HomeMy WebLinkAboutVII (I) Resolution No. 2000-10, Relating to Pioneer Key II Drainage Improvement Project Agenda 9-19-2000
Item VII I
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802 2193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SURE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 3 2 80 1-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE. 1407)64B-1743 WASHINGTON. D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407)423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@foleylaw.com 0 203 7 7-0247
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City Attorney AAC13
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: September 11, 2000
RE: Pioneer Key II Drainage Improvement Project: Resolution No. 2000-10
Based on the final project design prepared by PEC, the chart below sets forth
the properties which need to be acquired by the City in fee simple in order to complete the
project. The appraisal firm of Property Valuation & Consulting, Inc. has appraised the fee
simple properties and those appraised values are also set forth below. The appraisals are
available in the City Clerk's office for your review.
Parcel No. Legal Interest Owner Appraised Value
Parcel 1 Fee Sam Zalloum, as Trustee $ 17,000.00
Estate of Sherill Ray Harper, as to
Parcel 2 Fee undivided 1/2 interest and Ray Harper $ 26,000.00
Trust Agreement, as to an undivided
' interest
Estate of Sherill Ray Harper, as to
Parcel 3 Fee undivided 1/2interest and Ray Harper $ 25,500.00
Trust Agreement, as to an undivided
'h interest
We have contacted each of these property owners and made offers based on the
appraised value, subject to approval by the City Commission. Copies of the offer letters are
attached for your review. To date we have not been able to obtain purchase agreements nor
have we received any counteroffers from the property owners. Mr. Zalloum's property is
encumbered by over $32,000.00 in City of Ocoee code enforcement liens. Because Mr.
a)))c
ESTABLISHED , 842
A MEMBER OF GLORALEX Wien member OFFICES IN Br EL BRUSSELS,DanoeN, FRANKFURT.LoNoorv,SINGAmrvs,STOCKHOLM AND STurr ART
FOLEY & LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
September 11, 2000
Page 2
Zalloum cannot convey clear title to the City without satisfying these liens, he has refused to
voluntarily convey his property. It is still possible to negotiate a voluntary sale or acquisition
of the remainder of the above properties based on the values indicated. However, in the event
a voluntary sale cannot be negotiated, it will then be necessary to acquire the interests by filing
a condemnation action.
Attached is proposed Resolution No. 2000-10 which authorizes the filing of a
condemnation action. The adoption of this Resolution and the filing of the condemnation action
are necessary in order to avoid any delay in the schedule prepared by City Staff. It is our
intention to immediately file the condemnation action and to proceed to acquire the interests by
a "quick-take" proceeding. A quick take proceeding allows the City to acquire title to the
needed properties by demonstrating to the Court's satisfaction a public need and necessity for
the property and the deposit of the City's good faith estimate of value in the Court Registry.
This evidence is presented at an Order of Taking hearing, generally held 60-90 days after the
condemnation suit is filed. Once the City deposits its good faith estimate of value, title to the
property transfers to the City. The property owner, however, is entitled to a jury trial on the
ultimate valuation of the property at some time in the future. This procedure allows public
bodies to obtain title quickly so that public projects are not delayed but imposes the risk on the
public body of what the ultimate valuation of the acquired property is determined to be.
RECOMMENDATION:
It respectfully is recommended that the Mayor and City Commissioners:
1. Approve Resolution No. 2000-10 authorizing execution thereof by the
Mayor and City Clerk and further authorize all necessary actions in
order to proceed to acquire the properties by quick-take proceeding.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
David Wheeler
David Hamstra, PEC
006.193215
FOLEY & LARDNER
[HICAGO POST OFFICE BOX 2193 SACRAMENTO
:ENVER =RLANDO. FLORIDA 32802 2103 SAN DIEGO
JACKSONVILLE I NORTH ORANGE AVENUE. SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 32801.2386 TALLAHASSEE
MADISON TELEPHONE (407)423-7656 TAMPA
LWAUKEE FACSIMILE. ILOT 6LB 743
ORLANDO PALM WEST AC.
WEST PALMBEACH
WRITER'S DIRECT LINE
423-7656
EMAIL ADDRESS
mdoty[�foleylaw.com CLIENT/MATTER NUMBER
020377/0247
June 2, 2000
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Sam Zalloum
1052 Montgomery Road, #148
Altamonte Springs, Florida 32714
Re: City of Ocoee: Pioneer Key II Drainage Improvement Project
Dear Mr. Zalloum:
The City has now completed its design of the above referenced project. The
proposed improvements require the acquisition of a parcel of land owned by you within
Pioneer Key II Mobile Home Park, more particularly described as Lot 10, Block H ("the
Property"). The Property is needed for the installation of drainage improvements.
The City has had this parcel appraised by Property Valuation & Consulting,
Inc. and is prepared to move forward with acquisition at the Property's appraised value of
$17,000.00. This letter sets forth the willingness of the City staff to make a recommendation
to the Ocoee City Commission that the Property be purchased from you based on the appraised
value as determined by Property Valuation & Consulting, Inc. Any agreement, however, is
subject to the approval of the Ocoee City Commission and is not binding on the City unless
approved by the Ocoee City Commission.
