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Home My WebLink AboutVII (A) Resolution No. 2003-01, Relating to Acquisition by Eminent Domain of a Parcel Owned by the Unknown Heirs of J.H. Sadler for the Professional Parkway.Old Winter Garden Road Widening Project Agenda 01-21-2003 Item VII A FOLEY : LARDNER ATTORNEYS AT LAW III NORTH ORANGE AVENUE.SUITE 1000 ORLANDO.FLORIDA 32801-2366 P.0.BOX 2193 ORLANDO.FLORIDA 32802-2193 TELEPHONE 407 423 7656 FACSIMILE'407648.1743 V5W5V FOLEVLARDNER.COM MEMORANDUM CLIENT-M411 tN NUMbEH oawnas48 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Assistant City Attorney THROUGH: Paul E. Rosenthal, City Attorney DATE: January 10, 2003 RE: Professional Parkway/Old Winter Garden Road Improvement Project: Resolution Number 2003-01 Based on the final project design prepared by PEC. the City needs to acquire a portion of the Orange County property located on the north side of Old Winter Garden Road directly north of the I lempel Avenue intersection, as shown in the attached sketch. Pursuant to the Interlocal Agreement between Orange County and the City of Ocoee relating to Old Winter Garden Road, Orange County is obligated to contribute and convey the entire property to the City to be utilized for retention pond and/or roadway purposes for the project. The agreement also allows the City, at its option, to subsequently convey the county land or a portion of the county land, to a third party in exchange for equivalent land to be utilized for retention pond and/or roadway purposes in connection with the project. After the Interlocal Agreement was approved by both the City of Ocoee and the Orange County Board of County Commissioners, it was discovered that when the property was granted to Orange County in 1924, the grantor, J.I-I. Sadler, retained a reversionary interest in the property. The deed from Mr. Sadler to Orange County specifically states: "To be used perpetually for park purposes. Title to revert to donor when property ceases to be used for park purposes." In 1926 Orange County approved the Park Ridge Plat which includes the Orange County property and much of the surrounding property. By virtue of the plat, the property is dedicated to the use of the public for park purposes. Even though the property is not currently used as a park, the reversionary interest and the plat dedication conflict with the proposed use of the property. In order to proceed with the Project, Orange County Staff and City Staff have determined that the reversionary interest now held by the heirs of Mr. Sadler must be condemned. The appraisal firm of DeRango, Best and Associates has appraised the value of the reversionary interest in the property at $1,400.00. "fhe appraisal is available in the City Clerk's office for your review. Because Mr. Sadler's heirs are unknown, no offer to purchase FOLEY 8,LARDNER FOLEY : LARDNER this interest has been made. Attached is proposed Resolution No. 2003-01 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. 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 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 the 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 is respectfully recommended that the Mayor and City Commissioners: 1. Approve Resolution No. 2003-01, authorizing execution thereof by the Mayor and City Clerk, and further authorizing all necessary actions in order to proceed to acquire the reversionary interest by quick take proceeding. MAD/jlc cc: Jim Gleason, City Manager David Wheeler, Public Works Director 2 PARCEL 120 RIGHT OF WAY LEGAL DESCRIPTION: A portion of the Pork Lot, PARK RIDGE as recorded in Plot Boo- 0, Page 100 of the Public Records of Orange County, Flar;da Being mare portculerly described as follows: Beginning at the intersection of the southeasterly corner of said par.