HomeMy WebLinkAboutVII (A) Resolution No. 99-12, Aquisition by Eminent Domain of Property between Orlando Avenue and Columbus Street for Fire Station No. 1 Relocation Agenda 5-04-99
Item VII A
FOLEY & LARDNER
A -• LORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377.0275
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney IV. '-
DATE: April 27, 1999
RE: Fire Station l Relocation
At the April 20, 1999 City of Ocoee Commission meeting, the Commissioners
discussed the proposed relocation of existing Fire Station 1 to property located along the west
side of Bluford Avenue between Orlando Avenue and Columbus Street. The Commissioners
directed the City Attorney to prepare a resolution authorizing condemnation of the property to
be considered at the May 4, 1999 meeting.
Attached is proposed Resolution No. 99-12 which authorizes the filing of a
condemnation action. The adoption of the resolution and the filing of the condemnation action
are necessary in order to proceed with condemnation.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners approve
Resolution No. 99-12 authorizing execution thereof by the Mayor and City Clerk and further
authorizing the City Attorney to file the necessary condemnation action and proceed to acquire
the properties by quick-take proceeding.
MAD:dr
Enclosure
cc: Ellis Shapiro, City Manager (w/encl.)
Chief Ron Strosnider, Fire Department (w/encl.)
Paul E. Rosenthal, Esq. (w/encl.)
D/L
006.121608.1
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RESOLUTION NO. 99-12
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO FEE TITLE, LOCATED GENERALLY AND
ALONG THE WEST SIDE OF BLUFORD AVENUE
BETWEEN ORLANDO AVENUE AND COLUMBUS
STREET; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the City of
Ocoee with safe and efficient fire protection services; and
WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this
Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee finds a public need and
necessity exists to acquire, by eminent domain, fee simple title to the lands described in
Exhibit "A" attached hereto and incorporated hereby by reference; and
WHEREAS, the City Commission of the City of Ocoee finds a public need and
necessity exists to acquire the lands in fee simple title described in Exhibit "A" hereto for
public fire safety and protection purposes in connection with the relocation, design,
engineering, construction, and expansion of the City of Ocoee Fire Station One ("the
Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of the
said lands are necessary for public fire safety and protection, and that the acquisition of the
said lands therein otherwise to be in the public interests of the municipality and the people
thereof; and
WHEREAS, the interests to be acquired, fee simple title, are more particularly
described in Exhibit "A" hereto; and
WHEREAS, all conditions precedent to the exercise of the power of eminent domain
have been satisfied by the City of Ocoee; and
WHEREAS, if any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto; and
WHEREAS, this Resolution shall become effective immediately upon passage and
adoption.
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. That the acquisition, by eminent domain, of the interests indicated in the
following parcels for the purposes set forth above has been found to be, and is found and
determined to be, necessary, in the best interest of the public and for a public use and purpose,
the legal descriptions of said parcels being more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof:
Section 2. That the appropriate officers, employees and attorneys of the City of Ocoee
are authorized to proceed forthwith to institute such necessary and proper actions and
proceedings and to comply with all legal requirements as may be necessary or proper for the
acquisition by eminent domain of the fee simple absolute title in the property described in
attached Exhibit "A."
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006.136632.1
Section 3. That if any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 4. That this Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of 1999.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By: By:
Name: Jean Grafton Name: S. Scott Vandergrift
Title: Clerk Title: Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF 1999.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
By: ON , 1999 UNDER
Name: Paul E. Rosenthal AGENDA ITEM NO.
Title: City Attorney
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006.136632.1
EXHIBIT A
Parcel No.: 101
Owner: Edwin L. & Donna E. Cortez
Interest: Fee Simple
Lot 9 and the North 87 feet of Lot 10, Block 4, TOWN OF OCOEE, Plat Book A, Page 100,
Public Records of Orange County, Florida.
006.137263.1 Page 1 of 2
Parcel No.: 102
Owner: Kathryn S. Barley
Interest: Fee Simple
Lots 10 and 11 (less north 87 feet and less Lot 11 west of railroad), Block 4, TOWN OF
OCOEE, Plat Book A, Page 100, Public Records of Orange County, Florida.
006.137263.1 Page 2 of 2