HomeMy WebLinkAboutVII (E2) Resolution No. 2003-09, Acquisition by Eminent Domanin of Parcels 112, 713, 114, 117, 118, 119, and 121 Agenda 3-04-2003
Item VII E 2
FOLEY : LARDNER
ATTORNEYS AT LAW
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO, FLORIDA 328012386
P.0. BOX 2193
ORLANDO.FLORIDA 32802.2193
TELEPIIONE'.407.423.7656
EAGSIMI LC:40J 648.1743
WWW.FOLCLARDNER.COM
MEMORANDUM
GLIENT.MATTER NUMBER
020377.0MB
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Mary A. Doty. Assistant City Attorney Pie C1)
THROUGH: Paul E. Rosenthal, City Attorney
DATE: February 20, 2003
RE: Professional Parkway/Old Winter Garden Road Widening Project
Resolution No. 2003-09
Based on the final project design prepared by PEC, the City needs to acquire the following
properties:
PARCEL PROPERTY OWNER PROPERTY LOCATION OF APPRAISED
NO. INTEREST PROPERTY VALUE
NEEDED
112 West Orange Healthcare Fee Simple North side of Old S405,674.00
District Title Winter Garden
Road between
Blackwood and
Division
713 West Orange Healthcare Temporary North side of Old S2,611.00
District Construction Winter Garden
Easement Road between
Blackwood and
Division
FOLEY E LARONER
006.286605.1
FOLEY : LARDNER
114 West Orange Healthcare Fee Simple North side of Old $39,598.00
District Title Winter Garden
Road,just east of I
intersection with
Division Avenue
117 West Orange Healthcare Fee Simple North side of Old $18,050.00
District Title Winter Garden
Road,just west of
intersection with
Rowe Avenue
118 West Orange Healthcare Fee Simple North side of Old S41,250.00
District Title Winter Garden
Road,just cast of
Rowe Avenue
119 West Orange Healthcare Fee Simple North side of Old S20,339.00
District Title Winter Garden
Road west of
Hempel
121 West Orange Healthcare Fee Simple North side of Old $38,775.00
District Title Winter Garden
Road 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 an offer to purchase these interests at their
appraised value to HealthCentral. Discussions with HcalthCentral arc ongoing regarding the
conveyance of necessary right-of-way. While it is still possible to negotiate an agreement that
benefits the City, Orange County, and HealthCentral, it may be necessary to file a condemnation
action in order to keep the project schedule on track.
Attached is proposed Resolution No. 2003-09 which authorizes the filing of a condemnation
action. The adoption of this Resolution and the filing of a condemnation action arc 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 this
acquisition cannot be accomplished by March 31, 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
2
006 286605.1
FOLEY : LARDNER
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.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners:
Approve Resolution No. 2003-09, 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
006.286605.1
FOLEY : LARDNER
SCHEDULE "A"
PARCEL 112
PURPOSE: Rood Right-of-Way
A portion of Lots 2. 3. 4 and 6 through I 4, Westover Forms as recorded in Plat Book 0. Page 120 of
the Public Records of Orange County. Florida. lying in Section 28, Towship 22 South, Range 28 East
Being more particularly described as follows:
Beginning at the Intersection of the Northerly Right of Way line of Old Winter Garden Roca and the
Westerly Right of Way line of Division Avenue; thence along said Northerly Right of Way line the
following two courses; N752866W 1,164.83 feet. thence N]90006W, 67.53 feet to a point on the
Easterly Right al Way line of Blackwood Avenue, thence along said Easterly Right of Way line the
following three courses: N1017'497E 13.00 feet to a point an the arc of a non-tangent curve concave
northeasterly having a radius of 27.00 feet, a central angle of 7633'56 and a chord of 34,55 feet
that bears N3655'I676; thence northwesterly along the arc of said curve. 37.49 feet; thence
N0006'20-W. 28.70 feet; thence deporting said Right of Way line 541'401SE, 30.16 feet to a point on
the arc of a non-tangent curve concave southerly having a radius of 2.149.00 feet, a central angle of
070700' and a chord of 266.75 feet that bears S79'21'2D E; thence easterly along the arc of said
curve, 266.93 feel; thence 56625'457E. 50.69 feet to a point an a line being 50.00 feet northerly of
and parallel with aforesaid Northerly Right of Woy line; thence along said parallel line S75'28'08%.