006.183296
ESTABLISHED 18•2
FOLEY & LARONER
Mr. Sam Zalloum
June 2. 2000
Page 2
It would be appreciated if you would give me a call after you have had an
opportunity to review this letter. Our goal is to present an agreement to the Ocoee City
Commission on this Property at its meeting of July 18, 2000. We are prepared to answer any
of your questions and to work with you to meet this schedule.
Very truly yours,
Mary A. Doty
Assistant City Attorney
City of Ocoee
MAD:md
Enclosures
cc: Ellis Shapiro, City Manager
David Wheeler, City Engineering Dep't.
David Hamstra, PEC
006.183296
FOLEY & LARDNER
Ar
CHICAGO POST 3ET10E Box 2193 SACRAMENTS
DENVER ORLANDO. ELORIDA 32802 2193 SAN DIEGC
JACKSONVILLE I I I NORTH ORANGE AVENUE. SURE 1800 SAN FRANCISCC
LOS ANGELES ORLANDO. FLORIDA 32E101-2386 TALLAHASSEE
MADISON TELEPHONE ''407) 423-7656 TAMPA
MILWAUKEE FACSIMILE L4071 648 1743 WASH INGTON, O.0
ORLANDO
WEST PALM BEACH
WRITER'S DIRECT LINE
423-7656
EMAIL ADDRESS
ATTER
mdoty@folcylaw.com NENTM0203 NUMBER
20377/0247
June 2, 2000
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Sherill R. Harper and Ray Harper Trust
do E. Dean Harper
4114 Apopka-Vineland Road
Orlando, Florida 32818
Re: City of Ocoee: Pioneer Key II Drainage Improvement Project
Dear Mr. Harper:
The City has now completed its design of the above referenced project. The
proposed improvements require the acquisition of an improved parcel of land owned by you
within Pioneer Key II Mobile Home Park, more particularly described as Lot 2, Block G,
having a street address of 71 Sand Dollar Key Drive, Ocoee, Florida ("the Property"). The
Property is needed for the installation of drainage improvements.
The City has had this parcel appraised by Property Valuation & Consulting,
Inc. and is prepared to move forward with acquisition at the Property's appraised value of
$26,000.00. This figure includes both the land and improvements located on the Property.
This letter sets forth the willingness of the City staff to make a recommendation to the Ocoee
City Commission that the Property be purchased from you based on the appraised value as
determined by Property Valuation & Consulting, Inc. Any agreement, however, is subject to
the approval of the Ocoee City Commission and is not binding on the City unless approved by
the Ocoee City Commission.
006.183183
ESTABLISHED 1842
FOLEY & LARDNER
E. Dean Harper
June 2. 2000
Page 2
It would be appreciated if you would give me a call after you have had an
opportunity to review this letter. Our goal is to present an agreement to the Ocoee City
Commission on this Property at its meeting of July 18, 2000. We are prepared to answer any
of your questions and to work with you to meet this schedule.
Very truly yours,
L&-HMary A. oty
Assistant City Attorney
City of Ocoee
MAD:md
cc: Ellis Shapiro, City Manager
David Wheeler, City Engineering Dep't.
David Hanvstra, PEC
006.183183
FOLEY & LARDNER
CHICAGO POST OFFICE BOX 2193
-JNER ORLANDO. FLORIDA 32902 SASAN MEMO
2 E I SAN DISCO
.ACANGELESE NOA ORANGE AVENUE SURE IBOC SANLLA AS EE
'.A ANGELES ORLANDO. FLORIDA ]71 23- 656 TALLAHASSEE
'.Ag50N TELEPHONE 14 71eda 0656 T. DPA
�ILWAUAEE FACSIMILE. 140T 6451 743
WASHINGTON., A
RLANDO
WEST PALM BEACH
WRITER'S DIRECT LINE
423-7656
EMAIL ADDRESS
UMBER
mdoty®foleylaw.com CLIEMM0203ATTER 710247
020377/0247
June 2, 2000
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Sherill R. Harper and Ray Harper Trust
c/o E. Dean Harper
4114 Apopka-Vineland Road
Orlando, Florida 32818
Re: City of Ocoee: Pioneer Key II Drainage Improvement Project
Dear Mr. Harper:
The City has now completed its design of the above referenced project. The
proposed improvements require the acquisition of an improved parcel of land owned by you
within Pioneer Key II Mobile Home Park, more particularly described as Lot 3, Block G,
having a street address of 70 Sand Dollar Key Drive, Ocoee, Florida ("the Property"). The
Property is needed for the installation of drainage improvements.
The City has had this parcel appraised by Property Valuation & Consulting,
Inc. .and is' prepared to move forward with acquisition at the Property's appraised value of
$25,500.00. This figure includes both the land and improvements located on the Property.
This letter sets forth the willingness of the City staff to make a recommendation to the Ocoee
City Commission that the Property be purchased from you based on the appraised value as
determined by Property Valuation & Consulting, Inc. Any agreement, however, is subject to
the approval of the Ocoee City Commission and is not binding on the City unless approved by
the Ocoee City Commission.