< lot and the northerly right of way line of Old Winter Garden Road: thence N75'28'085W along said right of way line 253.00 feet to the southwesterly corner of said pork lot; thence leaving said right of way N1431'52"E along the westerly line of said park lot 50.00 feet to a point on a line being 50.00 'eel northerly of and parallel with sail northerly right of way line; thence 875'28'08'E along said parallel line 253.00 feet to a point on the easterly line of said pork lot; thence 514'31'525W along said lot line 50.00 feet to the PO'.NT OF BEGINNING. Containing 12,650 square feet or 029 acres, more or less. NOW: The bearings shown hereon ore based an the North line of the SW 1/4 of the NW 1/4 of Section 29, Townsh'p 22 South. Range 28 East. Orange County. Florida, be;ng N89'42''S (Assumed). Legal Description Date April 22, 45727044 Pzooz CS fi �OYi„i' !p�� FOR Job No: scale: .T1_ lc! a 45727044 1" = 40' — .� .h !--� ; Professional Engineering � - ��' Sa.. ConsultantsSURVEYING1 s SOUTHEASTERN Or k venue CORP. de 6quh-ee , Fa:aritl. Atlm leicr,pt!e 324 Nd. Florida —47 Cedr re.9 he Ina' o anti a hegllon 6147- Flida 32751 OQ82 THIS.p Seams the n that (407)a64/oes es,e NO. E82108 IS NOT A SURVEY. nr*a. net;e t,ur.r,yinycnm �SHEET 1 OF 2 REGISTERED 1M'lo SURVEYOR NO. .es SKETCH OF DESCHIPTIO \ LOT 2 y �- ORANGE COUNTY BCC `--__ to • j PARCEL ID NO. 28-22-28-6689-11-280 `-- \ -..„ iit ' LOT 28& BLOCK 11 PARKcn RIDGE 3 PLAT BOOK 0, PAGE 100 W h O LINE BEING 50.00' NORTHERLY OF AND PARALLEL WITH THE NORTHERLY R/W LINE w 0 0 S75P80g E L. 2 �53•00• W 0 SOUTHWESTERLY CORNER or PARS P A R 4 N( NORTHERLY RICH). OF 20 �¢ WAY LINE RIGHT OF WAY LOT 26 N75w28.0r o OLD W� W 253.00• c ►Y NT oR WARD U, VW EN ROA POINT OF BEGINNING.), SOUTHEASTERLY CORNER OF PARK ABBREVIATIONS, R/W RIGHT OF WAY �71 'arrw• -,J�'Pp( •Yr_t�_T_._._e ni\. \ .:LSd]i L47ar G = 40 NIIa�••tn_ GRAPHIC SCALE SOUTHEASTERN SURVEYING & MAPPING CORP. O,owin5 No. 45727044 \ 324 North Orlando Avenue Job No. 45727 0 20 40 80 Maitland. Florida 32751-4702 Oath: April 22, 2CC2 CS (407) 647-8898 lox: (407) 647-1667 Sheet 2 or 2 See Sheet 1 for Legal Description RESOLUTION NO. 2003-01 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO A REVERSIONARY INTEREST, LOCATED GENERALLY ALONG 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, the reversionary interest in 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 interest in 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 reversionary interest is necessary for public safety and stormwater management, and that the acquisition of the said reversionary interest therein otherwise to be in the public interest of the municipality and the people thereof; and WHEREAS, the interest to be acquired, 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 (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 the reversionary 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: 2 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 interest 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 by this reference made a part hereof: PARCEL TAX ID NO. 28-22-28-6689-11-280 OWNER: Unknown heirs of J.H. Sadler, a widower INTEREST: Reversionary 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 reversionary interest in the property described in attached Exhibit "A," the specific interest to he 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 immediately upon adoption. PASSED AND ADOPTED this day of 2003. 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 2003. FOLEY & LARDNER APPROVAL BY THE OCOEE CITY COMMISSION AT A MEETING HELD By: ON , 2003 UNDER Name: Paul E. Rosenthal AGENDA ITEM NO. Title: City Attorney 4 EXHIBIT "A" PARCEL TAX ID NO. 28-22-28-6689-11-280 OWNER: Unknown heirs of J.H. Sadler, a widower INTEREST: Reversionary interest LEGAL DESCRIPTION The Park Lot, Park Ridge, according to the plat thereof, as recorded in Plat Book 0, Page 100 of the Public Records of Orange County, Florida. OTHER INTERESTS: None Page 1 of 1