HomeMy WebLinkAboutVII (B) Resolution No. 2003-02, Relating to Acquisition by Eminent Domain of Various Parcels Owned by Usmani Family, LLC., Westlake Partners, Ltd., Oak Forest Partners, Ltd. for the Professional Parkway/Old Winter Garden Road Widening Project Agenda 01-21-2003
Item VII B
FOLEY : LARDNER
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE,SUITE 1800
ORLANDO,FLORIDA 32801-2306
P.O.BOX 2193
ORLANDO,FLORIDA 32802-2193
TELEPHONE:4074237656
FACSIMILE.407.649.1743
wNVV.FOLEYLARDNER COM
MEMORANDUM
CI IFNT-MATTER NUMBER
02B3]7 054]
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 Widening Project
Resolution No. 2003-02
Based on the final project design prepared by PEC, the City needs to acquire the following
properties:
PARCEL NO. PROPERTY PROPERTY LOCATION OF APPRAISED
OWNER INTEREST PROPERTY VALUE
NEEDED
109 Usmani Family Fee Simple Title West side of $11,626.00
LLC Bluford Avenue,
North of its
intersection with
Old Winter
Garden Road
707 Usmani Family Temporary West side of $1,483.00
LLC Construction Bluford Avenue,
Easement North of its
intersection with
Old Winter
Garden Road
110A Westlake Fee Simple Title South side of S64.348.00
Partners, Ltd. Old Winter
Garden Road,
just east of
intersection with
Bluford Avenue
708A Westlake Temporary South side of $17,274.00
Partners, Ltd. Construction Old Winter
Easement Garden Road,
just east of
intersection with
Bluford Avenue
110B Oak Forest Fee Simple Title South side of $47,959.00
Partners, Ltd. Old Winter
Garden Road,
just west of
Blackwood
Avenue
708B Oak Forest Temporary South side of $14,381.00
Partners, Ltd. Construction Old Winter
Easement Garden Road,
just west of
Blackwood
Avenue
Sketches of these parcels are attached.
The appraisal firm of DeRango, Best & Associates has appraised these interests and the
appraised values are set forth in the chart above. Copies of the appraisal reports are available
in the City Clerk's office for your review. We have sent offers to purchase these interests to
the property owners identified, all of which are now represented by counsel. It is still possible
to negotiate voluntary sales/acquisitions of the necessary interests, however, in the event
voluntary sales cannot be negotiated, it will then be necessary to acquire these interests by
filing a condemnation action.
Attached is proposed Resolution No. 2003-02 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 interests by a quick taking proceeding if
voluntary sales cannot he accomplished by February 1, 2003. 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 owners, however,
are 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. 2003-02 , 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/jlc
cc: Jim Gleason
David Wheeler
PARCEL 109 RIGHT OF WAY
LEGAL DESCRIPTION
A portion of Lot 11, West Orange Commercial Center, as recorded in Plat Rook 25, Page 67 of the
Public Records of Orange County, Florida.
Being more particularly described as follows:
Begin at the intersection of the Southeast corner of said Lot 11 and the Southwesterly Right al Way
line of Old Winter Garden Rood, thence 589'42'52"W 40.00 feet along the south line of said Lot II;
thence N18"29'31"W 69.09 feet to o point on said Southwesterly right of way line: thence 54527'54"E,
90.00 feet along said right of way line to the POINT OF BEGINNING.
Containing 1,313 square feet, more or less.
Note: Bearings shown hereon are based on the North line of the Southwest 1/4 of the Nortnwest 1/4
of Section 29, Township 22 South, Range 28 Last as being N89"42'I5"E (Assumed).
Legal Description Date
"""°°'
8 P April 22, 2002 ce c 77i, + I a.
FOR Job No.. Score. ♦1 t,4l1}d Fla,.
4572706? 1 50 L 1.
Professional Engineering _ _ p
Consultants SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 6ICv-6, Flood() Admin,arodve 324 North Orlando Avenue
Code maudes that a legal descop bon Moillond, Florida 32 751-4702
drawing bear the notation that (407) 647-8895 CERT. NO. L82105
THIS IS NOT A SURVEY. a infoOsaneo a mneyin corn
SHEET 1 Cr 2 Y 13. RICK
REGISTERED LAND SURVEYOR NO. 4245
SKETCH OF DESCRIPTION
N
o = 50
�O GRAPHIC SCALE
I
0 25 50 100�
4
t40
clop
or
LOT 11 -i
o < s 'pli
o WEST ORANGE COMMERCIAL CENTER °, "70
Z '- PLAT BOOK 25. PAGE 67 .s4F
W N E 1/4 N W 1/4 .5).cc
O V SECTION 29-22-28
1r
m w o
4F
USMANI FAMILY ILC 1 09 41,
PARCEL ID NO. '
28-22-28-9158-00- 110 RIGHT OF WAY W co e.k
It3 to
cV$
SOUTH LINE, LOT 11
---- 1 40.00'
S89'42'52"
LOT 12 TRACT A
POINT OF
BEGINNING
SOUTNERS! CORNER
LOT 11
ABBREVIATIONS.q/W = RIGHT OF WAY / YT[�S 1 YA g177
[XIST.= EXISTING i_ 1 _ !A✓``•
Drownq No 05727067 SOUTHEASTERN SURVEYING de YMPING CORP.
