Res 06-02RESOLUTION NO. 6-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE ACQUISITION OF TITLE TO
CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED
IN FEE SIMPLE FOR STORMWATER RETENTION
PURPOSES; DECLARING THAT THE ACQUISITION OF
THE PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSES; AUTHORIZING THE HIRING OF APPRAISERS
AND EXPERTS IN OTHER DISCIPLINES AND THE FILING
OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO
SECTIONS 73 AND 74, FLORIDA STATUTES; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Manager has recommended the acquisition of fee simple title to
certain real property for stormwater retention; and
WHEREAS, the City Commission of the City of Delray Beach is exercising its authority of
eminent domain pursuant to Chapters 73, 74 and 166, Florida Statutes, as amended; and
WHEREAS, the acquisition of this property is necessary to provide for proper stormwater
retention; and
WHEREAS, the City Commission finds and agrees that the acquisition of real property
described in Exhibit "A" is necessary for the purposes set forth above, and as such constitutes a
public necessity deemed to be in the best interest of the residents of the City of Delray Beach; and
WHEREAS, in order to accomplish the acquisition of this property for said public
purposes, it is necessary for the City Manager and the City Attorney, or her designee, to take legal
action and to employ real estate appraisers and other experts deemed necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, THAT:
Section 1.
foregoing recitals.
This City Commission adopts and ratifies those matters set forth in the
Section 2. The City Attorney, or her designee, is hereby authorized and directed to
proceed to take all necessary steps, including the hiring of appraisers and experts in other
disciplines as necessary, for the City of Delray Beach to acquire fee simple tide in its own name by
donation, purchase or eminent domain proceedings, the property described on Exhibit "A" and to
prepare in the name of the City of Delray Beach all papers, pleadings and other instruments
required for that purpose, and to see that all eminent domain proceedings are prosecuted to
judgment.
Section 3. The City Attorney and the City Manager are hereby authorized and
directed to take such further actions as are reasonably required to fully accomplish the purposes
hereinabove directed.
Section at. This Resolution shall take effect immediately upon passage.
0
in regular s ssion on this the ff day of nuary, ~ 2.
MAYOR
ATTEST:
City Clerk
2 RES. NO. 6-02
~: ~" ~:' THU ]4 56 FAX 561 243 3774 CITY CLERK
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RESULT 0~
EXH/BIT "A"
Parcel A. Norjac Plat, According to the Plat thereof, as recorded m Plat
Book 79. Pages 51 & 52, Palm Beach County, Florida
[lTV OF OELRrI¥ BErlCH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's DIrect LIne. 561/243-7091
1993 DATE:
January 2,2002
MEMORANDUM
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Authorization to Commence Eminent Domain Proceedinqs and
Appointment of Outside Counsel
Our office requests authorization from the Commission regarding the
commencement of eminent domain proceedings against the parcel as shown on
the attached map and as evidenced by the attached resolution. The City needs
this property for stormwater retention. We have tried to negotiate a price with the
owners, unsuccessfully.
As part of the eminent domain process, our office would also like authorization
from the Commission to make a formal offer to the owner of the property in the
amount of $7.00 per square foot which equates to $541,730.00. In addition our
office recommends the Commission appoint Bill Doney as outside counsel for this
matter at the rate of $200.00 per hour.
Please place this item on the January 8, 2002 City Commission agenda. Please
call if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 6-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE ACQUISITION OF TITLE TO CERTAIN REAL PROPERTY
HEREINAFTER DESCRIBED IN FEE SIMPLE FOR STORMWATER
RETENTION PURPOSES; DECLARING THAT THE ACQUISITION
OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSES; AUTHORIZING THE HIRING OF APPRAISERS AND
EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO SECTIONS 73 AND 74,
FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Manager has recommended the acquisition of fee simple title to certain real
property for stormwater retention; and
WHEREAS, the City Commission of the City of Delray Beach is exercising its authority of eminent
domain pursuant to Chapters 73, 74 and 166, Florida Statutes, as amended; and
WHEREAS, the acquisition of this property is necessary to provide for proper stormwater retention;
and
WHEREAS, the City Commission finds and agrees that the acquisition of real property described in
Exhibit "A" is necessary for the purposes set forth above, and as such constitutes a public necessity deemed
to be in the best interest of the residents of the City of Delray Beach; and
WHEREAS, in order to accomplish the acquisition of this property for said public purposes, it is
necessary for the City Manager and the City Attorney, or her designee, to take legal action and to employ
real estate appraisers and other experts deemed necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, THAT:
Section 1.
recitals.
This City Commission adopts and ratifies those matters set forth in the foregoing
Section 2. The City Attorney, or her designee, is hereby authorized and directed to proceed to
take all necessary steps, including the hiring of appraisers and experts in other disciplines as necessary, for
the City of Delray Beach to acquire fee simple title in its own name by donation, purchase or eminent
domain proceedings, the property described on Exhibit "A" and to prepare in the name of the City of
Delray Beach all papers, pleadings and other instruments required for that purpose, and to see that all
eminent domain proceedings are prosecuted to judgment.
Section 3. The City Attorney and the City Manager are hereby authorized and directed to take
such further actions as are reasonably required to fully accomplish the purposes hereinabove directed.
Section 4. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on this the ~ day of January, 2002.
ATTEST:
MAYOR
City Clerk
2 RES. NO. 6-02
EXHIBIT "A"
Parcel A, Norjac Plat, According to the Plat thereof, as recorded in Plat
Book 79, Pages $1 & 52, Palm Beach County, Florida
City Of Delray Beach
Department of Environtnentai Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Randal Krejcarek, P.E., City Engineer ,~¢:~~
03 Jan 2002
Marty Fladell Drive & NW 18th Avenue
2000 Road Bond Project # 2000-044
Authorization to Commence Eminent Domain Proceedings
Commission Agenda Item
The above referenced agenda item is to purchase property, along the NW 18~ Avenue corridor, for
storm water retention. This corridor was included in the 2000 Road Bond Program.
NW 18th Avenue is located within commercial zoning. Approximately 70% of the existing corridor is
developed. As part of the preliminary design the consultant reviewed the drainage requirements
along this corridor. The road naturally drains from south to north. It was determined that a permit
would be required from Lake Worth Drainage District and any storm water system would have to
include retention. Several conditions were required in order to site the retention area in a location
that would best serve the corridor. The property identified in this agenda item meets the
requirements of size and location, as well as being vacant.
Thanks
CC:
Richard Hasko, P.E.
file: 2000-044 (A)
~tESSRVOO2~DEPARTMENTS~EngAdminV:)rojectst2000~2000-O44tOFFICIALtagenda memo 08jan 2002. doc
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EXHIBIT "A" NORJAC PLAT
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