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Home My WebLink AboutVII (E1) Resolution No. 2003-08, Acquisition by Eminent Domain of Parcels 113, 711, 115, 122, 123, and 124 Agenda 3-04-2003 Item VII E 1 FOLEY : LARDNER ATTORNEYS AT L A W III NORTH ORANGE AVENUE.SUITE 1800 ORLANDO. FLOR DA 328012386 F.O. BOX 2193 ORLANDO, FLORIDA 328022193 TELEPHONE 407.423.7E56 FACSIMILE.40I 648 1743 WWW.FOLEYLARDNER.COM MEMORANDUM CLIENTMPTTER NUMBER 0203P954B TO: The Honorable Mayor and City Commissioners of the City of Ocoee ,q-j� FROM: Mary A. Doty, Assistant City AttomeyPA'J THROUGH: Paul E. Rosenthal, City Attorney DATE: February 20, 2003 RE: Professional Parkway/Old Winter Garden Road Widening Project Resolution No. 2003-08 Based on the final project design prepared by PEC, the City needs to acquire the following properties: PARCEL PROPERTY PROPERTY LOCATION OF APPRAISED NO. OWNER INTEREST PROPERTY VALUE NEEDED 113 Richard S. Bruce and Fee Simple Title Southeast corner $11,258.00 Mary Bruce of Old Winter Garden Road and Blackwood Avenue 711 Richard S. Bruce and Temporary Southeast corner $258.00 Mary Bruce Construction of Old Winter Easement Garden Road and Blackwood Avenue FOLEY&LARDNER 006.286478.1 FOLEY : LARDNER 115 Leonard A. Potter Fee Simple Title North side of Old S58,250.00 and Marie Potter Winter Garden Road just east of Division 122 Clifton C. Bowers Fee Simple Title North side of Old $13,750.00 and Lillie B.Bowers Winter Garden Road,just east of intersection with Hempel 123 Clifton C. Bowers Fee Simple Title North side of Old S13,750.00 and Lillie B. Bowers Winter Garden Road,just east of Hempel 124 Clifton C. Bowers Fee Simple Title North side of Old S40,067.00 and Lillie B. Bowers Winter Garden Road,just east of Hempel Sketches of these parcels arc 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. 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. 2003-08 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 March 7, 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 arc not delayed but imposes the risk on the public body of what the ultimate valuation of the acquired property is determined to be. 7 006 286478.1 FOLEY : LARDNER RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners: L Approve Resolution No. 2003-08 , 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 3 006.286478.1 F0LEY : LARDNER PARCH 113 RIGHT OE W'm r_..n1. [SCRIPT!ON A parypn L ;he t "a l nl 1/9 of Seron 94, Town" p 22 .out^. Range 28 fcsl. Ira lye _ nty.Ju Flonpa al 9 more so culurly (Way met us folio,, 29mmentr of the Southw est ouwest at 'he St 1/4 of the NI 1/4 t o•a Serllan Ys ocethence 9fl aw to Tt on a of so Ia S_ ioa of It NE 1/9 0 Rlslance of r s 40 feet to a polo! on It a Sau9 lane of ones tlesoul S in 6Ulf 204 Records Boer 1 . Pugs or(q 1of we Pne of UIockuoo soul Southa6ne 620a feet to a e on . s 151 rPag of wayof tic Record Avenue as county. n ad TOff hence Records floor airy . Page /6 ofthe PWLc 7Wi fedet of Or anthe ..uunly. CVOINT thence N00O2'2encW Song said dghl of wry line soT Na Iva! lr awe 42I38 cur Ut or hnne Soothe rvo0'01"of"w tone soal nytrl of way 6ne t2 nc leaf to a port rly the Sogl1ef aM of 55 Imo of 014 el poinGardentthence1. ofwayt onfInc arc of ae - onset c ,o the n 2 61 f e radius of 8, C ra !eel. a