Res 26-04RESOLUTION NO. 26-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRIBED BY THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTiVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City
Commission of the City of Delray Beach, Florida, created the Delray Beach Community
Redevelopment Agency; and
WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375, Florida
Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by
gift, purchase or eminent domain any real property within the community redevelopment area; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested
by Resolution No. 04-03, adopted by the Delray Beach Community Redevelopment Agency, to
authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property
described therein, and
WHEREAS, Section 163.370(1)(e)(2), Florida Statutes, further provides that a community
redevelopment agency may not exercise any power of eminent domain unless the exercise has been
specifically approved by the governing body of the municipality which established the agency; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve
or authorize the acquisition of the property hereinafter described by the Delray Beach Community
Redevelopment Agency by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized
to acquire fee simple tire by gift, purchase or eminent domain that certain property more specifically
legally described as follows:
Parcel 1: The West 50 feet of Lot 11, less the north 9.4 feet thereof, and the West
50 feet of Lot 12, Block 76, TOWN OF DELRAY (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 in Plat Book 1, page
Parcel 2: Lot 7, Block 76, TOWN OF DELRAY (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 in Plat Book 1, page 3.
Parcel 3: Lot 1 and the North 4.06 feet of Lot 2, less the west 10 feet thereof, Block
76, TOWN OF DELRAY (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
in Plat Book 1, page 3.
Parcel 4: The South 70.64 feet of LOt 2, less the west 10 feet thereof, Block 76,
TOWN OF DELRAY (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 in
Plat Book 1, page 3.
Section 2. That this resolution shall take effect immediately upon passage.
D in regular session on this the /~ day
AND
ADOPTED
,2004.
A'I'I'EST:
City Clerk
of
2 RESOLUTION NO. 26-04
[ITY OF I]ELRrl¥ BEI [H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
DATE:
TO:
MEMORANDUM
March 9, 2004
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT:
Resolution 26-04 Authorizing the Community Redevelopment
Agency (CRA) to Acquire Fee Simple Title by Gift Pumhase or
Eminent Domain for Property Needed for Old School Square
Expansion Including Additional Parkinq
The CRA passed Resolution 04-03 regarding the aforementioned property
acquisition.
The attached Resolution 26-04 is a resolution of the City of Delray Beach
authorizing the CRA to acquire the property in the resolution and as generally
depicted in the map attached hereto.
Please place this resolution on the March 16, 2004 City Commission agenda for
Attachments
Cc:
Barbara Garito, City Clerk
Diane Colonna, Director of the CRA
RESOLUTION NO. 26-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED
BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN;
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City
Commission of the City of Delray Beach, Florida, created the Delray Beach Community
Redevelopment Agency; and
WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375, Florida
Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire
by gift, purchase or eminent domain any real property within the community redevelopment area;
and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested
by Resolution No. 04-03, adopted by the Delray Beach Community Redevelopment Agency, to
authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property
described therein, and
WHEREAS, Section 163.370(1)(e)(2), Florida Statutes, further provides that a community
redevelopment agency may not exercise any power of eminent domain unless the exemise has
been specifically approved by the governing body of the municipality which established the
agency; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve
or authorize the acquisition of the property hereinafter described by the Delray Beach Community
Redevelopment Agency by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized
to acquire fee simple title by gift, purchase or eminent domain that certain property more
specifically legally described as follows:
Parcel 1: The West 50 feet of Lot 11, less the north 9.4 feet thereof, and the West
50 feet of Lot 12, Block 76, TOWN OF DELRAY (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, Flodda in Plat Book 1, page
Parcel 2: Lot 7, Block 76, TOWN OF DELRAY (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 in Plat Book 1, page 3.
Parcel 3: Lot 1 and the North 4.06 feet of Lot 2, less the west 10 feet thereof, Block
76, TOWN OF DELRAY (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, Flodda in Plat
Book 1, page 3.
