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Res 43-92 RESOLUTION NO. 43-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 32-85, BY REPEALING SECTION 4 AND ENACTING A NEW SECTION 4, WHICH REFERENCES AN AMENDED APPENDIX "A" WHICH DESCRIBES THE SLUM AND BLIGHTED AREAS WITHIN THE CITY OF DELRAY BEACH, AS REQUIRED IN FLORIDA STATUTES, CHAPTER 163, PART III; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on May 14, 1985, adopt a Resolution No. 32-85 finding that one or more slum and blighted areas as defined in Florida Statutes Section 163.340 or areas in which there is a shortage of housing afford- able to residents of lower moderate income, including the elderly, or a combination thereof, exist in the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has found and declared in Resolution No. 32-85 that a need for rehabilitation, redevelopment, or a combination thereof, is necessary in such areas in the interest of the public health, safety, morals, or welfare of the residents of the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has found and declared in Resolution No. 32-85 that there is a need for a Community Redevelopment Agency to function in the City of Delray Beach to carry out the community redevelopment purposes of Chapter 163, Part III of the Florida Statutes; and WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, in Resolution No. 32-85, Resolution No. 9-86, and Resolution No. 47-87, the City Commission of the City of Delray Beach, Florida, found that one or more slum and blighted areas, as defined in Florida Statutes Section 163.340, or areas in which there is a shortage of housing affordable to residents of lower or moderate income, including the elderly, or a combination thereof, exist within the City of Delray Beach and described the areas more fully in Appendix "A" of each resolution; and WHEREAS, certain properties were split by the boundary descriptions included within Appendix "A" of Resolutions No. 32-85, 9-86, and 47-87; and WHEREAS, properties outside of the City of Delray Beach City limits were included in the original boundary description; and WHEREAS, the Delray Beach City Commission is desirous of correcting the minor errors in the previous descriptions, by incor- porating the Appendixes from Resolution Nos. 32-85, 9-86, and 47-87 into one legal description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2 of Resolution No. 9-86, and Section 4 of Resolution No. 47-87 are hereby amended in their entirety and replaced by the boundaries as described in Exhibit "A". follows: Section 4. That the area the City of Delray Beach more fully described in the amended Appendix "A" is hereby found and declared to be a slum and blighted area, as defined by and within the purposes and intent of Florida Statutes, Chapter 163, Part 3. Section 3. That Resolution No. 47-87 is hereby ratified and all properties lying within the area described in Appendix "A" are subject to exercise of rights, powers, and privileges granted by Chapter 163, Part III of the Florida Statutes upon the latter date of the passage of Resolution No. 47-87 or the properties annexation into the City. Section 4. That as to any properties lying within the area described in Appendix "A" which are annexed into the City subsequent to the date of passage of this resolution, that said properties shall be subject to the exercise of the rights, powers and privileges granted by Chapter 163, Part III of the Florida Statutes at the time of their annexation if the City Commission determines that slum and blighted conditions remain. Section 5. That the City Clerk be directed to forward a certified copy of this resolution to the Palm Beach County Tax Collector's Office. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on the /~ day of ~l~, , 1992. ~ ATTEST: City Clerk '' J r Res. No. 43-92 APPKND~X A AMENDED LZGAL DKHCR~PTZON COMM~ZTY RZDKVZLOPMKNT AREA Beginning at the intersection of the north right-of-way line of N.W. 4th Street and the east right-of-way line of Swinton Avenue, thence run westerly along the north right-of-way line of N.W. 4th Street to N.W. 4th Avenue; thence run westerly along the north right-of-way line of Lake Ids Road to the east right-of-way line of the Z-4 Canal; thence run southwesterly along the Z-4 Canal to the east right-of-way line Of 1-95; thence run southerly along the east right-of-way line of Z-95 to the north right-of-way line of S.W. 10th Street; thence run easterly along S.W. lOth Street to the west right-of-way line of S.Z. 6th Avenue (U.S. #1 northbound); thence run northerly along $.~. 