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Home My WebLink AboutVII (C) Resolution No. 2002-26, Condemnation of Parcel 108, Professional Parkway/Old Winter Garden Road Improvement Project Agenda 12-17-2002 Item VII C FOLEY & LARDNER ATTORNEYS AT LA POST OFFICE BO% 2 193 ORLANDO, FLORIDA 328022 193 I i 1 NORTH ORANGE AVENUE. SURE 1500 ORLANDO. FLORIDA 32801 2393 TELEPHONE. 14071 423-765e FACSIMILE: (9071 69E1-1 793 WNW FOLEYLARDNER.COM MEMORANDUM CLIENT-MATTER NUMBER 020377-0547 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Esq., Assistant City Attorney Merl) THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: December 6, 2002 RE: Professional Parkway/Old Winter Garden Road Improvement Project: Resolution No. 2002-26 Based on the final project design prepared by PEC, the City needs to acquire the retention pond located in the West Orange Commercial Center Office Park located at the northwest comer of Bluford Avenue and Professional Parkway, as shown in the attached sketch. This parcel is known as Parcel 108 and is needed due to the Professional Parkway/Bluford Avenue/Old Winter Garden Road Realignment contemplated by the project. This retention pond currently serves as off site drainage for the office and industrial properties developed within the West Orange Commercial Center Office Park. As part of the PEC project design, the City will be incorporating the drainage and retention function performed by this pond into the City's roadway drainage system. Consequently, there will be no adverse impact on the West Orange Commercial Center Park. The property is owned by West Orange Commercial Center Homeowners' Association, Inc., a Florida corporation. The corporation, however, was dissolved in 1998 by the Secretary of State for failure to file annual reports. The appraisal firm of DeRango, Best and Associates has appraised the fee simple interest in Parcel 108 at S16,909.00. The appraisal is available in the City Clerk's office for your review. We have sent an offer to purchase the property to Michael Etchison, a property owner within the office park and a former director of the Homeowners' Association. A copy of this offer letter is attached for your review. Mr. Etchison has advised me that the Homeowners' Association will attempt to reorganize and reform itself in order to convey the property to the City. If this happens in a timely manner, it is still possible to negotiate a voluntary sale/acquisition of Parcel 108 based on its appraised value. However, in the event a voluntary sale cannot be negotiated or 006.278678.1 FOLEY & LARDNER the Homeowners' Association does not reorganize within our road construction schedule, it will then be necessary to acquire Parcel 108 by filing a condemnation action. Attached is proposed Resolution No. 2002-26 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 schedule prepared by City Staff. It is our intention to file a condemnation action and to proceed to acquire the interest by a quick take proceeding if a voluntary sale/acquisition cannot be accomplished by mid-January. A quick take proceeding allows the City to acquire title to the needed property 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's Registry. This evidence is presented at an Order of Taking hearing, generally held sixty to ninety 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 ajury trial on the ultimate valuation of the property at some time in the future. This procedure allows public bodies to obtain title quickly so the public projects arc 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 is respectfully recommended that the Mayor and City Commissioners: 1. Approve Resolution No. 2002-26, authorizing execution thereof by the Mayor and City Clerk, and further authorizing all necessary actions in order to proceed to acquire the property by quick take proceeding. MAD/j lc cc: Jim Gleason, City Manager David Wheeler, City Engineer 2 006.278678.1 • ) • `¢ 1, `L• . '� Leta ( Og �t —r FI - tot, POND IIII‘ RETENTION ' AIL POND - LANE LILLY `v )k w • /, / 5 fv 'ii _r. Y d � n _ / .�a 11-‘\66 � ah lI A t vll Ie /• .b. i, t a OM m - , �rn/t-v—i aJ m^ s o'� 6 IOI? 5T>3 RESOLUTION NO. 2002-26 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 ALONG PROFESSIONAL PARKWAY AND OLD WINTER GARDEN ROAD; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to serve the traffic and 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, 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 purposes, said street/road and drainage 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 Professional Parkway/Old Winter Garden Road Project ("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 and stormwatcr management, and that the acquisition of the said land therein otherwise to be in the public interest of the municipality and the people thereof; and WHEREAS, the interest to he 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 (2002); and WHEREAS, the City Commission of the City of Ocoee finds it its necessary for public street/road purposes and stormwater management 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 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 he, and is found and determined to be, necessary, in the best of the public, and for a public use and purpose. the 2 legal description of said parcel being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof: PARCEL NO. 108 OWNER: West Orange Commercial Center Homeowner's Association 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. 3 Section 4. That this Resolution shall become effective inunediately upon adoption. PASSED AND ADOPTED this day of 200 ADOPTED: ATTEST: CITY OP 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 200 . FOLEY & LARDNER APPROVAL BY THE OCOEE CITY COMMISSION AT A MEETING HELD By: ON , 200 UNDER Name: Paul E. Rosenthal AGENDA ITEM NO. Title: City Attorney 4 EXHIBIT "A" PARCEL NO.108 OWNER: WEST ORANGE COMMERCIAL CENTER HOMEOWNER'S ASSOCIATION INTEREST: Fee Simple PARCEL 108 LEGALDESCRIPTION A portion of Tract "A", West Orange Commercial Center, as recorded in Plat Book 25, Page 67 of the Public Records of Orange County, Florida. Being more particularly described as follows: Begin at the intersection of the Northeast corner of said Tract "A" and the Southwesterly Right of Way line of Old Winter Garden Road; thence S43°27'54"Ealong said Right of Way line 183.94 feet; thence departing said Right of Way line, S89°42'52"W along the south line of said Tract A, said line also being the North line of Pozo Subdivision as recorded in Plat Book 38, Pages 144 and 145 of the Public Records of Orange County, Florida, a distance of 200.47 feet to the Northwest corner of said Pozo Subdivision; thence S00°32'30"E along the west line of said plat 40.87 feet to the southeasterlymost corner of said Tract A; thence S89°42'52"W Acing the southerlymost line of said Tract A, 14.96 feet to the southwesterlymost corner of said Tract A; thence N00°17108"W along the west line of said Tract A, 175.00 feet to the northwest corner of said Tract A; thence N89°42'52"E along the north line of said Tract A 89.38 feet to the POINT OF BEGINNING. Containing 21,038 square feet or 0.48 acres, more or less. OTHER INTERESTS: Orange County Tax Collector 5