Res 47-85 RESOLUTION NO. 47-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING ACQUISITION OF 2.53 ACRES
OF REAL PROPERTY LOCATED ON CONGRESS AVENUE FOR THE
PURPOSE OF RECONSTRUCTING AND THE EXPANSION OF THE SOUTH
CENTRAL REGIONAL WASTEWATER TREATMENT PLANT BY GIFT,
PURCHASE OR EMINENT DOMAIN; STATING THE PUBLIC PURPOSE
FOR WHICH THE PROPERTY IS TO BE ACQUIRED; DETERMINING
THAT FEE SIMPLE TITLE TO THE PROPERTY IS TO BE ACQUIRED;
DETERMINING AND FINDING THAT THE ACQUISITION OF THE
PROPERTY TO BE ACQUIRED IS NECESSARY FOR THE STATED PUB-
LIC PURPOSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Delray Beach entered into an interlocal
agreement with the City of Boynton Beach on December 26, 1974, which
provides for the Cities of Delray Beach and Boynton Beach to jointly
own, construct and operate a Central Wastewater Treatment Facility; and,
WHEREAS, the engineers for the South Central Regional Wastewater
Treatment and Disposal Board have recommended the acquisition of additional
property in connection with the reconstruction and expansion of the South
Central Regional Wastewater Treatment and Disposal Plant, owned and
operated by said entity, for water retention, borrow material, access and
a buffer area; and,
WHEREAS, funds are available for the acquisition of said prop-
erty; and,
WHEREAS, the specific property required and needed for the above
described public purpose is described on Exhibit "1", attached hereto;
and,
WHEREAS, the City Council of the City of Delray Beach finds that
the reconstruction and expansion of the South Central Regional Wastewater
Plant and the acquisition of the specific property described in Exhibit
"1", attached hereto, are a public necessity and the same are necessary
and essential to the best interests of the City of Delray Beach and the
South Central Regional Wastewater Treatment and Disposal Board and that
the acquisition of the needed land as described on attached Exhibit "1"
in fee simple for said purpose is also a public necessity; and,
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board unanimously approved acquisition of the subject property
in a Special Meeting held on May 9, 1985,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Wherever the term "real property" is hereinafter used
in this Resolution, it shall be deemed to refer to the real property de-
scribed in Exhibit "1" attached to this Resolution and incorporated here-
in by reference.
Section 2. The City Council of the City of Delray Beach, Florida
hereby authorizes the acquisition of the real property by gift, purchase
or eminent domain. Fee simple absolute title shall be acquired by the
City of Delray Beach and the.City of Boynton Beach, Florida, as joint
tenants in common.
Section 3. The City Council of the City of Delray Beach, Florida,
hereby determines that it is necessary to acquire the real property so
that it can be utilized for water retention, borrow material, access and a
buffer area in connection with the reconstruction and expansion of the
South Central Regional Wastewater Treatment and Disposal Plant.
Section 4. The City Attorney is authorized and directed to take
the necessary steps to acquire the property described on Exhibit #1# by
donation, purchase or eminent domain proceedings and to retain the ser-
vices of appraisers and experts in other disciplines whom he deems are
necessary in connection with the acquisition. The City Attorney is au-
thorized to retain special counsel to assist him in this matter.
Section 5. This resolution shall take effect immediately upon
its passage.
PASSED AND ADOPTED in regular session on this the 14th day
of May , 1985.
ATTEST:
City Clerk
-2- Res. No. 47-85
Exhibit 1
Commencing at the northwest corner of Section 8 Township 46 Range
43;thence running south 0 degrees 43 minutes 21 seconds east
along the west line of said Section 8, for 90.00 feet; thence
south 89 degrees 48 minutes 45'seconds east for 53.00 feet to the
Point of Beginning of the following described parcel of land~
thence south 0 degrees 43 minutes 21 seconds east along the east
Right of Way Line of Congress Avenue for 550.00 feet, thence
south 89 degrees 48 minutes 45 seconds east for 200.00 feet;
thence north 0 degrees 43 minutes 21 seconds west for 550.00
feet; thence north 89 degrees 48 minutes 45 seconds west for
200.00 feet to the Point of Beginning of the described parcel
subject to an e~sement in favor of the City of Delray Beach,
Florida and City of Boynton Beach, Florida occupying the north 50
feet of said parcel of land.
The above parcel containing 2.53 acres, more or less.