889.53 feet; thence N52'22'15'E. 30.66 feet to a point on aforesaid Westerly Right of Way line; thence
along said Right of Woy line SOU 11.56-W. 76.60 feet to the POINT OF BEGINNING.
Containing 63.462 square feet or 1.46 acres. more or less.
1. e.onngs sheen hereon ore bowed on the North line of the Sootheert 1/4 of the Northen% 1/4 of Section 29. Township 22 South,
Rouge 2e foal es bf"g N9442.1 SE (hevmed),
1. I hereby certify Piet the 'Sketch e lch of Dcriptlon' oboe.*the properly le true and f
correct to the beet a y Knowledge
bw,el es recently e undunderyctohat
Floridaelte It the
ch atont/ord. sat forth by the Florid Soon. of
sM r aveye en e and Mepo p.euaa t. Stl on 4726T Dote CERI. Mo. LB2108 45727072Description 9/26/2002 cove == ;ion- ==,a,
Scale' f=;-,,e-•n-:.
FOR N°7 r�oPor nih%ffG,aw�
fro 45727072 1" 106 - nh e s E{. Lttn
Professional Engineering NEM
Consultants SOUTNLASTIRN SURVEYING & MAPPING CORP.
CH. 6len-6, home, .am�mN.nm 324 North Orlmdo Avenue
code rwdo that o 1.901 aenriplcn Maitland, Florida 32151
awing Dery the nota0on that (40 049-8898 taz(407)647-I0e9
email IS NOT A SURVEY. InmRecutJ�[peEe urn cam
SHEET 1 OF 3 AR? IC1( J
SEE SHEET 2 & 3 FOR SKETCH RECIST4ea ups almeeyae No. alb
4
006.286605.1
FOLEY : LARDNER
LLl (A) (B)
D R=27.00 L=37.49' R-2149.00 L=266.92'
Z 6—79'33'51" a=7'07'00"
W CB-N3755'16'W CB=579'21'27"E
o CCORD-34.55' CHORD-266.75'
Q m
t_. N
00 5 41-40'15" E 30.16'
N E 1/4, N E 1/4
O0 SECTION
Oa N S E C T I O N 2 6
$ i .H¢�"�
Y 8 °
oglWESTOVER FARMS
5 z .r s PUT BOOK 0. PACE 120
G 7 BLOCK B
CO LOT , 5 66'SO.69' E A
(A) (8
LOTe i LOT •
N 10'17'49" E 1
®HT OF WAY S 7S2e'O6'
13.00' •u E 689.53,
N 7600'05" W OLD W/lV r't4 'sza'0: At :
67 53' RICH O GAgp 4 ROAD
ANORflMIINS
RARA RSNI Of N.1Y
RpU5
E--Crvct
CH-CHORD BEARING
•-CEMO,/ANGLE 1' 100'
Droww9 No. •5727072 GRAPHIC SCALE
Job No 45727
Oct.. >/2e/3D02 =e.9 0 50 100 200
See SI,nt 17 for LAO D..=,V4on
5
006.286605.1
FOLEY : LARDNER
' SKETCH OF DESCRIPTION
PARCEL Ill
5 E 1/4, N E 1/4
6 SECTION 29
4-1
rm ulna winu.E Dann Rs tuna w LTICS PRIMO
PMc .
0 20-2 v-a -.ut� v -,10
WESTOVER FARMS
PUT BOOK 0, PAGE 120
BLOCK B
EON 3
tor6 M
a LOT IC LOT 11 Ni 5222'15ir E a 2
S S 7 LOT 1: I 30.66' d > 3
5'ZB'pg' E 889. I Ivr Is �� Q
0
N �S,2 REv Rico?or N. ® wT I. 3 C9
OLD W ij6f83 'IGM OF WAY Nb O K
WRNM Teo
GqR 8
War VARIES ROAD o >
0
POINT OF BEGINNING
IdBNGVMigxS. •••• •__ii'A.
