HomeMy WebLinkAboutVII (C) Resolution no. 2003-03, Relating to Acquisition by Eminent Domain of Parcels 116 and 125 for the Professional Parkway/Old Winter Grden Road Widening Project Agenda 2-04-2003
Item VII C
FOLEY : LARDNER
ATTORNEYS A T LAW
111 NORTH ORANGE AVENUE.SUITE 1800
ORLANDO. FLORIDA 32801-2386
P 0.BOX 2193
ORLANDO.FLORIDA 328022193
ILLLPHONL:49/.423.7656
FACSIMILE'.407.648.1/43
WWW.FOLEVLARDNER.COM
MEMORANDUM
CLIENT-MPi0CR NUMBER
020377.0548
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee �� �y(�
FROM: Mary A. Doty, Assistant City Attomeyt '
THROUGH: Paul E. Rosenthal, City Attorney
DATE: January 21, 2003
RE: Professional Parkway/Old Winter Garden Road Widening Project
Resolution No. 2003-03
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
116 Sophie Madura, Fcc Simple Title North side of Old $27,500.00
as Trustee Winter Garden
Road, east of
HealthCentral
125 Louis R. Seyhold Fcc Simple Title South side of Old $95,850.00
Winter Garden
Road, cast of
Hempel
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 arc available in
FOLEY & LFlRON ER
006.282852.1
FOLEY : LARDNER
the City Clerk's office for your review. Pursuant to Florida law we have sent offers to purchase
these parcels to the property owners identified. While both property owners have contacted the
City, no formal counteroffers were received. 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. 2003-03 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 be accomplished by February 15, 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 properly 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:
Approve Resolution No. 2003-03 , 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/jle
cc: Jim Gleason
David Wheeler
2
006.282852.1
•
`i
PARCEL 116 RIGHT OF WAY
LEGAL DESCRIPTION:
A portion of Lot 20 through Lot 23, Block 12, PARK RIDGE as recorded in Plat Book 0, Page 100 of the
Public Records of Orange County, Florida
Being more particularly described as follows:
Beginning of the Southeasterly corner of sold Lot 20, said point being on the northerly right of way line of
Old Winter Garden Road; thence N75'28'08"W along said right of way line 100.00 feet to the southwesterly
corner of said Lot 23; thence leaving said right of way line NI 4'31'52"E along the westerly line of said Lot
23 a distance of 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with said right
of woy line; thence 575'28'05'E along said parallel line 100.00 feet to a point on the easterly line of said
Lot 20; thence S1431'52"W along said lot line 50.00 feet to the POINT OF BEGINNING.
Containing 5,000 square feet or 0.11 acres, more or less.
NOTE: The bearings shown hereon are based on the North line of the SW 1/4 of the NW 1/4
of Section 29, Township 22 South, Range 28 East, Orange County. Florida, being N89'42'15"E
(Assumed).
Date: 45727040
Legal Description April 22, 2002 CS
FOR Job No.. Scale'.
45727040
Professional Engineering
Consultants SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61017-6, Florida Administrative 324 North Orlando Avenue
Code requires that a legal description Maitland, Florida 32751-4702
drawing beor the notation that (407) 647-8898 CERT. NO. L82108
THIS IS NOT A SURVEY. a oil: lobes beasts syl urveyin cam
SHEET 1 OF 2 GARY B. RICK • � +yJ`•
REGISTERED LAND SURVEYOR Na. 4245
•
SKETCH OF DESCRIPTION
•
LOT 5
LOT 6
LOT 7
•
SOPHIE MADURA AND DOLORES M. JANSYN
7" = 40 '
GRAPHIC SCALE PARCEL ID NO.
28-22-28-6689-12-050
0 20 40 80
JO BLOCK 12
o PARK R I D GE
j PLAT BOOK 0, PAGE 100
2 LINE 50.00' NORTHERLY OF
AND PARALLEL WITH THE
LOT45
24 a
W NORTHERLY R/W LINE
2u SZ5A/ ty
77 2 LOT 19
itV
:Jo E 100.00.
yinLOT 23 C, >
RIGHT OF WAY 3
NORTHERLY RfGMr or war 112 / OFSOUTHWESTERLY
of Oi322Lr CORNER
21 LOT 20 0 h
OLDL
L
WINTER G,gRs2ep6 �000lo to
Q
w
n La
60. R�EN Rpq p0
ABBREVIATIONS. POINT OF BEGINNING ! `1e.
