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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 PR~¥AT[ HI(~H POINT T~RR FIRST s~cobW-rg ' POIN$~'TT1A 8LVO CORAl. T~ACE CORAL TRACE PLACe' A V~,~UE PALM TRAN SA TELL/TE- FA GILl TY ~ w ~$T ST I DELRA W I AWNING · N.W 2NO TEMPLE ~INAI ATt. A, SHAW TRUCKING CONGRESS SQUARE SCENARIO A-1 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;