HomeMy WebLinkAboutVII(B) Resolution 2004-06 – 7th Avenue Extension Project Agenda 7/20/04
Item VII B
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MEMORANDUM
CLIENT MATTER NUMBER
0203770648
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Mary D. Solik, Assistant City Attorne0'5
THROUGH: Paul E. Rosenthal, City Attorney
DATE: July 9, 2004
RE: 7th Avenue Extension Project:
Resolution Number 2004-06
In January 2004 the Ocoee City Commission directed Staff to pursue the
acquisition of right-of-way owned by Devworth Properties, Inc. in order to extend 7th Avenue
southward from its existing terminus south of Moore Road to Thornebrook Avenue. Based on
the final project design prepared by City Staff, the City needs to acquire a 1.15 acre strip of land
located on the east side of the Devworth Properties, Inc. property. The property is also known as
the Westridge PUD and is located on the southeast corner of Maguire Road and Moore Road.
The appraisal firm of DeRango, Best & Associates has prepared an appraisal
report dated April 5, 2004. That appraisal report was based upon a sketch and legal description
of 1.126 acres of property. The value conclusion was $72,316.00. Since the date of that
appraisal report the City has modified its plans to eliminate a 15 x 30 square foot of property in
the sketch and legal description. DeRango, Best & Associates is in the process of updating its
appraisal report to reflect the revised sketch and legal description. It is anticipated that a very
slight downward adjustment will be made to the appraised value due to the smaller size of the
taking. The April 5, 2004 appraisal report as well as the revised sketch and legal description are
available in the Clerk's office for your review.
FOLEY&LARDNER LLP
006.341766.1
FOLEY
Pursuant to Florida Statutes, an offer letter was sent to Devworth Properties, Inc.,
based on the value set forth in the April 5, 2004 appraisal report. Devworth Properties, Inc. was
also notified that the sketch and legal description had been revised but in good faith the City
Staff left open the offer at the appraised value of $72,316.00. No response has been received
from Devworth Properties, Inc. to the City's offer.
Attached is proposed Resolution 2004-06 which authorizes the filing of a
condemnation action. The adoption of this Resolution and the filing of a condemnation action
are necessary in order to avoid any delay in the completion of the project. It is our intention to
file a condemnation action and proceed to acquire the interest by a quick take proceeding. A
quick take proceeding allows the City to acquire title to the new property by demonstrating to the
Court's satisfaction the public need and necessity for the property and the deposit of the City's
good faith estimate of value in the Court's registry. This evidence is presented at an order of
taking hearing, generally held 60-90 days after the 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 and 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 a risk on the public body of what the ultimate valuation of the acquired property is
determined to be.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners:
1. Approve Resolution #2004-06, authorizing execution thereof by the Mayor and City
Clerk, and further authorizing all necessary actions in order to proceed to acquire the fee
simple title by quick take proceeding.
MDS/j lc
cc: Robert Frank, City Manager
David Wheeler, Public Works Director
2 FOLEY&LARDNER LLP
006.341766.1
RESOLUTION NO. 2004-06
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
SOUTH OF THE EXISTING TERMINUS OF SEVENTH
AVENUE BETWEEN MOORE ROAD AND
THORNEBROOKE DRIVE; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the
transportation needs 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, fee simple title to the land described in Exhibit "A"
attached hereto and incorporated herein by reference; and
WHEREAS,the City Commission of the City of Ocoee finds a public need and necessity
exists to acquire the land described in Exhibit "A" hereto for public street/road and drainage
improvement purposes, said street/road and drainage improvement 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 Seventh Avenue extension ("the Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of the
said land is necessary for public safety, street/road, and drainage needs, and that the acquisition
of the said land therein otherwise to be in the public interest of the municipality and the people
thereof; and
006.335821.1
WHEREAS, the interest to be acquired, fee simple title, is 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 (2003); and
WHEREAS, the City Commission of the City of Ocoee finds it necessary for public
street/road and drainage improvement purposes that the City acquire a fee simple interest in the
property identified and described in the attached Exhibit "A," said acquisition being for
street/road and drainage improvement 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.