Job No. 45927 324 North Orlando Avenue
Data Ap/u 22. 2007 CBvG Noitlond. Florida 32751-4702
Sheet 2 of 2 (407) 647-8898 fox: (407) 647-1667
See Sheet I for Legal DescH6Non
Parcel 707 Temporary Construction Easement
LEGAL DESCRIPTION
A portion of Lot 1 I, 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:
Commence at the intersection the Southwesterly right of way line of Old Winter Garden Road and the
Southeast corner of said Lot 11; thence along the South line of said Lot 11 589'42'52"W, 40.00 feet to the
POINT OF BEGINNING; thence continue 589'42.52'W 70.53 feet along said line; thence N18'29'31'W, 87.27 feet
to sold Southwesterly right of way line; thence 543'27'54"E, 23.69 feet along said Southwesterly right of way
line; thence departing said Southwesterly right of way line 518129'31"E, 69.09 feet to the POINT OF
BEGINNING.
Containing 782 square feet more or less.
Note: Bearings shown hereon are based on the North linc of the Southwest 1/4 of the Northwest 1/4 of
Section 29, Township 22 South, Range 28 Eost as being N89142'15"E (Assumed).
Legal Description Dale: April 22, 2002 CevG ❑ g ns7s7oes
Job Na.: Scale. ❑TI/tr Isz.i.irrtr 2'�'Lr'
FOR _ _r._�_ r
45727668 1" = 50' t !fi t.-ry�L L� _ -
Professional Engineering as
Consultants SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61517-6, rioridn Adminisbdive 324 North Orlando Avenue
Code requires that a legal description Maitland, Florida 32751-4702
drawing bear the notation that (407) 647-8898 CERT. NO. LB2I08
THIS Is NOT A SURVEY. e ail: inrocsgea e survey cam
�KJj-!
Sheet 1 of 2 �REEGISYE B.C.-RICKunvsrOR NO. 4745
SKETCH OF DESCRIPTION
p� hi
O 1 " - 50
soA GRAPHIC SCALE
LAP �4/l x 0 25 50 100
48
-Pc,_cE P"%Fs*
nlu
Pc
s, C.O0
-4_ 9``AOF
L LOT 11 y
`
! s
QY WEST ORANGE COMMERCIAL CENTER �'y0
PLAT 800K 25, PAGE 67
3
Z o N E 1/4 N W 1/4
W . SECTION 29-22-28
m IT
O " TEMPORARY 2.
CO3 CONSTRUCTION 707 .D•
EASEMENT
s USMANI FAMILY LLC p ?>�
PARCEL ID NO. jN� "tr.28-22-28-9158-00-110 <6
10.53'
a SOUTH LINE LOT II 40.00'
-
589'42'52'W / /
LOT 12
POINT OF
BEGINNING POINT OF
COMMENCEMENT
SOUTHEAST CORNER
LOT II
A9BREVIATIONS.
R/W = RIGHT OF WAY r1„ erg �'
EXIST= EXISTING `1!.1 171 i-1^.," 'I"
_ + • I�� • t
yrb SYY�'IFe�oAl. =_
Orcwing No. 45727068 SOUTHEASTERN SURVEYING & MAPPING CORP.
Job No. 45727 324 North Orlando Avenue
Dole. 2g.ol 22. 2002 CBvC (407) 647-8898 r,
a 32751-4702
5hfax: (407) 647-1667
See Sheet 1 for Legal Description
SCHEDULE "A"
PARCEL 110A
PURPOSE: Road Right—of—Way
A portion of Section 29, Township 22 South, Range 28 East, Orange County, Florida
Being more particularly described as follows:
Beginning at the intersection of the South right of way line of Old Winter Garden Road per Deed Book
431, Page 212 of the Public Records of Orange County, Florida and the West line of the SW 1/4 of
the NE 1/4 of said Section 29; thence N89'41'02"E along said right of way line 695,95 feet; thence
SO0'16'O5"E a distance of 26-00 feet; thence 589'41'02"W a distance of 293.63 feet to the point of
curvature of a curve concave southerly having a radius of 2,812.0D feet, a central angle of 04'00'20"
and a chord of 196.55 feet that bears 587'40'51"W; thence westerly along the arc of said curve,
196.59 feet to a point of reverse curvature of a curve concave northerly having a radius of 2,918.00
feet and a central angle of 04'02'45" and a chord of 206.01 feet that bears S87'42'03"W; thence
westerly along the arc of said curve, 206.05 feet to a point on the West line of the SW 1/4 of the
NE 1/4 of said Section 29, thence NOCS16'48"W along said line 40.00 feet to the POINT OF BEGINNING.
Containing 20,943 square feet or 0.48 acres, more or less.
1. Bearings shown hereon ore
e based on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 29. Township 22 South.
Range 28 East as being N89'42'15"E (Assumed).
