Res 84-04
------------- --
-~--- - -- -----------------------~----
RESOLUTION NO. 84-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE
TO CERTAIN REAL PROPERTY HEREAFTER DESCRIBED
FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF
A CITY PARK/RECREATION/COMMUNITY CENTER AND
OPEN SPACE FACILITY; DECLARING THAT THE
ACQUISITION OF THE PROPERTY IS NECESSARY FOR
SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF
LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73
AND 74, FLORIDA STATUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Dekay Beach is authorized by Chapters 73 and 74, Florida Statutes,
and Sections 166.401 and 166.411, Florida Statutes, to exercise its right and power of eminent
domain to acquire lands for public buildings, public parks, squares, grounds and recreational
facilities; and
WHEREAS, the City Commission has determined that it is a public necessity and in the
interests of the public health, safety and welfare to provide additional park/ recreation/ community
center and open space facilities for the residents of the City of Dekay Beach; and
WHEREAS, in January 2004 a bond referendum was approved by the electors of the City of
Dekay Beach authorizing the issuance of general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a recreation/community center
and a soccer complex in the City of Dekay Beach; and
WHEREAS, the City of Dekay Beach has conducted an analysis of vacant land within the
City for the purpose of identifying property appropriate for acquisition for said public purposes; and
WHEREAS, the City has identified the hereinafter described property as necessary to create
a public park/ recreation/ community center and open space facility and hereby authorizes the
acquisition of fee simple title to said lands by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY 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 Commission hereby finds that it is necessary to acquire the lands
described on attached Exhibit "A" for the public purpose of creating additional public park/
recreation/ community center and open space areas for use by residents of the City of Dekay Beach.
Section 3: The City Attorney or her designee, is hereby authorized and directed to proceed
to take all necessary steps, including the hiring of Vance, Doney & MacGibbon, P.A. and other legal
counsel, appraisers, and experts in other disciplines, as necessary, for the City of Dekay Beach to
acquire said property and the City Attorney, or her designee, shall prepare in the name of the City of
Delray Beach all papers, pleadings and other instruments required for the purpose, and to see that all
eminent domain proceedings are prosecuted to judgment pursuant to Chapter 73 and 74, Florida
Statutes.
Section 4: The City attorney and the City Manager are hereby authorized and directed to
take such other further actions as are reasonably required to fully accomplish the purposes
hereinabove directed.
Section 5: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of ~ , 2004.
CIlY OF DELRA Y BEACH, FLORIDA
~2 ~
OR
Attest:
~~.~~
City Clerk
2 RES. NO. 84-04
--------~---------- ---- ~----~----- -------
Parcel 1 - Churchill Propert;y
The East 221.59 feet of the Southwest Quarter (SW 1/4) of the
Southeast Quarter (SE 1/4) of the Northwest Quarter (NW %) of
Section 12, Township 46 South, Range 42 East, of Palm Beach
County, Florida, less the South 40 feet thereof for Lake Worth
Drainage District Right-of-Way.
EXHIBIT "A"
3 RES. NO. 84-04
· ,~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090· FACSI~lILE 561/278-4755
Writer's Direct Line 561/243-7091
DELRA Y BEACH MEMORANDUM
f l 0 I I D A
t&f.Itd
All-Amerlca City DATE: November 11 , 2004
~1Ir,
TO: City Commission
David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution Nos. 84~04, 85-04 and 86-04
Acquisition of Property for Expansion of Bexlev Park
The three resolutions authorize the acquisition by gift, purchase or eminent
domain of the three properties adjacent to the Bexley Park site. The appraisals
have been updated and the appraised value of all properties is $3,800.000.00
without valuing the trees on the Willis property.
Resolution 84-04 pertains to a 3.18 acre parcel owned by Maureen Churchill.
Resolution 85-04 pertains to the 5 acre property owned by Joyce Willis.
Resolution 86-04 pertains to the 3.03 acre parcel owned by Bill and Lou
Malkemes.
All three property owners have been contacted and are aware of the City's efforts
to acquire the properties and have been notified the resolutions would be put on
the agenda for Tuesday. Our office is attempting to negotiate the purchases and
will present contracts to you for approval if and when they are finalized. At this
point, however, passage of these resolutions will assist us in formally commencing
the requirements needed for the acquisitions.
It should be noted that a fourth property (3140) is currently for sale. The property is
one acre, has a house on it with 5,330 square feet under air and is listed for
$695,000.00. This fourth property is not included in the resolutions.
By copy to David Harden, City Manager, please place all three resolutions on the
City Commission regular agenda for Tuesday, November 16, 2004.
