Res 92-04
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RESOLUTION NO. 92-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND
i DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE
TO CERTAIN REAL PROPERTY HEREAFTER DESCRIBED
FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF
A MUNICIPAL COMMUNITY CENTER; 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 a community center for the residents of
I 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
I and a soccer complex in the City of Delray Beach; and
I WHEREAS, the City of Delray Beach has conducted an analysis of vacant land within the
I 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
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i construct a community center 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 DELRAY BEACH, FLORIDA THAT:
Section 1: The City Commission adopts and ratifies those matters set forth in the foregoing
recitals.
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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 constructing a community center for
use by residents of the City of Delray Beach.
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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 Chapters 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.
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Section 5: This Resolution shall take effect immediately upon passage.
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PASSED AND ADOPTED this _ day of , 2004.
! I CITY OF DELRA Y BEACH, FLORIDA
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MAYOR
i Attest:
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City Clerk
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2 ORDINANCE NO. 92-04
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! EXHIBIT "A"
I Parcell, Parcel 3 and Tract R, THE COMMONS, according to the
plat thereof on file in the office of the Clerk of the Circuit Court in
Plat Book 57, page 11 of the Official Records of Palm Beach County,
Florida.
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I 3 ORDINANCE NO. 92-04
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. [IT' DF DEiRAY BEA[H
CITY ATTORNEY'S OFFICE 'Oil Ì'J\V ht -\Vl:'\l E' DFLRAY BEACH. FLORIDA 33~~4
TfLEPHONE .:'61 /'::-P-:Ot)() . FACSI\IILE 561íDS-4755
DELRAY BEACH Writer's Direct Line. 561/243-7091
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D.8I:II
All-America City MEMORANDUM
" III! DATE: December 9,2004
City Commission
1993 TO:
2001 David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Notification and Offer Letter and Resolution - The Commons
Attached please find the Notification and Offer Letter and Resolution for the
above-referenced property.
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Attachment
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December , 2004
Dominick Alfieri and
Alfieri - Delray Beach Commons, LLC
399 Thomall Street
Edison, NJ 08837
NOTIFICATION AND OFFER LETTER
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Acquisition of lands by the City of Delray Beach
Legal Description: See attached Exhibit "A"
Parcel 1
Dear Sir/Madam:
As you may know, the City of Delray Beach is interested in acquiring certain lands
necessary for the public purpose of construction of a new community center. The area
selected for this municipal project is a portion of the Commons subdivision as more
particularly described on attached Exhibit "A."
A search of the Public Records indicates that Dominick Alfieri and Alfieri - Delray
Beach Commons, LLC are the owners of the lands needed for the project, said lands
being legally described on attached Exhibit "A." The City of Delray Beach will seek to
acquire fee simple title to this property.
The City of Delray Beach hereby offers Dominick Alfieri and Alfieri - Delray Beach
Commons, LLC, as owners, the sum of in full and
complete compensation or payment for the subject property, including
any damages to the remainder, if any.
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Dominick Alfieri and
Alfieri - Delray Beach Commons, LLC
December , 2004
Page 2
This offer shall remain in effect for thirty (30) days following your receipt of this
letter and shall be deemed rescinded thereafter unless extended in writing. This offer
is subject to the claims and interests, if any, of all other parties in and to the subject
property, including potential apportionment claims of tenants, easement holders, claims
for leasehold improvements, and other matters, and you will be responsible for payment
of the same out of the settlement/closing proceeds. Marketable insurable title must be
conveyed to the City of Delray Beach free and clear of all mortgages, liens and other
interests in the subject property. Real estate taxes will be prorated to the date of closing.
You are further advised that this offer is not less than the appraised value of the property.
Within fifteen (15) business days after receipt of request by you, the City of Delray
Beach will provide a copy of the appraisal report upon which this offer is based. Also, to
the extent prepared, copies of plans or maps depicting the proposed taking, and to the
extent prepared, copies of construction plans that depict project improvements to be
constructed on the property taken are likewise available to you upon request.
As owners of the subject property, you will have not less than thirty (30) days after
receipt of this letter to respond to the offer before the City of Delray Beach files an
eminent domain proceeding to acquire the subject property. If you decide not to accept
this offer and would like to submit a counteroffer, please do so within thirty (30) days of
receiving this offer. You also have the right to submit to the City of Delray Beach a
complete appraisal report of your property. We ask that you submit your appraisal as
soon as possible and within thirty (30) days of receipt of this letter.
Pursuant to Section 73.091, Florida Statutes, the City of Delray Beach, as the Petitioner
in an eminent domain proceedings, shall pay all attorneys' fees as provided by Section
73.092, Florida Statutes, as well as all reasonable costs incurred in defense of the
proceedings in the Circuit Court, including, but not limited to, reasonable appraisal fees
and, when business damages are compensable, a reasonable accountant's fee, to be
assessed by the Court.
If a settlement is reached prior to a lawsuit being filed, you, as owners, shall be entitled to
recover costs in the same manner as provided in Section 73.091 and attorneys' fees in the
same manner as provided in Section 73.092, Florida Statutes, and as more fully described
in Section 73.015, Florida Statutes.
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Dominick Alfieri and Alfieri -
Delray Beach Commons, LLC
December , 2004
Page 3
Evidence of negotiations or of any written or oral statements used in negotiations under
Section 73.015, Florida Statutes, are inadmissible in any condemnation proceeding,
except in a proceeding to determine reasonable costs and attorneys' fees.
On behalf of the public interest, the City of Delray Beach is always amenable to an
amicable resolution of acquiring property needed for its public projects and I will be
happy to meet with you or your representatives to discuss the same.
Sincerely yours,
William P. Doney
WPD/ks
Attachments
cc: Susan Ruby, City Attorney
RESOLUTION NO. 92-04
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 MUNICIPAL COMMUNITY CENTER; 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 pubhc 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 a community center 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
construct a community center 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 1: The City Commission adopts and ratifies those matters set forth in the foregoing
recitals.
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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 constructing a community center 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 Chapters 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 ORDINANCE NO. 92-04
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EXHIBIT "A"
Parcell. Parcel 3 and Tract R. THE COMMONS, according to the
plat thereof on file in the office of the Clerk of the Circuit Court in
Plat Book 57, page 11 of the Official Records of Palm Beach County,
Florida.
3 ORDINANCE NO. 92-04
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