6th Avenue to the north right-of-way l~na of S.B. 2nd Street; thence run easterly along said right-of-way line of $.K. 2nd Street, and the easterly projection thereof to the west r~ght-of-way line of the Intracoastal Waterway; thence run northerly along the west right- of-way line of the Intracoastal Waterway to the south right-of- way line of S.E. let Street; thence run easterly along the easterly projection of the south right-of-way line of S.Z. 1st Street to the east right-of-way line of the Intracoastal Waterway; thence run southerly along the east right-of-way line of the Intraooaetal Waterway to its intersection with the westerly projection of the south r~ght-of-way line of Miramar Drive~ thence run easterly along ~he westerly projection of the south right-of-way line of Miramar Drive and along the south right-of-way line of Miramar Drive to the northeast corner of Lot 4 of the Willlameon Detbel Subdiv~s~on, as recorded in Plat Book 18, Page 55, Palm Beach County Records~ thence run southerly along the east lot line of said Lot 4 to ~he south line of said Williamson Deibel Subdivision; thence run westerZy along the south line of said Williamson Detbel Subdivision to the east right-of-way line of ~leason S%reet; thence run southerly along the east right-of-way line of Gleason Street to the south line of the Dover House Condominlum~ thence run easterly along the south line of said Dover House Condominium to the west right-of-way line of AIA; thence run northeasterly along the west right-of-way line of AIA to the e~sterly projection of the north right-of-way line of LOW~y Street, thence run westerly along the easterly projection of, the north right-o~-way line of, and the westerly projection of the north right-of way line of Lowry Street to the west right-of-way l~ne of the Intracoastal Waterway; thence run northeasterly along the west right-of-way line of the Intracoaetal W~terway to the centerline of the right-of-way of N.Z. 1st Court, thence run westerly along the centerllne of the right-of-way of N.E. 1st Court to the west r~ght-of-way line of N.Z. 7th Avenue; thence run southerly along the west right-of-way line of N.Z. 7th Avenue to the south lot line of Lot 15 of Block 115 of TOwn of Llnton Plat as recorded in Plat Book 1, Page 3, Palm Beach County Reoords~ thence run westerly along the south lot line of said Lot 15, and the westerly projection thereof the east lot line of Lot § of Block 115 of said Town of Plat; thence run northerly along the east lot line of said Lot 5, and the northerly projection thereof to the southeast corner of Lot 38 of The Hofman Addition, as recorded in Plat Book 5, Page 3, Palm Beach County Records~ thence run easterly along the easterly pro, action of the south lot line of LOt 38 to the southeast corner of Lot 49 of said Hofman Additlon~ thence run northerly along the east lot line of said Lot 49 and the northerly pro~ection thereof tO the northeast corner of Lot 44 of said Hofman Addition; thence run westerly along the north lot of intersection with the southerly projection of the east lot line of Lot 14, McGinley and Oosman~s Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Records~ thence run northerly along the southerly projection of the east lot line of said Lot 14, the east lot line of said Lot 14, and the northerly projection of the east lot line of said Lot 14 to its intersection with the centerline of the abandoned N.E. ?th Court right-o£-way~ thence run easterly along said centerline of ?th Court right-of-way to =he west right-of-way line of Avenue~ thence run northerly along N.E. 7th Avenue tO the northeast corner of Lot 4§, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Reoords~ thence run westerly along the north lot line of said Lot 45 and the westerly projection thereof to the southeast corner of Lot 59 of said McGinley and ~osman~s Subdivision~ thence run northerly along the east lot line of sa~d ~ot 59 and the northerly projection thereof to =he north line of the Sophia Fray Subdivision, as recorded in Plat Book 4, Page 3?, Palm Beach County Records, thence run easterly along the north line of said subdivision to the southwest corner of the Martell Arms Plat, as recorded in Plat Book 37, Page 13S, Palm Beach County Records~ thence run northerly along the west line of said Martell Arms Plat to the northwest corner of said Martell Arms Plat~ thence run easterly along the north line of said Martell Arms Plat to the west. r~ght-of-way line of N.E. 8th Avenue~ thence run northerly along the west right-Of-way line of N.E. 8th Avenue to the north line of Kenmont Subdivision, as recorded ~n Plat Book 20, Page 65, Palm Beach County Records~ thence run easterly along the north line of said subdivision to the west line of the Denery Lane Subdiv~sion, as recorded in Plat Book 23, Page 238, Palm Beach Coun~7 Records~ thence run northerly along the west line of said subdivision to the south line of La Hacienda Subd~vision, as recorded in Plat Book 15, Page 6, Palm Beach County records~ thence run easterly along the south line of said