VW. RCM Of MAY i'i '3 `: : F,
•
R-RADI M - 'Lf'I—n./.'fir:
% AiiirIR'sl L1t'ha_�[a
CB-CH CLARK / a a a a \a
•aCENT0.LL M G U
I' -100' SOUTHEASTBBN BvmnRIG BIPPRIC CORP.
334 North Orlando C� No. 45727072 GRAPHIC SCALE u . Ronda ssi
TOMIC
d q .lUm, &E-4102
Job No 45721 (40f)-E7-08110 1..(407)4149-LM7
O w.: a/2B/3 [e.g 0 50 100 200 [mw1 Cart N�aaamnme2try.em
Sarq ] N ]
6
006 286605.1
FOLEY : LARDNER
PARCEL 713 TEMPORARY CONSTRUCTION EASEMENT
4LECAL DESCRIPTION:
A portion of Lot 3. Westover Farms as recorded in Plot Book 0, Page 120 of the Public Records of Orange
County. Florida. lying in Section 29, Township 22 South, Range 28 East.
Being more particulorly described as follows'.
Commencing at the intersection of the Northerly Right of Way line of Old Winter Gorden Road and the
Westerly Right of Way lone of Division Avenue: thence NO(7I I'WE along said Westerly Right of Way line
26.60 feet; thence deporting said Right of Way line S5222'151W, 30.67 feet to a point or, a line being
5000 feet northerly of and parallel with aforesaid Northerly Right of Way line; thence N25128'09'1V along
said poranel line 537.97 feet to the POINT Of BEGINNING. thence continue N7528106"W along said line,
48 81 feet: thence NI4131'52TE, 31 75 feet; thence 525'26'013%, 48.31 feet; thence S14131152"W, 31.75 lest
to the POINT OF BEGINNING.
Containing 1.550 square feet or 0.04 ocres, more or less.
l
h
W
e
oO Section b29.nTownshipw n21 South.aRangee e28 oEast,eOrange County.t Florida,l being:N8g4215C4
(Assumed).
Dale: 43]27I]4
Legal Description April 22, 2002 MR ------'-L -
iir r— rrU
FOR Job
45727174 1 - 20 • xi-e7y _ice ma5�
Professional Engineering "
Consultants 5ou111FAsTFPN SURVEYWJ I YAPPING CORP.
CH 61017-I, Florian Adrninanoint 324 North Odense Avenue
wireOJ MS canal e n Maitland. Florida 32751-N01
ns ad be hi onoal:anstria IO 407) B47-5800 CERT. 110. 2,Oe
Cods THIS IS NOT A SURVEY.p1i e({It Inloe keay. au'rny
csabk
Sheet t of 2 ivav tARY .o wnnn eo.4245
7
006.286605A
FOLEY1LARDNER
•
SKETCH OF DESCRIPTION
W
n
z
W s E 1/4, N E 1/4
Q 3 SECTION 29
IA_
0 .en Noma afoot.'Nina manai•Rs — vans-o-a •ma
0 L
K 4 RUAwnr
T W ESTOVER FARMS
SENOI
8 i SOT s LOT v PLAT BOOK 0,B PAGE 120
BLOCK0 m S 75'28'08' E w
N 14'31'5Y E 48.81' LOT 10 Z)
31.75' }
a) Si S 14'31'5 ' W a W a
633067' i ' O
4
03,
N 75'28'08' W OLD wPna,. `� 0 _
48.81' WANT R� Gfr NAW„ ® a(n g
POINT OF BEGINNING gi
maki O' 4, VRDEAI�p gn Q
RiesY 'c0,4D I
POINT OF COMMENCEMENT
ataM,IlNc:
N/W- RIGHT OF WAY aalia\
la-RADIUS fit,g= <• e
L-uNm1N 1 ... ..
e-O Ro BEARING % ^ n`--•i j`, ��`
.e IYL Naar asoau a t
1" =100• SOU1HFASTEnN SURVEYING k WRING CORP.