eel non they of 0332 Ord a soi<1d cf ee 61 vet lhet hears 14'tong thence southeaster,28a08 E along We o - Sl 23ail curve_ 52 b2 feet to a paint of tangency I!ranch c i 28 aOtlo a alordsre of 0 loot 1 Floinl or the east of lone Crothce In t el cRecords Book 3304ht of n1ar5 0l the P36 6 W said or nronle IncCo 2 Florida t Thence leafing iE r'ic of non I:ne 02 along 5ai0 eTul e 221 adi to the polo! rf the tr n tangent c e to too csuln 15€.oy 0 etatha of bears t00 T14 n ony.ee 0nly cl fo she ua chord of curve. 'set that 1. (N M1eU' 0120 I' ace nmlcw 0 5 3a'e the arcM STa cu 1R eE eel Ven,.e S<Y 20'SaW a arsmnce o' 1L.39 'eel to P.O POINT Or BEQNNNG. .anla. Ine 209y ^.aurae eel o, _ .,, u_,_.. are or Tess NOl:The hepnnys shown n ee g Jre North lot of tie 5'.v I/4 hf the NW 1 0l m SecYmr 25. Township 22 9ru.m^Ran II 2P Ell Orree _au ,y. Unoo. horsy Nd Y'<['15t ( ssumea). Legal Description ,alr %pr,l 2 . 2002 Ls r.e.,ee. l vArlia ° fwoa,Ial F.aq sme rose r = so' i (1 -4 444,0* r - me cbinvltaal,ecar SW1,4a 324 dorth Odo G Avenue cdV. Jb . f WMo pmuw rn, •pnu m a ( 0]) h„u C�ERI n0 q op THIS IS NOT A SURVEY. �` y`pntom wKK...e,.� 4 006.286478.1 FOLEY : LARDNER SKETCH OF DESCRIPTION YQO'N L M 7,-- 'NE NE Ii 4 O E NI 1/4 11. .l. qM'. Fi ..0JR., iun<,r :a 161 I Nuxxl E EE V If nt I,0 sr ic i 11.1 u IAA11-II 2 22 SO TH RA C.E ]a EASE xAw LLDR-8I52.94-Y L=7x �' .59' �NTER CB-N7714.06"W NS7900•05°E RIGHT GF WARD N CHORD=52.58' itN5 r�i, AA" Sly, ARI`ES ROAD Ztio� i .l ' 'B" 1 RIGHT OF WAY C4 w r"ry[ 00 �J.I R=2031.00 L=166.70' �!'3 0 4=442'10- o \ Z CB-N80'27'1CW w CHORD-166.65' i 1 "' Q o Pre IARO BA CL AND MMv RROLt j \ a PARCEL ID NO. PARCEL 10 NO. .T§ '21 K R 28-22-28-0000-00-030 28-22-28-0000-D0-02 '0 0to i E. W. N A C P. HL 594 2 - x , �H' Y PAC n35 �� Sd.- ILd ` INND LP N O E P L A T T E D , I �a6 m I_. __ O R. BOOM 18114 141, i'` w �_� 5 55 Y --- r1 .. 1 m _S O .S xE SE /• L' h Itl�q Cr o>r IX L E 2 .uo o� -—POINT OF COMMENCEMENT _ x/ f ie11:i I!_p. I; �n e' s E rou.: E s .r' �L��O __ SOUTHEASTERN CO O _Li . , � 1. ouH. uH- A14 G c __- H ON NCr x orth Organ & PAWNIvenue CORP. l _)d)OS` C O IOL a North do 3 Avenue ', :cc ¢ 84' a 95 fox 32)51-UO2 a:',1 ej (407) eese m. (407) 6n-166) 5 006.286478.1 FOLEYILARDNER SCHEDULE."A" PARCEL 711 PURPOSE- Temporary Constrtctfon Cnserneni A portion of the Northeast 1/4 of Swebon 29, Township 22 sou:n, Range 28 East, Orange County, Rorida tieing more particularly described as follows Commence at the Soutnwest corner of the Soatheael 1/4 of the Northeast 1/4 of said Section 19: thence N0O02'27'W along the West line of sail Southeast 1/4 of the Northeast 1/4 a distance of 984.28 feet to a point on the South line of the lands described in Official Records Book 1816. Page 076; thence 575'17'24"E along said South line, 62.14 feet to a point on the East Right-of-Way line of Rlackweod Avenue as described in said Official Record Book 1816. Page 076 of the Public Records of Orange County, Florida, thence continue along said South line $75'1724L, o distance of 191.47 feet to the East line of lands describes in Official Record Book 1304, Page 1495 of the Public Records of Orange County, Florida. thence N0002'36"E along said East line a distance of 297.18 feet to the point on the arc of a non-tangent curve concave to the