Res 81-00RESOLUTION NO. 81-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY 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(1)(e)(2), 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, the City Commission of the City of Delray Beach, Florida, has been
requested by Resolution No. 00-1, adopted by the Delray Beach Community Redevelopment Agency, to
authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property
described therein; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY 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 5, 6, 7, 8, 9 and 10, Block 53, Town of Linton (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3 (Sheet 2),
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 17th day of October, 2000.
MAYOR
ATTEST:
City Clerl~
-2- Res. No. 81-00
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A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE DELRAY 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 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 revitalization of the
downtown business district and the redevelopment of the West
Atlantic Avenue redevelopment area; and
WHEREAS, one of the projects set forth in the Plan is the
"South County Courthouse Expansion Redevelopment Project," such
project as set forth in the Plan, encompassing the acquisition of
certain properties lying within Block 53, TOWN OF DELRAY0 according
to Plat Book 1, Page 3 as more particularly described hereinafter
in this Resolution; and
WHEREAS, a component of the above described project is
the acquisition of lands necessary to facilitate said project
including the expansion of the South County Courthouse and the
providing of additional parking to service the expanded Court
facilities; 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:
SectiQD One: The City Commission of the City of Delray
Beach is hereby requested to authorize the acquisition of the
following parcels of real property legally described as follows:
Lots 5, 6, 7, 8, 9 and 10, Block 53, Town of
Linton (now Delray Beach), according to the
Plat thereof as recorded in Plat Book 1, page
3 (Sheet 2), 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 properties following the
delegation of the above described power of eminent domain by gift,
purchase, or eminent domain.
Section TwQ: The Board of Commissioners of the Community
Redevelopment Agency hereby determines that it is necessary 5o
acquire the property described above pursuant to its Community
Redevelopment Plan and more particularly the South County
Courthouse Expansion Redevelopment Project as contained therein.
Section Three: This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~?~ day of -g67~/-£~~-~--
2000.
At~,ested by:~
COMMUNITY REDEVELOPMENT AGENCY
[ITY OF DELRI:IY BEI:I[H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
1993
DATE:
TO:
MEMORANDUM
October 5, 2000
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Property Acquisition by the CRA Pursuant to Interlocal Agreement
The City, the CRA and Palm Beach County entered into an agreement in 1986, which was
amended in 1993 and 1997, regarding the building of the South County Courthouse and the
expansion thereof. In this agreement as amended, certain property was to be acquired by
the CRA and then transferred to Palm Beach County.
We have received a request from the CRA to pursue acquisition by girl, purchase, or
eminent domain.
Please place this resolution authorizing the CRA to acquire the property on the October 17,
2000 City Commission agenda. The property to be acquired is set forth on the attached
SAR:ci
Attachment
CC:
Diane Dominguez, Director, Community Redevelopment
Bill Doney, Esq.
Alison Harty, City Clerk
DELRAY BEACH
COMMUNITY REDEVELOPMENT
AGENCY
October 2, 2000
Susan Ruby, Esq.
City Attorney
City of Delray Beach
200 NW 1 st Avenue
Delray Beach, FL 33444
RE: Norris Property Acquisition
Dear Susan:
The CRA Board of Commissioners approved Resolution 00-1 at their regular meeting of September
28, 2000. This resolution requests approval by City Commission to authorize the CRA to acqmre
the Norris property on SW 2nd Avenue. Enclosed is an executed copy of Resolution 00o 1.
Bill Doney has forwarded a copy of the proposed City Resolution for our files. We would appreciate
it if this Resolution could be on the Commission agenda for October 17th. After approval, please
send me an executed copy.
Thank you for your assistance..l, ' I '[ '?:, '~ ' ~:-'"
Sincerely, : '~, L~Tt~ -- /l2000
Diane Hervey
Assistant to the Director
/d
enclosure
24 North Swinton Avenue · Delray Beach, Florida 33444
561-276-8640 · Fax 561-276-8558