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Res 14-05 (" ""\ II I RESOLUTION NO. 14-05 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPER1Y AS HEREINAFTER DESCRIBED BY THE DELRA Y BEACH COMMUNI1Y 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(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 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, as set forth in CRA Resolution 05-02. NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple tide by gift, purchase or eminent domain that certain property more specifically legally described as follows: Lots 11 through 30, inclusive, of CARVER SQUARE according to the plat thereof as recorded in Plat Book 24, Page 11 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 the \~ day of ~ , 2005. ~l~ Attest: ~~ S). ~L~ City Clerk 2 RES. NO. 14-05 life RA DflRAY BfACH tmeHb MAR 1 - 2005 CITY MANAGE" olt Ø1 COMMUNITY REDEVELOPMENT AGENCY MEMO Date: David Harden, City Manager Diane Colonna, CRA Exeeutive Director ~ ~ February 28, 2005 To: From: RE: Resolution Regarding Carver Square Acquisitions Attached please find a resolution adopted by the CRA board at the meeting of February 24, 2005, asking the City Commission to authorize the acquisition of property in the Carver Square project area by gift, purchase, or eminent domain. The property was identified for potential acquisition in the recently adopted CRA Plan under Project 2.11 Carver Square Neighborhood. The redevelopment strategy for the area calls for the acquisition of the southern two blocks of the subdivision (Lots 11 through 30, shown as lots K through DD on the attached map). The acquisition is necessary in order to provide for the elimination of slum and blighted conditions through the demolition of homes that have serious structural damage due to extensive soil settlement. In order to properly remediate the soil, and to maintain the CRA' s ability to redevelop the subdivision with affordable housing, it is necessary to ensure that all of the lots can be acquired. The attached resolution asks the City to authorize the CRA' s acquisition of the properties, including the use of eminent domain if necessary. The CRA and the City's Community Improvement Department will work together to relocate the affected residents to suitable housing, and will provide financial assistance under the CRA' s relocation policy. Please have this item placed on an upcoming City Commission agenda. Thank you for your attention to this matter. ~~ 20 North Swinton Avenue ~ Delray Beach, florida 33444 ~ Phone: 561/276-8640 ~ fax: 561/27 6-8558 ~ www.delraycra.org RESOLUTION NO. 14-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRA Y 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(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 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, as set forth in CRA Resolution 05-02. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y 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: Lots 11 through 30, inclusive, of CARVER SQUARE according to the plat thereof as recorded in Plat Book 24, Page 11 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 the , 2005. day of Mayor Attest: City Clerk 2 RES. NO. 14-05 ... RESOLUTION NO. OS...OêT- A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT AND THE ELIMINATION OF SLUM AND BLIGHT IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community Redevelopment Agency has established goals and objectives with respect to the redevelopment of the Carver Square neighborhood; and WHEREAS, research and engineering reports for the Carver Square neighborhood indicate that at one time the area may have been a pond and later utilized as an informal dump in the 1960's; and WHEREAS, since the mid to late 1980's, numerous homes constructed on lots in the Carver Square neighborhood have experienced settlement problems often resulting in structural damage to the homes; and WHEREAS, Delray Beach Community Redevelopment Agency desires to acquire the hereinafter described property to eliminate the condition of slum and blight caused by the soil settlement resulting in structural damage to homes and to remediate the affected soil area to provide land for future development or green space; and WHEREAS, the Community Redevelopment Agency has determined that it is in the public's interest to proceed with the acquisition of the properties hereinafter described by gift, purchase, or eminent domain and pursuant to Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," it is appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it determines is necessary for the said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following real property legally described as follows: Lots II through 30, inclusive, of CARVER SQUARE according to the plat thereof as recorded in Plat Book 24, page 11 of the Public Records of Palm Beach County, Florida. by gift, purchase, or eminent domain as described in Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," and Chapters 73 and 74 Florida Statutes. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said property by gift, purchase, or eminent domain following the delegation of the above-described power of eminent domain. Section Two: The Board of Commissioners of the Community Redevelopment Agency hereby determines that it is necessary to acquire the property described above pursuant to its Community Redevelopment Plan and specifically its "Carver Square Neighborhood Redevelopment" project as set forth therein. 2 Section Three: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this dLlfv'day of ~ ,2005. CO~TYREDEVELOPMENTAGENCY -~~~ L ~ Chairperson Attested by: ~ ~, Secretary 3 r--- JI S.W. 2ND ST. S. W. 3RD ST. ~_~___¡_.___. _ __IC N - JANUARY 2005 ~ - POTENTIAl ACQUISmON ~ RECOMMENDED AT 2-24-05 CRA MEETING aTY OF DEl..RAY llEAai. F1. PLANNING. ZONING DEPARlWEHT -- OIGffAl.. BASE ItIAP SYSTEItf -- ®®©@@ ®@®CDQ) w w > > « « :r: :r: I--- I--- OJ Ì' 5: 5: (f) (f) PROJECT #2.11 CARVER SQUARE NEIGHBORHOOD - MAP G - NOTE: SEE REVERSE SIDE FOR LEGEND