006.183179
ESTABLISHED 1802
FOLEY & LARDNER
E. Dean Harper
June 2. 2000
Page 2
It would be appreciated if you would give me a call after you have had an
opportunity to review this letter. Our goal is to present an agreement to the Ocoee City
Commission on this Property at its meeting of July 18, 2000. We are prepared to answer any
of your questions and to work with you to meet this schedule.
Very truly yours,
Mary A. Doty
Assistant City Attorney
City of Ocoee
MAD:md
cc: Ellis Shapiro, City Manager
David Wheeler, City Engineering Dep't.
David Hamstra, PEC
006.183179
RESOLUTION NO. 2000-10
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
WITHIN PIONEER KEY II MOBILE HOME PARK;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the drainage
needs for the future development of the City of Ocoee; 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, various interests in the lands described in
Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, the City Commission of the City of Ocoee fords a public need and
necessity exists to acquire the lands and other interests described in Exhibit "A" hereto for
drainage and stormwater management purposes, said drainage and stormwater management
purposes including, but not being limited to, the acquisition of right-of-way for the purpose of
performing upon said right-of-way such activities as may be reasonably necessary in
connection with the design, engineering, construction, and development of the Pioneer Key II
Drainage Improvement Project ("the Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of the
said lands are necessary for public safety, drainage, and stormwater management, and that the
006.192273
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, the City Commission of Ocoee has caused the property described in
Exhibit "A" hereto to be surveyed and has located its line or area of construction and intends
in good faith to construct the Project on or over the described property in accordance with
Section 73.021(6), Florida Statutes (1999); and
WHEREAS, the City Commission of the City of Ocoee finds it its necessary for
drainage and stormwater management purposes that the City acquire a fee simple interest in
the property identified and described in the attached Exhibit "A," said acquisition being for
drainage and stormwater management purposes; 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 a 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.
006 192273 2
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 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:
PARCEL NO.: 1
OWNER: Sam Zalloum, as Trustee
INTEREST: Fee Simple
PARCEL NO.: 2
OWNER: Estate of Sherill Ray Harper, as to an undivided!h interest and Ray
Harper Trust Agreement, as to an undivided 'h interest
INTEREST: Fee Simple
PARCEL NO.: 3
OWNER: Estate of Sherill Ray Harper, as to an undivided '/ interest and Ray
Harper Trust Agreement, as to an undivided 'h interest
INTEREST: Fee Simple
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," the specific interest to be acquired therein being further set forth above
and in the attached Exhibit "A."
Section 3. That if any section, subsection, sentence, clause, phrase, or portion of
this Resolution is for any reason held invalid or unconstitutional by a court of competent
006.192273 3
jurisdiction, such portion 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 2000.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By: By:
Name: lean 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 2000.
FOLEY & LARDNER APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
By: ON , 2000 UNDER
Name: Paul E. Rosenthal AGENDA ITEM NO.
Title: City Attorney
006.192273 4
EXHIBIT A
PARCEL NO.: 1
OWNER: Sam Zalloum, Trustee
INTEREST: Fee Simple
PARCEL 1
LEGAL DESCRIPTION:
Lot 10, Block H, PIONEER KEY PARK SECTION TWO,
according to the plat thereof as recorded in Plat Book 7, Page
145, of the Public Records of Orange County, Florida.
OTHER INTERESTS:
John Vosilla: Mortgage
Julie A. Baker: Mortgage
City of Ocoee: Claims of Lien
Estate of John W. Skiffington: Possible ownership interest
Ocoee Mobile Homes: Possible ownership interest
Clifford R. Freeman: Possible ownership interest
Earl K. Wood, Tax Collector: Ad valorem property taxes
Page 1 of 3
EXHIBIT A
PARCEL NO.: 2
OWNER: Estate of Sherill Ray Harper, as to an undivided 'k interest and Ray
Harper Trust Agreement, as to an undivided 'h interest
INTEREST: Fee Simple
PARCEL 2
LEGAL DESCRIPTION:
Lot 2, Block G, PLAT OF PIONEER KEY PARK, SECTION
TWO, according to the plat thereof as recorded in Plat Book 7,
Page 145, of the Public Records of Orange County, Florida.
OTHER INTERESTS:
City of Ocoee: Claims of Lien
Estate of Laura Gail Harper: Possible ownership interest
Earl K. Wood, Tax Collector: Ad valorem property taxes
Page 2 of 3
EXHIBIT A
PARCEL NO.: 3
OWNER: Estate of Sherill Ray Harper, as to an undivided 'h interest and Ray
Harper Trust Agreement, as to an undivided 'h interest
INTEREST: Fee Simple
PARCEL 3
LEGAL DESCRIPTION:
Lot 3, Block G, PLAT OF PIONEER KEY PARK, SECTION
TWO, according to the plat thereof as recorded in Plat Book 7,
Page 145, of the Public Records of Orange County, Florida.
OTHER INTERESTS:
City of Ocoee: Claims of Lien
Estate of Laura Gail Harper: Possible ownership interest
Earl K. Wood, Tax Collector: Ad valorem property taxes
Page 3 of 3