UmnVN No. 43727174 GRAPHIC SCALE 324 Moth Planck, AnvA
45727 SO MOW. Florida ]27]I-4702
K'.'No 2 o 72' 2CO2 0 50 100 200 (407) 647-aaae 10.: (407) 647-1607
8
006.286605.1
FOLEY : LARDNER
•
•
PARCEL 114 RIGHT OF WAY
LEGAL DESCRIPTION'
A portion of Lots 30 through 32, Block 12, PARK RIDGE as recorded In Plat Hook 0, Page 100 of the
Public Records of Orange County. Honda
Being more particularly described as follows
Beginning at the Intersection of Ole easterly right of way line of Division Avenue and the Southwesterly
corner of said Lot 32; thence NOIT 11'56"E along said easterly right of way tine 76.00 lest; thence leaving
said right of way line
e 53T38'05'E a distance of 39.49 feet to a point on a line being 5000 feel northerly
of and porollel with the northerly right of way lint of Old Winter Garden Rood; thence S7518'08 E along
said parallel line 9IJ1 feet to a part on the emterly line of said Lot 30. thence SI4'31'52"W along said
lot iine 50.00 feet to a point on the said northerly right of way line of Old Winter Garden Road; thence
M518'09 W along said right of way line 109.39 feet to the POINT Of BEGINNING.
Containing 6,092 square feet or 0.14 acres. more or less.
NOTE The bearings shown hereon ore based on the North line of the SW I/a of the NW 1/4
of Section 29, Township 22 South. Range 28 East. Orange County. Florida, being N99'42'15 E
(Assumed).
owe 457270/2
Legal Description April 22. 2002 CS ;'�1 n. l-r
� ;FOR No Rex
as9z20az I l" - 40 w AEL'aA�'_
Prolessiona I Engineering . . . . .
Consultants sooln(ASTFRN sL ItmNG It MAPPING CORP.
CN. 61617-6. Flanclp AO 324 norm Glands Menca
Cade re iegei a Melbnd. Florida 3DS1..O02
alms hint anoduo xoo� (407) 647-6591 RN. NO. 1821GS
THIS IS NOT A SURVEY.aI {w,+a n�fo�6.ypt; •p.sWwrnyCot=
SHEET 1 01 Z FLO zlaw')^1m[7IC 1.Kx.r ~,KY
9
006.286605.1
FOLEYCLARDNER
SKETCH OF DESCRIPTION
`~_` JgNE
�� STREET
LDT I
LOT 2
LOT 3
5 -
Z 4T Z BLOC4 12
W PARK RIDGE
PLAT 5DOX 0. PAGE 100
411C.....
ry r W .(T. REST ORANGEICALDWS. e+L
V PARCEL0 NO.
I o I6-n-26-66T-v-010
LCe [Q `110 b LINE PARALLEL
fo DO NOT ER r o.
_ �P .D F L}` ANC +¢vla WIN TP[xNORTs[RL. o
b
10. 0.p LINE
e r.
W $7y2g,G� a
Z to
,� 97,}�, LOT ze.
O LOT >e &3
POINT OF LOT J1
z
7.1 BEGINNING ® LOT nD SN
0 N' RIGHT OF WAY NI
I °I" � G;z»�s2e o: W o y
,II; /L6t coo 9.391 Sr LOVS¢RL. CORNER
N ER GA wJV.N<Hl�, Of LOT 30
ltly
619. RDEN ROAD
RAN -ABBRERRIas NCR; --. .:
RAN - Or WAY f�T, ,.: CBI.
_-..64.
GRAPHrc SCALE -�r�4 L{k_l.���t
o.n-.p No 451I7042 0 20 40 00 SOO1HCAST3E01 S4 AUTE • MAPPING WPP.