2. I hereby certify that the "Sketch of Description of the above described property is true and correct to the best of my knowledge
and belief o recently drawn under my direction and that it meets the technical standards set forth by the Florida Board of
Surveyors and Mappers pursuant to Section 472.027 of the Florida Statutes.
Date: CERT. No. L82100 45I2/052
Description 9/26/2002 �w �,
FOR Job No.: Scale: ;IT V'L r51-yy'e'1
'__'Vua.:
45727052 I" — too' —• il a hi:
� sa
Professional Engineering a-
COnSllltantS SOUTHEASTERN SURVEYING k MAPPING CORP.
CH. 61917-6, Florida Administrative 324 North Orlando Avenue
Code requires that a legal description Maitland, Florida 32751
drawing bear the notation that (40 )647-8898 fax(407)647-1667
THIS IS NOT A SURVEY. email infokasoutt Ste gsur,eyin .com
SHEET 1 OF 2 ARY 0 CRICK 5 S
SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR Na. 4246
SKETCH OF DESCRIPTION
PARCEL 110A
OLD WINTER GARDEN ROAD
66' R/W
-•INT OF BEGINNING OUTH RIGHT OF WAY LINE PER DEED BOOK 431 PAGE 212
N89'41'02"E 695.95'
3 0
1- 293.63'
"A" N89'41'02"E b b
bS Cat � �
o
Z * RIGHT OF WAY
WEST LINE OF THE SW 1/4 OF THE
NE 1/4 OF SECTION 29, TOWNSHIP 22 SOUTH.
RANGE 28 EAST R=2812.00 L=196.59'
A=4'00'20"
"B" CB=S87-40'51"W
R=2918.00 L=206.05' CHORD=1 96.551
A=04 02'45"
CB=N8742'03"E
CHORD=206.01' WESTLAKE PARTNERS LTD
PARCEL ID NO.
28-22-28-0000-00-085
NOT PLATTED
S W 1/4, N E 1/4
SECTION 29
1
wir\
ABBREVIATIONS '
R/W = RIGHT OF WAY _y`ti A.1� r; 7 -
L LENGTH OF CURVE d1i ,k \_
R = RADIUS / sr
—••tea
d = CENTRAL ANGLE 1" =100 '
CB = CHORD BEARING GRAPHIC SCALE SOUTHEASTERN SURVEYING & MAPPING CORP.
Drawing No. 45727052 324 YI2 drtlorid•Orlandoth Avenue
Job No. 45727 0 50 100 200 (407)647-BB98 fax(407)647-1897
Dote: 9/26/2002 cevg Cert. No. _
2108
maiLinfoOnoutheeeterueuneyln
Sheet 2 of 2 a E.00m
See Sheet 1 for Legal Description
SCHEDULE "A"
PARCEL 7O8A
PURPOSE: Temporary Construction Easement
•
A portion of Section 29, Township 22 South, Range 28 East, Orange County,
Florida
Being more particularly described as follows:
Commencing at the intersection of the South right of way line of Old Winter
Garden Road per Deed Book 431, Page 212 of the Public Records of Orange County,
Florida and the West line of the SW 1/4 of the NE 1/4 of said Section 29; thence
500'16148"E along said Section line 40.00 feet to a point on a curve concave northerly,
having a radius of 2918.00, a central angle of 03'03'14 a chord of 156.35 feet
that bears N88'11'19"E; thence easterly 156.37 feet along the arc of said curve to the
POINT OF BEGINNING; thence continuing along a curve concave northerly, having a radius of
2918.00 feet, a central angle of 00'58'32", a chord of 49.68 feet that bears N86'09'57'E;
thence easterly 49.68 feet along the arc of said curve to a point of reverse curvature of a
curve concave southerly, having a radius of 2812.00 feet, a central angle of 04'00'20",
a chord of 196.55 feet that bears N87'4O'51"E; thence easterly 196.59 feet along the arc
of said curve to a point of tangency; thence N89'41102"E 293.63 feet; thence 50O'16'O5'E a
distance of 15.10 feet; thence 589'41'10"W a distance of 207.32 feet; thence SOO'17'S0"E a
distance of 10.00 feet; thence 589'42'10"W a distance of 60.00 feet: thence NOO'1715O"W
a distance of 10.00 feet; thence 589'42'1O"W a distance of 272.33 feet to the POINT OF BEGINNING.
Containing 7829 square feet or 0.18 acres, more or less.
Bearings shown hereon ore based on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South,
Range 28 East as being N89'42'15"E (Assumed).
2. I hereby certify that the "Sketch of Description' of the above described property is true and correct to the best of my knowledge
and belief asrecently drawn under my direction and that it meets the technical standards set forth by the Florida Board of
Surveyors and Mappers pursuant to Section 472.027 of the Florida Statutes.
Dote: CERT. NO. LB2108 45727071
Description9/26/2002 chug 'j__�, r
FOR Job No.: Scale: '7E_!t3_-: -'Y'-
45727071 1" = 100' = jm1 �2j vZ��
Professional Engineering man a a
CORSU1LanLs SOUTHEASTERN SURVEYING k MAPPING CORP.