subdivision the west right-of-way line of the Intraooastal Waterway~ thence run northerly along the west right-of-way line of the Intrecoastel Waterway to its intersection with the south town limits of the Town of ~ulfstream; thence run westerly along said south town limits to the southerly projection of the east line of Delray Beach Estates, as recorded in Plat Book 21, Page 13, Palm Beach County Records; thence run northerly along the southerly proJectAon of, and the east line of said Delray Beach Estates to its intersection with the east right-of-way line of State Road 5 (U.S. 91); thence run southerly along said east right-of-way line to its intersection with the easterly projection of the south lot line of Lot 20 of Delray Beach Estates as recorded in Plat Book 21, Page 13~ thence run northwesterly along the easterly projection of the south lot line of said Lot 20, the south lot line of said Lot 20, and the westerly projection of the south lot line of said Lot 20 to the west right-of way line of Old Dixie Highway; thence run northerly alon~ the west right-of-w&y line of Old Dixie Highway to the south right-of-way line of Gulfstream Boulevard; thence run westerly along Gulfstream Boulevard To the east right-of way llne of N.E. 2nd Avenue; thence run southerly along N.E. 2nd Avenue to the north right-of-way line of N.E. 8th Stree~ thence run westerly along N.E. 8th Street to the east right-of-way line of North Swinton Avenue; =hence run southerly along North Swinton Avenue to the point of beginning. However, said area as defined by the boundaries described above shall not include such properties presently outside the Jurisdiction of the city of Delray Beach until such time as those props=ties may be anneaed by %he City of Delray Beach in which event they shall become part of the area. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF APRIL 14, 1992 RESOLUTION NO. 43-92 DATE: April 10, 1992 This is a resolution amending Resolution No. 32-85 to clarify the Community Redevelopment Agency boundaries. Staff discovered errors and omissions in three resolutions previously adopted which describe the CRA boundaries. In order to rectify these mistakes, the City Attorney's Office has drafted this resolution which encompasses the entire CRA area and corrects those deficiencies. Recommend approval of Resolution No. 43-92 clarifying the Community Redevelopment Agency boundaries. [lTV DF DELI:lAY BEII[H CITY ATTORNEY'S OFFICE '~"*'" ''~' "::'~' ~'"'~'~ '~'~" ~ ? "'" (407) 243- 70~Q ME~O~UM Date: A[>~ ~ ~, 1992 7.~ ~ CI ~y Co~illSS ion ~'~om: David N, Tolces, L,-~bj~t: Ck~ B~u~dar¥ Resolution ==Afs, t- 37 '::i::' 15:2~ F:'.I'-j5 :] , : ? _,r~,~,:_7' '{;, i_3FFi~]F TEL t",lo. 4"-'17 27:!i: 47_: ...... R~O~UTIO~ NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 32-85, BY REPEALING SECTION 4 AND ENACTING A NEW SECTION 4, WHICH REFERENCES AN AMENDED APPENDXX WHICH DESCRIBE8 THE SLUM AND BLIGHTED AREAS WITHIN THE CITY OF DELRAy BEACH, AS REQUIRED IN FLORIDA STATUTES, CHAPTER 163, PART III; PROVIDING AN EFFECTIVE PATE. WHEREAS, the City Co~lssion o~ the City of Delray Beach, Florida, did, on May 14, 1985, adopt a Resolution No. 32~85 flndin~ that one or more alum and blighted areas as defined in Florida Statutes Section 163.340 or areas in which there is a shortage of housing afford- able to residents of. lower moderate income, including the elderly, or combination thereof, eKlat in the City of Pelray Beach; and WHeReAS, the City Co~lsslon of the City of Delrey Beach, FlOrida, has found and declared in Resolution No. 32-85 that a need for rehabilitation, redevelopment, or a combination thereof, is necessary in s~ch areas in the interest of the public health, safety, morale, or welfare of the residents of the City of Delray Beach: and WHEREAS, the Cl~y Commission of the City of Delcay Beach, Florida, has found and declared in Resolution No. 32-85 that there Is need [or a Com~nit¥ Redevelopment Agency to function ~n the City of Delsey Beach to carry out the commu~ity redevelopment purposes of Chapter 163, ~art III of the Florida Statutes: and WHEREAS, the City Co~leaion of the City of Delray Beach, Florida, by Ordinance No. 46-B5, adopted June 18, 1~85, did create Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and / WHEREAS, in Resolution No. 32-85, ~esolution Nc. 9~86, and Resolution No. 47-87, the City Co, lesion of the City of Delray Beach, Florida, found that one or more slum and blighted areas, as defined in Florida Statutes Section 153.340, or areas in which there is a shortage of housing affordable to residents of lower or moderate income, including the elderly, or a combination thereof, e~ist within the City of Delray Beach and described the areas more fully in Appendix "A" U~ each ~eaol~lon~ and WHERSA$, certain properties were split by the bou,,dar¥ descriptions included within Appendix "A" of Resolutions No, 9-86, and 47-87; and WHEREAS, propeztles outside o~ the City sf Delzey ~eacn C]%¥ l£mit~ were included in the original boundary Ueacr~p~£on; and correcting the minor errors in the previous descriptions, by incor- porating the A~pendixes from Resolution Nos. 32-85, 9-86. and 47-87 into one legal description. