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Home My WebLink AboutVII (B) Resolution No. 2000-18, Relating to the Acquisition by Eminent Domain of Property Located Generally along the West Side of Bluford Avenue between Orlando Avennue and Columbus Street Agenda ItemVII 12-19-2000B FOLEY & LARDNER ATFORNEYS AT LAW CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO. FLORIDA 3 2 602-2 1 93 SAN DIEGO JACKSONVILLE I II NORM ORANGE AVENUE, SURE 18O0 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 32801-2396 TALLAHASSEE MADISON TELEPHONE'. (4071 423-7656 TAMPA MILWAUKEE FACSIMILE'. (407)648-1743 WASHINGFON, D.O. ORLANDO WEST PALM BEACH WFRFR'S DIRECT LINE EMAIL ADDRESS (407)423-7656 CLIENT/MATTER NUMBER mdoty@foleylaw.com 020377-0275 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Esq., Assistant City Attorney f l.ti) THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: December 8, 2000 RE: Fire Station One Relocation At the July 18, 2000 City of Ocoee Commission meeting, the Commissioners directed Staff to pursue acquisition of the Cortez and Barley parcels necessary for the relocation of the existing Fire Station One to the Bluford Avenue location. Since that time the City has obtained updated appraisal reports on the two properties. The updated appraisal report on the Cortez 1.15 acre parcel located at the corner of Bluford Avenue and West Orlando Avenue was $60,100.00. The updated value on the 2.16 acre Barley parcel located on the northwest corner of the intersection of West Columbus Street and South Bluford Avenue was $98,800.00. Pursuant to Florida Statutes, written offers were sent to Mr. and Mrs. Cortez and Ms. Barley on October 26, 2000. Florida Statutes require that property owners be given 30 days to respond to these offers before the filing an eminent domain petition. To date we have heard no response from Mr. and Mrs. Cortez or Ms. Barley. Because we have been unable to achieve negotiated acquisition of these properties it is now necessary to file an eminent domain petition. Attached is proposed Resolution 2000-18 which authorizes the filing of a condemnation action. The adoption of the resolution is necessary in order to proceed. / , FOLEY E. LARDNER The Honorable Mayor and City Commissioners of the City of Ocoee December 8, 2000 Page 2 RECOMMENDATION: It respectfully is recommended that the Mayor and City Commissioners approve Resolution No. 2000-18 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 a quick-take proceeding. Enclosure(s) cc: Ellis Shapiro, City Manager (with enclosures) Chief Ron Strosnider, Fire Department (with enclosures) Paul E. Rosenthal, City Attorney (with enclosures) 006.202559.1 RESOLUTION NO. 2000-18 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." 006.202442.1 2 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 2000. 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 2000. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD By: ON , 2000 UNDER Name: Paul E. Rosenthal AGENDA ITEM NO. Title: City Attorney 3 006.202442.1 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. Page 1 of 2 006.137263.1 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