Cll. 61017-5. Florida Administrative 324 North Orlando Avenue
code requires that a legal description Maitland, Florida 32751
drawing bear the notation that (40 )647—e80e fax(407)647-1867
THIS IS NOT A SURVEY. email info®soutt Ste urveyin .coal
•
SHEET 1 OF 2 ARY B SEiICK
SEE SHEET 2 FOR SKETCH REGISTERED LARD SURVEYOR NO. 4245
SKETCH OF DESCRIPTION
PARCEL 708A
OLD WINTER GARDEN ROAD
POINT OF COMMENCEMENT 66' R/W
�OUTH oese RIGHT
pOOF WAY LINE PER DEED BOOK 431 PAGE 212
BEGINNING --_"A lal
m o E N8741'02"E 293.63' 0
og o
v. •r / 272.33' ,+e re 207.32' `O
N00'17'S0"1N/ S89.42'10"W S894211CFW S89'42'10"W r b
5.0 TEMPORARY C08� } - 1n
CONSTRUCTION IT, Igg
EASEMENT Ti
WEST LINE OF THE SW 1/4 OF THE p •-
NE OF SECTION 29, TOWNSHIP 22 SOUTH, S—
!ems
RANEAST
28 (n
"A"
R=2812.00 L=196.59'
A=400'20" "B"
CB=N8740'51"E R=2918.00 L=49.68'
CHORD=196.55' A=O'58'32" WESILAKE PARTNERS LTD
CB=N86'09'57'E PARCEL ID NO.
•r 0H0RD=49.68' 28-22-28-0000-00-085
R=2916.00 L=156 37
6-0S03I4
C 1488111i P. E
C19" N 0 T PLATTED
HORD
SW 1/4, NE 1/4
SECTION 29
TOWNSHIP 22 SOUTH. RANGE 28 EAST
.4\
ABBREVIATIONS: �` S' 7'2 �=Y•T Y.,
R W = RIGHT OF WAY LL_�i'.-L'_L 1A
L/ = LENGTH OF CURVE 1' =100 �T�-�'I"I'�� � _ �
R = RADIUS GRAPHIC SCALE ./lid��1e1 _u�a
A = CENTRAL ANGLE p - I
CB = CHORD BEARING
0 50 100 200 SOUTHEASTERN SURVEYING I MAPPING CORP
Drawing Na. 45727071 324 North Orlando Avenue
Job 26/ Maitland, Rarltla 32751-407)64002
Dote:No. 457272002 c6vg (407)647-8899 'DB-2108 ]-1667
Sheet 2 of 2 e Cent. No. LB-2108
See Sheet 1 for Legal Description malNinfa@sautheosternsurveyingmn
SCHEDULE "A"
PARCEL 110B
PURPOSE: Road Right-of-Way
A portion of Section 29, Township 22 South, Range 28 East, Orange County, Florida
Being more particularly described as follows:
Commencing at the Southwest corner of the SW 1/4 of the NE 1/4 of said Section 29, run N89'39'07"E
along the South line of the SW 1/4 of the NE 1/4 of said Section 29 a distance of 1316.63 feet to a
point on the East line of the SW 1/4 of the NE 1/4 of said Section 29; thence NO0'02'27"W along said
East line; also being the East line of a Parcel described in Official Records Book 4180, Pages 1006 and
1007 of the Public Records of Orange County, Florida 1242.66 feet to the POINT OF BEGINNING; thence
N85'35'157/ a distance of 24.98 feet; thence N00'02'33"W o distance of 10.03 feet to the point on the
arc of a non-tangent curve concave to the south having a radius of 2,030.00 feet, a central angle of
04'21'09'. and a chord of 154.18 feet that bears N88'0a'23"W; thence westerly along the arc of said
curve, 154.21 feet; thence S89'41'02"W, 446.95 feet to a point on the westerly line of aforesaid Parcel,
described in Official Records Book 4180, Pages 1006 and 1007; thence N00'16'05"W along said westerly
line 26.00 feet to a point on the southerly right of way line of Old Winter Gorden Road; thence
N89'41'02"E along said right of way line 551.48 feet to the point of curvature of a curve concave to
the south having a radius of 1,053.68 feet, a central angle of 04'03'26" and a chord of 74.60 feet that
bears S88'17'16"E; thence easterly along the arc of said curve, 74.61 feet to a point on the west right
of way line of Blackwood Avenue; thence 500'02'27"E along said right of way line 41.30 feet to the
POINT OF BEGINNING.
Containing 16,932 square feet or 0.39 acres, more or less.
. Bearings shown hereon ore based on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South,
Range 28 East as being N834215" E (Assumed).
2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge
and belief as recently drawn under my direction and that it meets the technical standards set forth by the Florida Board of
Surveyors and Mappers pursuant to Section 472.027 of the Florida Statutes.