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 interest indicated in the
following parcel 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
description of said parcel being more particularly described in Exhibit "A" attached hereto and
006.335821.1 2
by this reference made a part hereof:
PARCEL NO. 1
OWNER(S): Devworth Properties, Inc.
INTEREST: Fee simple title
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 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 2004.
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 2004.
FOLEY & LARDNER LLP APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
By: ON , 2004 UNDER
Name: Paul E. Rosenthal AGENDA ITEM NO.
Title: City Attorney
006.335821.1 3
EXHIBIT "A"
PARCEL NO. 1
OWNER: Devworth Properties, Inc.
INTEREST: Fee Simple
PARCEL NO. 1
LEGAL DESCRIPTION
A portion of the North 1/2 of the Southwest 1/4 of Section 32, Township 22 South, Ronge 28 Eost,
being more particularly described as follows:
Commence at the Southeast Corner of the Southwest 1/4 of said Section 32; Thence North 00
46' 32" West, 1324.53 feet to the Southeast Corner of that certain parcel of land as described in
Official Records Book 5808, Page 2615, Public Records of Orange County, Florida, said point
also being the Westerly terminus of the centerline of Sixth (6th) Street as indicated on the MAP
OF GOTHA, according to the plot thereof as recorded in Plot Book A, Page 39, Public Records
of Orange County, Florida, and the Point of Beginning; Thence South 89' 21' 58" West along the
South line of said certain parcel of land 60.00 feet; Thence North 00' 46' 32" West along o line
60.00 feet West of and parallel with the West line of Lot 7 and 8, Block X of ofal\esoid MAP OF
GOTHA 659.64 feet; Thence North 10' 32' 23" East, 305.80 feet to a point on the West
Right of Way line of Seventh Avenue as indicated on the REPLAT OF PART OF BLOCKS 0, P, T, U
AND Y AND ALL OF BLOCK X, MAP OF GOTHA, according to the plot thereof as recorded
in Plot Book R, Page 55, Public Records of Orange County, Florida; Thence South 00' 46' 32"
East on said West Right of Way line and its Southerly projection said line also being the West line
of aforesaid Lots 7 and 8, a distance of 959.64 feet to the Point of Beginning.
Containing 48,578 square feet or 1.115 acres more or less.
OTHER INTERESTS: Orange County Tax Collector;
Gordon S. Nutt Revocable Trust; and
All persons or parties having or claiming any interest by, through, and
under a deed recorded March 3, 1942 in Orange County Deed
Book 584, Page 505.
Page 1 of 1
006.335821.1 4
DESCRIPTION
A portion of the North 1/2 of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East,
being more particularly described as follows:
Commence at the Southeast Corner of the Southwest 1/4 of said Section 32; Thence North 00
46' 32" West, 1324.53 feet to the Southeast Corner of that certain parcel of land as described in
Official Records Book 5808, Page 2615, Public Records of Orange County, Florida, said point
also being the Westerly terminus of the centerline of Sixth (6th) Street as indicated on the MAP
OF GOTHA, according to the plat thereof as recorded in Plat Book A, Page 39, Public Records
of Orange County, Florida, and the Point of Beginning; Thence South 89' 21' 58" West along the
South line of said certain parcel of land 60.00 feet; Thence North 00' 46' 32" West along a line
60.00 feet West of and parallel with the West line of Lot 7 and 8, Block Y, of aforesaid MAP OF
GOTHA 659.64 feet; Thence North 10' 32' 23" East, 305.80 feet to a point on the West
Right of Way line of Seventh Avenue as indicated on the REPLAT OF PART OF BLOCKS 0, P, T, U
AND Y AND ALL OF BLOCK X, MAP OF GOTHA, according to the plat thereof as recorded
in Plat Book R, Page 55, Public Records of Orange County, Florida; Thence South 00' 46' 32"
East on said West Right of Way line and its Southerly projection said line also being the West line
of aforesaid Lots 7 and 8, o distance of 959.64 feet to the Point of Beginning.
