Res 29-96 ~M.~LUTIC~I NO. 29-96
A RESOLUTION OF THE CITY ~SSION OF THE CITY OF Dm.RAY
BEACH, FLORIDA, AUTHORIZING THE ACQUISITION IN FEE SIMPLE
OF CE~EAIN REAL PROPERTY, FOR THE PUBLIC PURPOSE OF
CONSTRUCTING A PUBLIC ROAD CONNECTING MIAMI BOULEVARD TO
PARK AVENUE, FINDING THAT THE ACQUISITION OF SAID
PROPERTY IS REAS0~ABLY NECESSARY FOR THE IMPROVEMENT OF
ITS MUNICIPAL ROAD NETWORK; PROVIDING THAT IN THE EVENT
EMINENT DC~AIN PRDCEEDINC~ ARE NECESSARY, THE CITY
ATTORNEY IS AUTHORIZED TO RETAIN %~HE SERVICES OF
APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE
COUNSEL TO ASSIST THE CITY ATIORNEY IN THIS MA~TER;
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Delray Beach has
adopted the Silver Terrace Redevelopment Plan and part of the plan
recommended the construction of a road connecting Miami Boulevard to Park
Avenue; and
WHEREAS, it is necessary that the City acquire the hereinafter
described property in order to facilitate the construction of said road; and
WHEREAS, the City Commission finds that the acquisition of the
hereinafter described property in fee simple for the improvement of the
municipal road network and specifically the redevelopment of Silver Terrace
is a public necessity and essential to the interests of the residents of the
City of Delray Beach, Florida; and
WHEREAS, in order to accomplish the acquisition of the needed
property, it is necessary for the City Manager and City Attorney to take
legal action and to employ real estate appraisers, experts in other
disciplines and private counsel to assist the City Attorney in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY C~$~SSION OF THE CITY
OF DRLRAY BEACH, FLORIDA, AS FOLDC~S:
Section 1. ~1%at the City Commission adopts and ratifies those
matters set forth in the foregoing recit~l_s.
Section 2. That the City Attorney is authorized and directed to
employ real estate appraisers for the purpose of securing appraisals of the
value of the property hereinafter described for the purpose of acquiring said
Section 3. That the City Attorney is authorized and directed to
proceed to take all necessary steps, incl,~ing the b~ring of appraisers,
accountants, and experts in other disciplines wh~m the City Attorney deems
are necessary for the adequate and complete representation of the City in
this matter, in order for the City of Delray Beach to aoquire in its own name
by donation, purchase or eminent domain proceedings, fee simple title to the
property, more particularly legally described as follows:
Lot 8, Block 5, Silver Terrace, according to the plat
thereof, recorded in Plat Book 11, Page 61, of the Public
Records of Palm Beach County, Florida.
The City Attorney is further authorized to have prepared in the name of the
City of Delray Beach all papers, pleadings and other instruments required for
that purpose and to see that all eminent domain proceedings are prosecuted to
judgment. The City Attorney is authorized to retain independent counsel in
this matter.
Section 4. That the City Attorney is hereby authorized and
directed to take such further actions as are reasonably required to fully
accomplish the purposes hereinabove described.
Section 5. That this resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular session on this the 2nd day of April,
1996.
City Clerk / -
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I:ITV OF DELlllIV BEIII:H
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
lll.lmerica ¢i~ MEMORANDU1VI
'III1 March26, 1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorney~
SUBJECT: Authorization to Commence Eminem Domain Proceedings
For Acquisition of Lot 8. Block 5. Silver Terrace
The Silver Terrace Redevelopment Plan approved by the City Commission on March 5,
1996 requires the construction of a road connecting Miami Boulevard to Park Avenue
South of SE 10th Street. As stated in the adjoining resolution, the acquisition of Lot 8,
Block 5, is required in order to construct the road connection. Passage of this resolution
will authorize the City Attorney to obtain title search, survey, and negotiate the purchase
of the 50' x 100' lot.
If the owner and the City are unable to agree on a purchase price, the City Attorney's
office will file eminent domain proceedings. Once the case is filed, it will take between
60-90 days to obtain title to the property.
Please call if you have any questions.
DNT/jlk
cc: David Harden, City Manager
Alison Harry, City Clerk
C. Danvers Beatty, City Engineer /3 ~ tyr~ ~~-~
Pnn/ed orl F~ec~,c/ed Pa£~er