Res 13-05
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RESOLUTION NO. 13-05
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.
I 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-
I 01.
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:
I Lot 5, LINCOLN ATLANTIC PARK GARDENS,
according to the plat thereof as recorded in Plat Book 23,
Page 226 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 this the _ day of ,
2005.
Mayor
Attest:
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;
City Clerk
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2 RES. NO. 13-05
· I.TCRA ~!e~1VED ~
MAR 1 - 2005
DfLRAY BfACH CITY MANAGER
COMMUNITY REDEVElOPMENT AGENCY
MEMO
To: David Harden, City Manager
From: Diane Colonna, CRA Executive Directork~~
Date: February 28, 2005
RE: Resolution Regarding Acquisition of Property on SW 14th Avenue
The attached resolution is a request to the City to authorize the CRA to acquire a duplex located
at SW 14th Avenue by gift, purchase, or eminent domain (see Lot "T" on attached map). The
CRA owns the adjacent six parcels and a seventh (Lot "U") is currently under contract. The
subject property is necessary in order to develop 15 affordable townhouse units on a total of 1.26
acres. The property was identified as a potential acquisition in the recently adopted CRA Plan
under Project 1.3 Southwest Neighborhood Plan and Project 2.10 Affordable Housing.
The duplex is one of several on this block that are owned by absentee landlords and maintained
in a slum and blighted condition. One of the main priorities of the Southwest Neighborhood Plan
is to address the conditions of the duplexes in this area. The construction of an affordable
owner-occupied townhouse development will bring much needed improvement and stability to
the SW 14th Avenue neighborhood. Numerous attempts have been made over the past year or
more to contact the property owner regarding the proposed purchase, with no response.
Please have this item placed on an upcoming City Commission agenda. Thank you for your
attention to this matter.
9~
20 North Swinton Avenue ~ Delroy Beach, florida 33444 ~ Phone: 561/276·8640 ~ fax: 561/276-8558 ~ www.delraycra.org
RESOLUTION NO. 13-05
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 05-01.
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:
Lot 5, LINCOLN ATLANTIC PARK GARDENS,
according to the plat thereof as recorded in Plat Book
23, Page 226 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.
Mayor
Attest:
City Clerk
2 RES. NO. 13-05
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RESOLUTION NO. O~..O\
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 FOR THE PROVISION OF
AFFORDABLE/WORKFORCE HOUSING 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 Southwest neighborhood including opportunities to provide affordable and workforce
housing; and
WHEREAS, the Delray Beach Community Redevelopment Agency has acquired or has
under contract seven (7) lots on the east side ofS.W. 14111 Avenue in the block between S.W. 1st
Street and SW 2nd Street; and
WHEREAS, in order to eliminate slum and blight and to provide land for affordable and
workforce housing, the Delray Beach Community Redevelopment Agency desires to assemble
certain lands for redevelopment as identified in its Southwest Neighborhood 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
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:
Lot 5, LINCOLN ATLANTIC PARK GARDENS, according to the plat
thereof as recorded in Plat Book 23, page 226 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 Southwest Neighborhood Redevelopment
Plan" and AffordablelW orkforce Housing Program as set forth therein.
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Section Three: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this "Z'11-dayof ~ ,2005.
CO~TYREDEVELOPMENTAGENCY
By: cà-u ~-
Chairperson
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Scretary
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hi , PROJECT #1.3 - S.W. NEIGHBORHOOD
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-~~'- I REDEVELOPMENT PLAN
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. JANUARY 211œ I S.W. 12TH - 14TH AVENUES
- POTENTIAL ACQUISITION I - MAP B.1 -
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I CITY aF DELRAY BEACH, FL I NOTE: SEE REVERSE SIDE FOR LEGEND
PlANNING .. ZONNG DEPARNENT
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