A with the legal descriptions is being refined and may change prior to the
meeting.
Please call if you have any questions.
Please place this Resolution on the March 19, 2002 agenda.
Attachment
cc: Barbara Garito, City Clerk
HIGH POINT COURT
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RESO~UTI'ON NO. 28-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING.AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE
TO CERTAIN REALPROPERTY HEREINAFTER DESCRIBED
FOR THE PURPOSES OF THE CONSTRUCTION OF A NEW
ATLANTIC HIGH SC7400L WITH RELATED AMENITIES
AND FACILITIES; DECLARING THAT THE ACQUISITION
OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSE; AUTHORIZING THE HIRING OF LEGAL
COUNSEL, APPRAISERS, AND EXPERTS IN OTHER
DISCIPLINES AND THE FILING OF EMINENT DOMAIN
PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 7%.
FLORIDA ~TATUTES; PROVIDING ANEFFECTIVEDATE;
AND FOR OTHER PURPOSES.
WHEREAS, in order to provide adequate public school
facilities in the City of Delray Beach and Palm Beach County, the
City of Delray Beach and the School BOard of Palm Beach County have
determined that it is necessary to construct a new public high
school in the City of Delray Beach; and
WHEREAS, Section 166.{11(11)., Florida S_tatutes,
authorizes municipalities to exercise the power of eminent domain
for the public purpose of obtaining land to be ~onveyed by the
municipality to the School Board of the School District for the
County within which the municipality is located, if the School
Board requests in writing that the municipality obtain such lands
for conveyance to the School Board and promises to use the land to
establish a public school thereon; and
W~EREAS, the School Board of Palm Beach County, Florida
and the City of Delray Beach, entered into an Interlocal Agreement
whereby the City of Delray Beach agreed to acquire the property
hereinafter described on attached Exhibit "A" for the construction
of a new Atlantic High School and to convey fee simple title to
said property to the School Board; and
WHEREAS, pursuant to said Interlocal Agreement. the
School Board of Palm Beach County agreed to accept fee simple title
to the lands described on Exhibit "A" and to construct a new
Atlantic High School on said property.
NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACh, FLORIDA THAT:
Section 1:. The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2: The City Commission hereby finds that it is
necessary to acquire the lands described on attached Exhibit "A"
for the public purpose of the construction of a new Atlantic High
School in the City of Delray Beach. The City of Delray Beach shall
acquire fee simple title to said lands in its own name by donation,
purchase, or eminent domain proceedings.
$~ctio~ 3: The City Attorney or her designee, is hereby
authorized and directed to proceed to take all necessaz-f steps,
including the hiring of Vance & boney, P.A. ~nd other legal
counsel, appraisers,' and experts in other disciplines, as
necessary, for the City of Delray Beach to acquire said property
and the City Attorney, or her designee, shall prepare in the name
of the City of Delray Beach all papers, pleadings and other
instruments required for that purpose, and to see that all eminent
domain proceedings are prosecuted to judgment pursuant to Chapters
73 and 74, F!orida Statutes.
Sect.%~n 4...: The city Attorney and the City Manager are
hereby authorized and directed to take such other further actions
as are reasonably required to fully accomplish the purposes
hereinabove directed.
Sec%%on 5:
upon passage.
PASSED AND ADOPTED this
2002.
This Resolution shall take effect immediately
day of
CITY OF DELRAY BEACH, FLORIDA
Mayor
Attest:
City Clerk
3
EXH. I.B IT "A"
All of the privately owned lands located
within the REPLAT OF BREEZY RIDGE .ESTATES,
according to the plat thereof recorded in Plat
Book 24, page 116 of the Public Records of
Palm Beach County, Florida, including but not
limited to the following properties:
Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16. 17, 18, 19, 20, 21, 35, 36, 37,. 38, 39,
40, 41, 42, 43, 44. 45, 46, 47, 48, 49, 50,
51, 52, 53 and 54 REPLAT OF BREEZY RIDGE
ESTATES (Plat Book 24 page 116)
A PORTION OF PLAT OF TEMPLE SINAI of Palm
Beach County as recorded in Plat Book 46, Page
53, being more particularly described as
follows:
BEGINNING at the intersection of the South
Right-of-Way line of N.W. 2nd Street and the
East line of the above-mentioned Plat; thence
South along said East line a distance of
100.00 feet; thence S 30o27'30" W along the
East line of said Plat a distance of 118.36
feet; thence N 12°56'38'' W a distance of 89.30
feet; thence North a distance of 66.01 feet to
an intersection with a curve to the left;
thence Easterly and Northeasterly a distance
of 72.09 feet along the arc of said curve
having a radius of 50.00 feet and a central
angle of 82o36'44'' to a point of reverse
curve; thence Northeasterly a distance of
29.77 feet, along the arc of said curve having
a radius of 24.00 feet and a central angle of
71~04'31'', to the POINT OF BEGINNING.
