Res 41-02RESOLUTION NO. 41-02
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DEL/LAY 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) and Section 163.375, Florida
SLatutes, 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. 02-02, 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 thereto; 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 FOI.I.OWS:
Section 1. That the Delray Beach Community Redevelopment Agency is hereby
authorized to acquire fee simple rifle by gift, purchase or eminent domain that certain
property more specifically legally described as follows:
Res. No. 41-02
II
Tracts B and C, BELAIR HEIGHTS REPLAT according to
the plat thereof recorded in Plat Book 73, page 17 of the
Official Records of Palm Beach County, Florida.
Section 2. That this resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on the ~,~'~,day of~'~~
2002.
MAYOR
ATFEST:
City Clerk
Res. No. 41-02
CITY OF DELRI:IY BEACH
CiTY ATTORNEY'SOFFICE ~00 Nw 1st AVFNUE. D~LRA¥ BFAC,, FLORID~ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
May 2, 2002
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Resolution No. 41-02
Wdter's Direct Line: 561/243-7091
The CRA unanimously passed Resolution 02-02 requesting the City's
authorization for the CRA's acquisitioning of the Bilo Market and laundry located at
910 and 926 West Atlantic Avenue.
Fla. Stat. 163.370(1)(E)(2) provides that the City must approve eminent domain
proceedings. The CRA desires to acquire the property by purchase or eminent
domain.
Our office requests that Resolution 41-02 be placed on the City Commission
agenda for May 7, 2002.
Attachment
Cc:
John Weaver, Chairman, CRA
Diane Dominguez, Executive Director, CRA
RESOLUTION NO. ~[ - t9 ~.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DEl.,KAY 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;
PROVIDINO AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
V~AF. REAS, by Ordinance No. 46-85 adopted by thc City of Delray Beach, the
City Commission of thc City of Dclray Beach, Florida, created thc Defray Beach
Community Redevelopment Agency; and
WItEREAS, pursuant to Section 163.370(1XeX2) and Section 163.375, Horida
Statute. s, the I~lray Beach Community Redevelopment Agency possesses the power to
acquire by gift, purchase or eminent domain any real property within thc community
redevelopment area; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has been
requested by Resolution No. 02-02, adopted by the Delray Beach Community
Redevelopment Agency, to authorize the acquisition in fee simple by girl, purchase or
eminent domain, of certain property described therein; and
WHEREAS, Section 163.370(1)(cX2), 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 thc
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 h~cinafier 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 girl, purchase or eminent domain that certain
proper~y more specifically legally described as follows:
Tracts B and C, BELAIR HEIGHTS REPLAT according to
the pla~ thereof rccordcd in Plat Book 73, page 17 of thc
Official Records of Palm Beach County, Florida.
S_ection_2. That this resolution shall take effect immediately upon passage.
PASS~r~ AND ADOPTED in regular scssion on this the
2002.
~yof
l~yot
Att~:
city clerk
DE LRAY BEACH
COHHUNITY REDEVELOPHENT
AGENCY
May 1. 2002
Susan Ruby, Esq.
City Attorney
City of Delray Beach
200 NW 1st Avenue
Delray Beach, FL 33444
RE: Resolution 02-02
Dear Susan:
Enclosed is Resolution 02-02 which requests City Commission to authorize the CRA to purchase
property located at 910 and 926 West Atlantic Avenue. The CRA Board unanimously approved this
resolution at a special meeting held this morning. Also enclosed is a resolution prepared by Bill
Doney for City Commission to authorize this purchase.
If possible, we would like to have this item on City Commission's agenda for their meeting of May
7t~. Please return a fully executed copy to me after their approval.
Thank you.
Sincerely,
Diane Hervey
Assistant to the Director
/d
enclosure
104 West Atlannc Avenue · Delray Beach, Flonda 33444
561-2'~6-g640 · Fax '561-2'76,-85'~g
04x~,'1~2 10:01 UANCE & DONE]' ~ 15612?68558 NO.O]? 1~2
RESOLU_T_!ON NO. ,~- v.a.,
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE DELRAY BEACH COMMUNITY REDEVELOPIviENT
AGENCY REQUESTINO THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH TO AUTHORIZE THE
ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE
OR ENffN'ENT DOMAIN OF CERTAIN PROPERTY
HEREINAFFER DESCRIBED, FIZNq3rNG 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 Commtmity Redevelopment Agency has duly adopted a
Communivj Redevelopment Plan for the m-em withi~ its juri.sdimion; and
WHEREAS, as part of its Community Redevelopment Pla~ (the "Plan"). the Community
Redevelopment Agency has established goals and objective~ with respect to the revitalization of
the downtown business
redevelopment area; and
clis~-ict and the redevelopment of the West Atlantic Avenue
WHEREAS, a component of the above-described Plan is the aggregation of land~
necessary to facilitate redevelopment projects along the West Atlantic Avenue corridor; and
WHEREAS, the Community Redevelopment Agency has det~,mined that i~ is in ~he
public's interest to proceed with the acquisition of the properties hereinaRer described by gil~,
purchase, or c.~ninen! domain and pursuant to Chapter ]c~.330, e~ seq., ]~il~, being
~he "Community Redevelopment Act of 1969," it is appropri~e to reclUe~ the City of Delray
Be, ach to authori~ the Delray Beach Comm~lity Redeveiopmem Agency to exercise the power
of eminent domain to the extent it determines i$ necessary for the said acquisition of the
properties described below.
10:02 UANCE ~ DONEY -* 15612768558
ND,
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray
Beach Communily Redevelopmem Agency that:
~'. The Cily Comm~iOB Of lhe City of Delray Beach is hereby reque~ed to
authorize the acquisition of the following real property legally described as follows:
Tracts B ~nd C, BELAIR HEIOHTS REPLAT according to the
pl~t th~'eof recorded in Plat Book 73, page 17 of the Official
R~cor& of Palm Beach County, Florida.
by gift, purchase, or ~minent don,*in as d~scribed in Ch~ 163.330, et seq.,
being the "Community Redevelopmem Ac~ of 1969/' and Chapters 73 and '/4 ~.
Th~ Debay Beach Commumty Redevelopment Agency shall acquire fee simple title to said
ln'Openy by girl, purchase, or eminent domain following the delegation of thc above-described
power ofeminem domain.
~: The Board of Commi~ioners of the Community Redevelopm,mt Agency
hereby determines that it is necessary to acquire the propervy descn'bed above pursuant to
Community Redevelopment Plan.
.~J~lIL~t_~: This R~olution shall rake effect immediately upon passage.
PASSED AND ADOPTED th/s
/ day of. ~~ ,2002.
COMMUNrrY REDEVELOPMENT AGENCY
/--,.
':, '~' ...... ] Chaillmrson
2