R/W = RIGHT OF WAY SOUTHEASTERLY CORNER OF LOT 20 /f j('Iy1 :Gil.' TAI>,
tl`y:.. n�t
SOUTHEASTERN SURVEYING & MAPPING CORP.
Drawing No. 45727040 324 North Orlando Avenue
Job No. 45727 Maitlond. Florida 32751-4702
Date. April 22, 2002 CS (407) 647-8898 lax: (407) 647-1667
Sheet 2 of 2
See Sheet 1 for Legal Description
PARCEL 125 RIGHT OF WAY
LEGAL DESCRIPTION
A portion of Lot 29, Lakeview Heights as recorded in Plat Book E. Pages 32, 39 and 40 of the
Public Records of Orange County, Florida, lying in Section 28, Township 22 South, Range 28 East,
Orange County, Florida
Being more particularly described as follows:
BEGINNING at the intersection of the Southerly Right of Woy line of Old Winter Garden Road and the
Westerly line of said Lot 29 and the Easterly line of Falcon Point, A Replot as recorded in Plot Book
39, Pages 98 and 99 of the Public Records of Orange County, Florida; thence along said Southerly
Right of Way line the following two courses: 549125'47"E, 74.41 feet; thence 543'15'55'E. 416.96 feet
a the point on the arc of a non-tangent curve concave southeasterly, being on the Northerly Right
of Way line of the East West Expressway os shown on the Orlando-Orange County Expressway
Authority Right of Way Mop, Section 75008-6450-501/502, having a radius of 5,879.58 feet, a
central angle of 03'46'36. and o chord of 387.49 feet that bears 560'46'10"W; thence southwesterly
along the arc of said curve, 387.56 feet to a point on the easterly line of said Falcon Point, A
Replat; thence along said easterly line the following two courses; NOD'28'44"W 446.96 feet; thence
NOO'14'58"W, 94.30 feet to the POINT OF BEGINNING.
Containing 92,824 square feet or 2.13 acres, more or less.
NOTE: The bearings shown hereon are based on the East line of Falcon Pointe, A Replat as recorded in
Plot Book 39, Pages 98 and 99 of the Public Records of Orange County, Florida, being NO0'28'44'W
Dale: 45727075
Legal Description April 22, 2002 MR
FOR Job Na Scale:
45727075
Professional Engineering
Consultants
SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 6161 Florida Administrative 324 North OrlandoAvenue
Code requires that a legal
scription Maitland. Florida 32751-4702
drawing hear the notation that (407
) 647
-6696 CERT. NO. L
B2
108
THIS IS NOT A SURVEY. a eLI: inloOs heon surveyin corn
SHEET 1 OF 2 Y B. RICK •
REGISTERED LAND SURVEYOR NO 4245
TRACT'R AND IAA SKETCH OF DESCRIPTION
UTILITY AND WALL \
EASEMENT
LOT 24 S49.25'47"E
74.41 ' O`/
LOT 25 a A e4 O 47
4
to,‘
��e 9e4-
�t A
to n. y Ape I
N
c
m LOT 26 a t, �JR7A-` .9
3 I b MERCEDES HOMES, INC.Pcn ARCEL ID NO.
d N 27-32-38-4880-00-290 <5 +CZLo w Z It
a a LOT 27 UKEvIEw HEIGHTS
PLAT $`b, O
1.1 2 PUT BOON E. PAGES 32. 39 & 40 Tv ��
5 '0 01 S O
d Y EASTERLY LINE. FALCON PDNTE. A REPLAY •9ole
Z SO PUT BOOK 39. PAGES 98 & 99
o 5 t0
0 LOT 28 0)
4a 1-
'Cr
MCI "C RETENTION WA RIGHT OF WAY
PER FALCON POIME. A REPLAY
PLAT 900N 39. PAGES 98-99
ORANGE COUNTY. FLORIDA 3 R=5879.58 L=387.56'
LOT 29 it, A =3'46'36"
d- CB=S60'46'10"W
• CHORD=387.49'
sr
z i `�, -
LOT 30` L '< 5�lx
04 to,
LOT 31 > R a�:5°
L StC
ABBREVIATIONS:
R/W = RIGHT OF WAY T "�6TCCT-Ty�T;
L = LENGTH OF CURVE � LiL _ Q
R = RADIUS �_VI - i- T`r.--E/�`' tvOlL L.