Date': CERT. NO. LB2108 45/2/053
Description 9/26/2002 cbvg
Job Na. Scale: �T r .w-+-T"x�'�'
FOR 45727053 1" - 100' —`4.T("p`,.4*t -=R. * is t
Professional Engineering .11
Consultants SOUTHEASTERN SURVEYING & MAPPING CORP.
cM. 61G17-5, Florida Adm'mistrative 324 North Orlando Avenue
code requires that a legal description Maltlend, Florida 32751
drawing beer the notation that (40 )047-13898 f(.x(407)647-1667
THIS IS NOT A SURVEY. email fo®sad. ste urveyin .corn
SHEET 1 OF 2 ARY sn ICK
SEE SHEET 2 FOR SKETCH REGISTERED LARD SURVEYOR NW 4245
SKETCH OF DESCRIPTION
PARCEL 110E
OLD WINTER GARDEN ROAD
66' R/W
SOUTH LINE OF THE NW 1/4 OF THE NE 1/4 OF SECTION 29, TOWNSHIP 22 SOUTH. RANGE 28 EAST W
NORTH LINE OF THE SW 1/4 OF THE NE 1/9 OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST (W
SOUTHERLY R UNE k a ' • RC "Bn I-.l
3$ :W
o� \ S89'41'0 W 446.9 PT "q"
�N LINE BEING SOUTH OF ND PARALLEL WITH 1 1 OB N00'02'33"W 10.03' / zto
b HE SOUTHERLY R/W NNEN85'3NT OF5" BEGINNINGW 24.98
0RIGHT OF WAY POINT OF 3
Z WESTERLY UNE OF PARCEL DESCRIBED CC
1N O.R. BOOK 4180, PAGES 1006 & 1007 EAST LINE OF PARCEL DESCRIBED
Q
IN O.R. BOOK 4180, PAGES 1006 & 1007 O
"a" "A Will- O
R=1053.68 L=74.61' R=2030.00 L=154.21' •
A=04'03'26" A=04'21'09" Y
CB=S8817'16"E CB=N8808'23"W L5
CHORD=74.60' CHORD=154.18' F
iN
OAK FOREST PARTNERS LTD ,,,= CO
tW
PARCEL ID NO. VP o
28-22-28-0000-00-089
oi5
S W 1/4, N E 1/4 ZU'V
S E C T I O N 2 9LJ La
"
TOWNSHIP -41\ .. I- •,_
2 2 SOUTH, SI r
RANGE 2 8 EAST _
N O T PLATTED % e
0
1" =100'
/ SOUTH LINE OF PARCEL DESCRIBED GRAPHIC SCALE
IN O.R. BOOK 9180, PAGES 1006 & 1007 1
50 100 200
BBRENATIONS
/W RIGHT OF WAY 8.:9e..*J.^•
POINT OF COMMENCEMENT 71 �"
LENGTH Of CURVE T'1 T.�'�
= RADIUS SW CORNER OF THE SW /9 OF THE NE 1/9
!" J..l..la'. .l
Yj--i' j,r.�uw4
= CENTRAL ANGLE ECTION 29. TOWNSHIP 28 EAST. RANGE 28 EAST - /y/A , t• G��Y\
B .= CHORD BEARING SOUTH LINE OF THE SW I/q OF THE NE 1/4 ��� �� - ����
II en-X. = POINT OF CURVATURE / SECTION 29, TOWNSHIP 28 EAST RANGE 28 EAST
T. POINT= OF TANGENCY + - SOUTHEASTERN SURVEYING k YAPPING CORP.
N89'. .17 1315.6J' 324 North Orlando Avenue
rowing
No No. 45727053 Yaltland. Florida 32751-4702
ob
oh ojz57 27 cbvg (407)647-e09e cu(407)04v-10et
ae
ale: 2 26of 2 m Cert. No. 18-210R
Sheet 1 Tar Legal Description eail:i¢totecutheeeterneurveyi¢Fcom
SCHEDULE "A"
PARCEL 7G8B
PURPOSE: Temporary Construction Eoscmont
A portion of Section 29, Township 22 South, Ronde 28 East, Lnatge Ccur ly, Florida
Bend more partcularly described as fa lows:
Commencing at the Southwest carrier of the SW 1/4 of ',tie NE 1/4 of said Secficn 29, r4r,
N89'29'07E along the Ceuta line of the `SW 1/4 of the NE 1/4 of said Section 29 a distance of
1316.63 feet to a point on tne East line of the SW 1/4 of tne NE 1/4 of said Section 29; thence
NG0'02'27"'N along said East line; also being the East I:nc of a Parcel described in Official Records
gook 4180, Pages 1006 and 1007 Cr the Public Records of Orongo County, Florida 12h 2.66 feet,
thence N85135'15"W a distance of 24.98 feet to :he POINT OF BEGINNING; thence 389'47'59'W a
distance of 347.16 feet; thence S00'17'50`F a distance of 10.00 feet; thence 589'42'10"W a distance
of 70.00 feet; thence NO0'17'50"W a cistance of 10.00 feet; thence 589142'10"W a distance of 183.82
feel to a point on the Westerly line of lands described in CIicial Records Book 4190, Pages 1006
and 1007 of the Pubic Records of Orange County, Florida; thence NCO'16'05'W along the westerly line
of said parcel 16.10 feet; thence 58914I'02"W, 446.95 feet to a point of curvature of a curve
concave to the south having a radius of 2,030.00 feet, n central angle of 04121'09" and a chord of
154.18 feet that bears S58'08'23"E: thence westerly clang the ore of said curve, 154.21 feet; thence
S00'02'33"E a distance of 10.03 feet to the POINT OF BEGINNING_
Containing C634 square feet or 0.22 acres, more or less.