h Orlando Annuo
on1.No April 2002 CS 6azlR5iaM. nabo ]]AI-6J02
( MPo low (407) 6Q-156)
m..tzwr
S.. Shed 1 Io Lpd 0.1=1muo'
10
006.286605.1
FOLEY : LARDNER
e PARCEL Ill R0HT Or WAS
LEGAL DESCRIPTION'
A portion of Lots 18 and I9. Black 12, PARK RIDGE as recorded in Plot Book D. Page 100 of
the Public Records of Oronqe County, Elorld°
Being more particularly descriaed as 10lows
Beginning at the southeasterly corner
of said Lot 18. sod point being on the northerly right of
way en of Old Winter Garden Rood: thence N7528'06'W olong said right of woy line 50.00 feet
to the southwesterly corner line said Lot 19, thence leaving said right of way li a N1!3I'S3 E
along the westerly lone of said Lot 19 o distance of 5000 feet to a point on ne being 50.00
eet northerly of and parallel with surd right Cl way line. thence 51.328'08EE along said parallel
line 50.00 feet to a point on the easterly line of said Lot 18, thence 3143652-W along sod lot
lone 50.0D feet to the POINT Of BEGINNING
Containing 2,500 sauore heel or 006 acres. more or less.
NOTE'. The beonngs shown h e bosed on the North line of the 5W 1/4 of the NW 1/4
of Section 29, Township 22 South, Range 28 East. Orange County, Florida, being N0942'I S'C
(Assumed).
hot, 45II7039
Legal Description April 22. 2002 cs
Fiii.l,-i: -
FOR � cal
45727039 I" 9(1' • 2 r')e-4,„
Professional Engineering Consultants SOUTNU51ERN 5UR( tia te NAP
PING CORP.:
a'-0r]-6. r 324 North Qdcnin riwnue
a eTr that Iese p1on Yad4i0. flvm 32951-4702
gaS eV) 69-6696 CERT. O L82 108Is Net A SURVEY. 4elheilemeNN
SHEET
1 Of 2 ,^(ED o$i ,1 raw .o 41fo
II
006.286605.1
FOLEY : LARDNER
•
SKETCH OF DESCRIPTION
P R NC.° RID E
T
LOT SO Tin GRmY &
muxtw GoNI
>MREL ID NO. LOT II
6_I]-]6-6MG-t2-1
1111\
WESTERLY LINE or Lot 19 Llxf SOOP MM,MPV
`S�Se2gro� P/ PARALLEL *TV
Eu 5p:�
*OW
h O LOT t9 LOL I� EpSt[PV UN[ Or LO1 tp
~ RIGHT WAY 8h
MO4r 2 swTHWmERLY EOME'.O-
NEA(vMGwr r TOT 19
w * Y
Opp "'S'ze O w `\CAp "�
WINTER `POINT OF BEGINNING
SOUTHEASTERLY
L. L6 L01 16
PAY -DEN
GRAPHIC SCALE
r.—
D 20 40 80
ABBREVIATIONS NI R/W _ -Or WAY f;i?;(` -rrc?r.7,
7 a'
SOUTHEASTERN SINMTNC. k WPP C CORP.
O.el.1e Na 45727039 324 NNIt Orlando .9r4eoI
Jpb No
Ef)P Maitland. Florida 32751-4702
Dole A0I 22. 2002 CS (407) 647-5590 lec (407) 647-1667
Sheet 1 al
Le 511eet ' It. LMOA Veropeaa
12
006.286605.1
FOLEY : LARDNER
• PARCEL 116 RIGHT OF WAY
LEGAL DESCRIPTION:
A portion of Lots 12 through 17, Black 12. PARE RIDGE as recorded in Plat Boo. 0, Page 100 of the
Public Records of Orange County. for do
Seine more parbcolady desrrieed as follows:
Beginning at a the Southwesterly corner of said Lot 17, thence NI4'31'52"E along the westerly line of
said Lot DI a distance of 50.00 feet to a point an a line bang 50.00 feet northerly of and parallel with
the northerly right of way line of Old Winter Garden Rood; thence 575428'08"r along said parallel line
160.00 feet to o paint on the westerly right of way line of Rowe Avenue. thence S14''31'52•W along said
right of woy line 50.00 feet to the southeasterly corner of said lot 12 also being a point on the
nartnerly right of way line of oforesoid Old Winter Garden Road: thence N25'28293"W along said right of
way line 150.00 feet to the POINT OF BEGINNING.
Oonta ing 7,500 sauore feel or 0.17 acres, more or less.
NOTE: The bearings shown hereon are based on the North line of the SW 1/4 of lne NW 1/4
of Section 29. Township 22 South. Range 28 East. Orange County. Florida, being N89'42'15'6
(Assumed).
