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90-05 v RESOLUTION 90-5 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 Section H portion of Atlantic Beach which is bounded on the east by Mayport Road, on the north by Levy Road, on the south by Atlantic Boulevard and on the west by a line 102 feet west of the westerly right of way line of Jasmine Street, which project consists of the installation of certain improvements including water, sewer, drainage, and paving in certain areas thereof, and WHEREAS, certain privately owned property located in Section H 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 in Section H, Atlantic Beach, Duval County, Florida, or any portion thereof which the City deems necessary for the stated public purpose as set forth above, which property is more particularly described as follows : Lot 1 , Block 225, Section H, as recorded in Plat Book 34 , page 18, of the current public records of Duval County, Florida. " 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 26th day of March, 1990 . ATTEST ' MAUR ,E!1 KING1 .`IL' I . GULLIFORI 1p City Cjerk Mayor, Presiding Of ' - Appro d as to form and correctness : --ALAN C . JET City Atto