South having a radius of 2,031.OD feet. a control angle or 001392' and o chord of 7 80 feet thot bears N78 I245-W. thence Northwesterly along the arc of said curve 7.80 feet to the POINT OF BEGINNING; thence SII'22'02'E. a distance of 5.00 feet; thence N7637'59"W, a distance of 22.190 feet; thence NI l'22'02"E. a distance of 500 feet to the point on the arc of a non-tangent curve concave to the South having a radius of 2.031 00 feet, a central angle of 0037'le and a chord of 22,00 feet that bears 578'37'5 ''E thence Southeasterly along the arc of said curve 22.00 teet to the POINT OF BEGINNING. Containing 110 square feet more or less. I. Stornge • S. bong c or me seva.••t 1/4 of m• Nmthent I/4 o Saxon 29, row p 22 South, Poor 28 East ee bong NeW4rI r t(M•vnN)Ie mhereby gently mat m -sketch o xr'anrvia pmp•rb Is to Its hest ofshoe rb•ea o entry < ray dimities to the emnnebe eta Forth br • Hondo Bet n of Surveyor one apw^ pursuant to Section •Y2027 of tithe lorenStatutes. • Description Pow CERT NO 68210e ur7m5• P 9/26/2,002 drug 0EFIiA S-I4l':'.- j . FOR 57 1 _Job 45727054 Scale: r 50' r e �7ih_�`it - Proressional Engineering -E C - Consultants SOUTHEASTERN SURVEYING OFnue CORP LN. e6n-6_ Ponca mmobat.• 3Z4 North Orlando Avenue Cede (duties that a lepu inact Son Y Florida 9E961 droning � (40 )an-8898-eeee fae(4o7)e47-1667 THIS IS NOT A SURVEY. moo mla.eoug Li .te yeUrveym c m 511L 1 OF 2 ART a ICK 5 ShE SHEET 2 FOR SKETCH REUISTERIEF WIC SURVEYOR NO. 424S 6 006.286078.1 FOLEYOLARDNER SKETCH OF DESCRIPTION PARCVI -741 r IL;,�;6;M;mo um Prom or AR se ip resole`gym.Ira t4 ihr OL0 .T9Vt2NR(E ROM pN,RgR�FN l Ap . POINT N� LLJ A. D N11.22'oz'E--�-`�. �2.21e Z 5.00'ILI N78'37'59"W Q 2722.02WW R-2031.00• SiS L-7.80' a 5.00' ® A-0O'13'12" CB= W N78'12'45' 1 \ TEMPORARY CONSTRUCTION CHORD-7.80' =� et 'tr R EASEMENT d^ is Q co .1 RICHARD BRUCE AND MART BRUCE �6$ R=2031.00' L=22.00' Ai ArT O A. PARCEL ID NO. PARCEL ID NO. A-00'37'14' rq3 ' m:. 28-22-28-0000-00-030 28-22-28-0000-00-029 g CB=S763T58-E W€n NA Y 8 CHORD-22.00' - , h L 5 Y x " `a m k O.R. BOOK ]304 4. 8 PAGE 1493 NOT PLATTED I- -.--O.R. BOOK 1816 PAGE 0/6 — IS 111\ 16?r". 3 N• u ``S/5., -.„„ epo.lKr non 7"7r\, t r ffROR ti a b a $W CORNER Of THE SE 1/4 rtt a CN E NE /4 01 xolON 21 �� 4EF 0,5 `POINT OF COMMENCEMENT I -ir177'•-n--v.." OR °FECAL RECORDS GRAPHIC SCAI.F SOvnIASTUW 3UEVETING a 2GPN(N6 comp. DIP•Prig x ,51D054 I"Z � 324 North Orlando .Mane Job 45727 0 25 60 IOC OJtle74, Florida E@I-4702 ;N S/26/22002 c6v9 1407)447-66°G MIS-aI1647-LNT Shoot Mal- Not 211- G5 see Sneer 1 for Leper Dsecnot.en •enitlulelhouNwUrG4unglopeent 7 006.286478.1 FOLEY : LARDNER J6;c-V'(IJ1'I r ut I,rl r. eyn c9 1? 4W .i _. ru o r. n -lal 5r- C. Page +00 tll Y - kec rJ I Ce t-. InniC n of d of 2y nPl. the orlhery yht of way Ga Nnler tl n . �t . e NI/ 1.1 5 1 (heV cicy fur a( .ed Lnr 29 a dklanCr a - : to a r , -q `C.�O r - lkerly a oaf.] .n te h ro,d gilt Cl .ay ethence 5/S[n S D a - sara CI e rouAC' tact . on me ea al cd o /., IM1✓r-e s n [ x ;d u:or lerl to a out orb e r pi' s s or. so Lot 24 f r yGrt of .;r] :I a R m; 1ne cc N.F29 O8"W aorg said rig I . ie i I cet oe n rnLl t, IN :6rd Cf 1 '5011 I.o.e trey .., r .r s, en.we JR 1- RS REPOFT. Ii ny_ ], ool / e Ln, I. st 1/. of S eton 1 2 b Je 5 Lns a.04 k ( eJ). ao4en. t _ flanz r tnea trrd 1U (he z vn55 4y otpersco.