Res No. 97-18 SOLUTION INTO. 97-18
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO NOEL S. SMITH,
FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 49
PALM SQUARE,AS FURTHER DESCRIBED HEREIN;DETERMINING THAT THE
COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATION (LDR) SECTION 4.5.1 Q), TAX EXEMPTION FOR
HISTORIC PROPERTIES;PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is
designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant
elements of the City's historical, cultural, social, economic,political, archaeological, and architectural identity;
and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an
ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties
(Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase
interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such
Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend
that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Historic Property Ad Valorem Tax Exemption Application
for review by the Historic Preservation Board on July 18,2018,of an ad valorem tax exemption for the historic
restoration, renovation, and improvement of the property located at 49 Palm Square, and the Historic
Preservation Board determined that the completed improvements were consistent with LDR Section 4.5.1 Q)
and recommended approval to grant an ad valorem City tax exemption to Noel S. Smith, for the restoration,
renovation, and improvement to the property located at 49 Palm Square.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. The City Commission hereby deternalnes that the completed improvements to the property
located at 49 Palm Square, as described in the application for ad valorem tax exemption filed with the City,
were consistent with LDR Section 4.5.1�.
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner,
Noel S. Smith, for a ten (10) year period, commencing on January 1, 2019, from that portion of ad valorem
taxes levied on the increase in assessed value,between January 1,2019 and December 31,2028,resulting from
the renovation, restoration, and rehabilitation of the property located at 49 Palm Square, which property is
legally described as follows and which improvements are described in Historic Preservation Board Certificate
of Appropriateness No. 2018-097:
Parcel A:
Commencing at the northwest corner of block 125,Town of Linton, Florida (now known as
Delray Beach), according to the plat thereof, on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book 1, Page 3; thence easterly along
the north line of said block 125, a distance of 362.27 feet to a point, said point being 51.1 feet
east of the northwest corner of block 133 of said plat; thence southerly parallel to the west
line of said block 133, a distance of 338.60 feet to the point of beginning; thence westerly
parallel to the north line of said block 133 to the east right of way line of Palm Street;thence
southerly along said east right of way line, a distance of 75 feet; thence easterly parallel to the
north line of said block 133, a distance of 110 feet; thence northerly parallel to the east right
of way line of Palm Street, a distance of 50 feet; thence easterly parallel to the north line of
said block 133,a distance of 12 feet,more or less,to a point,said point being 51.15 feet easterly
of the west line of said block 133; thence northerly parallel to the east right of way of Palm
Street, 25 feet to the point of beginning.
Also known as lot 64 (less the east 3 feet) and all of lots 65 and 66,Palm Square,unrecorded.
Parcel B:
A parcel of land in Block 125 and Block 133,Town of Linton,Florida (now known as Delray
Beach), according to the plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County,Florida,in Plat Book 1,Page 3,being more particularly described
as follows:
Commence at the northwest corner of said block 125;thence easterly, along the north line of
said block 125, a distance of 311.12 feet to the northwest corner of said block 133; thence
southerly,along the west line of block 133 (also being the east line of block 125), a distance of
338.60 feet to the point of beginning;thence easterly parallel with the north line of said block
133, a distance of 51.15 feet to a point;thence northerly along a line parallel with the said west
line of block 133, a distance of 12.5 feet to a point; thence westerly, along a line parallel with
the said north line of blocks 133 and 125,a distance of 122.27 feet to the east right of way line
2 Res.No.97-18
of Palm Way;thence southerly,along the said east right of way line of Palm Way,being parallel
with the said east line of block 125, a distance of 12.5 feet to a point; thence easterly,,along a
line parallel with the said north line of block 125,a distance 71.12 feet to the point of beginning.
i
Also known as the south one half of lot 63,less the east three feet,Palm Square,unrecorded.
Section 3. Prior to the ad valorem tax exemption described herein being effective,Noel S. Smith shall
execute and record a restrictive covenant in a form established by the State of Florida, Department of State,
Division of Historical Resources,requiring the qualifying improvements be maintained during the period that
the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical
Preservation Planner.
Section 4. This resolution shall take effect in accordance with law.
SL dof August,2 S.
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PASSED AND ADOPTED in re 1
regular session on �. .....,
( g ��
Shelly Petrolia,May
ATTEST:
Katerri Johnson, ty Clerk
APPROVED AS TO FORTND
LEGAL SUFFICIENCY.
'ell .......
Max Lo a City ttorney
3 Res.No.97-18