Parcel 4: The South 70.64 feet of Lot 2, less the west 10 feet thereof, Block 76,
TOWN OF DELRAY (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 in Plat
Book 1, page 3.
Section 2. That this resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,2004.
ATTEST: M A Y O R
City C~erk
L
OLD
SCHOOL
SQUARE
ATLANTIC
LJ LJ
AVEN U
/
E
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
COMMUNITY REDEVELOPMENT AGENCY
- PROPERTY ACQUISITION MAP -
RESOLUTION 26-04
DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY
Interoffice Memo
Tm Susan Ruby
C~
Fram=
R~
Juliana M. Steele, Assistant Director/ContT011er
Resolution 04-03 - OSS block propentes eminent domain resolution
Hi Susan -
Attached please find the Old School Square block eminent domain resolution that
was passed at the CRA's February 12, 2004 board meeting.
Thanksl
104 West Ad~n~ic Avenue · Delray Beach, Florida
561-276-8640 · Fax 561-276-8558
RECEIVED
FEll 2 3
CITYA]'rORNEY
RESOLUTION NO. o'-~-,c~
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY REQUESTING THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH TO AUTHORIZE THE
ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE
OR EMINENT DOMAIN OF CERTAIN PROPERTY
HEREINAFTER DESCRIBED, FINDING THAT SAID
PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE
OF REDEVELOPMENT IN ACCORDANCE WITH THE
COMMUNITY REDEVELOPMENT PLAN; AND FOR
OTHER PURPOSES.
WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a
Community Redevelopment Plan for the area within its jurisdiction; and
WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community
Redevelopment Agency has established goals and objectives with respect to the revitalization of
the downtown business dislrict, the expansion and enhancement of Old School Square and the
providing of additional parking in the downtown Delray Beach area; and
WHEREAS, on January 20, 2004, the electors of the City of Delray Beach approved a
bond referendum for the expansion of Old School Square by acquiring additional land and for
the construction of a parking garage to free up existing parking areas for a downtown park; and
WHEREAS, the Community Redevelopment Agency has determined that it is in the
public's interest to proceed with the acquisition of the properties hereinafter described by girl,
purchase, or eminent domain and pursuant to Chapter 163.330, et seq., ~ being
the "Community Redevelopment Act of 1969," it is appropriate to request the City of Delray
Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power
of eminent domain to the extent it determines is necessary for the said acquisition of the
properties described below.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray
Beach Community Redevelopment Agency that:
~: The City Commission of the City of Delray Beach is hereby requested to
authorize the acquisition of the following real property legally described as follows:
parcel 1: The West 50 feet of Lot 11, less the north 9.4 feet thereof, and
the West 50 feet of Lot 12, Block 76, TOWN OF DELRAY (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 in Plat Book I, page
3.
parcel 2: Lot 7, Block 76, TOWN OF DELRAY (formerly Linton)
according to the plat thereefon file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida in Plat Book 1, page 3.
parcel 3: Lot I and the North 4.06 feet of Lot 2, less the west I0 feet
thereof, Block 76, TOWN OF DELRAY (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 in Plat Book 1, page 3.
pardi 4: The South 70.64 feet of Lot 2, less the west 10 feet thereof,
Block 76, TOWN OF DELRAY (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 in Plat Book 1, page 3.
by gift, purchase, or eminent domain as described in Chapter 163.330, et seq., ~
being the "Community Redevelopment Act of 1969," and Chapters 73 and 74 ~.
The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said
prope~y by giR, purchase, or eminent domain following the delegation of the above=described
power of eminent domain.
~: The Board of Commissioners of the Community Redevelopment Agency
hereby determines that it is necessary to acquire the property described above pursuant to its
2
Commllrlity Redevelopment Plan and specifically its "Block 76 and Block 84 Redevelopment"
project as set forth therein.
Section Three: This Resolution shall take effect immedialely upon passage.
PASSED AND ADOPTED this ._l~___ day of _~,s~, 2004.