~
SAR:smk
Attachments
cc: Chevelle Nubin, Acting City Clerk ~b
RESOLUTION NO. 84-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERT AIN REAL PROPERTY HEREAFTER DESCRIBED
FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A
CITY P ARK/RECREATION/COMMUNITY CENTER AND
OPEN SPACE FACILITY; DECLARING THAT THE
ACQUISITION OF THE PROPERTY IS NECESSARY FOR
SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF
LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73
AND 74, FLORIDA STATUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach is authorized by Chapters 73 and 74, Florida
Statutes, and Sections 166.401 and 166.411, Florida Statutes, to exercise its right and power of
eminent domain to acquire lands for public buildmgs, public parks, squares, grounds and
recreational facilities; and
WHEREAS, the City CommissIOn has determined that it is a public necessity and in the
interests of the public health, safety and welfare to provide additional park/recreatIOn/community
center and open space facilities for the residents of the City of Delray Beach; and
WHEREAS, in January 2004 a bond referendum was approved by the electors of the CIty
of Delray Beach authorizing the issuance of general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a recreation/community
center and a soccer complex in the City of Delray Beach; and
WHEREAS, the City of Delray Beach has conducted an analysis of vacant land within
the City for the purpose of identifying property appropriate for acquisition for said public
purposes; and
WHEREAS, the City has identified the hereinafter described property as necessary to
create a public park/recreation/community center and open space facility and hereby authonzes
the acquisition of fee simple title to said lands by gift, purchase or eminent domam.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA THAT:
Section 1: The City Commission adopts and ratifies those matters set forth in the
foregoing recitals.
Section 2: The City Commission hereby finds that it is necessary to acquire the lands
described on attached Exhibit "A" for the public purpose of creating additional public park!
recreationlcommunity center and open space areas for use by residents of the City of Delray
Beach.
Section 3: The City Attorney or her designee, is hereby authorized and directed to
proceed to take all necessary steps, including the hiring of Vance, Doney & MacGibbon, P.A.
and other legal counsel, appraisers, and experts in other disciplines, as necessary, for the City of
Delray Beach to acquire said property and the City Attorney, or her designee, shall prepare m the
name of the City of Delray Beach all papers, pleadings and other instruments required for the
purpose, and to see that all eminent domain proceedings are prosecuted to judgment pursuant to
Chapter 73 and 74, Florida Statutes.
Section 4: The City attorney and the City Manager are hereby authorized and directed to
take such other further actions as are reasonably required to fully accomplish the purposes
hereinabove directed.
Section 5: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of ,2004.
CITY OF DELRA Y BEACH, FLORIDA
MAYOR
Attest:
City Clerk
2 RES. NO. 84-04
-~------
Parcel I - Churchill Property
The East 221.59 feet of the Southwest Quarter (SW lÄ)
of the Southeast Quarter (SE 'i4) of the Northwest
Quarter (NW ~) of Section 12, Township 46 South,
Range 42 East, of Palm Beach County, Florida, less the
South 40 feet thereof for Lake Worth Drainage District
Right-of- Way.
EXHIBIT "A"
3 RES. NO. 84-04
Page 1 of 1
~ C H-V R...ctt It-I-
_ Gary R. Nikolits, CF A
~~ Palm Beach County Property Appraiser
Property Mapping System
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RESOLUTION NO. 85-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERTAIN REAL PROPERTY HEREAFTER DESCRIBED
FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A
CITY P ARK/RECREATION/COMMUNITY CENTER AND
OPEN SPACE FACILITY; DECLARING THAT THE
ACQUISITION OF THE PROPERTY IS NECESSARY FOR
SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF
LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73
AND 74. FLORIDA ST A TUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach is authorized by Chapters 73 and 74, Florida
Statutes, and Sections 166.40 land 166.411, Florida Statutes, to exercise its right and power of
eminent domain to acquire lands for public buildings, public parks, squares, grounds and
recreational facilities; and
WHEREAS, the City Commission has determined that it is a public necessity and in the
interests of the public health, safety and welfare to provide additional park/recreation/commul1lty
center and open space facilities for the residents of the City of Delray Beach; and
WHEREAS, in January 2004 a bond referendum was approved by the electors of the City
of Delray Beach authorizing the issuance of general obligation bonds to finance land acquisition.
construction and equipping of up to three new neighborhood parks, a recreation/community
center and a soccer complex in the City of Delray Beach; and
WHEREAS, the City of Delray Beach has conducted an analysis of vacant land within
the City for the purpose of Identifying property appropriate for acquisition for said pubhc
purposes; and
WHEREAS, the City has identified the hereinafter described property as necessary to
create a public park/recreation/community center and open space facility and hereby authorizes
the acquisition of fee simple title to said lands by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA THAT:
Section I: The City Commission adopts and ratifies those matters set forth in the
foregomg recitals.
Section 2: The City Commission hereby finds that it is necessary to acquire the lands
described on attached Exhibit "A" for the public purpose of creating additional public park!
recreation/community center and open space areas for use by residents of the City of Delray
Beach.
Section 3: The City Attorney or her designee, is hereby authorized and directed to
proceed to take all necessary steps, including the hiring of Vance, Doney & MacGibbon, P.A.
and other legal counsel, appraisers, and experts in other dIsciplines, as necessary, for the City of
Delray Beach to acquire said property and the City Attorney, or her designee, shall prepare in the
name of the City of Delray Beach all papers, pleadings and other instruments reqUIred for the
purpose, and to see that all eminent domain proceedings are prosecuted to judgment pursuant to
Chapter 73 and 74, Florida Statutes.