Scorings shown hereon or e based on the North Ike of the Southwest I/a of He Northwest 1/4 of Section 29, Township 22 South.
Range 20 East os being "89'42'15"E (Assured)
2. I hereby certify that the 'sketch of Description" the obevu described gruperty Imre end co.rect to the best or my knowledge
and belief as recently drown
ruder my direction and tea lee .cl slst d rar . vat forthby the Florida Pocrd of
Surveyors and Mappers pusuant to Section 472027 of the fto"ida S.uWtoc.
Date: CERT. Na. t132108 45727070
Description 9/ 6/2002 ebvg FOR fobNo Scale:
45727070 " - i00'
Professional Engineering e
C OIISU]ia nLS SOUTHEASTERN SURVEYING di MAPPING CORP.
CH. B ICI!—a F mica Acmlash native 024 North Orlando Avenue
Code requires trial a legal deshoton Maitland, Florida 32751
crewing beer he ncn nut i /)647-01190 fax(407)647-1667
ail
THIS IS NOT A SURVEY. email In[ossouU a:te turveyin car
SNFFI 1 Or 2 ,ARY B KRfCK
SEE SHEET 2 OR SK[ICI! REGISTERED [AND SURVEYOR NO. 4245
SKETCH OF DESCRIPTION
PARCEL 7088
OLD WINTER GARDEN ROAD
66' R/W
SOUTH LINE OF TIE NW 1/4 OF El L NE 1/4 O SECTION 29. TOWNSHIP 22 SOJ '1, FIANCE 99 ivy r W
NORTH LINE OR THE SW 1/4 OF THE NE 1/4 DF _ECTON 29. TOWNSHIP 22 SOUTH, RANCE 28 EAST D
L E BEND OJT- OF REF V N
5011 ILHLY 1l/w LINE THE SOLIDER Fr R/W UNE II C Z
/ 389'41.02"W 446.95' PT. "A" II Lii
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mvi 183.82' 4 41 589'4T59W 347.16' 222fff
of 589'42'10"W g 989'42'10"W S00'02'33"E 10.03' i Q
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;moo UI POINT OF BEGINNING
no b. TEMPORARY NBs35'15'W 24.99-�
o� �o CONSTRUCTION Q
z o FAST MLNI
b- LAS LINE OF YARCEL DESCRIBED —
0 IN O.R. BOCK 41b0. PACES 1005 & l0m
WESTERLY LINE OF PARCEL DESCRIBED V1 �n1
IN O.R. BOOK 4100, PACES '006 & 1907
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R=2030.00 L=154.21 ' . '-.
=4'21 '09" ' Cr
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1 OAK FOREST PARTNERS LTD N m
PARCEL ID NO. '3^i
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SECTION 2 9
\1 TOWNSHIP 22 S O U T H, L
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RANCE 28 EAST
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"-LASOUTH LINE OF PARCEL DESCRIBED GRAPHIC SCALE
cN 0.1. COOK 418C. PAGES '.000 4 100/
/ 0 50 100 200/
of
POINT OF COMMENCEMENT
sW UGHNLH OF DE SW 1/4 OF IHL NL 1/4
FICTION 29, TOWNSHIP 28 EAST, RANCE 2 EAST
ARFRFVATICNS. SCRIM INE OF TIE SW 1/4 OF HE NE 1/4
R/V RIG-II 12 WAY /SEC ION 214 TOWNSHIP 28 LAST RANGE 2tl LAST
R CENTRAL NCL`_ + N89 }9 C] IG.6} T^-1.11 1" �'
CO CHORD BEARING Aw aradiii-iiiht-' _
P.C. POINT Cr CLRVAIuNI / S . _. - _ _.1
P.I. - POINT OF TANGE NCY SOUTHEASTERN SURVEYING & MAPPING CORP.
324 North Orlando Avenue
Drow!r0 No. 4572 i02C Maitland, Florida 32751-4702
Joo No, 45727
Oo'c: 9/26/2002 co (409)e49-9999 fax(404)647-IGO?
