Res 69-94 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 CONSTRUCTING
SOUTHWEST 10TH AVENUE FROM LINTON BOULEVARD TO
SOUTHWEST 10TH STREET, FINDING THAT THE ACQUISITION
OF SAID PROPERTY IS REASONABLY NECESSARY FOR THE
CONSTRUCTION OF SOUTHWEST 10TH AVENUE, 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 Avenue from Linton Boulevard to
Southwest 10th Street; and
WHEREAS, it is necessary that the City acquire the
hereinafter described property in order to construct and improve said
roads; and
WHEREAS, the City Commission finds that the acquisition of
the hereinafter described property for the construction of Southwest
10th Avenue from Linton Boulevard to Southwest 10th Street, 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 pursuant to Chapters 73, 74 and 166,
Florida Statutes, fee simple title to the property, as more
particularly legally described as follows:
See Exhibit "A" attached hereto.
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 session on this the 16th day
of August, 1994.
ATTEST:
J cit~ C~erk
EXHIBIT "A"
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY:
(PER OFFICIAL RECORDS BOOK 3158 AT PAGE 1095)
FROM THE POINT OF INTERSECTION OF THE EAST LINE OF GERMANTOWN ROAD AND
THE NORTH BOUNDARY LINE OF LOT 30, SECTION 20, TOWNSHIP 46 SOUTH,
RANGE 43 EAST; RUN SOUTHWESTERLY ALONG SAID EAST LINE A DISTANCE OF
427 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE IN AN
EASTERLY DIRECTION AT AN ANGLE OF 108 DEGREES 01'03" MEASURED FROM
SOUTHWEST TO THE EAST, A DISTANCE OF 386.41 FEET; THENCE IN A
SOUTHERLY DIRECTION AT AN ANGLE OF 94 DEGREES 14'27" MEASURED FROM THE
WEST TO THE SOUTH A DISTANCE OF 51.14 FEET; THENCE WESTERLY AT AN
ANGLE OF 91 DEGREES 59'30" MEASURED FROM NORTH TO WEST A DISTANCE OF
424.24 FEET TO A POINT IN THE SAID EAST LINE OF GERMANTOWN ROAD; AND
AT AN ANGLE OF 65 DEGREES 45'00", A DISTANCE OF 102.0 FEET TO THE
POINT OF BEGINNING. ALL OF THIS DESCRIPTION BEING A PART OF LOT 30,
SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, PLAT BOOK 1, AT PAGE 4, AND LOT 8, BLOCK D, OF THE
SUBDIVISION OF SUNNY ACRES, PALM BEACH COUNTY, FLORIDA, PLAT BOOK 21,
AT PAGE 63.
WHICH LIES WITHIN 30.00 FEET WEST OF THE FOLLOWING DESCRIBED LINE:
BEGIN AT THE NORTHWEST CORNER OF "LINTON FOREST PLAT 1" ACCORDING TO
.
THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGES 177 AND 178 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID POINT OF BEGINNING
BEING A PERMANENT REFERENCE MONUMENT ~1601; THENCE ON AN ASSUMED
BEARING OF NORTH 00 DEGREES 23'12" EAST ALONG THE NORTHERLY EXTENSION
OF THE WEST LINE OF SAID PLAT "LINTON FOREST PLAT 1", BEING COINCIDENT
WITH THE EAST LINE OF THE WEST ONE-HALF OF LOT 30 AND THE EAST LINE OF
THE WEST ONE-HALF OF LOT 29 OF THE SUBDIVISION OF SECTION 20, 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, FOR A DISTANCE OF 1331.48 FEET TO THE POINT OF TERMINATION OF
SAID DESCRIBED LINE, SAID POINT BEING ON THE NORTH LINE OF SAID LOT
29, SAID POINT ALSO BEING COINCIDENT WITH THE CENTERLINE OF S.W. 10TH
STREET AS SHOWN ON THE PLAT OF "ESQUIRE SUBDIVISION", ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 23, AT PAGE 43 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT LIES 125.00 FEET
EAST OF AS MEASURED ALONG THE SAID CENTERLINE OF S.W. 10TH STREET TO
THE INTERSECTION OF S.W. 10TH AVENUE AS SHOWN ON THE PLAT OF "DELRAY
BEACH HEIGHTS" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25,
AT PAGE 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY
FLORIDA.
QUEENS ; AVENUE
............ -' .................... ' ................... ' DIXIE BOULEVARD
£1TY OF I ELIi#Y BEACH
CITY ATTORNEY'S OFFICE ~°° ~
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FACSIMILE 407/278-4755 ~~' ~ ~~ ~o
p~t~e~ (407) 243-7090
AIl~mdcaCi~
Dat~: hu~ust 10, 1994
1993
To: C±t¥ Comm±s$ion
From: David ~. Tolcos, ~ss~stant City ~ttorno~
Subject: Resolut±on of ~ocoss~t¥ ~uthor£z£n~ tho Fil±n~ of
Em~nont Domain Procoodin~s for a Parcol Requirod
for $.~. 10th ~vonuo
This attached resolution authorizes the City Attorney's
Office to proceed with the acquisition of the last parcel
needed for the construction of S.W. 10th Avenue. The
attached map shows the location of the parcel to be
acquired.
Please call if you have any questions.
DNT: smk
Attachments
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, Assistant City Engineer
swl0th-6, dnt
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