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Res 69-92 RESOLUTION NO. 69-92 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 1-6, 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, 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 1-6, 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, being described as the following specific parcels: Parcel A: The West 67 feet of the North 50 feet of Lot 1, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PS 1, p 3) Parcel B: The East 1/2 of Lot 1, less th~ South 26.8 feet thereof, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PB 1, p 3) Parcel C: The South 26.8 feet of Lot 1 and the North 11.2 feet of Lot 2, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PB 1, p 3) Parcel D: The South 5.2 feet of the North 16.4 feet of Lot 2, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PB 1, pg 3) Parcel E: The North 50 feet of the South 58.9 feet of Lot 2, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PB 1, pg 3) Parcel F: The South 8.3 feet of Lot 2 and all of Lot 3, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PB 1, pg 3) Parcel G: The North 49.4 feet of Lot 4, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PB 1, pg 3) Parcel H: The South 25.3 feet of Lot 4 and all of Lot 5, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PB 1, pg 3) Parcel I: Lot 6, Block 44, TOWN OF DELRAY BEACH (formerly Linton) (PB 1, pg 3) 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. - 2 - Res. No. 69-92 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 the 2$th day of July, 1992. ATTE S T: City ClerR ; · - 3 - Res. No. 69-92 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ROM: CITY MANAGE%i / SUBJECT: AGENDA ITEM ~ ~'N. _ MEETING OF JULY 28. 1992 RESOLUTION NO. 69-92 DATE: July 24, 1992 This is a resolution authorizing the acquisition of Lots 1 - 6, 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. 69-92. £1T¥ DF nELRIIV BEfl£H CITY ATTORNEY'S OFFICE Writer's Direct Line (407) 243-7091 MEMORAND~ DATE: July 23, 1992 JC'~ 8j 1992 TO: C i ty Co~i s s ion FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Resolution No. 69-92 Authorizing the Acquisition of Lots 1-6~ Block 44~ Town of Delray Beach This Resolution will authorize the City Attorney to commence legal action to acquire nine parcels north of the existing Tennis Center. 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