Res 81-02RESOLUTION NO. 81-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRIBED BY THE DEI~RAY BEACH
COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City of De[ray Beach, the City
Commission of the City of De[ray Beach, Florida, created the Delray Beach Community
Redevelopment Agency; and
WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375, Florida Statutes, the
De[ray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase
or eminent domain any real property within the community redevelopment area; and
WHEREAS, Section 163.370(1)(e)(2), Florida Statutes, further provides that a community
redevelopment agency may not exercise any power of eminent domain unless the exercise has been
specifically approved by the governing body of the municipality which established the agency; and
WHERI~.AS, the City Commission of the City of De[ray Beach, Florida, desires to approve
or authorize the acquisition of the property hereinafter described by the De[ray Beach Community
Redevelopment Agency by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the De[ray Beach Community Redevelopment Agency is hereby authorized
to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically
legally described as follows:
The East One-Half (1/2) of Lot 7, Block 30, Plat of the Town
of Linton, according to the plat thereof recorded in Plat Book
1, page 3 of the Public Records of Palm Beach County,
Florida.
Section 2. That this resolution shall take effect mediately upon passage.
_/_,. SSED AND ADOPTED in regular session on this the
,2002.
day of
MAYOR
Attest:
City Clerk
2 RES. NO. 81-02
[IT¥ OF DELRfl¥ BEfl£H
C!TY ET.nRNEY'S OFFICE
200 NW 1st AVENUE * DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line' 561/243-7091
1993 DATE: October 3, 2002
MEMORANDUM
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Interlocal Agreement with CRA/Resolution Providing for Eminent
Domain Proceedin.qs/Resolution Providin.q for Transfer of Property
On May 21, 2002 the Commission approved a contract for the purchase of a piece
of property located along the east side of S.W. 5th Avenue just north of S.W. 2nd
Street in the amount of $4,700.00. The City was hoping to acquire this property as
it owns an adjacent parcel and the combination of both parcels would make one
buildable lot that could be used for the Housing Renaissance Program. However,
a title search of the property revealed title problems to the extent that title
insurance could not be obtained. The Commission cancelled the contract on
August 20, 2002 with the understanding that the City would work with the CRA in
looking at other avenues to acquire this property.
The attached Interiocal agreement provides that the CRA shall acquire the
property by eminent domain, with the CRA paying all costs. Once the CRA has
acquired the property, the City will then transfer its parcel to the CRA. Resolution
No. 81-02 grants to the CRA the authority to acquire the property by eminent
domain.
Resolution No. 82-02, attached hereto, provides for the transfer of the City owned
parcel to the CRA once the CRA has obtained title to the adjacent parcel through
eminent domain proceedings.
By copy of this memo to David Harden, our office requests that these items be
placed on the October 15, 2002 City Commission agenda. Please call if you have
any questions.
Attachment
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND THE
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS INTERLOCAL AGREEMENT is made this
__ day of
200_ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation
("city")
("CRA").
and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
WITNESSETH:
WHEREAS, the City and CRA have entered into an agreement (Delray Beach
Housing Renaissance Program Memorandum of Understanding) to provide for
affordable housing in th~ City of Delray Beach; and
WHEREAS, the CRA desires to acquire the property described in Exhibit "A" so
that it may be utilized for affordable housing; and
WHEREAS, the City has acquired the property adjacent to the property
described in Exhibit "A" and is hereby described in Exhibit "B"; and
WHEREAS, the property described in Exhibit "B" as well as the property
described in Exhibit "A" do not meet the lot size requirements for a buildable lot; and
WHEREAS, the CRA wishes to combine the lots in order to make one buildable
lot for affordable housing; and
WHEREAS, the property owner desires to sell, however, it has been determined
there are marketability issues as to the title, rendering such voluntary sale and purchase
economically unfeasible; and
WHEREAS, the CRA has the express power pursuant to Florida Statute and the
affordable housing component of its Community Redevelopment Plan to acquire
properties by eminent domain for affordable housing; and
WHEREAS, the expenditure of funds by the CRA to acquire affordable housing
sites is a valid public purpose; and
WHEREAS, pursuant to F.S. Chapter 163, Part III, the CRA has the power of
eminent domain for purposes of acquiring the subject property for affordable housing if
delegated such power by the City.
NOW, THEREFORE, in consideration of the mutual covenants' and promises
herein contained, the parties hereby agree as follows:
Recitations. The recitations set forth above are hereby incorporated
herein.
2.
Action by Parties. If the City delegates the eminent domain powers
pursuant to F.S. Chapter 163, the CRA shall acquire the property described in Exhibit
"A" within a reasonable period of time. Thereafter, once the CRA has acquired this
property the City shall then transfer title to the property described in Exhibit "B" to the
CRA for development as part of the Delray Beach Housing Renaissance Program.
