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Res 49-02RESOLUTION NO. 49-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIM-PI,F, TITI,F, TO CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED FOR THE PURPOSES OF THE CONSTRUCTION OF A NEW ATLANTIC HIGH SCHOOL WITH RFJ.ATED 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, on March 19, 2002, the City Commission duly adopted Resolution No. 28-02 finding a necessity and public purpose for the acquisition of certain real property by gift, purchase or eminent domain for the public purpose of the construction of a new Atlantic High School; and WHEREAS, since March 19, 2002, the City of Delray Beach has been successful in negotiating purchases of a large number of the properties identified in Resolution No. 28-02; and WHEREAS, since March 19, 2002, the City has obtained surveys of the subject properties which confirm or more dearly set forth the legal descrpfions of the properties identified in Resolution No. 28-02; and WHERF~S, 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 munidpalities 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 WHERF_~S, pursuant to said Interlocal Agreement, the School Board of Palm Beach County agreed to accept fee simple tide 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 DFJ.RAY BEACH, FLORIDA THAT: Section 1: The City Commission adopts and ratifies those matters set forth in the foregoing redtals. 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 Attomey 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 reasonably required to fully accomplish the purposes hereinabove directed. Section 5: This Resolution shall take effect immediately upon passage. RES. NO. 49-02 PASSED AND ADOPTED this ~ day of ~ ,2002. City Clerk CITY OF DF, I.RAY BEACH, FLORIDA MAYOR RES. NO. 49-02 EXHIBIT "A" Parcel 8BR Lot 8, 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 Parcel 20BR Lot 20, 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. Parcel 41 BR Lot 41, 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. Parcel 53 BR Lot 53, 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. The following lands located in Section 18, Township 46 South, Range 43E, Palm Beach County, Florida, to wit: Parcel 1470 A parcel of land in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: COMMENCE at the southeast comer of Lot 1, Block 1 of SUDAN-UNIT A, according to the map or plat thereof as recorded in Plat Book 28 at Page 144 of the Public Records of Palm Beach County and mn S89°45'41"E, 47.52 feet; then mn Sl1°54'42"W, 349.37 feet to the POINT OF 1 RES. NO. 49-02 BEGINNING; from said POINT OF BEGINNING continue S11°54'42"W, 204.25 feet; then nm N89°55'27"W, 597.88 feet; then nm N00°04'33"E, 200.33 feet; then nm S89°53'11"E, 639.78 feet to the POINT OF BEGINNING. A parcel of land in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the Southeast comer of Lot 1, Block 1, Sudan-Unit A according to 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 the 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. 11°13'31'' W., a distance of 183.44 feet; thence S. 89°53'33'' E., a distance of 16.29 feet; thence N. 11°13'31'' E., a distance of 183.44 feet; thence N. 89°53'33" W., a distance of 16.29 feet to the point of beginning. A parcel of land in Section 18, Township 46 South, Range 43 East Palm Beach County, Florida more particularly described as follows: Commence at the Southeast comer of Lot 1, Block 1, Sudan-Unit A, according to 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 projection of the South line of said Lot 1, Block 1, Sudan-Unit A, a distance of 72.02 feet; thence S. 1 l°54'42'' W., a distance of 349.34 feet to the South line of the North Quarter (N. 1/4) of the Southwest Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section 18 and the point of beginning; thence N. 89°53'33'' W., a distance of 12.31 feet to a point on a line 24.00 feet West of and parallel to the top of bank of Lake Worth Drainage District Canal E-4; thence S. 10°50'53" W., along said parallel line, a distance of 3.05 feet; thence S. 10o20'53'' 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; 2 RES. NO. 49-02 thence S. 12°40'08'' W., along said parallel line, a distance of 14.01 feet; thence S. 89o53'33'' 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. 12o40'08'' E., along the said top of bank, a distance of 8.90 feet; thence N. 1 l°31'52'' E., along said top of bank, a distance of 75.27 feet; thence N. 10o20'53'' E., 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 the Southwest Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section 18; thence N. 89°53'33'' W., along said South line, a distance of 12.12 feet to the point of beginning. Parcel 3120 The west 100 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, Section 18, Township 46 South, Range 43 East. Parcel 3100 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 1490 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. Parcel 1270 3 RES. NO. 49-02 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 3090 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.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; TOGETHER WITH the West 177 feet of the North Quarter (bi 1/4) of the Southwest Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section 18, less the South 145 feet of the West 68 feet thereof. ALSO LESS the East 109 feet of the West 177 feet of the South 150 feet of that part of the N ¼ of the Southwest ¼ of the Northeast ¼ of Section 18, Township 46 South, Range 43 East, lying west of the E- 4 Canal. 