Res 03-99RESOLUTION NO. 3-99
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. 98-6, 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:
Lot 9, Revised Plat of Block 36, according to the
Plat thereof recorded in Plat Book 5, Page 38 of
the Public Records of Palm Beach County, Florida.
Section 2. That this
immediately upon passage.
resolution shall take effect
PASSED AND ADOPTED in regular session on this the 5th day
of January, 1999.
ATTEST:
~City Cl~rk -;
- 2 - Res. No. 3-99
J
MARTIN
ti
LUTHER KING JR,
DRIVE N.W.
CI T Y
ATTORNEY
BUILDING
2ND
FIRE
S TA TION
NO. I
1ST ST.
ATLANTIC
CITY
HALL
COMMUNITY
CENTER
TENNIS
STADIUM
IST
POLICE
COMPLEX
ST,
SOUTH
COUNTY
COURT
HOUSE
N
ROLLE
ST. N.E. 3RD ST,
ST. N.E. 2ND ST.
OLD
SCHOOL
SQUARE
AVENUE
S.W. IST ST. S.E. 1ST ST.
PROPERTY
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY I~r~'q'AGER~.
AGENDA ITEM ~. fi'- REGULAR MEETING OF JANUARY 5, 1999
RESOLUTION NO. 3-99 (AUTHORIZING THE ACQUISITION
PROPERTY BY THE COMMUNITY REDEVELOPMENT AGENCY)
DATE: DECEMBER 28, 1998
O~
The CRA Board of Commissioners approved Resolution No. 98-6 (copy
attached) at their meeting of December 17, 1998. It requests the
City Commission's authorization for the Community Redevelopment
Agency to acquire Lot 9 of the Revised Plat of Block 36 (known as
the Rolle property) for incorporation into programmed
redevelopment activities.
Recommend approval of Resolution No. 3-99.
ref:agmemol0
A RESOLUTION OF 'r~ BOARD OF COMMISSIONERS OF THE DELRA¥ BEACH
COMMUNITY REDEVELOPMENT AGENCY ~EQUESTING THE CIT~ 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
TN PCELIC PD~R~OSE OF REDEVELOPMENT IN ACCORDANCE WITH TME COMMUNITY
REDEVELOPMENT PLAN~ ARD FOR OTHER PURPOSES.
WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted
a Co~m~unity Redevelopment Plan for the area within its Jurisdiction~ and
WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the
C~aunity ~edevelo~m~ent Agency has established goals and objectives with respect
to the revitalization of the downtown business district and the encouragement of
new ~olercial activities within the community redevelopment area~ and
WHEP~AS, the City Co~ission of the City of Delray Beach is in the process
of a~roving a ~odification to the Co,unity Redevelo~nent Plan to provide for,
~ong other things, the Mount Olive Redevelopment Project to encompass the real
property described as:
Lot 9, Revised Plat of Block 36, according to the Plat thereof
reoorded in Plat Book 5, Page 38, of the Public Records of Palm
Beach County, Florida.
~HEREAS, a cc~onent of the above described project is the acquisition of
lands necessary to facilitate said project~ and
WHEREAS, the Co--unity 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
Section 163.370 and Section 163.375 Florida Statutes it is a~ropriate to request
the City of Delray Beach to authorize the Delray Beach COmmunity Redevelopment
Agency to exercise the ~ower of eminent domain subject to the Amendment to the
Plan as above referred to and to the extent it determines is necessary for the
said acquisition of the property described above.
NO~, THEREFORE, BE IT RESOLVED by the Board of C~issioners of the Delray
Beach Community Redevelopment Agency that=
Section One= The City commission of the City of Delray Beach is
hereby requested u~on their final adoption of the modification of the Community
Redevelopment Plan as above described to authorize the acquisition of the
following parcel of real property legally described above, by gift· purchase· or
eminent domain as described in Sections 163.370 and 163.376 Florida Statutes and
Cha~ters 73 and 74 Florida Statutes. The Delray Beach Con~nunity 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 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 more particularly the
Mount Olive Redevelopment Project as contained therein.
Section Three~ This Resolution shall take effect immediately upon ~assege.
PASSED..AND ADOPTED this J~ day of ~--
· 1998.
CO~D~VELOPMENT AGENCY
Community
Redevelopment
Agency
Delray Beach
December 18, 1998
Ms. Alison MacGregor Harry
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: CRA Resolution 98-6
Dear Alison:
The CRA Board of Commissioners approved the above-referenced resolution (copy enclosed) at
their meeting of Thursday, December 17, 1998, requesting the City to authorize the CRA to acquire
a certain property on Block 36. Enclosed is a resolution prepared by Bob Federspiel for the City
Commission's approval. Would you please put this item on the next City Commission agenda.
Please tatum a fully executed copy to me.
Thank you for your assistance.
Sincerely,
Diane Hervey
Assistant to the Director
/d
Enclosures
RECEIVED
CID' CLERK
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
=So u ZON NO.
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 Co~unity 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. ~- ~ 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: The Delray Beach Co,unity 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 9, Revised Plat of Block 36, according to the Plat
thereof recorded in Plat Book 5, Page 38 of the Public
Records of Palm Beach County· Florida.
Section 2: This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED in regular session on the day of __
· 1998.
ATTEST:
MAYOR
City Clerk