91-15 v •
RESOLUTION NO. 91-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
AUTHORIZING ALAN C. JENSEN, CITY ATTORNEY,
TO INITIATE EMINENT DOMAIN PROCEEDINGS IN
ORDER TO ACQUIRE IN THE NAME OF THE CITY OF
ATLANTIC BEACH CERTAIN PROPERTY NEEDED FOR
PUBLIC PURPOSES, PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 158 of the Charter of the City of
Atlantic Beach requires the City Attorney to prosecute for and in
behalf of the City, all civil complaints, suits and controversies
in which the City is a party, when authorized by resolution of the
City Commission, and
WHEREAS, the City is currently engaged in a project in
the Seminole Road portion of Atlantic Beach extending from the
northerly city limits south to the Atlantic Beach water and sewer
plant, which project consists of the installation of certain
improvements including water, sewer, drainage, flow diversion, and
the like, and
WHEREAS, certain privately owned property located
immediately east of Seminole Road at Sea Gardens must be acquired
in order to construct and install a lift station in conjunction
with the sewer lines, which the City finds to be a legitimate
public purpose, and
WHEREAS, the property described below is reasonably
necessary for the public purpose of the construction and
installation of a lift station, and
WHEREAS, there is no performance or occurrence of any
condition precedent necessary for the City to proceed with this
action,
NOW THEREFORE, be it resolved by the City Commission of
the City of Atlantic Beach as follows:
SECTION 1. The City Attorney, Alan C. Jensen, is hereby
directed and authorized to initiate eminent domain proceedings to
acquire in the name of the City of Atlantic Beach fee simple title
to that certain real property located east of Seminole Road at Sea
Gardens, Atlantic Beach, Duval County, Florida, or any portion
thereof which the City deems necessary for the stated purpose as
set forth above, which property is more particularly described as
follows:
The Point of Beginning is the Southwest
corner of that property described in
Official Records Volume 3884 , page 528 ,
and more recently described as the
"Declaration of Covenants, Restrictions and
Easements" dated July 24 , 1978, and recorded
in Official Records Volume 4686, at page 911,
of the current public records of Duval County,
Florida, Section 37 , Township 2S, Range 29E,
S/D Dewees Grant.
Thence proceed North 00 degrees 13 ' 40" West
a distance of 30. 0 ' , thence North 89 degrees
46 ' 20" East a distance of 15. 0 ' , thence North
00 degrees 13 ' 40" West a distance of 30 . 0 ' ,
thence North 89 degrees 46 ' 20" East a distance
of 14 . 0 ' , thence South 00 degrees 13 ' 40" East
a distance of 60. 0 ' , thence South 89 degrees
46 ' 20" West a distance of 29 . 0 ' to the Point
of Beginning.
SECTION 2 . Other offices, department heads, and
employees of the City are hereby directed to cooperate with the
City Attorney to the fullest extent to minimize the costs to the
City of Atlantic Beach in acquiring the aforesaid interest in the
described property so as to insure pleasing, innovative design to
maintain the integrity and security of surrounding residential
areas, thereby minimizing any adverse impact.
SECTION 3 . This Resolution shall take effect immediately
upon its final passage and adoption.
PASSED by the City Commission of Atlantic Beach, Florida
this 29th day of April, 1991 .
Attest:
A .;
1 L4 /k
MA EN KING, . ty C .- k WIL I , I . GULL FOR,
Mayor, Presiding Of
Approve . as to form and correctness:
e1•`•' C. JENS , ESQUIRE
�ty Attor