-mr.nl nay ae asoc.e.ee er o -corm na R 5.fo a 4 No IeX5CO27o;. doted I2/06/>05u m we soor,wepbn t 1 r .- i, n re ty ;c gq :.gpesl o posvb. con o1 easement 4de l r tin. el ir vIf 'lIC4t 51 fNWRJS ICR (AND S.RVFYIN CN 6In1]-5 1 '♦ 1Trl.on I.r u r Ood mo44er ie vi c i. rr p L e wo.r nq eves gel p nla me cr Llc ie .I� ml r c I II. t ..eolLtd pace .Hangar c.e Leer, vc.leJ 45>?7101 Boundary Survey January 24, 2003 ce.c ifl71A4`�,�� IOk 45920101 1"s40' ��t Ilt.y:Fp - -1-1 Professional Fngmaenng o pn S0UTHws1eRR someeaNO c MAPPING CORP. • 324 llo Olcrao Avenue Consultants Mrvudna F 52751 4702 y 1 (400) 647-M98 CERT No. Le01M e !M1��r.me rny�nR g ecm. 8 006.286478.1 FOLEY : LARDNER Sii d4NE SIRE Sr 1 1 I - al' GRAPIUC sLA LC i I. o N] f / nr / / f A ru " I OI S bI / A PARK '�1 2:c• R � D G E Q'�� u<ux a .I peg I) 1 ) O h Cgin to' 6P h ors S75. 'irE y, h, DSO.po. I:u:o1 !J zt( 1 ,D 0 s3, RIGHT OF WAY N N78<8.oe. , o: 0D W oM POINT g ha BEGINNING _ Q�fl 0'p8 ewr ,aPu U /Nr nv /> oRR GARDEN'`R OA• r ( SOUTHEASTERN SURVEYING k MAPPING CCRP 324 North Orlando AVeove of cud Rwda 32751 4702 (.O: 7N 647 Dove la.. (407) 641 12e7 9 006.286478.1 FOLEY : LARDNER PARCEL 2 RiGhi OP ]QP" LEGAL! oescRlvncN A portion nl Lot 20 cod 2t. [lb, PARK P')C E ne ecnmed n Plot 30u4 0, Pege r-00 0' Inc 'ehrc Records of orange Cnunty. Florida being mare Porticelorli uea•r.hcd a to os (leg nn eg of the southeossterly corner 01 sold ;of X, pOmt being nn the northerly r..ghl of way line o1' Old Whn•er Garden Road thence N T5'28'08W clong a right al w v Ine 50.00 r eel l to the southwesterly Comer in sold Lot 21, thence lea m.ong soId r,y 0 way lineNI 4'3152.E along the westerl ll y scud ot a 21 .stance al 50.00 Ieet to r rn r a n hand 5000 feet northerly at and parallel with said r.gal of way line. thence S]328 De Wong surd oiler line 5000 l Pet 6c. a porn' on Iha rasteay Ice of said Let 20, Inence 514'11'52'W olnng s..a lot Ilne 500G leer to th.. PolNL OE RIGINNING. lontnining 2,500 square feet ur DOR rm.r5. rare nr e NUI! the hearings shown • e ncsad [a North of the S /4 nl a NW 1/4 cl Jinn 29. lox t f 2 inn, k q 2, Eor. g- Foca.mr, Ylanda, be nq NB9'42-IS (4SSamed) Legal Description pure in • '..n.4e Q P April LL, 20U2 CS "Frier FOR = rm. srm. L 'J_._- Y _(1 e 457Z7046 . 1 - P rob,csrona I Engamen ag 1- L( Consul trmts 50yrnEAsICMe' St/RYE-NC & uVPiNC CORD 32i Norm Orlando Annn <va. .w.henit1i .. 647- Florida 32751-4702 nNa...y near wa ncwr�on r.. ((( 407) Cn;-EE9G CERT 1q LBlICO DNS IS NOT A SURVEY. e{n04 os.autNI.a —..ury L• yv.Pr cam ":”LET IF *peck ..., . 70 006.286478.1 FOLEY1LARDNER SKETCH OF DESCRIPTION eu lory r BOWERS AND , . - I ;ILI.. H. BU'NL H.7 I PARCEL ID NO. D —R— :7-28-6085 11 200 � HwuN I I p /P A R K R I D G {'LAl Boots / PAC; 100 / _ '..NC DEIN sa�r NORTr(aLY (H ANI orPk NLF. mintE NO/UHFPLY Rh, LINE �i9ENLY LAC or LT OT� 2 575ZBrOerE SQ00r •II s O h OT 21 LOT 19 W WI 20 �HntNo UNE Or Lm 20 ;7 ®• 3 = RIGHT OF WAY h saurHMSTERc C04IFR Wr/e Nf lor }i - iIi " rs28.08'�, aL:..r :74 5Q00 __ OLD POINT OF WINT BR LaFF�� L, R DEN ROAD A Evp90uS. -• 20 t ,Nilf i- .4... .HI ar w.. GRAPHIC SCA..- I l( p�. �`- (y� 0 In r EJ TNXOiO�ew`\ 0•0-^4 N.. a77v046 SOUTHEASTERN SURYESINGs SUPPING CORP. .. 