Res 88-92 RESOLUTION NO. 88-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
IN FEE SIMPLE OF CERTAIN REAL PROPERTY, FOR THE
PUBLIC PURPOSE OF CONSTRUCTING THEREON A SEWER
IN-LINE BOOSTER MASTER PUMP STATION, FINDING THAT
THE ACQUISITION OF SAID PROPERTY IS REASONABLY
NECESSARY FOR THE IMPROVEMENT OF ITS MUNICIPAL SEWER
SYSTEM; 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 improvement of the City's sewer system, specifically being needed
for the construction of an In-line Booster Master Pump Station; and
WHEREAS, it is necessary that the City acquire the hereinafter
described property in order to facilitate the construction of said
facility~ and
WHEREAS, the City Commission finds that the acquisition of the
hereinafter described property in fee simple for the improvement of the
municipal sewer system and specifically the construction of a In-line
Booster Master Pump Station 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, THAT:
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, fee
simple title to the property, more particularly legally described as
follows:
See attached Exhibit "A"
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
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.
~t~ASSED AND ADOPTED in regular ses~n_' this ~'/~q day of
/ , 1992.
A~tEsT:
City Clerk J
2 Res. No. 88-92
EXHIBIT "A"
DESCRIPTION:
A PORTION OF BLOCK 90, L.R. BENJAMIN'S SUBDIVISION, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 18 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF
THE FLORIDA EASTCOAST RAILWAY RIGHT-OF-WAY AS SHOWN ON MODEL
LAND COMPANY'S SUBDIVISION OF BLOCK 98, AND THAT PART OF BLOCK
90 LYING EAST OF THE FLORIDA EASTCOAST RAILWAY RIGHT-OF-WAY
TOWN OF DELRA¥ BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 9 AT PAGE 33 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 1, OF SAID L.R. BENJAMIN'S
SUBDIVISION AND RUN ON AN ASSUMED BEARING OF S00°18'39"W ALONG
THE EAST LINE OF LOTS 1, 2 AND 3 FOR 137.00 FEET; THENCE RUN
N88°49'54"W FOR 94.42 FEET; THENCE N09 45'36"E ALONG A LINE
50.00 FEET WESTERLY OF AS MEASURED AT RIGHT ANGLES TO THE WEST
LINES OF SAID LOTS 1, 2 AND 3 FOR 138.54 FEET; THENCE S88°
49'54"E ALONG THE WESTERLY EXTENSION OF AND NORTH LINE OF SAID
LOT 1, L.R. BENJAMIN'S SUBDIVISION FOR A DISTANCE OF 71.67 FEET
TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA
CONTAINING 0.26 ACRE MORE OR LESS.
ITV OF DELRI:I¥
"':" !i'TORNEY'$ OFFICE
Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: August 7, 1992
To: City Commission
From: Jeffrey S. Kurtz, City Attorney/
Subject: Booster Station Property and Tennis Center Property
Resolutions of Taking
The backup material regarding the two above matters will be
forthcoming prior to Tuesday's meeting. ~~7- ~1~ J~>
Should you have any further questions regarding these matters,
please do not hesitate to contact me.
JSK:jw