steel 2 0l 2 g Cert. No. LB-2106
S e Slues 1 for Lcgol Ocscool,on ameiLin(o®eoufheaateraeurveyiug.com
RESOLUTION NO. 2003-02
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO FEE TITLE AND TEMPORARY
CONSTRUCTION EASEMENTS, 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, various interests 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 lands and other interests 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 and temporary construction easements 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
said lands is necessary for public safety and stormwater management, and that the acquisition
of said lands therein otherwise to be in the public interest of the municipality and the people
thereof; and
WHEREAS, the interests to he acquired, arc 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 and
temporary construction easements 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 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:
PARCEL NO. 109
OWNER: Usmani Family LLC, a Florida limited liability company
INTEREST: Fee Simple Title
PARCEL NO. 707
OWNER: Usmani Family LLC, a Florida limited liability company
INTEREST: Temporary Construction Easement
PARCEL NO. 110A
OWNER: Westlake Partners, Ltd., a Florida limited partnership
INTEREST: Fee Simple Title
PARCEL NO. 708A
OWNER: Westlake Partners, Ltd., a Florida limited partnership
INTEREST: Temporary Construction Easement
PARCEL NO. 110B
OWNER: Oak Forest Partners, Ltd., a Florida limited partnership
INTEREST: Fee Simple Title
PARCEL NO. 708B
OWNER: Oak Forest Partners, Ltd., a Florida limited partnership
INTEREST: Temporary Construction Easement
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 and temporary construction
easement 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 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 'PIPE 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 NO. 109
OWNER: Usmani Family LLC, a Florida limited liability company
INTEREST: Fee Simple Title
PARCEL 109
LEGAL DESCRIPTION
A portion of Lot I I, 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 Southeast corner of said Lot I 1 and the Southwesterly Right of Way line of Old
Winter Garden Road; thence S89°42'52"W 40.00 feet along the south line of said Lot II; thence NI8°29'3I"W
69.09 feet to a point on said Southwesterly right of way line; thence S43°27'54"E, 90.00 feet along said right of
way line to the POINT OF BEGINNING.
Containing 1,313 square feet, more or less.
OTHER INTERESTS: SunTrust Bank
Orange County Tax Collector
Page 1 of 6
EXHIBIT "A"
PARCEL NO. 707
OWNER: Usmani Family LLC, a Florida limited liability company
INTEREST: Temporary Construction Easement
PARCEL 707
LEGAL DESCRIPTION
A portion of Lot I I, 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:
Commence at the intersection the Southwesterly right of way line of Old Winter Garden Road and the Southeast
corner of said Lot II; thence along the South line of said Lot I I S89512'52"W, 40.00 feet to the POINT OF
BEGINNING; thence continue S89°42'2"W 10.53 feet along said line; thence N I8°29'31"W, 87.27 feet to said
Southwesterly right of way line; thence S43°27'54"E, 23.69 feet along said Southwesterly right of way line;
thence departing said Southwesterly right of way line S I8°29'31"E, 69.09 feet to the POINT OF BEGINNING.
Containing 782 square feet more or less.
OTHER INTERESTS: SunTrust Bank
Page 2 of 6
EXHIBIT "A"
PARCEL NO. 110A
OWNER: Westlake Partners, Ltd., a Florida limited partnership
INTEREST: Fee Simple Title
PARCEL 110A
LEGAL DESCRIPTION
A portion of Section 29, Township 22 South, Range 28 East, Orange County, Florida
Being more particularly described as follows:
Beginning at the intersection of the South right of way line of Old Winter Garden Road per Deed Book 431, Page
212 of the Public Records of Orange County, Florida and the West line of the SW 1/4 of the NE 1/4 of said
Section 29; thence N89°4 I'02"E along said right of way line 695.95 feet; thence S00°16'05"E a distance of 26.00
feet; thence S89°41'02"W a distance of 293.63 feet to the point of curvature of a curve concave southerly having
a radius of 2,812.00 feet, a central angle of 04'00'20" and a chord of 196.55 feet that bears S87°40'51"W; thence
westerly along the arc of said curve, 196.59 feet to a point of reverse curvature of a curve concave northerly
having a radius of 2,918.00 feet and a central angle of 04°02'45" and a chord of 206.01 feet that bears
S87°42'03"W; thence westerly along the arc of said curve, 206.05 feet to a point on the West line of the SW I/4
of the NE 1/4 of said Section 29; thence N00°16'48"W along said line 40.00 feet to the POINT OF BEGINNING.
Containing 20,943 square feet or 0.48 acres, more or less.
OTHER INTERESTS: Reilly Mortgage Group, Inc.
If S. Department of Housing and Urban Development
Orange County Tax Collector
Page 3 of 6
EXHIBIT "A"
PARCEL NO. 708A
OWNER: Westlake Partners, Ltd., a Florida limited partnership
INTEREST: Temporary Construction Easement
PARCEL 708A
LEGAL DESCRIPTION
A portion of Section 29, Township 22 South, Range 28 East, Orange County,
Florida
Being more particularly described as follows:
Commencing at the intersection of the South right of way line of Old Winter
Garden Road per Deed Book 431, Page 212 of the Public Records of Orange County,
Florida and the West line of the SW 1/4 of the NE 1/4 of said Section 29; thence
SOO°16'48"E along said Section line 40.00 feet to a point on a curve concave northerly,
having a radius of 2918.00, a central angle of 03°03'14", a chord of 156.35 feet
that bears NS8°I I'19"E; thence easterly 156.37 feet along the arc of said curve to the
POINT OF BEGINNING; thence continuing along a curve concave northerly, having a radius of
2918.00 feet, a central angle of 00°58'32", a chord of 49.68 feet that bears N86°09'57"E;
thence easterly 49.68 feet along the arc of said curve to a point of reverse curvature of a
curve concave southerly, having a radius of 2812.00 feet, a central angle of 04°00'20",
a chord of 196.55 feet that hears N87°40'SI"E; thence easterly 196.59 feet along the arc
of said curve to a point of tangency; thence N89°41'02"E 293.63 feet; thence S00°16'05"E a
distance of 15.10 feet; thence S89°41'10"W a distance of 207.32 feel; thence SOO°17'31"E a
distance of 10.00 feet; thence S89°42'10"W a distance of 60.00 feet; thence N00°17'50"W
a distance of 10.00 feet; thence S89°42'10"W a distance of 272.33 feet to the POINT OF BEGINNING.