p = CENTRAL ANGLE S rIrI13Yr11J�9�LL._I:a `I
CR = CHORD BEARING III' VVVV ANWMMEMM„- \
Dra.ln No. 45727075 1 = 80 SOUTHEASTERN SURVEYING & MAPPING CORP.
9324 North Orlando Avenue
Job No. 05727 GRAPHIC SCALE Moitlond. Florida 32751-4702
Date'. April 22, 2002 MR (407) 647-8898 lox: (407) 647-1667
Sheet 2 of 2 0 4080 160
See Sheet I for Legal Description
RESOLUTION NO. 2003-03
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 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 lands 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
006.282642.1
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 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 fcc 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.
006.282642.1 2
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:
PARCEL NO. 116
OWNER: Sophie Madura, as Trustee
INTEREST: Fee Simple Title
PARCEL NO. 125
OWNER: Louis R. Seybold
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 to 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.
006.282642.1 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: Lean 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
006 262642.1 4
EXHIBIT "A"
PARCEL NO. 116
OWNER: Sophie Madura, as Trustee
INTEREST: Fee Simple Title
PARCEL 116
LEGAL DESCRIPTION
A portion of Lot 20 through Lot 23, Block 12, PARK RIDGE as recorded in Plat Book 0, Page 100 of the Public
Records of Orange County, Florida
Being more particularly described as follows:
Beginning at the Southeasterly corner of said Lot 20, said point tieing on the northerly right of way line of Old
Winter Garden Road; thence N75°28'081W along.said right of way line 100.00 feet to the southwesterly corner
of said lot 23; thence leaving said right of way line N14°31'52"E along the westerly line of said Lot 23 a
distance of 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with said right of way line;
thence S75°28'08"E along said parallel line 100.00 feet to a point on the easterly line of said Lot 20; thence
S14°31'52"W along said lot line 50.00 feet to the POINT OF BEGINNING.
Containing 5,000 square feet or 0.11 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 1 of 2
006.282642.1
EXHIBIT "A"
PARCEL NO. 125
OWNER: Louis R. Seybold
INTEREST: Fee Simple Title
PARCEL 125
LEGAL DESCRIPTION
A portion of Lot 29, Lakeview Heights as recorded in Plat Book E, Pages 32, 39 and 40 of the Public Records of
Orange County, Florida, lying in Section 28, Township 22 South, Range 28 East, Orange County, Florida
Being more particularly described as follows:
BEGINNING at the intersection of the Southerly Right of Way line of Old Winter Garden Road and the Westerly
line of said Lot 29 and the Easterly line of Falcon Point, A Replat as recorded in Plat Book 39, Pages 98 and 99
of the Public Records of Orange County, Florida; thence along said Southerly Right of Way line the following
two courses:S49°25'47"E, 74.41 feet; thence S43°15'55"E, 416.96 feet a the point on the arc of a non-tangent
curve concave southeasterly, being on the Northerly Right of Way line of the East West Expressway as shown on
the Orlando-Orange County Expressway Authority Right of Way Map, Section 75008-6450-501/502, having a
radius of 5,879.58 feet, a central angle of 03°46'36" and a chord of 387.49 feet that bears S60°46'10"W; thence
southwesterly along the arc of said curve, 387.56 feet to a point on the easterly line of said Falcon Point, A
Replat; thence along said easterly line the following two courses; NW°28'44"W 446.96 feet: thence
N00°14'58"W, 94.30 feet to the POINT OF BEGINNING,
Containing 92,824 square feet or 2.13 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 2 of 2
006.282642.1