Res 89-92 RESOLUTION NO. 89-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 69-92
IN ITS ENTIRETY AND AUTHORIZING THE ACQUISITION IN FEE
SIMPLE OF CERTAIN REAL PROPERTY, 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, on July 28, 1992, the City Commission of the City of
Delray Beach adopted Resolution No. 69-92, authorizing the acquisition
of certain lands within the City for the expansion and improvement of
the municipal tennis center; and,
WHEREAS, since the adoption of Resolution No. 69-92, surveys
have been prepared of the subject property and it was discovered that
the legal descriptions contained in said Resolution contained errors,
overlaps and hiatus parcels; and,
WHEREAS, the City Commission further finds it necessary that
additional lands be acquired for the subject public project; and,
WHEREAS, it is the intention of this Resolution to repeal
Resolution No. 69-92 in its entirety and to authorize the acquisition of
the lands set forth herein; and,
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 purposed 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, AS FOLLOWS:
Section 1. That the City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. That Resolution No. 69-92, adopted by the City
Commission on July 28, 1992, is repealed in its entirety.
Section 3. That 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 4. That 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:
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 & Doney, P.A., as independent counsel in this matter.
Section 5. That 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 6. That this resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED in regular session on this the llth day of
August, 1992.
ATTEST:
-2- Res. No. 89-92
EXHIBIT "A"
LEGAL DESCRIPTIONS OF LANDS
NECESSARY FOR TENNIS CENTER
(By Individual Ownership)
(13 Parcels)
Parcel A:
Being the west sixty-seven (67) feet of the north fifty (50) feet of Lot
1, Block 44, of the Town of Delray, as per plat of said town on file in
the Office of the Clerk of the Circuit Court, in and for Palm Beach
County, Florida.
Parcel B:
The east one-half of Lot 1, less the south 26.8 feet, Block 44, Delray
Beach (formerly Linton), according to the plat thereof on file in the
Office of the Clerk of the Circuit Court, in and for Palm Beach County,
Florida.
Parcel C:
The south 26.8 feet of Lot 1 and the north 11.2 feet of Lot 2, Block 44,
being in the Town of Delray Beach, formerly Linton, according to the
plat now on file in the Office of the Clerk of the Circuit Court, in and
for Palm Beach County, Florida.
Parcel D:
The south 5.2 feet of the north 16.4 feet of Lot 2, Block 44, Town of
Delray, according to the plat thereof now on file in the Office of the
Clerk of the Circuit Court, in and for Palm Beach County, Florida.
Parcel E:
The north fifty (50) feet of the south 58.9 feet of Lot 2, Block 44,
being in the Town of Delray Beach, formerly Linton, according to the
plat thereof now on file in the Office of the Clerk of the Circuit
Court, in and for Palm Beach County, Florida.
Parcel F:
The south 8.3 feet of Lot 2 and all of Lot 3, Block 44, City of Delray
Beach, Florida, according to a plat thereof on file in the Office of the
Clerk of the Circuit Court, in and for Palm Beach County, Florida.
Parcel G:
The north 49.4 feet of Lot 4, Block 44, in Delray Beach, formerly
Linton, according to the plat now on file in the Office of the Clerk of
the Circuit Court, in and for Palm Beach County, Florida.
-3- Res. No. 89-92
Parcel H:
Lot 5 and the south twenty-five and three/tenths (25.3') feet of Lot 4,
Block 44, of the City of Delray Beach, formerly Linton, according to the
plat thereof now on file in the Office of the Clerk of the Circuit
Court, in and for Palm Beach County, Florida.
Parcel I:
All of Lot 6, Block 44, in Delray Beach, formerly Linton, according to
the plat thereof now on file in the Office of the Clerk of the Circuit
Court, in and for Palm Beach County, Florida.
Parcel J:
The north 0.60 feet of the south 8.90 feet of Lot 2, Block 44, Map of
the Town of Linton, Florida, according to the plat thereof recorded in
Plat Book 1, at Page 3, of the public records of Palm Beach County,
Florida, said lands situate within the City of Delray Beach, Palm Beach
County, Florida.
Parcel K:
Lot 1, less the east one-half (E 1/2), less the south 26.8 feet and less
the west 67 feet thereof, Block 44, Map of the Town of Linton, Florida,
according to the plat thereof recorded in Plat Book 1, at Page 3, of the
public records of Palm Beach County, Florida, said lands situate within
the City of Delray Beach, Palm Beach County, Florida.
Parcel L:
The east 90.00 feet of Lot 16, Block 43, Map of the Town of Linton,
Florida, according to the plat thereof recorded in Plat Book 1, at Page
3, of the public records of Palm Beach County, Florida, said lands
situate within the City of Delray Beach, Palm Beach County, Florida.
Parcel M:
Lot 16, less the east 90.00 feet thereof, Block 43, Map of the Town of
Linton, Florida, according to the plat thereof recorded in Plat Book 1,
Page 3, of the public records of Palm Beach County, Florida, said lands
situate within the City of Delray Beach, Palm Beach County, Florida.
-4- Res. No. 89-92
IT¥ OF [IELRR¥
~ i,~.-..,,· ~ ~TTOflNEY'S OFFICE ..... ' '" - ~"
Writer's Direct L£ne
(407) 243-7092
MEMOR~NDU~
Date: August 7, 1992
To: City Commission
From: Jeffrey S. Kurtz, City Attorney/
Subject: Booster Station Property and Tennis Center Property
Resolutions of Takinq
The backup material regarding the two above matters will be
forthcoming prior to Tuesday's meeting. ~DtUg~5~ ;I , /gqb>
Should you have any further questions regarding these matters,
please do not hesitate to contact me.
JSK:jw