Res 94-02RESOLUTION NO. 94-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE ACQUISITION OF FEE SIMPLE
TITLE TO CERTAIN REAL PROPERTY HEREAFTER
DESCRIBED FOR THE PUBLIC PURPOSE OF CLEARING
TITLE TO THE SUBJECT PROPERTY, FOR PROVIDING
PUBLIC PARKING IN DOWNTOWN DELRAY BEACH
AND FOR STIMULATING ECONOMIC DEVELOPMENT
IN THE DOWNTOWN AREA OF THE CITY OF DELRAY
BEACH; 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, on or about September 14, 1936, the City of Delray Beach was grantee on a
certain Right-of-Way Deed recorded at Deed Book 533, page 103 concerning certain lands more
partica)larly legally described on attached Exhibit "A";
WHEREAS, said Right-of-Way Deed contains a provision stating that the lands conveyed
therein be used for public street purposes "with the express understanding and condition that
should the same ever be discontinued or abandoned as a public street, the rifle to the same shall
thereupon revert to and revest in the parties of the first part, or assigns"; and
WHEREAS, since the date of said Right-of-Way Deed, the City of Delray Beach has
continuously utilized the subject lands for public purposes. However, for in excess of twenty-one
(21) years, the lands have not been utilized as a public street but rather have been used for public
parking; and
WHEREAS, the City of Delray Beach is currendy a party to an Agreement with Block 77
Development Group, L.C. dated January 4, 2000; and
WHEREAS, pursuant to said Agreement, the City of Delray Beach is obligated to convey
certain lands, including those lands described in attached Exhibit "A" to the Delray Beach
Community Redevelopment Agency in furtherance of a mixed use, redevelopment project on
Blocks 77 and 69, TOWN OF LINTON; and
WHEREAS, said redevelopment project will increase public parking in downtown De[ray
Beach and provide for improvements to Worthing Park, a City park; and
WHEREAS, said redevelopment project will include the construction of approximately 219
residential apartment units and approximately 18,000 SF of commercial and/or retail space in the
downtown area of the City of De[ray Beach; and
WHEREAS, said redevelopment project will provide economic stimulation and investment
in the Central Business District and will increase night-time activity in the downtown area; and
WHERI~.8S, it is necessary for the City of Delray Beach to remove or eliminate the deed
restriction/reverter set forth in the above conveyance so that the City may continue to use the
subject property for public parking or, in the alternative, so that the City has clear title to said lands
in order to convey the same to the Delray Beach Community Redevelopment Agency for
redevelopment purposes; and
WHEREAS, the clearing of the tire to the subject lands in order to permit its continued use
for parking or as a component of a redevelopment project serves the public purpose of
redevelopment and stimulating economic development pursuant to Section 166.021 (9), Fla. Stat. in
the downtown area of the City of Dekay Beach.
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.
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 cleating title to the subject property,
for providing public parking and for redevelopment and stimulating economic development in the
downtown area of the City of De[ray 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 De[ray 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.
2 RES. NO. 94-02
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
dayof ~~~
,2002.
Attest:
City Clerk
CITY OF DRI.RAY BEACH, FLORIDA
MAYOR
3 RES. NO. 94-02
[ITY DF DELRrlY BErI[H
CITY ATTORNEY'S OFFICE
1993 TO:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
November 14, 2002
City Commission
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Resolution 94-02
The City owns Lots 7 and 13 and acquired the north 16 feet of Lots 7 and 13 by
right-of-way deed in 1936. Blocks 7 and 13, including the North 16 feet thereof, is
to be conveyed to the CRA which, upon closing, will then be conveyed to Block 77
for the Worthing Place development.
The City needs to acquire the property by eminent domain for the purpose of
having absolute right to the property to use as a City parking lot and in the
alternative in order to convey legal title for the Worthing Place redevelopment
project and in order to receive increased substitute parking under the City's
agreement with Block 77.
