Res 55-94 RESOLUTION NO. 55-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF
A UTILITY EASEMENT ON AND OVER CERTAIN REAL PROPERTY,
AS MORE PARTICULARLY DESCRIBED HEREIN, FOR THE PUBLIC
PURPOSE OF INSTALLING AND MAINTAINING A SIX INCH
UNDERGROUND SANITARY SEWER LINE FOR SERVICE TO FIRE
STATION NO. 3; FINDING THAT THE ACQUISITION OF SAID
EASEMENT IS REASONABLY NECESSARY FOR THE CONSTRUCTION
AND MAINTENANCE OF THE SANITARY SEWER LINE; PROVIDING
THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE
NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN
THE SERVICES OF APPRAISERS, EXPERTS AND OTHER
DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY
ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Engineer of the City of Delray Beach,
Florida, has recommended the acquisition of a utility easement on and
over certain real property to be utilized for the construction and
maintenance of a six inch underground sanitary sewer line to service
Fire Station No. 3; and
WHEREAS, it is necessary that the City acquire an easement
in the hereinafter described property in order to construct and
maintain said sewer line; and
WHEREAS, the City Commission finds that the acquisition of
the hereinafter described easement for the construction and
maintenance of the six inch underground sanitary sewer line is a
public necessity and essential to the interest ~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 and 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:
~_~ That the City Commission of the City of Delray
Beach, Florida, adopts and ratifies those matters set forth in the
foregoing recitals.
~ That the City Attorney is authorized and
directed to employ real estate appraisers for the purpose of securing
the appraisals of the value of the property hereinafter described for
the purpose of acquiring said property.
~ That 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 pursuant to Chapters 73 and 74, Florida
Statutes, a utility easement in and to the property, as more
particularly legally described as follows:
The West twelve feet (12') of Lot 6, Block 14,
SOUTHRIDGE SUBDIVISION, as shown in the Plat thereof
recorded in Plat Book 13, Page 39, of the Public
Records of Palm Beach County, Florida. Said parcel
containing 0.0267 acres, more or less.
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.
~_~ That the City Attorney is hereby authorized and
directed to take such further actions as are reasonably required to
fully accomplish the purposes here and above directed.
Section 5. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 5th day of
July, 1994.
ATTEST:
- 2 - Res. No. 55-94
CITY I)F I)ELRIIY BEACH
CITY ATTORNEY'S OFFICE ~oo ~w .~ ^v~. ~.^¥ ]~^~.. ~o],~^ ~.~
FACSIMILE 407/278-4755 ~='&~l,~ · B ~ ..'t a:. e, (~ n:. X.,.'L~
DF[RAY BFACH
(407) 243-7090
1993 Date: June 29, 1994
To: City Commission
_~-~
From: David N. Tolces, Assistant City Attorn~
Subject: Acquisition of 12' Easement for Fire Station No. 3
This resolution will authorize our office to obtain the
necessary property for a 12' easement in which the City will
install a six-inch sanitary sewer line. The owner of the
property cannot be located at this time. Therefore, rather
than negotiate, it is anticipated that the City will file an
eminent domain action to acquire the property.
Please call if you have any questions.
DNT:ci
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, Assistant City Engineer
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Pnnted on Recycled Paper