Containing 7829 square feet or 0.18 acres, more or less.
OTHER INTERESTS: Reilly Mortgage Group, Inc.
U.S. Department of Housing and Urban Development
Page 4 of 6
EXHIBIT "A"
PARCEL NO. 110B
OWNER: Oak Forest Partners, Ltd., a Florida limited partnership
INTEREST: Fee Simple Title
PARCEL 11013
LEGAL DESCRIPTION
A portion of Section 29, Township 22 South, Range 28 East, Orange County, Florida
Being more particularly described as follows:
Commencing at the Southwest corner of the SW 1/4 of the NE 1/4 of said Section 29, run N89°39'07"E along the
South line of the SW 1/4 of the NE 1/4 of said Section 29 a distance of 1316.63 feet to a point on the East line of
the SW 1/4 of the NE 1/4 of said Section 29; thence N00°02'27"W along said East line; also being the East line
of a Parcel described in Official Records Book 4180, Pages 1006 and 1007 of the Public Records of Orange
County, Florida 1242.66 feet to the POINT OF BEGINNING; thence N85°35'15"W a distance of 24.98 feet;
thence N00°CP'33"W a distance of 10.03 feet to the point on the arc of a non-tangent curve concave to the south
having a radius of 2,030.00 feet, a central angle of 04°21'09" and a chord of 154.18 feet that bears
N88°C8'23"W; thence westerly along the arc of said curve, 154.21 feet; thence S89°4I'02"W, 446.95 feet to a
point on the westerly line of aforesaid Parcel, described in Official Records Book 4180, Pages 1006 and 1007;
thence N00°16'05"W along said westerly line 26.00 feet to a point on the southerly right of way line of Old
Winter Garden Road; thence N89°41'02"E along said right of way line 551.48 feet to the point of curvature of a
curve concave to the south having a radius of 1,053.68 feet, a central angle of 04'03'26" and a chord of 74.60
feet that bears S88°17'16"E; thence easterly along the arc of said curve, 74.61 feet to a point on the west right of
way line of Blackwood Avenue; thence S00°W'27"E along said right of way line 41.30 feet to the POINT OF
BEGINNING.
Containing 16,932 square feet or 0.39 acres, more or less.
OTHER INTERESTS: Greystone Servicing Corporation, Inc.
Integrated Resources American Insured Mortgage Investors—Series
85, a California limited partnership
IJ.S. Department of Housing and Urban Development
Orange County Tax Collector
Page 5 of 6
EXHIBIT "A"
PARCEL NO. 708B
OWNER: Oak Forest Partners, Ltd., a Florida limited partnership
INTEREST: Temporary Construction Easement
PARCEL 708B
LEGAL DESCRIPTION
A portion of Section 29, Township 22 South, Range 28 East, Orange County. Florida
Being more particularly described as follows:
Commencing at the Southwest corner of the SW 1/4 of the NE 1/4 of said Section 29, run N89°3707"E along the
South line of the SW 1/4 of the NE 1/4 of said Section 29 a distance of 1316.63 feet to a point on the East line of
the SW 1/4 of the NE 1/4 of said Section 29; thence N00°02'27"W along said East line; also being the East line
of a Parcel described in Official Records Book 4180, Pages 1006 and 1007 of the Public Records of Orange
County, Florida 1242.66 feet; thence N85°35'15"W a distance of 24.98 feet to the POINT OF BEGINNING;
thence 589°47'59"W a distance of 347.16 feet; thence 500°17'53"E a distance of 10.00 feet; thence S89°42'10"W
a distance of 70.00 feet; thence N00°17'S0"W a distance of 10.00 feet; thence S89°42'10"W a distance of 183.82
feet to a point on the Westerly line of lands described in Official Records Book 4180, Pages 1006 and 1007 of the
Public Records of Orange County, Florida; thence N00°16'05"W along the westerly line of said parcel 15.10 feet;
thence N89°41'02"W, 446.95 feet to a point of curvature of a curve concave to the south having a radius of
2,030.00 feet, a central angle of 04°21'09" and a chord of 154.18 feet that bears S88°08'23"E; thence westerly
along the arc of said curve, 154.21 feet; thence S00T/2'33"E a distance of 10.03 feet to the POINT OF
BEGINNING.
Containing 9634 square feet or 0.22 acres, more or less.
OTHER INTERESTS: Greystone Servicing Corporation, Inc.
Integrated Resources American Insured Mortgage Investors — Series
85, a California limited partnership
U.S. Department of Housing and Urban Development
Page 6 of 6