The following lands located in Section 18, Township
South, Range 43E. Palm Beach County, Florida, to wit:
~arcel..197
The Easterly six hundred feet (600.0') of the
North one hundred feet (100.0') of that part
of the South half (S 1/2) of the Nor~k~west
one-quarter (NW 1/4) of the SouthwesU one-
quarter (SW 1/4) of the Northeast half (NE
1/2) of Section 18, Township 46 South, Range
43 East, lying West of and adjacent to the
Westerly right-of-way line of Davis Road.
The East six hundred feet (600.0') of the
North eighty feet (80.0') of the South one
hundred feet (100.0') of the North two hundred
feet (200.0') of that part of the South three-
quarters (S 3/4) of the West half (W 1/2) of
the SouthWest one-quarter (SW 1/4) of the
Northeast one-quarter (NE 1/4) of Section 18,
Township 46 South, Range 43 East, lying west
of and adjacent to the westerly right-of-way
line of Davis Road.
Parcel 312
The west 100 feet of the South 145 ~eet of the
East 132 feet of the North one-half of the
Northeast one-quarter of the Southeast one-
quarter of the Northwest one-quarter, Section
18, Tow~lship 46 South. Range 43 East.
Parcel 310
The East 32 feet of the South 145 feet of the
East 132 feet of the North one-half of the
Northeast one-quarter of the Southeast one-
quarter of the Northwest one-quarter and the
West 68 feet of the South 145 feet of the West
222 feet of that part of the North one-quarter
of the Southwest one-quarter of the Northeast
one-quarter West of E-4 Canal, all in Section
18, Township 46 South, Range 43 East.
Parcel
The East 109 feet of the West 177 feet of the
South 150 feet of that part of the North
quarter (1/4) of the Southwest quarter (S.W.
1/4) of the Northeast quarter (N.~. 1/4) of
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida, lying west of E-4
Canal.
~arc4~l 127
The East 125 feet of the West 302 feet of the
South 150 feet of the North Quarter, of the
Southwest Quarter of the Northeast Quarter of
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida.
Parcel 12~
The South 150 feet of that part of ~he North
one quarter (N 1/4) of the Southwest quarter
(SW 1/4) of the Northeast quarter (N.E.
of Section 18, Township 46 South, Range 43
East, Palm Beach County, Florida. lying West
of the west right of way line of the Lake
Worth Drainage District E-4 Canal, les~ the
West 302 feet thereof and also less the
40 feet thereof conveyed to the City of Delray
Beach for right of way of Davis Road in
Official Record Book 158S, page 83, Public
Records of Palm Beach County, Florida.
Parcel 311
The West 100 feet of the North 158 feet of the
East 132 feet of the North one-half of T. he
Northeast one-quarter of the Southeast one-
quarter of the Northwest one-quarter of
Section 18, Township 46 South, Range %3 East,
Public Records of Palm Beach County, Florida.
Parcel 309
That part of Section lS, Township 45 South,
Range 43 East, Palm Beach County, Florida,
described as follows:
The East 132 feet of the North half (N 1/2) of
the Northeast Quarter (N.E. 1/4) of the
Southeast Quarter (S.E. 1/4) of the Northwest
Quarter (N.W. 1/4) of said Section 18, less
the South 145 feet thereof and less the North
158 feet of the West 100 Feet thereof;
and
The West 177 feet of the North Quaz~cer (N 1/4)
of the Southwest Quarter (S.W. 1/4) of the
Northeast Quarter (N.E. 1/~) of said Section
18, less the South 14S feet of the west 68
feet thereof.
Rarce% 126.
All that. part of the North Quarter of the
Southwest Quarter of the Northeast Qua~tem of
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida, lying West of that
certain road right-of-way describe~ in
Official Recor~ Book 1~85 on page 8%, Palm
Beach County Public Records, L~S the South
150.00 feet and the West 17~.00 feet thereof;