3. Costs. The CRA shall be responsible for all costs incurred in the
acquisition of the property as described in Exhibit "A", including any and all costs and
fees regarding any eminent domain action.
4. .Term. The term of this agreement shall commence when approved by
both parties and when executed by the last signatory to this agreement and shall expire
within 90 days after the transfer of the property described in Exhibit "B" from the City to
the CRA.
Interlocal ARreement. This Interlocal Agreement shall be filed pursuant
to the requirements pursuant to Section 163.01(11), Florida Statutes.
6. Final Agreement; Modification. No prior or present agreements or
representations with regard to any subject matter contained within this agreement shall
be binding on any party unless included expressly in this agreement. Any modification
of this agreement shall be in writing and executed by the parties.
7. Severability. The invalidity of any portion, article, paragraph, provision,
clause, or any portion thereof contained within this Agreement shall have no force or
effect upon the validity of any other portion hereof.
8. Laws; Venue. This Agreement shall be governed by and in accordance
with the Laws of Florida. Venue for any action arising from this agreement shall be in
Palm Beach County, Florida.
9. AssiRnment. Once the property is acquired by the CRA, the CRA may
only transfer or assign the property to another agency that will use the property to
provide affordable housing.
10. SiRnatures Required. This Agreement shall not be valid until signed by
the Mayor and City Clerk.
ATTEST:
City Clerk
ClTYOF DELRAY BEACH, FLORIDA
By:
David W. Schmidt, Mayor
Approved as to Form:
City Attorney
W~nesses:
COMMUNITY REDEVELOPMENT AGENCY
Print Name:
By:,
Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was
,200_ by
title of officer or agent) of
acknowledging), a
behalf of the corporation.
take an oath.
acknowledged before me this day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on
He/She is personally known to me or has produced
(type of identification) as identification and did (did not)
Signature of Notary Public
EXHIBIT "A"
??~ East ~ of Lot 7, Block 30, Plat of Town of Linton, according to the plat thereof
recorded in Plat Book 1, page 3 o£ the Public P~ecords of Palm Beach County, Florida.'
EXtHBIT "B"
The West ~A of Lot 7, Block 30, Map of the Town of Linton, Florida (n/k/a D~lray
Beach), according to the map or plat thereof as recorded in Plat Book 1, Page 3, Public
Records of Palm Beach County, Florida.
RESOLUTION NO. 81-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRIBED BY THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach,
the City Commission of the City of Delray Beach, Florida, created the Delray Beach
Community Redevelopment Agency; and
WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375,
Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the
power to acquire by gift, purchase or eminent domain any real property within the
community redevelopment area; and
WHEREAS, Section 163.370(e)(2) and Section 163.375, Florida Statutes,
further provide that a community redevelopment agency may not exercise any power of
eminent domain unless the exercise has been specifically approved by the governing
body of the municipality which established the agency; and
WHEREAS, the City Commission of the City of Delray Beach, Florida,
desires to approve or authorize the acquisition of the property hereinafter described by
the Delray Beach Community Redevelopment Agency by gift, purchase or eminent
domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach Community Redevelopment Agency is
hereby authorized to acquire fee simple title by gift, purchase or eminent domain that
certain property more specifically legally described as follows:
The East One-Half (1/2) of Lot 7, Block 30, Plat of
the Town of Linton, according to the plat thereof
recorded in Plat Book 1, page 3 of the Public Records
of Palm Beach County, Florida.
Section 2. That this resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on this ~ day of
,2002.
ATTEST:
MAYOR
City Clerk
2
RESOLUTION NO. 82-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH,
WHICH PROPERTY IS LOCATED ALONG THE EAST SIDE OF S.W.
5TM AVENUE JUST NORTH OF S.W. 2ND STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH
COMMUNITY DEVELOPMENT AGENCY TO BE UTILIZED FOR
THE RENAISSANCE HOUSING PROGRAM.
WHEKEAS, the City of Delray Beach, Florida desires to transfer the west ½ of Lot 7, Block 30 for
the purpose of providing property for the Renaissance Housing Program; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to transfer
the property described above; and
WHEREAS, the City shall only transfer the property to the CRA based upon the terms and
conditions of the Interlocal Agreement between the City and CRA; and
WHEREAS, the City Commission has determined that the transfer of the property described above
will promote the general welfare of the residents of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to
transfer the West ½ of Lot 7, Block 30, according to the plat thereof as recorded in Plat Book 1, Page 3, of
the Public Records of Palm Beach County, Florida, to the CRA based upon the terms and conditions, which
are hereby incorporated herein, of the Interlocal Agreement between the City and CRA.
PASSED AND ADOPTED in regular session on this the day of October, 2002.
ATTEST:
MAYOR
City Clerk
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