Res 34-94 RESOLUTION NO. 34-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
OF CERTAIN REAL PROPERTY, AS MORE PARTICULARLY
DESCRIBED HEREIN, FOR THE PUBLIC PURPOSE OF CON-
STRUCTING SOUTHWEST 10TH STREET FROM DIXIE HIGHWAY
TO SOUTHWEST 4TH AVENUE, FINDING THAT THE ACQUISI-
TION OF SAID PROPERTY IS REASONABLY NECESSARY FOR
THE CONSTRUCTION OF SOUTHWEST 10TH STREET, PROVIDING
THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE
NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN
THE SERVICES OF APPRAISERS, EXPERTS IN OTHER
DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY
ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Manager of the City of Delray Beach has
recommended the acquisition of certain real property to be utilized for
the construction of'Southwest 10th Street from Dixie Highway to South-
west 4th Avenue;
WHEREAS, it is necessary that the City acquire the hereinafter
described property in order to construct said road; and
WHEREAS, the City Commission finds that the acquisition of the
hereinafter described property for the construction of Southwest 10th
Street from Dixie Highway to Southwest 4th Avenue and related purposes
is a public necessity and 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 COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. 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 property.
Section 3. The City Attorney is authorized and directed to
proceed to take all necessary steps, including 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 acquire in
its own name by donation, purchase or eminent domain proceedings to the
property, as more particularly legally described as follows:
See Attached Exhibits "A - F"
The City Attorney is further authorized to have prepared 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. The City Attorney is authorized to retain
outside counsel as independent counsel in this matter.
Section 4. The City Attorney is hereby authorized and
directed to take such 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 in regular ses~on t~e _' /g~/~ day of
, , 1994. ~
ATTEST:
city Clerk - -
10thst. ord
2 Res. No. 34-94
EXHIBIT "A"
THE NORTH 15 FEET OF LOTS 5 AND 6 OF SOUTHERN PINES SUB-
DIVISION OF THE CITY OF DELRAY BEACH, FLORIDA, AS PER PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT
BOOK 4, PAGE 60.
3 Res. No. 34-94
EXHIBIT "B"
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: (PER O.R.B.
4294, PG. 0442)
THE WEST 100 FEET OF THE EAST 387.74 FEET OF THE NORTH 120.9
FEET OF THE EAST HALF OF LOT 13, OF THE SUBDIVISION OF SECTION
20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 1, AT PAGE 4, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
ALSO KNOWN AS: LOTS 7 AND 8, "SOUTHERN PINES", ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 4, AT PAGE 60 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF LOTS 7 AND 8, "SOUTHERN PINES",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT
PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 8, "SOUTHERN PINES",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT
PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND RUN ON AN ASSUMED BEARING OF S89°54'18"E ALONG THE NORTH
LINE OF SAID LOT 8 AND ALONG THE NORTH LINE OF SAID LOT 7, FOR
A DISTANCE OF 100.00 FEET; THENCE S00°36'42"W ALONG THE EAST
LINE OF SAID LOT 7 FOR 10.00 FEET; THENCE N89°54'18"W ALONG A
LINE PARALLEL WITH AND 10.00 FEET SOUTH OF AS MEASURED AT
RIGHT ANGLES TO THE NORTH LINE OF LOTS 7 AND 8 FOR A DISTANCE
OF 100.00 FEET; THENCE N00°36'42"E ALONG THE WEST LINE OF LOT
8, FOR 10.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA.
CONTAINING 0.0230 ACRE, OR 1,000 SQUARE FEET MORE OR LESS.
4 Res. No. 34-94
EXHIBIT "C"
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: (PER O.R.B.