Section 4: The City attorney and the City Manager are hereby authorized and directed to
take such other further actions as are reasonably required to fully accomplish the purposes
hereinabove directed.
Section 5: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of ,2004.
CITY OF DELRA Y BEACH, FLORIDA
MA YOR
Attest:
City Clerk
2 RES. NO. 85-04
------- -
Parcel 3 - Willis Property
The West Yz of the Southeast 1;4 of the Southeast 'i4 of
the Northwest 1;4 of Section 12, Township 46 South,
Range 42 East, Palm Beach County, Florida, and an
easement for road and utility purposes over the South 20
feet of the following described parcel: The Northeast 1;4
of the Southeast 1;4 of the Northwest 1/4 of Section 12,
Township 46 South, Range 42 East, Palm Beach
County, Florida.
EXHIBIT "A"
3 RES. NO. 85-04
Page 1 of 1
Wdl~s
_ Gary R. Nikolits, CF A
_ Palm Beach County P~operty Appraiser
Property Mappmg System
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Map produced on 11/11/2004 from PAPA
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-- ---- ---- -------
RESOLUTION NO. 86-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERTAIN REAL PROPERTY HEREAFTER DESCRIBED
FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A
CITY P ARKJRECREA TION/COMMUNITY CENTER AND
OPEN SPACE FACILITY; DECLARING THAT THE
ACQUISITION OF THE PROPERTY IS NECESSARY FOR
SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF
LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73
AND 74, FLORIDA STATUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach is authorized by Chapters 73 and 74, Florida
Statutes, and Sections 166.401 and 166.411, Florida Statutes, to exercise its right and power of
eminent domain to acquire lands for public buildings, public parks, squares, grounds and
recreational facilities; and
WHEREAS, the City Commission has determined that it is a public necessity and in the
interests of the public health, safety and welfare to provide additional park/recreation/community
center and open space facilities for the residents of the City of Delray Beach; and
WHEREAS, in January 2004 a bond referendum was approved by the electors of the City
of Delray Beach authorizing the Issuance of general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a recreation/community
center and a soccer complex in the City of Delray Beach; and
WHEREAS, the City of Delray Beach has conducted an analysis of vacant land withm
the City for the purpose of identifying property appropriate for acquisition for said public
purposes; and
WHEREAS, the City has identified the hereinafter described property as necessary to
create a public park/recreation/community center and open space facility and hereby authorizes
the acquisition of fee simple title to said lands by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA THAT:
Section l: The City Commission adopts and ratifies those matters set forth in the
foregoing recitals.
Section 2: The City Commission hereby finds that it is necessary to acquire the lands
described on attached ExhIbit "A" for the publIc purpose of creating additional public park!
recreationlcommunity center and open space areas for use by residents of the City of Delray
Beach.
Section 3: The City Attorney or her designee, is hereby authorized and directed to
proceed to take all necessary steps, including the hiring of Vance, Doney & Mac Gibbon, P.A.
and other legal counsel, appraisers, and experts in other disciplines, as necessary, for the City of
Delray Beach to acquire said property and the City Attorney, or her designee, shall prepare in the
name of the City of Delray Beach all papers, pleadings and other instruments required for the
purpose, and to see that all eminent domain proceedings are prosecuted to judgment pursuant to
Chapter 73 and 74, Florida Statutes.
Section 4: The City attorney and the City Manager are hereby authorized and directed to
take such other further actions as are reasonably required to fully accomplish the purposes
hereinabove directed.
Section 5: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of ,2004.
CITY OF DELRA Y BEACH, FLORIDA
MAYOR
Attest:
City Clerk
2 RES. NO. 86-04
·
Parcel 2 - Malkemes Property
A parcel of land in the Southwest Quarter of the
Southeast Quarter of the Northwest Quarter of Section
12, Township 46 South, Range 42 East, of Palm Beach
County, Florida, being more particularly described as
follows; to wit
Commence at the Northeast comer of the said
Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of Section 12; thence Westerly,
along the North line thereof a distance of 221.59 feet to
the Point of Beginning of the parcel to be herein
described; thence continue Westerly, along the same
course a distance of 211.06 feet more or less; thence
Southerly, along a line of 232.08 feet as measured at
right angles, East of and parallel to the West line of said
Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of Section 12, a distance of 624.67
feet, more or less to a point in a line 40 feet North of
and parallel to the South line of the Northwest Quarter
of said Section 12; thence Easterly, along said parallel
line, a distance of 212.00 feet, more or less to a point in
the West line of the Easterly One-Third of the said
Southwest Quarter of the Southeast Quarter of the
Northwest Quarter of Section 12; thence Northerly,
along said West line, a distance of 624.16 feet; more or
less, to the Point of Beginning aforementioned.
EXHIBIT "A"
3 RES. NO. 86-04
Page 1 of 1
1V\ a / k t m ~s
¡fji.~ Gary R. Nikolits, CF A
_ '(fJ Palm Beach County Property Appraiser
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Property Mapping System
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