'lb??? Wnbna Flo:aa msl-.>O] . d e :co) (.m) •47-8B9! raw (407) 641-1667 11 006.286478.1 FOLEY : LARDNER PARCEL '23 RICIQ Cr V14y I(-At Off SCRINTION A p,nticn J lo; 18 and Y. BlocI I1 ;AP.. 12Y36F c. rsaroed n Plat bock C. page 00 of tee Poole. Reco'15 of Oran 3e -ouely, clonde bong nthre parlmnlo(y cescr:tea as thl lies Beginning of the 5ou0;easle y o of surd Lot IN. oomt be.ng on the northerly right of way line of Old Winter Gorden Road. thence NI462NC08 W song snid right of way line 50,00 feet to the soutnweslerlyze tether of said Lot 19: thence leowey so'd right of way line N14'31'524E bong the westerly e of said Lot 19 a distance of 50.00 feet to n pool; o a line befog 5000 feet nartnery el and VoraII I with said right of way line. thence S/5281)e'E ilori9 sold porunN line 5000 feel to e paint on in. enslerly line of surd Lot 181 thence 514'31'52 W eIong som ow line en CB feet to the ✓0.N1 Or BEGINNING. en-tuu -6 2.500 sago a fee, or 0 06 ocren. mope Ies. NOTE: the eeoergs sore Blow` o e North line of the SVf 1/4 of the few I/n 29. rown.mp r22 South. cnae 2e Look J•ange ,rn r. rlwldn bring 691'42-uE i Assunm a) Legal Description nnl. April 22. 2002 CS .+n,a., xm. l"e'ti'ur. . FORn,.. _ wq..r..1.1;.._..;.�u Job 41 4572047 I - 20 Prnlesstonal consultant. t it consultant. SOUTHEASTERN SJN'2ylG & NAPPING CORP. 324 North Orlando Wenw "n.v Mallon& n nob 3 . .0 L02 (407) 6 )-B9RR GER1 NO B2106 THIS IS NOT A SURVEI'.0 ��I �.... e.. 006.286478.1 FOLEY1LARDNER SKETCH OF DESCRIPTION I / /(3l OCK II I P A R {C R D G E -- .LA! El._ 0 PAGE 100 { / CLIFLON C BOWERS ANL) �V / I.ILLIE 13 BONERS PARCEL ID NO. / 28-22-28-6689- 11 - 18 / __Pk&LLLc 1H J°r^.CC°ninau..°`nr:°l..c / .LSICN.. L».. �, mor e6 /5j5 COOT£ SgpOR s — IUICNIV 1Nt 01 Lor I0 10 DI Ig p IP _GT Ifi - LOT IT h a ® _� _ RIGHT OF WAY ;n :'2 N. $dirk Sr EgLr CORNER Cr ;7 h 0L� <„, S�mW� - W/NT POINT OF BEGINNING - ' 60' ,AP As L,Lori I Riw DEN READ Apl L\ T[we 111 IIG ;L. _ NGN= or /of 1 2°' FSjr7 TI GRAPHIC SCALE r.-i-r V2a�� 0 I ) :n nC SOUINEASIERN SURVEYING k MAPPING GO RP _ PJII 324 North O.I&r M 4opuono. Poo 327S1-4702 Po�'22 2CO? Ce (007) 647-689B lei- (.02) 647-667 I 13 006.286478.1 FOLEY : LARDNER PARCEL 124 RIGHT OF Wile LEGAL DESCRIPI ION_ A portion of Lots 14 Through 17, Block 1I, PARK RIDGE as recorded in Plot Book 0. Page 101) of the Public Records of Orange Caunly Florida Being more pcieuta0y described as follows', Beginning at the intersection of the northerly right of way line of Old Winter Gorden Rood and the southwesterly corner of said Lot I): thence 614'31'STE along the westerly line at said Lot 17 a distance of 50.00 feet to a point on e lire being 50.00 feet northerly of and parallel with aforesaid right of way line: thence 525'26105 E along said parallel line 88.26 feet; thence N5714'OCE a distance of 30.58 feet to a point on the westerly right of way lino of Arlington Avenue and the easterly line of said Lot 14; thence S0O03'41"E along said line 55.97 feet Io a point of curvature of a cr Northwest having a radiusof 16.00 feel, central angle of 104135 33" and o chord of 25.32 lee/concave bears 552'14'06' West to the aforesaid right of way line of Old Winter Gorden Road; thence N75'28'00 along said right of way line 105.58 feet to the POINT OF BEGINNING. Containing 6,194 