Res 31-05
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RESOLUTION NO. 31-05
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 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(l)(e)(2) and Section 163.375, Florida Statute&, 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 -0(0.
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:
Parcel J
Lots 4 and 5, REPLAT of Part of Block 27, TOWN OF LINTON, according
to the Plat thereof as recorded in Plat Book 21, page 43 of the Public Records
of Palm Beach County, Florida.
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Section 2. That this resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on the tl.~ay of ~ ,
,
2005.
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ATTEST:
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City Clerk
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CITY ATTORNEY'S OFFICE .:()O '\w ht :\VENl'E' DELR.\Y BE.\CH. FLORIDA 33..J...J...J.
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DELRAY BEACH Writer's Direct Line: 561/243-7091
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All-America City MEMORANDUM
, III J! DATE: May 13, 2005
1993 TO: City Commission
2001 David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution to Acquire Property bv Gift. Purchase or Eminent Domain
Attached please find a resolution passed by the CRA at their meeting of May 12,
2005 requesting that the City Commission give the CRA permission to acquire
property located at 133 N.W. 5th Avenue.
Resolution 31-05, which is the City's resolution, authorizes eminent domain by the
CRA.
Our office requests that this item be placed on the May 17, 2005 City Commission
agenda for approval.
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SAR:ci
Attachments
Cc: Chevelle Nubin, City Clerk
Diane Colonna, Director, CRA
Robert Federpiel, Esq.
C\I
I.TeRA
D£LRAY B£ACH
COMMUNITY REDEVELOPMENT AGENCY
May 13,2005
Susan Ruby
City Attorney
200 NW 1 st Avenue
Delray Beach FL 33444
RE: Resolution to Acquire Property by Gift, Purchase, or Eminent Domain
Dear Susan,
At the CRA meeting of May 12, 2005, the Board passed a resolution asking the City
Commission to give the CRA permission to acquire property located at 133 NW 5th
A venue (copy attached). The property consists of a two-story, 10-unit apartment building
that is poorly maintained. The acquisition is consistent with our efforts to redevelop
NW /SW 5th A venue, and will also ensure that the units remain in the pool of affordable
housing.
Attached also is a resolution for the City Commission's approval of the acquisition,
including the use of eminent domain if necessary. I would appreciate it if you could have
the item placed on the next available agenda.
~~
~ ...........
Diane Colonna
Executive Director
c: David Harden, City Manager
20 North Swinton Avenue ~ Delroy Beach, florido 33444 . Phone: 561/276·8640 ~ fox: 561/276-8558 . www.delroycro.org
.. ....¿II..
RESOLUTION NO. C~- O\t>
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE DELRA Y BEACH COMMUNITY REDEVELOPMENT
AGENCY REQUESTING THE CITY COMMISSION OF THE
CITY OF DELRAY 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, THE ELIMINATION OF SLUM
AND BLIGHT AND TO ENCOURAGE MINORITY
BUSINESS DEVELOPMENT 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 elimination of
slum and blight and the redevelopment of the NW and SW 5th Avenue areas; and
WHEREAS, in order to eliminate slum and blight, to encourage minority business
development and to provide land for redevelopment, the Delray Beach Community
Redevelopment Agency desires to acquire certain lands as hereinafter described and as identified
in its NW and SW 5th Avenue Redevelopment Plan; and
WHEREAS, the Community Redevelopment Agency has determined that it is in the
public's interest to proceed with the acquisition of the property 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
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of eminent domain to the extent it determines is necessary for the said acquisition of the property
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:
Parcel J
Lots 4 and 5, REPLAT of Part of Block 27, TOWN OF LINTON,
according to the Plat thereof as recorded in Plat Book 21, page 43 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 NW and SW 5th A venue Redevelopment
Plan as set forth therein.
Section Three: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~y Of~, 2005.
COMMLJNITY REDEVELOPMENT AGENCY
By/ L-/~
A e tedbr 'J .~~ ! ;; / / C airperson
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Secretary
2
RESOLUTION NO. 31-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRffiED 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(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
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:
Parcel J
Lots 4 and 5, REPLAT of Part of Block 27, TOWN OF LINTON,
according to the Plat thereof as recorded in Plat Book 21, page 43 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 the _ day of ,
2005.
MAYOR
ATTEST:
City Clerk
2
RES.NO. 31-05