4 RES. NO. 49-02 CITY OF DELRrI¥ BErlI:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: June 4, 2002 MEMORANDUM TO: City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution 49-02 and Resolution 50-02 The City previously adopted Resolution 28-02 authorizing the use of eminent domain for the acquisition of certain properties for the new Atlantic High School site. Resolution 49-02 is a new resolution substituting for Resolution 28-02. Resolution 49-02 narrows the properties that will be subject to eminent domain and provides for updated legal descriptions. Resolution 49-02 is before you for approval. Also before you for approval is Resolution 50-02. In conformance with the pre-suit requirements of the Florida Statutes, the City is to make a written offer meeting all requirements of Fla. Stat. ~ 73.015 prior to commencement of eminent domain proceedings. Resolution 50-02 authorizes the written offers per Statute. Once approved by the City Commission, letters will be sent to the appropriate persons communicating the written offer. The offers are thirty percent over appraised value. The properties are shown in cross hatching on the attached map. The attached updated resolutions replace the resolutions previously provided to you. Please call if you have any questions. SAR:smk Attachments cc: Barbara Garito, City Clerk CORAL TRACE il>= L WD D / 09 AC / -R A -0 7 37AC NW IST ®' Rev. 6/4/02 RESOLUTION NO. 49-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED FOR THE PURPOSES OF THE CONSTRUCTION OF A NEW ATLANTIC HIGH SCHOOL WITH RELATED AMEN[TIES 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 EFFECTWE DATE; AND FOR OTHER PURPOSES. WHEREAS, on March 19, 2002, the City Commission duly adopted Resolution No. 28-02 finding a necessity and public purpose for the acquisition of certain real property by gift, purchase or eminent domain for the public purpose of the construction of a new Atlantic High School; and WHEREAS, since March 19, 2002, the City of Delray Beach has been successful in negotiating purchases of a large number of the properties identified in Resolution No. 28-02; and WHEREAS, since March 19, 2002, the City has obtained surveys of the subject properties which confirm or more clearly set forth the legal descriptions of the properties identified in Resolution No. 28-02; and 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 Defray Beach; and WHEREAS, Section 166.4ll(ll)., 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 Detray Beach, entered into an [nterlocal 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: 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. 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 Dekay 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 reasonably 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 DELR.AY BEACH, FLORIDA Mayor Attest: City Clerk EXHIBIT "A" Parcel 8BR Lot 8, 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 Parcel 20BR Lot 20, 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. Parcel 41 BR Lot 41, 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. Parcel 53 BR Lot 53, 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. The following lands located in Section 18, Township 46 South, Range 43E, Palm Beach County, Florida, to wit: Parcel 1470 A parcel of land in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: COMMENCE at the southeast comer of Lot 1, Block 1 of SUDAN-UNIT A, according to the map or plat thereof as recorded in Plat Book 28 at Page 144 of the Public Records of Palm Beach County and mn S89°45'41"E, 47.52 feet; then mn S11°54'42"W, 349.37 feet to the POINT OF BEGINNING; from said POINT OF BEGINNING continue S11°54'42"W, 204.25 feet; then mn N89°55'27"W, 597.88 feet; then mn N00°04'33"E, 200.33 feet; then mn S89°53'11"E, 639.78 feet to the POINT OF BEGINNING. A parcel of land in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: o Commence at the Southeast comer of Lot 1, Block l, Sudan-Unit A according to 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 the south line of said Lot l, 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. 11°13'31'' W., a distance of 183.44 feet; thence S. 89053'33'' E., a distance of 16.29 feet; thence N. 11 o 13'31" E., a distance of 183.44 feet; thence N. 89053'33'' W., a distance of 16.29 feet to the point of beginning. A parcel of land in Section 18, Township 46 South, Range 43 East Palm Beach County, Florida more particularly described as follows: Commence at the Southeast comer of Lot 1, Block 1, Sudan-Unit A, according to 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 projection of the South line of said Lot l, Block 1, Sudan-Unit A, a distance of 72.02 feet; thence S. 11054'42'' W., a distance of 349.34 feet to the South line of the North Quarter (lq. 1/4) of the Southwest Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section 18 and the point of beginning; thence N. 89053'33'' W., a distance of 12.31 feet to a point on a line 24.00 feet West of and parallel to the top of bank of Lake Worth Drainage District Canal E-4; thence S. 10o50'53'' W., along said parallel line, a distance of 3.05 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. 12o40'08.. W., along said parallel line, a distance of 14.01 feet; thence S. 89o53'33'. 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. 12o40'08'' E., along the said top of bank, a distance of 8.90 feet; thence N. 1 l°31'52'' E., along said top of bank, a distance of 75.27 feet; thence N. 10°20'53" E., 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 the Southwest Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section 18; thence N. 89o53'33'' W., along said South line, a distance of 12.12 feet to the point of beginning. Parcel 3120 The west 100 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, Section 18, Township 46 South, Range 43 East. Parcel 3100 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 1490 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. Parcel 1270 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 3090 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 (lq 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; TOGETHER WITH the West 177 feet of the North Quarter (N 1/4) of the Southwest Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section 18, less the South 145 feet of the West 68 feet thereof. ALSO LESS the East 109 feet of the West 177 feet of the South 150 feet of that part of the N ¼ of the Southwest ¼ of the Northeast aA of Section 18, Township 46 South, Range 43 East, lying west of the E-4 Canal.