3749 PG. 0237)
THE WEST 173.00 FEET OF THE SOUTHEAST QUARTER (SE1/4) OF LOT
12, OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; (ALSO DESCRIBED AS THE
WEST 173.00 FEET OF THE SOUTH HALF (Sl/2) OF THE SOUTHEAST
QUARTER (SE1/4) OF THE SOUTHEAST (SE1/4) OF THE NORTHEAST
QUARTER (NE1/4) OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA,) ACCORDING TO THE PLAT
THEREOF ON FILE IN THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 4, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, OF THE SUBDIVISION
OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND RUN ON AN
ASSUMED BEARING OF N89°54'lS"W ALONG THE SOUTH LINE OF SAID
LOT 12 FOR A DISTANCE OF 662.66 FEET; THENCE N00°37'08"E ALONG
THE WEST LINE OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF SAID LOT
12 FOR A DISTANCE OF 25.00 FEET TO HE POINT OF BEGINNING;
THENCE CONTINUE N00°37'08"E ALONG SAID WEST LINE FOR A
DISTANCE OF 10.00 FEET; THENCE S89~54'18"E ALONG A LINE
PARALLEL WITH AND 35.00 FEET NORTH OF AS MEASURED AT RIGHT
ANGLES TO THE SAID SOUTH LINE OF LOT 12 FOR A DISTANCE OF
173.01 FEET; THENCE S00°37'08"W ALONG THE EAST LINE OF THE
WEST 173.00 FEET OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF SAID
LOT 12 FOR A DISTANCE OF 10.00 FEET; THENCE N89o54'lS"W ALONG
A LINE PARALLEL WITH AND 25.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE SAID SOUTH LINE OF LOT 12 FOR A DISTANCE
OF 173.01 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA
CONTAINING 0.0397 ACRE, OR 1,730 SQUARE FEET MORE OR LESS.
5 Res. No. 34-94
EXHIBIT "D"
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: (PER O.R.B.
3474 PG. 1848)
THE SOUTHEAST QUARTER (SE1/4) OF LOT 12, OF THE SUBDIVISION OF
SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA; ALSO DESCRIBED AS THE SOUTH HALF (Sl/2) OF
THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST (SE1/4) OF THE
NORTHEAST QUARTER (NE1/4) OF SECTION 20, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, OF THE SUBDIVISION
OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND RUN ON AN
ASSUMED BEARING OF N89°54'lS"W ALONG THE SOUTH LINE OF SAID
LOT 12 FOR A DISTANCE OF 15.00 FEET; THENCE N00°39'52"E ALONG
A LINE PARALLEL WITH AND 15.00 FEET WEST OF AS MEASURED AT
RIGHT ANGLES TO THE EAST LINE OF SAID LOT 12 FOR A DISTANCE OF
25.00 FEET TO THE POINT OF BEGINNING. THENCE N89°54'lS"W ALONG
A LINE PARALLEL WITH AND 25.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE SAID SOUTH LINE OF LOT 12 FOR A DISTANCE
OF 475.16 FEET; THENCE N00°37'08"E ALONG THE EAST LINE OF THE
WEST 173.00 FEET OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF SAID
LOT 12 FOR A DISTANCE OF 10.00 FEET; THENCE S89°54'lS"E ALONG
A LINE PARALLEL WITH AND 35.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE SAID SOUTH LINE OF LOT 12 FOR A DISTANCE
OF 430.52 FEET; THENCE N45°22'47"E FOR 49.25 FEET; THENCE
N00°39'52"E ALONG A LINE PARALLEL WITH AND 25.00 FEET WEST OF
AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID LOT 12
FOR A DISTANCE OF 261.34 FEET; THENCE S89°54'17"E ALONG THE
NORTH LINE OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF SAID LOT 12
FOR A DISTANCE OF 10.00 FEET; THENCE S00°39'52"W ALONG A LINE
PARALLEL WITH AND 15.00 FEET WEST OF AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE OF SAID LOT 12 FOR A DISTANCE OF
306.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA
CONTAINING 0.1908 ACRE, OR 8,312 SQUARE FEET MORE OR LESS.
6 Res. No. 34-94
EXHIBIT "E"
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: (PER O.R.B.
2314 PG.900)
THE WEST 100 FEET OF THE EAST 487.74 FEET OF THE NORTH 120.9
FEET OF LOT 13, OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 46
SOUTH, RANGE 43 EAST, LYING AND BEING IN PALM BEACH COUNTY,
FLORIDA, LESS THE NORTH 25 FEET FOR ROAD RIGHT OF WAY.
