Res 64-98 RESOLUTION NO. 64-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE FILING OF
EMINENT DOMAIN PROCEEDINGS AS REQUIRED BY A FINAL
JUDGMENT IN THAT CASE STYLED STANLEY G. TATE,
TRUSTEE VS. CITY OF DELRAY BEACH, FLORIDA AND THE
LAKE WORTH DRAINAGE DISTRICT, AS CLARIFIED AND
AMENDED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, in 1993, Stanley G. Tare, Trustee, instituted a
lawsuit against the City of Delray Beach and the Lake Worth Drainage
District in which Mr. Tate contended that certain governmental
actions resulting in the alleged closing of Davis Road denied Mr.
Tate of legal access to his property and resulted in a taking of the
lands in question; and
WHEREAS, the City Commission of the City of Delray Beach
strongly disagrees with the allegations set forth in Mr. Tate's
Complaint; and
WHEREAS, on or about October 17, 1996, the trial court in
the above-referenced lawsuit entered Final Judgment against both the
City of Delray Beach and the Lake Worth Drainage District finding
that the governmental entities had "taken" certain property and/or
property rights allegedly owned by Mr. Tate; and
WHEREAS, the Final Judgment in the above-referenced
lawsuit ordered the City of Delray Beach and the Lake Worth Drainage
District to institute eminent domain proceedings to acquire the
property interests allegedly taken by the governmental entities; and
WHEREAS, the trial court clarified the Final Judgment of
October 17, 1996, by that Order of Clarification dated February 19,
1998, and by that Order on Plaintiff's Response to and Request for
Clarification of Order of Clarification of February 19, 1998; and
WHEREAS, in compliance with the Court's Final Judgment, as
clarified and amended, the City Commission of the City of Delray
Beach is authorizing the filing of the condemnation proceeding
without prejudice to pursue its appellate rights in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The above recitals are hereby ratified and
incorporated herein by reference.
Section 2. The City Commission of the City of Delray
Beach hereby authorizes the acquisition of that certain property or
property rights as shown on attached Exhibit "A" and as set forth in
that Final Judgment dated October 17, 1996 in the case styled
"Stanley G. Tate, Trustee vs. City of Delray Beach and Lake Worth
Drainaqe District", being Case No. 93-5198 AI, as clarified and
amended by the above-referenced Orders. This authorization is
without prejudice to any and all appellate rights of the City of
Delray Beach in the above-referenced litigation.
Section 3. All resolutions or parts of resolutions in
conflict herewith are hereby rep~led.
Section 4. Should any section or provision of this
Resolution or any portion thereof be declared invalid by a court of
competent jurisdiction, such decision shall not affect the remainder
of this Resolution.
Section 5. This Resolution shall take effect immediately
upon passage.
PASSED ~D ~OPTED in regular session on this the 20th day
of October, 1998.
ATTEST:
~City Cl~k '
- 2 - Res. No. 64-98
EXHIBIT "Aw
Property or Estate to be acquired:
A taking of vehicular access to the following described property:
Tare Trustee (20 Acres)
The South Three Quarters (S-3/4) of the East Half (E-l/2) of the
Southeast Quarter (SE-l/4) of the Northwest Quarter (NW-1/4) of
Section 18, Township 46 South, Range 43 East, Palm Beach County,
Florida
The South Three Quarters (S-3/4) of the West Half (W-l/2) of the
Southwest Quarter (SW-1/4) of the Northeast Quarter (NE-l/4) lying
west of Lake Worth Drainage District Canal E-4.
LESS the North 100.0 feet of that part of the South Half (S-l/2) of
the Northwest Quarter (NW-1/4) of the Southwest Quarter (SW-1/4) of
the Northeast Quarter (NE-l/4) of Section 18, Township 46 South,
Range 43 East, lying West of the Westerly right-of-way line of Davis
Road, together with the North 100.0 feet of the South Three Quarters
(S-3/4) of the East Half (E-l/2) of the Southeast Quarter (SE-l/4)
of the Northwest Quarter (NW-1/4) of said Section 18, less the West
40.0 feet thereof, all lying in Delray Beach, Palm Beach County,
Florida.
LESS the East 40 feet thereof conveyed to the City of Delray Beach,
Florida; for Public Highway purposes with rights of reverter, and
Less the South 70 feet thereof previously conveyed to the Lake Worth
Drainage District.