square feet or 0.14 acres, more or less. NOTE: the bearings snown n hereon ore hosed 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. rbrlda. being NOY42'15"E (Assumed). Legal Description bee umg.e $ p May 4, 2002 CBvG y, FOR Job Na Scow. :r hiwi .' flak3i. 45729048 I" _ 20 flakProfession ltEngineering rho �- Consultants SOUTHEASTERN , SUMMING & WAPPINGCORP. r 4 324 m Odo nnUa C"e a e an a 6474• Florida32 -4702 era. boor me aatc w. oar (407) E4y-ease CERT NO. IB2 THIS 6 NOT A SURVEY. a f ea . ' corn• :I¢CT Or 2 warm°deo swsnoa No 4:•5 14 006.286478.1 FOLEY7LARDNER SKETCH OF DESCRIPTION i „ _______\ 9LOCK I1 P • R I RIDGE _ P Al HOOK 0, PALL 100 5 G ^ CLIFTON C BOWLRS AND I.III IF B. BOWERS h o PARCEL 10 NO. 28-22-28-6689-11-140 o to LOT 18 2 - uNE oEWO EN„210G NORTWRW unr A AND P LEL 42 W •(A, > w .i Sig?8'pg� ,b0 � D ki E 88,26, ,8,1"P W 27 LOT 17 1 24 N rc w RIGHT Of WAY • POINT OF a Z �N�f LOT IP SSOHUTHHWESIENLY CORNER OF LOT 17 12 0 LOT 16 LOT IS R=16.00' L=29.21' °' Z N78, A-104'35'33" OLD A,T?608'µ. 105.88, CBHORD-125.32W Ii Q WI ER Nore 60' Rn,ARDEN ROAD' 'TORT Or w4 „F - 20 GRAPHIC SCALL mcTI a ............. j. RtsRewnws ---__ __ a.,�':4LL JiLl.• . - D..o.irq No 45727045 SO RR ofth G6,RAPPING CORP. Job No. 45727 Ma3324 4O. Ibtih do Aven470$ PoI. Met 4 2002 CO'C $07) 64,-6696 for (40]I MI-I66) Snow 2 C 2 15 006.28647811 RESOLUTION NO. 2003-08 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 A TEMPORARY CONSTRUCTION EASEMENT, 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 a temporary construction easement 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 006.28640B.1 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 a fee simple interest and a temporary construction easement 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: 2 006 286408.1 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. 113 OWNER: Richard S. Bruce and Mary Bruce INTEREST: Fee Simple Title PARCEL NO. 711 OWNER: Richard S. Bruce and Mary Bruce INTEREST: Temporary Construction Easement PARCEL NO. 115 OWNER: Leonard A. Potter and Marie Potter INTEREST: Fee Simple Title PARCEL NO. 122 OWNER: Clifton C. Bowers and Lillie B. Bowers INTEREST: Fee Simple Title PARCEL NO. 123 OWNER: Clifton C. Bowers and Lillie B. Bowers INTEREST: Fee Simple Title PARCEL NO. 124 OWNER: Clifton C. Bowers and Lillie B. Bowers 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 he 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 he acquired therein being further set forth above and in the attached Exhibit "A." 3 006 286400.1 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: 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 4 006 286406.1 EXHIBIT "A" PARCEL NO. 113 OWNER: Richard S. Bruce and Mary Bruce INTEREST: Fee Simple Title PARCEL 113 LEGAL DESCRIPTION A portion of the Northeast 1/4 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 SE 1/4 of the NE 1/4 of said Section 29; thence NOO°02'24"W along the West line of said SE 1/4 of the NE 1/4 a distance of 979.40 feet to a point on the South line of lands described in Official Records Book 1816, Page 076; thence S75°17'24"E along said South line 62.04 feet to a point on the East right of way line of Blackwood Avenue as described in said Official Records Book 1816, Page 76 of the Public