Containing 48,578 square feet or 1.115 acres more or less.
SURVEYORS NOTES
1. Bearing shown hereon are based on the West Right of Way line of Seventh Street being S00'46'32"E (assumed).
2. I hereby certify that the "Sketch of Description" of the obove described property is true and correct to the best of my knowledge
and belief os recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying
CH. 61G17-6 requirements.
3. Not valid without the signature and raised seal of a Florida licensed surveyor and mapper.
REV. 4/27/04 .Revised Boundary Sc Description
Date: CERT. NO. LB2108 49007002
DESCRIPTION 3/11/04 ,k.
FOR Job No.: Scale: ,�+{ij44,
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MINIM MI WEL \
CITY OF OCOEE
SURVEYING & MAPPING CORP.
CH. 61017-6. Florida Administrative 6500 All American Boulevard
Code requires that a legal description Orlando, Florida 32810-4350
drawing bear the notation that (40 )292-8580 fax(407)292-0141
THIS IS NOT A SURVEY. email info®soutaste urveyin .com
SHEET 1 OF 2 ARY RICK
SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245
I.
SKETCH OF DESCRIPTION
1" = 150'
GRAPHIC SCALE
0 75 150 300
WEST LINE OF LOT 49
SEVENTH STREET OAKS OF WINDERMERE
PLAT BOOK 47, PAGE 58
ORANGE COUNTY, FLORIDA
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33-22-28-3100-24-070
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WEST LINE OF b ORANGE COUNTY, FLORIDA
LOTS 7 & 8, BLOCK *' 0
Y, MAP OF GOTHA �O WEST LINE OF
IOA N LOT 7, BLOCK Y
CD
s JULIE M. DENBESTEN
DEVWORTH PROPERTIES INC M PARCEL IDS
PARCEL ID# 10 33-22-28-3100-24-080
32-22-28-0000-00-014
b LOT 8, BLOCK Y
0 MAP OF GOTHA
PLAT BOOK A, PAGE 39
Z ORANGE COUNTY. FLORIDA
WEST LINE OF
LOT 8, BLOCK Y
POINT OF BEGINNING
SE CORNER, PARCEL DESCRIBED IN O.R.B.
5808, PAGE 2615 & THE WESTERLY
TERMINUS OF THE CENTERLINE OF 6TH
STREET PER MAP OF GOTHA, PLAT
BOOK A, PAGE 39
•
SIXTH STREET
PER PLAT BOOK A, PAGE 39
3
THORNEBROOKE DRIVE M N SOUTH LINE, PARCEL DESCRIBED IN
O.R.B. 5808, PAGE 2615
(NO R/W INFORMATIOM PROVIDED) ,N
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ABBRIVIATIONS6O S ' i As
R/W = RIGHT OF WAY ORANGE COUNTY BPI Z ./..:_A L. I�: • 1 i
O.R.B. = OFFICIAL RECORDS BOOK PARCEL ID# �-1 % �.�` `
CCR = CERTIFIED CORNER RECORD 32-22-28-0000-00-008 � •
POINT OF COMMENCEMENT \
SOUTHEAST CORNER OF SOUTHEASTERN SURVEYING & MAPPING CORP.
DrawingNo. 49007002 THE SOUTHWEST 1 4 OF 6500 All American Boulevard
Orlando, Florida 32810-4350
Job No. 49007 SECTION 32, TOWNSHIP 22 (407)292-8580 fax(407)292-0141
Dote: 3/11/04 SOUTH, RANGE 28 EAST Cert. No. LB-2108
SHEET 2 OF 2 Found 6" x 6" concrete monument, CCR #6325 email:info@southeasternsurveying.com
See Sheet 1 for Description