Res 50-02 RESOLUTION NO. 50-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AUTHORIZING AND
DIRECTING THE CITY A'I'TOKNEY, OR HER DESIGNEE,
TO PROVIDE A STATUTORY NOTICE AND WRITFEN
OFFER LETTER TO THE OWNER OF EACH PROPERTY
NEEDED FOR THE CONSTRUCTION OF THE NEW
ATLANTIC HIGH SCHOOL; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission has heretofore adopted Resolution No. 49-02 authorizing
the acquisition of certain real property legally described therein by gift, purchase or eminent domain
for the public purpose of the construction of a new Atlantic High School; and
WHEREAS, prior to the institution of eminent domain proceedings, the City is required by
Section 73.015, Florida Statutes, to initiate settlement negotiations by providing each landowner
with notice of their statutory rights and by providing a written offer to acquire each property; and
WHEREAS, each of the properties described in Resolution No. 49-02 have been appraised
and the City desires to make a written offer to purchase the subject properties for the amounts set
forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA THAT:
Section 1: The City Attorney, or her designee, is hereby authorized and directed to provide
statutory notice and make written offers in accordance with Section 73.015, Florida Statutes to the
owners of the lands described in Resolution No. 49-02 as follows:
PARCEL NUMBER
OWNER(S)
OFFER AMOUNT
8BR Lester D. Martin and Shirley M. $156,000.00
Martin
20BR Clarissa E. Mayorga $169,000.00
41 BR Angel Louis Rivera and Alicia $179,400.00
Rivera
53 BR Francisca Ramos and Alfonso $162,500.00
Ramos
1470 M&P Concrete Products, Inc. $383,500.00
3120 Eugene B. Baker and Barbara $143,000.00
M. Baker
3100 Michael D. Baker and Ellie D. $91,000.00
Baker
1490 Anthony Eugene Baker and $41,600.00
Laurel Bell Baker
1270 Anthony E. Baker and Laurel $91,000.00
Bell Baker
3090 $149,500.00
James Wesley Baker, Eugene
Brownlow Baker and Carolyn
Lucille Baker Tubbs
Such offers shall remain in effect for thirty (30) days following receipt by each respective owner(s)
and shall be deemed rescinded unless extended in writing. Further, such offers are subject to the
claims and interests, if any, of all other parties in and to the subject property and the owner(s) of
each property shall be responsible for payment of the same out of the settlement/closing proceeds.
Each offer is conditioned upon the owner(s) of each property being able to convey insurable title in
and to the subject property to the City of Delray Beach.
Section 2: This Resolution shall take effect immediately upon passage.
2 RES. NO. 50-02
PASSED AND ADOPTED this 4/ '~ day of ~
,2002.
CITY OF DELRAY BEACH, FLORIDA
Attest:
City Clerk
MAYOR
3 RES. NO. 50-02
[lTV OF DELRfl¥ BER[H
CITY ATTOFiI EY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE: June 4, 2002
MEMORANDUM
Writer's Direct Une: 561/243-7091
TO:
City Commission
David T. Harden, City Manager
FROM:
Susan A. Ruby, City Attomey
SUBJECT: Resolution 49-02 and Resol.ution 50-02
The City previously adopted Resolution 28-02 authorizing the use of eminent
domain for the acquisition of certain properties for the new Atlantic High School
site.
Resolution 49-02 is a new resolution substituting for Resolution 28-02. Resolution
49-02 narrows the properties that will be subject to eminent domain and provides
for updated legal descriptions. Resolution 49-02 is before you for approval.
Also before you for approval is Resolution 50-02. In conformance with the pre-suit
requirements of the Florida Statutes, the City is to make a written offer meeting all
requirements of Fla. Stat. § 73.015 prior to commencement of eminent domain
proceedings. Resolution 50-02 authorizes the written offers per Statute. Once
approved by the City Commission, letters will be sent to the appropriate persons
communicating the written offer. The offers are thirty percent over appraised
value. The properties are shown in cross hatching on the attached map.
The attached updated resolutions replace the resolutions previously provided to
you.
Please call if you have any questions.
SAR:smk
Attachments
cc: Barbara Gadto, City Clerk
~. 09
?R A
1-0
7 37AC
NW IST
Rev. 6~4~02
RESOLUTION NO. 50-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AUTHORIZING
AND DIRECTING THE CITY ATTORNEY, OR HER
DESIGNEE, TO PROVIDE A STATUTORY NOTICE
AND WRITTEN OFFER LETTER TO THE OWNER OF
EACH PROPERTY NEEDED FOR THE
CONSTRUCTION OF THE NEW ATLANTIC HIGH
SCHOOL; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Commission has heretofore adopted Resolution No. 49-02
authorizing the acquisition of certain real property legally described therein by gift,
purchase or eminent domain for the public purpose of the construction of a new Atlantic
High School; and
WHEREAS, prior to the institution of eminent domain proceedings, the City is
required by Section 73.015, Florida Statutes, to initiate settlement negotiations by
providing each landowner with notice of their statutory rights and by providing a written
offer to acquire each property; and
WHEREAS, each of the properties described in Resolution No. 49-02 have been
appraised and the City desires to make a written offer to purchase the subject properties
for the amounts set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA THAT:
Section 1: The City Attorney, or her designee, is hereby authorized and directed
to provide statutory notice and make written offers in accordance with Section 73.015,
Florida Statutes to the owners of the lands described in Resolution No. 49-02 as follows:
PARCEL NUMBER
8BR
20BR
OWNER(S)
Lester D. Martin
Shirley M. Martin
Clarissa E. Mayorga
and
OFFER AMOUNT
$156,000.00
$169,000.00
41 BR Angel Louis Rivera and $179,400.00
Alicia Rivera
53 BR Francisca Ramos and $162,500.00
Alfonso Ramos
1470 M&P Concrete Products, $383,500.00
Inc.
3120 Eugene B. Baker and $I43,000.00
Barbara M. Baker
3100 Michael D. Baker and Ellie $91,000.00
D. Baker
1490 Anthony Eugene Baker and $41,600.00
Laurel Bell Baker
1270 Anthony E. Baker and $91,000.00
Laurel Bell Baker
3090 $149,500.00
James Wesley Baker,
Eugene Brownlow Baker
and Carolyn Lucille Baker
Tubbs
Such offers shall remain in effect for thirty (30) days following receipt by each respective
owner(s) and shall be deemed rescinded unless extended in writing. Further, such offers
are subject to the claims and interests, if any, of all other parties in and to the subject
property and the owner(s) of each property shall be responsible for payment of the same
2
out of the settlement/closing proceeds. Each offer is conditioned upon the owner(s) of
each property being able to convey insurable title in and to the subject property to the
City of Delray Beach.
Section 2: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of ,2002.
CITY OF DELRAY BEACH,
FLORIDA
Attest:
Mayor
City Clerk
3