ALSO KNOWN AS: LOTS 9 AND 10, "SOUTHERN PINES", ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 4, AT PAGE 60 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF LOTS 9 AND 10, "SOUTHERN PINES",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT
PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 10, "SOUTHERN PINES",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT
PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND RUN ON AN ASSUMED BEARING OF S89°54'lS"E ALONG THE NORTH
LINE OF SAID LOT 10 AND ALONG THE NORTH LINE OF SAID LOT 9,
FOR A DISTANCE OF 100.00 FEET; THENCE S00°36'42"W ALONG THE
EAST LINE OF SAID LOT 9 FOR 10.00 FEET; THENCE N89°54'lS"W
ALONG A LINE PARALLEL WITH AND 10.00 FEET SOUTH OF AS MEASURED
AT RIGHT ANGLES TO THE NORTH LINE OF LOTS 9 AND 10 FOR A
DISTANCE OF 100.00 FEET; THENCE N00°36'42"E ALONG THE WEST
LINE OF LOT 10 FOR 10.00 FEET TO THE POINT OF BEGINNING
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA.
CONTAINING 0.0230 ACRE, OR 1,000 SQUARE FEET MORE OR LESS.
7 Res. No. 34-94
EXHIBIT "F"
A PORTION OF THE SOUTHWEST ONE-QUARTER (SW1/4) OF LOT 4, OF
THE SUBDIVISION OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43
EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT
PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 4, OF THE SUBDIVISION
OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK i AT PAGE 4 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RUN ON AN
ASSUMED BEARING OF S89°54'08"E ALONG THE SOUTH LINE OF SAID
LOT 4 FOR A DISTANCE OF 33.00 FEET; THENCE N00°39'52"E ALONG A
LINE PARALLEL WITH AND 33.00 FEET EAST OF AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE OF SAID LOT 4 FOR A DISTANCE OF 25.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N00°39'52"E
ALONG SAID PARALLEL LINE A DISTANCE OF 50.35 FEET; THENCE
S44°37'08"E FOR 49.74 FEET; THENCE S89°54'08"E ALONG A LINE
PARALLEL WITH AND 40.00 FEET NORTH OF AS MEASURED AT RIGHT
ANGELS TO THE SAID SOUTH LINE OF LOT 4 FOR A DISTANCE OF 3.35
FEET; THENCE S08°25'33"W ALONG THE WESTERLY LINE OF THE 100
FOOT FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY FOR A DISTANCE OF
15.16 FEET; THENCE N89°54'08"W ALONG A LINE PARALLEL WITH AND
25.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SAID
SOUTH LINE OF LOT 4 FOR A DISTANCE OF 36.65 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA
CONTAINING 0.0273 ACRE, OR 1,190 SQUARE FEET MORE OR LESS.
8 Res. No. 34-94
. i
!
"
£1T¥ DF DELRfl',' BEKIgH
CITY ATTORNEY'S OFFICE :°° ~TM^~' ~^~ ~^~' ~°~^ ~'"
FACSIMILE 407/278-4755 w~.'L'~.~,~. ' m ~&a~I~a'~, 'r.&~i
(407) 243-7090
MEMORANDUM
Date: April 15, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Resolution Authorizing Property Acquisition
S.W. 10th Street from Dixie Highway to S.W. 4th Ave.
Approval of this resolution is required in order to proceed
with the acquisition of additional right-of-way for Southwest
10th Street between Dixie Highway to Southwest 4th Avenue. The
majority of the right-of-way acquisition will be along 10th
Street between 2nd Avenue and Dixie Highway. This resolution
authorizes the hiring of an appraiser and the filing of an
eminent domain proceeding if necessary.
Please call if you have any questions.'
DNT: sk
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Bill Greenwood, Director of Environmental Services
10thst. dnt
CITY OF DELRRY BE[ICH
CITY ATTORNEY'S OFFICE ~°° ~TM^v~.~. ~,^¥ ~^~, ~o,~^ ~.~
FACSIMILE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: April 5, 1994
To: David Harden, City Manager ~_~
e~
From: David N. Tolces, Assistant City Attorn
Subject: Acquisition of Property for Road Widening of S.W.
10th Street at Swinton
Environmental Services has asked that our office commence
acquiring property for the above-named project. I am planning
to place a resolution on the April 19, 1994 Commission agenda
which would permit our office to obtain the necessary
appraisals and title work, and commence eminent domain
proceedings, if necessary.
Please call if you have any questions.
DNT: s h
cc: Alison Harty, City Clerk
Bill Greenwood, Director of Environmental Services
swl0thl, dnt
RECEIVED
~ i~1~ ~,
CITY CLERK