ALSO LESS:
The West 30.0 feet of the South Three Quarters (S-3/4) of the East
Half (E-l/2) of the Southeast Quarter (SE-l/4) of the Northwest
Quarter (NW-1/4) of Section 18, Township 46 South, Range 43 East,
Delray Beach, Palm Beach County, Florida, less the South 70.0 feet
thereof.
ALSO LESS:
The South 100 feet of the North 200 feet of the South Three Quarters
(S-3/4) of the East Half (E-l/2) of the Southeast Quarter (SE-l/4)
of the Northwest Quarter (NW-1/4) of said Section 18, less the West
30 feet thereof; together with the South 100 feet of the North 200
feet of that part of the South Three Quarters (S-3/4) of the West
Half (W-l/2) of the Southwest Quarter (SW-1/4) of the Northeast
Quarter (NE-l/4) of said Section 18, lying West of Lake Worth
Drainage District's Canal E-4.
All of said properties being in Section 18, Township 46 South, Range
43 East, Palm Beach County, Florida.
- 3 - (Exhibit "A" to Res. No. 64-98)
DELRAY BEACH
CITY CLERK
C E R T I F I C A T I O N
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Resolution No. 64-98, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 20th day of October, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
26th day of October, 1998.
Alison M'acGreg~r Harty
City Clerk
City of Delray Beach, Florida
(SEAL)
DELRAY BEACH
CITY CLERK
October 26, 1998
William P. Doney, Esq.
Vance & Doney, P.A.
1615 Forum Place
Suite 200
West Palm Beach, FL 33401
Re: Resolution No. 64-98 (Eminent Domain Proceedinqs/Tate)
Dear Mr. Doney:
Enclosed for your use and information is a certified copy of
Resolution No. 64-98 authorizing the filing of eminent domain
proceedings as required by a Final Judgment in the matter Stanley
G. Tare, Trustee vs. City of Delray Beach and Lake Worth Drainaqe
District, as clarified and amended.
Resolution No. 64-98 was passed and adopted by unanimous vote of
the Delray Beach City Commission in regular session on October
20, 1998.
If you have any questions, please do not hesitate to contact me
at 561/243-7050.
Sincerely,
Alison MacGregor Harry
City Clerk
AMH/m
Enclosure
cc: Susan A. Ruby, City Attorney
lO 16 98 FRI 14:42 FAX 407 278 47.55 DEL BCH CTY ATTY -~-~-~ CITY HALL
l~w Offices
VANCE & DONEY, P.A.
James W. Vance Telephone (561) 6~-55~
Wi[li~ P. Doney Fa~le (561)
~, Dou~la~ MacGibbon october 1~,
City Attorney
City of DelSey Seach
200 N.w. First Avenue
D.elray Beach, FL 33444
Dear Susan:!
As you may ~ecall, the Final Judgment entered by. the 5rial cour%
required th9 City and. Lake worth Drainage District to file an
inturesUs a'.'~'~le~edly "taken" from the landowner, stanley G. Tats,
Trustee. A~ you may also recall, on August 19, 1997, the City
Co.mmiseion ~i~opted Re~olution Ho. 63-97 authorizing th~ filin~ of
the eminent ~omain proceedings.
In the meantime, on February 19, 1998, th~ trial court entered an
order of Clarification, a copy of which is enclosed for your
reference. This Order clarified that the goverHmental entities did
not "take" ~he l~ds in questio~ bu~ rather "took" the access to
the land. A~cordingly, ~he defendants are fin~ciall~ responsible
for ~y di~.inution in the value of the property due to the
proper=y's l~ss of access.
Because of ~e language in the Order of Clarification, I believe
that it is ~advisable for the City Commission to ~dopt a new
~esolution ~thorizin~ eminent domain proceedings to~ac~ire the
acces~ righ~.s only. Enclosed is a propos~ Re~lution for
consideratio~ by the City Co~i~sion. I understand tha~ yo~ ~ill
be able to h~ve the mercer considered at the meeting Bch~d~led on
october ~0, ~998.
Please feel ~ free to contact mc if you have any ~estlons or
comments con~ernin~ this matter.
WPD/k,
~nclosurem