Res 06-94 RESOLUTION NO. 6-94
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 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~unityRedevelopmentAgency 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 bygift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS~
S~ction is 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:
South 30' of Lot 6, Block 28, TOWN OF LINTON, (Delray),
as recorded in Plat Book 1, Page 3, of the Public Records
of Palm Beach County, Florida.
Section 2= This Resolution shall take effect immediately
upon passage.
PASSED kND ADOPTED in regular session on the 11 day of __
January , 199~. 4.
VICE MAYOR
ATTEST~
Ci~7 Clerk
CITY OF DELRAY BEACH TO AUTHORIZE 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 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, one of the projects set forth in the Plan is the Peach Umbrella
Project, such project as set forth in the Plan, encompassing certain properties
lying within Delray Beach, according to Plat Book 1, Page 3 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 ITRESOLVED 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:
South 30' of Lot 6, Block 28, TOWN OF LINTON, (Delray), as recorded
in Plat Book 1, Page 3 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
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
Peach Umbrella Project as contained therein.
Section Three: The Executive Director is hereby authorized to engage the
services of appraisers, land planners, engineers, and surveyors to assist in the
ac~isition of the property.
Section Four: This Resolution shall take effect immediately upon passage.
PASSED AND ~OPTED this ~day of Dece~er, 1993.
Attested by: By: ~-/,~.~_,~/6~
[lTV JIF DELAI:IY BEflgH
CITY ATTORNEY'S OFFICE ~'~' ~'~ "~ ~v~.~~, ~,~,~..
FACSIMIkE 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 Parking
Approval of the attached resolution is necessary for the CRA to
acquire the following parcel:
South 30' of Lot 6, Block 28, TOWN OF LINTON,
(Delray), as recorded in Plat Book 1, Page 3 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