Records of Orange County, Florida; thence N00°02'24"W along said right of way line 257.80 feet to the POINT OF BEGINNING; thence continue N00°02'24"W along said right of way line 42.38 feet to a point on the Southerly right of way line of Old Winter Garden Road; thence S79°00'05"E along said right of way line 55.16 feet to the point on the arc of a non-tangent curve concave to the south having a radius of 852.94 feet, a central angle of 03°32'04" and a chord of 52.61 feet that bears S77°14'06"E; thence southeasterly along the arc of said curve, 52_62 feet to a point of tangency; thence S75°28'08"E a distance of 88.23 feet to a point on the east line of lands described in Official Records Book 3304, Page 1495 of the Public Records of Orange County, Florida; thence leaving said right of way line S01°02'36"W along said east line 2.21 feet to the point on the arc of a non-tangent curve concave to the south having a radius of 2,031.00 feet, a central angle of 04°42'10" and a chord of 166.66 feet that bears N80°27'14"W; thence northwesterly along the arc of said curve, 166.70 feet; thence S48°20'34"W a distance of 35.39 feet to the POINT OF BEGINNING. Containing 2,047 square feet or 0.05 acres, more or less. OTHER INTERESTS: Orange County Tax Collector Page 1 of 6 006.286408.1 EXHIBIT "A" PARCEL NO. 711 OWNER: Richard S. Bruce and Mary Bruce INTEREST: Temporary Construction Easement PARCEL 711 LEGAL DESCRIPTION A portion of the Northeast 1/4 of Section 29, Township 22 south, Range 28 East, Orange County, Florida Being more particularly described as follows. Commence at the Southwest corner of the Southeast 1/4 of the Northeast 1/4 of said Section 29; thence N00302'27"W along the West line of said Southeast 1/4 of the Northeast 1/4 a distance of 984.28 feet to a point on the South line of the lands described in Official Records Book 1816, Page 076; thence S75°17'24"E along said South line, 62.14 feet to a point on the East Right-of-Way line of Blackwood Avenue as described in said Official Record Book 1816, Page 076 of the Public Records of Orange County, Florida; thence continue along said South line S75°17'24E, a distance of 191.47 feet to the East line or lands described in Official Record Book 3304, Page 1495 of the Public Records of Orange County, Florida; thence N01°02'36'E along said East line a distance of 297.18 feet to the point on the arc of a non-tangent curve concave to the South having a radius of 2,031.00 feet, a central angle of 00°13'12" and a chord of 7.80 feet that bears N78°12'45"W; thence Northwesterly along the arc of said curve 7.80 feet to the POINT OF BEGINNING; thence SI1°22'02"E, a distance of 5.00 feet; thence N78337'59"W, a distance of 22.00 feet; thence Nl l°22'02"E, a distance of 5.00 feet to the point on the arc of a non-tangent curve concave to the South having a radius of 2,031.00 feet, a central angle of 00°37'14" and a chord of 22.00 feet that bears S78°37'58"E; thence Southeasterly along the arc of said curve 22.00 feet to the POINT OF BEGINNING. Containing 1.10 square feet more or less. OTHER INTERESTS: None Page 2 of 6 006.286408.1 EXHIBIT "A" PARCEL NO. 115 OWNER: Leonard A. Potter and Marie Potter INTEREST: Fee Simple Title PARCEL 115 LEGAL DESCRIPTION A portion of Lots 24 through 29, 