Res 05-94 RESOLUTION NO.5-94
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 COM~UNITYREDEVELOPMENT 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. ~-~ 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, THEHEFOHE, 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 12, LESS North 15' and Lot 13, Block 29 Resubdivision
of Blocks 29 and 37, Delray Beach, as recorded in Plat
Book 9, Page 66 of the Public Records of Palm Beach
County, Florida.
Section 2: This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED in regular session on the 11 day of __
January , 199~/4.
~YO R
ATTEST:
City Clerk
I~SOLUTIONNO.~~7
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRA¥ BEACH
COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ACQUISITION IN FEE
SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF THAT CERTAIN
PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS
NECESSARY FOR THE PUBLIC PURPOSE SET FORTH IN THE PEACH UMBRELLA
PROJECT AS DESCRIBED IN THE COMMUNITY REDEVELOPMENT PLAN SUCH USE IS
TO INCLUDE PARKING AND COMMERCIAL REDEVELOPMENT; AUTHORIZING THE
EMPLOYMENT OF APPRAISERS, LAND PLANNERS, ENGINEERS, AND SURVEYORS TO
ASSIST IN THE ACQUISITION OF THE PROPERTY; PROVIDING FOR AN
EFFECTIVE DATE; 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, pursuant to the City of Delray Beach Community Redevelopment Plan
of December 1992, the Community Redevelopment Agency has determined that the
Peach Umbrella Project in Delray Beach will increase an economic vitality to the
area, eliminate blighted influences on adjoining property, and provide
opportunities for employment and commercial vitality; and
WHEREAS, the Community Redevelopment Agencypossesses the power of eminent
domain by virtue of the provisions of Section 163.370 and 163.375, Florida
Statutes; and
WHEREAS, the City Council of-the City of Delray Beach has authorized, by
resolution, the acquisition by gift, purchase or eminent domain, the property
described below; and
WHEREAS, the Community Redevelopment Agency finds that it is necessary to
acquire the real property described below for the public purpose of the Peach
Umbrella Project, including parking and commercial redevelopment, in Delray Beach
and that the property described below is necessary for that purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARDOF COMMISSIONERS OF THE DELRAY
BEACH COMMUNITYREDEVELOPMENT AGENCY, THAT:
Section One: The Board of Commissioners of the Delray Beach
Community Redevelopment Agency hereby authorizes the acquisition of the real
propertylegally described as follows:
Lot 12, LESS North 15' and Lot 13, Block 29 Resubdivision of Blocks
29 and 37, Delray Beach, as recorded in Plat Book 9, Page 66 of the
Public Records of Palm Beach County, Florida.
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 property.
Section Two: The Board of Commissioners of the Delray Beach 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 Peach Umbrella Project. The acquisition of the property is in
conformance with the Community Redevelopment Plan and in conformance with the
Comprehensive Plan of the City of Delray Beach. When acquired, the property
shall be utilized for the Peach Umbrella Project.
Section Three: The Executive Director is hereby authorized to engage the
services of appraisers, land planners, engineers, and surveyors to assist in the
acquisition of the property.
Section Four: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of December, 1993.
Attested by: By:
By: ~ Se~ret~~~
CITY DF DELRII¥ BEI:ICH
CITY ATTORNEY'S OFFICE :~ ~" "* ~'~' ~[-"^¥ ]~'~" ~°"~'~ ~"
FACSIMILE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: January 4, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~~
Subject: Authorization to CRA to Acquire Property - Peach
Umbrella Parkinq
Approval of the attached resolution is necessary for the CRA to
acquire the following parcel:
Lot 12, LESS North 15' and Lot 13, Block 29
Resubdivision of Blocks 29 and 37 Delray Beach, as
recorded in Plat Book 9, Page 66 of the Public
Records of Palm Beach County, Florida.
According to the CRA, this lot will be used as a parking lot in
the Peach Umbrella Project.
Please call if you have any questions.
DNT:sh
Attachment
cc: David Harden, City Manager Barbara Garito, Acting City Clerk
Lula Butler, Director of Community Improvement