Res 30-92 RESOLUTION NO. 30-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING
CERTAIN REAL PROPERTY, BEING CERTAIN LANDS ABUTTING
LAKE IDA ROAD AND THE S.D. SPADY ELEMENTARY SCHOOL
IN THE CITY OF DELRAY BEACH, FOR THE PUBLIC PURPOSE
OF EXTENDING N.W. 8TH AVENUE AND N.W. 10TH AVENUE,
PROVIDING DRAINAGE IMPROVEMENTS AND PROVIDING
ADDITIONAL LANDS FOR A JOINT EDUCATIONAL/RECREA-
TIONAL FACILITY WITH THE SCHOOL BOARD OF PALM BEACH
COUNTY; FINDING THAT THE ACQUISITION OF SAID PROPER-
TY IS NECESSARY FOR THE CONSTRUCTION OF SAID
IMPROVEMENTS; PROVIDING THAT IN THE EVENT EMINENT
DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY
IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS,
EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO
ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Manager and City Engineer of the City of
Delray Beach, Florida have recommended the acquisition of certain real
property to be utilized for the public purpose of extending N.W. 8th
Avenue and N.W. 10th Avenue, providing drainage improvements and provid-
ing, together with the School Board of Palm Beach County, a joint
educational/recreational facility at the S.D. Spady Elementary School;
and,
WHEREAS, it is necessary that the City acquire the hereinafter
described property in order to construct said improvements; and
WHEREAS, the City of Delray Beach has heretofore entered into
an Interlocal Agreement with the School Board of Palm Beach County
concerning the acquisition of said lands, the funding of the acquisition
and construction costs, and the improvements to be constructed thereon;
and,
WHEREAS, pursuant to said Interlocal Agreement, the City of
Delray Beach has agreed to acquire the hereinafter described property;
and,
WHEREAS, funds are available for the above described acquisi-
tions and improvements; and,
WHEREAS, the City Commission finds that the acquisition of the
hereinafter described property in fee simple for the making of said
public improvements and related purposes 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 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 COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. 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 property.
Section 3. The City Attorney is authorized and directed to
proceed to take all necessary steps, including the hiring of appraisers,
accountants, surveyors, and experts in other disciplines whom the City
Attorney deems are necessary for he adequate and complete representation
of the City in this matter, in order for the City of Delray Beach to
acquire in its own name by donation, purchase or eminent domain proceed-
ings, fee simple title to the property, more particularly legally
described as follows:
See attached Exhibit "A"
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
the firm of Vance and Doney as independent counsel to assist in this
matter.
Section 4. The City Attorney is hereby authorized and
directed to take such further actions as are reasonably required to
fully accomplish the purposes hereinabove directed.
Section 5. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular session on the 24th day of
March , 1992.
ATTEST:
City Cl~rk -~ '
2 Res. No. 30-92
EXHIBIT "A"
The South one-half (1/2) of the east one-half (1/2) of Lot 19, SUBDIVI-
SION OF SECTION 8, Township 46 South, Range 43 East, according to the
plat thereof filed in the office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, at Plat Book 1, Page 4, all such
lands lying and being South of Lake Ida Road.
3 Res. No. 30-92