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, F~ORIDA, AS FOLLOWS: 4 of Resolution No. 47-87 are hereby amended in th, ir entirety replaced by the boundaries as described tn Exhibit "A". ~ection.2. That $ new Section 4 ie hereby enacted to read as £ollows~ Section 4. That the area the City of Delrsy Beach more described In the amended Appendix "A" is hereby found and declared to be a slum and blighted area, as defined by and within the purposes and intent of Florida Statutes, Chapter 163, Part 3. Sec=ion 3. That Resolution No. 47-87 is hereby ratified aha all prope~'ties l~lng within the area described in Appendix 'iA" are 163, Part ~II of the Florida Statutes upon the latter date of the passage of Resolution No. 47-87 or ~he properties annexation into the Section 4. That as to any properties lying within the area ~es¢~tbed in Appendix "A" which are annexed into the City subsequent to the date of passage of this resolution, that said properties shall be sub~ect to the exercise of the rights, powers and privileges granted by Chapter 163, Part I~I of the ~lorida statutes at the tl~e of their annexation if the City Co~mission determines that slum and blighted conditions re~ain. Section ~. That the City Clerk be directed to forward a certified copy of this resolution to the Palm ~each County Tax Appraisers Office. Section 6. Tha~ this resolution shall become e~fective lmmediatelY'up0~'its passage, PASSED AND ADOPTED in regular session o~ the --- day . _~, 1992, MAYOR ATTEST= / APPENDIX A AMENDED LEGAL DKSCRXPTXON COMMUNITY REDEVELOPMENT AREA Beginning at the intersection of the north right-of-way line of N.W. 4th Street and the east right-of-way line of Swinton Avenue, thence run westerly along the north right-of-way line of N.W. 4th Street to N.W. 4th Avenue; thence run westerly along the north right-of-way line of Lake Ida Road to the east right-of-way of the E-4 Canal; thence run southwesterly along the E-4 Canal to the east right-of-way line of 1-95; thence run southerly along the east right-of-way line of Z-9§ to the north right-of-way line of S.W. 10th Street; thence run easterly along S.W. 10th Street to the west right-of-way line of S.E. 6th Avenue (U.S. #! northbound); thence run northerly along S.~. 6th Avenue to the north right-of-way line of S.~. 2nd Street; thence run easterly along said right-of-way line of S.E. 2nd Street, and the easterly projection thereof to the west right-of-way line of the Intracoasta! Waterway; thence run northerly along the west right- of-way line of the Intracoastal Waterway to the south right-of- way line of S.E. 1st Street; thence run easterly along the easterly project/on of the south right-o~-way line of S.E. 1st Street to the east right-of-way llne of the Intracoastal Waterway; thence run southerly along the east right-of-way line of the Intraooastal Waterway to its intersection with the westerly projection of the south right-of-way line of Miramar Drive; thence run easterly along the westerly proJectJon of the south right-of-way line of Miramar Drive and along the south right-of-way line of Miramar Drive to the northeast corner of Lot 4 of the Wtlllemson Detbel Subdivision, as recorded in Plat Book 18, Page $§, Palm Beach County Records; thence run southerly along the east lot line of said Lot 4 to the south line of saJd Williamson Deibel Subdivision; thence run westerly 8long the south line of said Willlamson De/be/ Subdivision to the east right-of-way line of Gleason Street; thence run southerly ~on the east right-of-way line of Gleason Street to the south line of the Dover House Condominium; thence run easterly ~long the south line of said Dover House Condominium to the west right-of-way line of AIA: thence run northeasterly along the west right-of-way line of A1A to the easterly projectiOn of the north right-of-way line of Lowry Street; thence run westerly along the easterly projection of, the north right-o~-way line of, and the westerly projection of the north right-of-way line of Lowry Street to the west right-of-way line of the Intraooastal Waterway; thence run nOrtheasterly along the west right-of-way line of the Intracoastal Waterway to the centerline of the right-of-way o~ N.E. 1st Court; thence run westerly along the centerllne of the right-of-way of N.E. 1st Court to the west right-of-way line of N.E. 7th Avenue; thence run southerly along the west right-of-way line of N.E. ?th Avenue to the south lot line of Lot 15 of Block 1~§ of Town of Linton Plat as recorded in Plat Book ], Page 3, . '' ...... T E L N o . 