Res 35-96 RESOLUTION NO. 35-96
A RESOLUTIfX~ OF THE CITY COMMISSIC~ OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ACQUISITIfX~ OF AN EASEMENT,
FOR THE PUBLIC pURPOSE OF CONSTRUCTING AN OUTF~?.T, INTO THE
INTRACOASTAL ~ATER~AY, FINDING THAT THE ACQUISITION OF AN
EASEMENT IS REASONABLY NECESSARY FOR THE IMP~ OF ITS
MUNICIPAL STORM~ATER NETWORK; PROVIDING THAT IN THE EVENT
EMINENT Df~kIN PROC~.~INGS ARE N~CESSARY, .THE CITY ATIDRNEY
IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS
IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE
CITY ATTORNEY IN THIS MATTER; PROV/DING AN EFFECTIVE DATE,
AND FOR OTHER PURIK~ES.
WHEREAS, the City Commission is concerned with drainage problems on
the Barrier Island and the construction of a Stormwater pump station and
assOCiated outfall would help alleviate drainage problems in low-lying areas
and to isolate the low-lying areas from tidal influence on the Barrier
Island; and
WHEREAS, the City Commission finds that the acquisition of an
easement of the hereinafter described property is needed to alleviate
drainage concerns in this area and is a public necessity add essential to the
interests of the residents of the City of Delray Beach, Florida; and
WHEREAS, in order to accomplish the acquisition of the needed
property, it is necessary for the City Manager and City Attorney to take
legal action and to employ real estate appraisers, experts in other
disciplines and private counsel to assist the City Attorney in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY (XN4MISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Cc~nfssion adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. That the City Attorney is authorized and directed to
employ real estate appraisers for the purpose of securing appraisals of the
value of the property hereinafter described for the purpose of acquiring said
easement.
Section 3. That the City Attorney is authorized and directed to
prOCeed to take all necessary steps, in¢l,,8~ng the hiring of appraisers,
accountants, and experts in other disciplines whom the City Attorney deems
are necessary for the adequate and complete representation of the City in
this matter, in order for the City of Delray Beach to ac~,~e in its own name
by donation, purchase or eminent dc~ain proceedings, an easement, more
particularly legally described as follows:
~ne South 6.00 feet of the North 12.00 feet of Lot 11,
Block 16, Seagate Section "A", according to the plat
thereof as recorded in Plat Book 20, Page 48, of the Public
Records of Palm Beach County, Florida.
The City Attorney is further authorized to have prepared in the name of the
City of De]may Beach all papers, pleadings and other instruments required for
that purpose and to see that all eminent domain proceedings are prosecuted to
judgment. The City Attorney is authorized to retain independent counsel in
this matter.
Section 4. That the City Attorney is hereby authorized and
d/rected to take such further actions as are reasoDahly required to fully
accomplish the purposes hereinabove described.
Section 5. That this resolution s~_a~l take effect /mmediately upon
passage.
PASSED AND ADOPTED in regular session on this the 16th day of
April, 1996.
ATI~ST:
Clerk/
- 2 - Res. No. 35-96
/-o? // ~.
S~TCH TO ACCOMP~ LEG~ DESC~ION
6' D~AGE EA~EME~
LOT 11, B~K 16
SEAGATE SE~ION UA~ (PLAT BOOK 20, PAGE ~)
LEGAL DESCRIPTION:
THE SOUTH 6.00 FEET OF THE NORTH 12.00 FEET OF LOT il, BLOCK 16, SEAGATE SECTION "A",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20 AT .PAGE 48 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAiD LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 948 SQUARE FEET MORE OR LESS.
CERTIFICATE:
1 HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE AND BELIEF, AND .MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND
SURVEYING IN THE STATE OF FLORIDA, AS SET FORTH IN CHAPTER 61Gi7-6, OF THE FLORIDA
ADMINISTRATIVE CODE, puRSuANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE FOR
PROF~!.O~AL LAND SURVEYOR
FLORIDA STATE REG. NO. 3550
MARCH :27, 1996
FILE: MSPUB~URVEY~EASAGE.PUB
NOTES:
I.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY
SURVEY ("THIS IS NOT A SURVEY").
SHEET I OF ~ SHEETS FILE NO. 96-14490-$Sl
.~. Palm Beach County
310 ~utheast Fire Stow. a, Suite Four
' Delray Beach, Florida 33483
(407) 243-8700
Heller - Weaver and Cato, inc. (4o7 2a,4
007) 732-2z8~ ?~am ~ch
Engineers ... Sur~yors ... Planners (z0~)~79-0~0 Brow~l
[lTV DF DELRAV BEIII:H
CITY ATTORNEY'S OFFICE ~'~' '~'~ ~'~ ~,v~. ~ ~, ,.o~^ ~
I:ACSIMILE 407,'278-4755 Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
April 10, 1996
~3 TO: City Commission
FROM: David N. Tolces, Assistant City Attome~
SUBJECT: Authorization to Commence Eminent Domain Proceedings
For Acquisition of an Easement from Lot 11, Block 16, Seagate Section "A"
As stated in the adjoining resolution, the acquisition of the easement through Lot 11, Block
16, is required in order to construct a stormwater pump station and associated piping for an
outfall into the Intracoastal Waterway. Passage of this resolution will authorize the City
Attorney to obtain title search, survey, and negotiate the purchase of the 6.00' easemem.
If the owner and the City are unable to agree on a purchase price, the City Attorney's office
will file eminent domain proceedings. Once the case is filed, it will take between 60-90 days
to obtain title to the property.
Please call if you have any questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
C. Danvers Beatty, City Engineer
seagate. Itt
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