Res 44-98 RESOLUTION NO. 44-98
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. 98-4, 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:
The South 30 feet of Lot 6, Block 28, TOWN OF
DELRAY, according to the Plat thereof recorded in
Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida.
Section 2. That this resolution shall take effect
immediately upon passage.
PASSED ~ ~OPTED in regular session on this the 7th day
of July, 1998.
ATTEST:
- 2 - Res. No. 44-98
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ATTORNEY -'
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DELRAY BEACH
1993
July 13, 1998
Ms. Diane Hervey
Community Redevelopment Agency
24 North Swinton Avenue
Delray Beach, FL 33444
Re: Resolution No. 44-98
Dear Diane:
Enclosed for your use is a certified copy of Resolution No. 44-98
authorizing the Community Redevelopment Agency to acquire the
Leonard Davis property in Block 28. The resolution was passed
and adopted by the Delray Beach City Commission in regular
session on July 7, 1998.
If you have any questions, please call me at 243-7050.
Sincerely,
Alison MacGregor Harty
City Clerk
Enclosure
cc: CRA file
THE ,~'FFORT,&l ~,',, , ,/,':',_ ,., ,.., , o ~']ATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~?~/I
SUBJECT: AGENDA ITEM # ~'~-- REGULAR MEETING OF JULY 7, 1998
RESOLUTION NO. 44-98 (AUTHORIZING THE ACQUISITION OF
PROPERTY BY THE COMMUNITY REDEVELOPMENT AGENCY)
DATE: JULY 1, 1998
The CRA Board of Commissioners approved Resolution No. 98-4 (copy
attached) at their meeting on June 11, 1998. It requests the City
Commission to authorize the Community Redevelopment Agency's
acquisition of the south 30 feet of Lot 6, Block 28, Town of
Delray (Leonard Davis property).
The City Commission previously authorized the CRA's acquisition of
this property with the adoption of Resolution No. 6-98A on January
6, 1998. The Commission subsequently authorized the City Attorney
to commence foreclosure proceedings against the property based on
outstanding nuisance abatement liens. However, because of time
constraints, the CRA now wishes to proceed with eminent domain
action in order to acquire the property. It is appropriate that a
new resolution be adopted by the City Commission authorizing them
to do so.
Recommend approval of Resolution No. 44-98.
ref:agmemol0
Community
Redevelopment
· Agency
Delray Beach
June 29,1998
Ms. Alison MacGregor-Harty
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
RE: CRA Resolution 98-4
Dear Alison:
Enclosed is CRA Resolution 98-4 which was approved by the CRA Board of Commissioners at their
meeting of Thursday, June 25, 1998. This resolution requests City Commission approval to acquire
the Leonard Davis property on Block 28. Would you please put this item on the next regular City
Commission agenda.
Thank you for your assistance.
Sincerely,
Diane Hervey
Assistant to the Director
/d
Enclosure
cc: David Harden, City Manager w/enclosure !
Susan Ruby, City Attorney w/enclosure I
~ CITY CLERK
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640/Fax (561) 276-8558
SO UTION
~ RESOLUTION OF THE BOARD O~ CO~R~ISSIONERS OF THE DELR~Y 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~unity Redevelopment Agency has established goals and objectives with respect
to the revitalization of the downtown business district and the encouragement of
new commercial activities within the community redevelopment area; and
WHEREAS, the City Con~nission of the City of Delray Beach is in the process
of approving a modification to the Community Redevelopment Plan to provide for,
among other things, the expansion of the Peach Umbrella Plaza I to encompass the
real properties described as:
The South 30 feet of Lot 6, Block 28, TOWN OF DELRAY, according to
the Plat thereof recorded in Plat Book 1, Page 3, Public Records of
Palm Beach County, Florida.
W~EREAS, 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 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray
Beach Community Redevelopment Agency that:
S. ection one: The city Commission of the City of Delray Beach is
hereby requested upon their final adoption of the modification of the Community
Redevelo~ent Plan as dove described to authorize the ac~isition of the
following p~cel of real pro~y legally descried dove, by gift, purchase, or
~inent domain as descr~ in S~tions 163.370 Md 163.375 Florida S=atutes Md
Chapters 73 and 74 Florida Statutes. The Delray Beach Comunity Redevelo~ent
~ency shall ac~ire fee simple title to said pro~ies following the del~ation
of the dove described power of eminent domain by gift, purchase, or eminent
domain.
Section ~o: The Bo~d of Comissioners of the Comunity Redevelo~ent
Agen~ hereby dete~ines that it is necessa~ to ac~ire the prope~y descried
dove pursuant to its Comunity Redevelopment Plan and more pa~icularly the
Peach U~rella Plaza I as contained therein.
s~tion T~ee: This Resolution shall t~e effect izm~ediately u~n passage.
PASSED AND ~OPTED this ~day of ~~ , 1998.
A By: