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Res 38-98 RESOLUTION NO. 38-98 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. 98-2, 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 10, Revised Plat of Block 36, TOWN OF DELRAY, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, recorded in Plat Book 5, Page 38. Section 2. That this resolution shall take effect immediately upon passage. PASSED ~ ~OPTED in regular session on this the 16th day of June, 1998. ATTEST: ~ity Cl~k - 2 - Res. No. 38-98 [lTV JIF I]ELR V BER£H DELRAY BEACH ~ CITY CLERK ~oo ~.w. ~,-~,,c~ 1993 ~e 22, 1998 Ms. Diane Hervey Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 Re: Resolution No. 38-98 Dear Diane: Enclosed is a certified copy of Resolution No. 38-98 which was passed and adopted by the Delray Beach City Commission in regular session on June 16, 1998. It authorizes the Community Redevelopment Agency to acquire that real property described as Lot 10, Revised Plat of Block 36, Town of Delray. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, Alison MacGregor Harry City Clerk AMH/m Enclosure THE EFFORT ALWAYS MATTERS Pr~nted On Recycle~ Paper A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY 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 THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. W~EREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community Redevelopment Agency has established goals and objectives with respect to the revitalization of the community redevelopment area and the encouragement of new co~nercial activities as well as the elimination of slum and blight within the community redevelopment area; and WHEREAS, one of the projects set forth in the Plan is the Mount Olive Redevelopment Project, such project as set forth in the Plan, encompassing certain properties lying within Block 36, TOWN OF DELRAY, according to Plat Book 5, Page 38 as more particularly described hereinafter in this Resolution; and W~REAS, a component of the above described project is the acquisition of lands necessary to facilitate said project; and WHEREAS, the Community 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 appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it determines is necessary for the said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Co~missioners of the Delray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following parcels of real property legally described as follows: Lot 10, Revised Plat of Block 36, TOWN OF DELRAY, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, recorded in Plat Book 5, Page 38. by gift, purchase, or eminent domain as described in Sections 163.370 and 163.375 Florida Sta=utes and Chapters 73 and 74 Florida Statutes. The Delray Beach Co~unity Redevelo~nent Agency shall acquire fee simple title to said properties following the delegation of the above described ~ower o~ eminent domain by gift, purchase, or eminent domain. Section Two= The Board of Commissioners of the Community Redeveloi~ent Agency hereby determines that it is necessary to acquire the property described above pursuant to its Co~unity Redevelopment Plan and more particularly the Mt. 0live Redevelopment Project as contained therein. · Section Three= This Resolution shall take effect immediately upon p~ssage. PASSED AND ADOPTED this //~ day of J~J~ , 1998. By: . ' .~,. ~, .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY Mg2XlAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JI/NE 16, 1998 RESOLUTION NO. 38-98 (AUTHORIZING THE ACQUISITION OF PROPERTY BY THE COMMUNITY REDEVELOPMENT AGENCY) DATE: JUNE 12, 1998 The CRA Board of Commissioners approved Resolution No. 98-2 (copy attached) at their meeting on June 11, 1998. It requests the City Commission to authorize the Community Redevelopment Agency's acquisition of Lot 10, Revised Plat of Block 36, Town of Delray, as part of the Mount Olive redevelopment project contained in the Community Redevelopment Plan. Resolution No. 38-98 is the City Commission's authorizing resolution. Recommend approval of Resolution No. 38-98. ref:agmemol0 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY 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 THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Con~nunity Redevelopment Agency has established goals and objectives with respect to the revitalization of the community redevelopment area and the encouragement of new con~ercial activities as well as the elimination of slum and blight within the community redevelopment area; and WHEREAS, one of the projects set forth in the Plan is the Mount Olive Redevelopment Project, such project as set forth in the Plan, encompassing certain properties lying within Block 36, TOWN OF DELRAY, according to Plat Book 5, Page 38 as more particularly described hereinafter in this Resolution; and WHEREAS, a component of the above described project is the acquisition of lands necessary to facilitate said project; and WHEREAS, the Community 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 appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it determine~ is necessary for the said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Con, missioners of the Delray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following parcels of real property legally described as follows: Lot 10, Revised Plat of Block 36, TOWN OF DELRAY, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, recorded in Plat Book 5, Page 38. by gift, purchase, or eminent domain as described in Sections 163.370 and 163.375 Florida Statutes and Chapters 73 and 74 Florida Statutes. The Delray Beach Community 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 Mt. Olive Redevelopment Project as contained therein. Section Three: This Resolution shall take effect immediately upon p~ssage. PASSED AND ADOPTED this //~ day of ~/~ , 1998. COMMUNITY RED~.VELOPMENT A~ENCY / Community Redevelopment Agency Delray Beach June 12,1998 Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: CRA Resolution 98-2 Dear Alison: The CRA Board of Commissioners approved Resolution 98-2 at their meeting of Thursday, June 11, 1998. A copy of the resolution is enclosed. We are now requesting authorization from City Commission for the CRA to acquire the property as described in the legal description. Would you please put this item on the agenda for the City Commission meeting of June 16, 1998. Also enclosed is an original resolution for signature by the Mayor after approval. Please forward an executed copy of the City's resolution to me for our files. Thank you. Sincerely, Diane Hervey Assistant to the Director /d Enclosures cc: David Harden w/enclosures Susan Ruby w/enclosures 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 RESOLUTION 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 Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1)(e)(2), Florida Statutes, the Delray Beach Co~mnity 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 co~Lunity 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 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 10, Revised Plat of Block 36, TOWN OF DELRAY, according to the Plat, thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County· Florida, recorded in Plat Book 5, Page 38. Section 2: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on the day of · 1998. MAYOR ATTEST: City Clerk ,OL ON NO. A RESOLUTION OF THE BOP~D OF COMMISSIONERS OF THE DELRAY BE~CH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY 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 THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH TM COMMUNITY REDEVELOPMENT PLAN~ AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Conanunity Redevelo~nent Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Come, unity Redevelopment Plan, (the "Plan"), the Con~nity Redevelo~anent Agency has established goals and objectives with respect to the revitalization of the community redevelopment area and the encouragement of new c~rcial activities as well as the elimination of slum and blight within the community redevelopment area; and WHEREAS, one of the projects set forth in the Plan is the Mount Olive Redevelopment Project, such project as set forth in the Plan, encompassing certain properties lying within Block 36, TOWN OF DELRAY, according to Plat Book 5, Page 38 as more particularly described hereinafter in this Resolution; and WHEREAS, a component of the above described project is the acquisition of lands necessary to facilitate said project; and WHEREAS, the Community 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 appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it determines is necessary for the said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One.- The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following parcels of real property legally described as follows.- Lot 10, Revised Plat of Block 36, TOWN OF DELRAY, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, recorded in Plat Book 5, Page 38. by gift, purchase, or ~-~nent domain as described in Sections 163.370 and 163.375 Florida Statutes and Chapters 73 and 74 Florida Statutes. The Delray Beach Community 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 Mt. Olive Redevelopment Project as contained therein. Section Three: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this __ day of , 1998. COMMUNITY REDEVELOPMENT AGENCY Attested by: By: