Res 68-92 RESOLUTION NO. 68-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACQUISITION IN FEE SIMPLE OF CERTAIN REAL
PROPERTY, BEING LOTS 7-16, INCLUSIVE, BLOCK 44,
TOWN OF DELRAY BEACH (FORMERLY LINTON), AS SHOWN
ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 1,
PAGES 3 AND 4, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF
EXPANDING AND IMPROVING ITS MUNICIPAL TENNIS
CENTER, FINDING THAT THE ACQUISITION OF SAID
PROPERTY IS REASONABLY NECESSARY FOR THE
EXPANSION AND IMPROVEMENT OF ITS MUNICIPAL
TENNIS CENTER; 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 of the City of Delray Beach
has recommended the acquisition of certain real property to be
utilized for the expansion and improvement of the City's
municipal tennis center; and
WHEREAS, it is necessary that the City acquire the
hereinafter described property in order to expand and improve
said facility; and
WHEREAS, there currently exists a dispute as to the
ownership of the hereinafter described property, and the City of
Delray Beach is Plaintiff in a pending quiet title action, being
Case No. CL-91-1129-AI, in which ownership to said lands is being
litigated; and
WHEREAS, the City is contractually obligated to
complete the above-referenced tennis center improvements by
February, 1993, and it is necessary that the City acquire fee
simple title to the same by eminent domain proceedings in order
to continue and complete the above-described public improvements;
and
WHEREAS, the subject lands may be subject to a
reversionary interest, the validity and extent of which will be
determined in the pending quiet title action. It is necessary
that the City acquire said interest by eminent domain in order to
continue and complete the above-described public improvements;
and
WHEREAS, the City Commission finds that the acquisition
of the hereinafter described property in fee simple for the
expansion and improvement of the municipal tennis center 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 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 COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, THAT:
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, and experts in other
disciplines whom 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 acquire in its own name
by donation, purchase or eminent domain proceedings, fee simple
title to the property, more particularly legally described as
follows:
Lots 7-16, inclusive, Block 44, TOWN OF DELRAY
BEACH (formerly Linton), as recorded in Plat
Book 1, Pages 3 and 4, 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 the firm of Vance & Doney, P.A., as
independent counsel 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 this
day of , 1992.
MAYOR
ATTEST:
City Clerk
· - 2 - Res. No. 68-92
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/t
SUBJECT: AGENDA ITEM # ~'M' - MEETING OF JULY 28, 1992
RESOLUTION NO. 68-92
DATE: July 24, I992
This is a resolution authorizing the acquisition of Lots 7 - 16,
Block 44, Town of Delray for the public purpose of expanding and
improving the Municipal Tennis Court. The resolution also provides
that in the event eminent domain proceedings are necessary that the
City Attorney is authorized to retain the services of appraisers,
experts in other disciplines, and private counsel to assist in this
matter.
Recommend approval of Resolution No. 68-92.
[lTV DF DELRflV BEIIgH
CITY ATTORNEY'S OFFICE ~'~ ~TM~¥~' ~^¥ ~'~' ~°"~^ ~
FACSIMILE 407/278-4755
Writer's Direct Line
(407) 243-7091
MEMO~NDUM
. ~./..-~ ~ .
DATE: July 23, 1992 ~1~ ~3 /00,,
TO: City Co~ission '~/7F ~,(% '9',5' Oi:F/~" J~
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Resolution No. 68-92 Authorizing the Acquisition of
Lots 7-16, Block 44~ Town of Delray Beach
This Resolution will authorize the City Attorney to commence
any necessary legal action to acquire Lots 7-16 of Block 44.
The acquired property will be used for the expansion and
improvement of the Municipal Tennis Center.
If you have any questions, please call.
SAR:ci
Attachment
cc David Harden, City Manager