4 0 7 2 7 ::_;: .4 7 ~. 5 ~q f:, r- O 7 ':~ ?' i <: 2 ¢. F:' ~-~ i:. Palm Beach County Records; thence run westerly along the south lot line of said Lot 15, and the westerly projection thereof to the east lot line of Lot § of Block 115 of said Town of Linton Plat; thence run northerly along the east lot line of said Lot 5, and the northerly projection thereof to the southeast corner of Lot 38 of The Hofman Addition, as recorded in Plat Book 5, Page 3, Palm Beach County Records; thence run easterly along the easterly projection of the south lot line of Lot 38 to the southeast Corner of Lot 49 of said Hofman Addition; thence run northerly along the east lot line of said Lot 49 and the northerly projection thereof to the northeast corner of Lot 44 of said Hofman Addition; thence run westerly along the north lot of said Lot 44 and the westerly projection thereof to its intersection w/th the southerly Projection of the east lot line of Lot 14, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Records; thence run northerly along the southerly projection of the east lot line of said Lot 14, the east lot line of said Lot 14, and the northerly projection of the east lot line Of said Lot 14 to its intersection with the oenterline of the abandoned N.E. 7th Court right-of-way; thence run easterly along said centerline of N.E. ?th Court right-of-way to the west right-of-way line of N.E. 7th Avenue; thence run northerly along N.E. 7th Avenue to the northeast corner of Lot 45, MCGfnley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Records; thence run westerly along the north lot line of said Lot 45 and the westerly proJection thereof to the southeast corner of Lot 59 of said McGtnley and Gosman's Subdivision; thence run northerly along the east lot line of said Lot 59 and the northerly proJection thereof to the north line of the Sophia Frey Subdivision, as recorded in Plat Book 4, Page 37, Palm Beach County Records, thence run easterly along the north line of said subdivision to the southwest corner of the Martell Arms Plat, as recorded in Plat Book 37, Page 133, Palm Beach County Records; thence run northerly along the west line of said Martell Arms Pl~t to the northwest corner of said Martell Arms Plat; thence run easterly along the north line of said Martell Arms Plat to the west right-of-way line of N.E. 8th Avenue; thence run northerly along the west right-of-way line of N.E. 8th Avenue to the north line of Kenmont Subdivision, as recorded in Plat Book 20, Page 65, Palm Beach County Records; thence run easterly along the north line of said subdivision to the west line of the Denery Lane Subdivision, as recorded in Plat Book 23, Page 238, Palm Beach County Records; thence run northerly along the west line of said subdivision to the south line of La Hacienda Subdivision, as recorded in Plat Book 15, Page 6, Palm Beach County records; thence run easterly along the south line of said subdivision to the west right-of-way line of the Intracoastal Waterway; thence run northerly along the west right-of-way line of the Intzucoastal Waterway to its intersection with the south town limits of the Town of Gulfstream; thence run westerly along said south town limits to the southerly projection of the east line of Delray Beach Estates, as recorded in Plat Book 21, Pa~e 13, Palm Beach County Records; thence run northerly along the southerly projection of, and the east line of said Delray Beach Estates to its intersection with the east right-of-way line of State Road 5 (U.S. #1); thence run southerly along said east right-of-way line to its intersection with the easterly proJection of the south lot line of Lot 20 of Delray Beach Estates as recorded in Plat Book 21, Page 13; thence run northwesterly along the easterly projection of the soUth lot line of said Lot 20, the south lot line of said Lot 20, and the westerly projection of the south lot line of said Lot 20 to the west right-of way line of Old Dixie Highway; thence run northerly along the west right-of-way line of Old Dixie Highway to the south right-of-way line of Gulfstream Boulevard; thence run westerly along Gulfstream Boulevard to the east right-of way line of N.~. 2nd Avenue; thence run southerly along N.E. 2nd Avenue to the north right-of-way line of N.E. 8th Street; thence run westerly along N.E. 8th Street to the east right-of-way line of North Swinton Avenue; thence run southerly along North Swinton Avenue to the point of be~tnning. However, said ar~a as defined by the boundaries described above shall not include such properties presently outside the Jurisdiction of the city of Delray Beach until such time as those properties may be anneaed by the City of Delray Beach in which event they shall become part of the area.