The right-of-way deed contains a reverter clause that states that if the north 16
feet is discontinued or abandoned as a public street, the title will revert to the
Grantor or his or her assigns. The City has used the north 16 feet for parking
purposes for more than 21 years. Dharma has purchased whatever rights the
Seller's heirs have in the north 16 feet of the property on Lots 7 and 13.
Our office recommends that the resolution authorizing eminent domain be
approved in order to secure the land for its current parking purposes or in the
alternative to further the redevelopment and receive increased parking to the City
under our agreements.
Please place this Resolution 94-02 on the November 19, 2003 City Commission
Attachment
cc: David T. Harden, City Manager
Barbara Garito, City Clerk
RESOLUTION NO. 94-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL
PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE
OF CLEARING TITLE TO THE SUBJECT PROPERTY, FOR
PROVIDING PUBLIC PARKING IN DOWNTOWN DELRAY BEACH
AND FOR STIMULATING ECONOMIC DEVELOPMENT IN THE
DOW2qTOWN AREA OF THE CITY OF DELRAY BEACH;
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, on or about September 14, 1936, the City of Delray Beach was grantee on a certain
Right-of-Way Deed recorded at Deed Book 533, page 103 concerning certain lands more particularly
legally described on attached Exhibit "A";
WHEREAS, said Right-of-Way Deed contains a provision stating that the lands conveyed therein
be used for public street purposes "with the express understanding and condition that should the same ever
be discontinued or abandoned as a public street, the title to the same shall thereupon revert to and revest in
the parties of the first part, or assigns"; and
WHEREAS, since the date of said Right-of-Way Deed, the City of Delray Beach has continuously
utilized the subject lands for public purposes. However, for in excess of twenty-one (21) years, the lands
have not been utilized as a public street but rather have been used for public parking; and
WHEREAS, the City of Delray Beach is currently a party to an Agreement with Block 77
Development Group, L.C. dated January 4, 2000; and
WHEREAS, pursuant to said Agreement, the City of Delray Beach is obligated to convey certain
lands, including those lands described in attached Exhibit "A" to the Dekay Beach Community
Redevelopment Agency in furtherance of a mixed use, redevelopment project on Blocks 77 and 69, TOWN
OF LINTON; and
WHEREAS, said redevelopment project will increase public parking in downtown Delray Beach
and provide for improvements to Worthing Park, a City park; and
WHEREAS, said redevelopment project will include the construction of approximately 219
residential apartment units and approximately 18,000 SF of commercial ancL/or retail space in the
downtown area of the City of Delray Beach; and
WHEREAS, said redevelopment project will provide economic stimulation and investment in the
Central Business District and will increase night-time activity in the downtown area; and
WHEREAS, it is necessary for the City of Delray Beach to remove or eliminate the deed
restriction/reverter set forth in the above conveyance so that the City may continue to use the subject
property for public parking or, in the alternative, so that the City has clear title to said lands in order to
convey the same to the Delray Beach Community Redevelopment Agency for redevelopment purposes;
and
WHEREAS, the clearing of the title to the subject lands in order to permit its continued use for
parking or as a component of a redevelopment project serves the public purpose of redevelopment and
stimulating economic development pursuant to Section 166.021(9), Fla. Stat. in the downtown area of the
City of Delray Beach.
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.
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 clearing title to the subject property, for providing public
parking and for redevelopment and stimulating economic development in the downtown area of the City of
Delray Beach.
Section 3: The City Attomey 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.
2 RES. NO. 94-02
PASSED AND ADOPTED this
~day of
.,2002.
CITY OF DELRAY BEACH, FLORIDA
Attest:
MAYOR
City Clerk
RES. NO. 94-02
Th~ North Sixteen (16.0) feet of Lot 7, Block 77,
TOWN OF LINTON (now Delray Beach), according to
the Plat thereof recorded in Plat Book 1, page 3 of the
Public Records of Palm Beach County, Florida
AND
The North Sixteen (16.0) feet of Lot 13, Block 77,
TOWN OF LINTON (now Delray Beach), according tn
the Plat thereof recorded m Plat Book 1, page 3 of the
Public Records of Palm Beach County, Florida.
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