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 southwesterly corner of said Lot 29, also being a point on the northerly right of way line of Old Winter Garden Road; thence N14°31'52" E along the westerly line of said Lot 29 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 150.00 feet to a point on the easterly line of said Lot 24; thence S 14°31'52"W along said lot line 50.00 feet to the southeasterly corner of said Lot 24 and the said northerly right of way line of Old Winter Garden Road; thence N75°28'08"W along said right of way line 150.00 feet to the POINT OF BEGINNING. Containing 7,500 square feet or 0.17 acres, more or less OTHER INTERESTS: Orange County Tax Collector Page 3 of 6 006.286408.1 EXHIBIT "A" PARCEL NO. 122 OWNER: Clifton C. Bowers and Lillie B. Bowers INTEREST: Fee Simple Title PARCEL 122 LEGAL DESCRIPTION A portion of Lot 20 and 21, Block 11, 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, 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 50.00 feet to the southwesterly corner of said Lot 21; thence leaving said right of way line N14°31'STE along the westerly line of said Lot 21 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 50.00 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 2,500 square feet or 0.06 acres, more or less. OTHER INTERESTS: Orange County Tax Collector Page 4 of 6 006 286408.I EXHIBIT "A" PARCEL NO. 123 OWNER: Clifton C. Bowers and Lillie B. Bowers INTEREST: Fee Simple Title PARCEL 123 LEGAL DESCRIPTION A portion of Lot 18 and 19, Block 11, 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 18, 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 50.00 feet to the southwesterly corner of said Lot 19; thence leaving said right of way line Nl4°31'52"E along the westerly line of said Lot 19 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 50.00 feet to a point on the easterly line of said Lot 18; thence. SI4°31'52"W along said lot line 50.00 feet to the POINT OF BEGINNING. Containing 2,500 square feet or 0.06 acres, more or less. OTHER INTERESTS: Orange County Tax Collector Page 5 of 6 006.286408.1 EXHIBIT "A" PARCEL NO. 124 OWNER: Clifton C. Bowers and Lillie B. Bowers INTEREST: Fee Simple Title PARCEL 124 LEGAL DESCRIPTION A portion of Lots 14 through 17, Block 1l, 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 intersection of the northerly right of way line of Old Winter Garden Road and the southwesterly corner of said Lot 17; thence N14°3 t'52"E along the westerly line of said Lot 17 a distance of 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with aforesaid right of way line; thence 575°28'08"E along said parallel line 88.26 feet; thence N52°14'04"E a distance of 30.58 feet to a point on the westerly right of way line of Arlington Avenue and the easterly line of said Lot 14; thence S00'0141"E along said line 55.97 feet to a point of curvature of a curve concave Northwest having a radius of 16.00 feet, a central angle of 104°35'33" and a chord of 25.32 feet that bears S52°I4'06" West to the aforesaid right of way line of Old Winter Garden Road'. thence N75°28'08"W along said right of way line 105.58 feet to the POINT OF BEGINNING. Containing 6,191 square feet or 0.14 acres, more or less. OTHER INTERESTS: Orange County Tax Collector Page 6 of 6 006 286408.1