9316
Legal Description Pete: 03 Apra 22, 2002 Cs• CA1--riaE; ar t-y__71A
A•
FOR JOea SCOW45727038 w 40'
Professional Engineering a` � ]tii_lus
S„-snots
at
Consultants SOUTHEASTERN 511R/EYI N: a ...WPM CORP.
a1Q17-6. rhtrttlo Mm.niNteIN 3N salt"i Oceans Avenue
wao� n uoiteee. Sadao 32151-AM2
oee'tawui.e that ne mien tnel (407) enl-BStf CERT. Melee
c eTMS IS eNOT A tSURVEY.r e 4 iae gy(naeye.. rycam
SHEET 1 OF 2 notreCD LnO n•5'4,. •z..
13
006.286605.1
FOLEY : LARDNER
. SKETCH OF DESCRIPTION
LOT 9
/
LOT 10
I
Lan I
WEST OPAVCC HEALTHCARE ��jl
•
PARCEL 0 No. ge-nJ]e-eeea-11- 30 T
I
&Loc. 2LGr Ie R A R K R I O GCE % 3
P�T oWx O P.G( IROa /.ANONE PARALLELLEwin TK ORTHERLY ,S
1y R/W LIKE OF 0.1) WNRR CA Dt« ROA
h.
!ng CT 1 S�s2B•pgrE 150 00• 1 @e
*� Oi 16 r LOT 'S f
L �7 I LOT V 7 3 . '
RIGHT OF '/.'AY I TOT I] 8 ry
POINT OF N75.2 r ,) °I n e 14.) m
BEGINNING M0R'«ER0. •0: K• H
SOUTHWESTERLY CO 4ER OE LOT 11 Rw1/2l Oo wT) p,M. r' O
WW
ULD 11,p"H I C re
GEIsR APB SOUTHUSTERLY COMER Or LOT 12
R/µ. p EN ROAD
,01.1.4\
.ReBRen.TONS: °-,
Or WAY % ern; "---
,:..;..-..4.(A'eiti
GRAPHIC SCALE SOUTHEASTERN SUW 1TC & MAPPING CORP.
Omwo No .51]lO.f9 I 324 Rath Orlando Aran
Job . 45127 0 20 40 eQ Maitland. Rdldo 32111-4102
pq. .w. 22. mo] cs (407) aP-seas or 007) a0-'ser
STolet 2 shot for Legel O..crolan
14
006286605.1
FOLEY : LARDNER
•
PARCEL 119 RIGHT OF WAY
LEGAL DESCRIPTION.
A portion o1 Lots 22 through 29, Block II, PARK RIDGE us recorded in Plat Book O. Page 100 of the
Public Records of Orange County. Florida
Being more particularly described os follows.
Beginning at o the Intersection of the easterly right of way line of Rowe Avenue and the northerly right
of way tine of Old Winter Gorden Road, being the southwesterly corner of said Lot 29: thence N14'31'52TE
along said easterly right of way line 50.00 I set to a point on a line being 50.00 feet northerly of and
parallel with said northerly right of way line: thence leaving said right of way line 575'28'08TE along said
parallel line 73.97 feet to o point on the easterly line of said Lot 27: thence 514'31'52"W along said lot
line 50.00 feet lc the southeasterly corner of said Lot 27. being on the of
resg] fod rth noro therly
right
ht POINTci way
OF
of Old Winter Gorden Rood: thence N75'28'08-W along said right of way line
BEGINNING.
Containing 3.598 square feet or 0 08 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, Ronge 28 East, Orange County. Florida, being NO9'42'I5 E
(Assumed)
.5U'043
Legal Description April 22. 2002 CS 47-774; :7. ,,
POR 4e.: !Seale �..14:_.-eansn
Professional Engineering ce 45T29043 1" 40' �a.i;g;fl_Js wa
Consultants SOUTHEASTERN sUMYING a WPPISC COOP.
CoH. 610,7-6. Florida Wim 324 NMn plena, bvwe
e. ,. Monona. Flair. 32751-4702
erasinyhe a ^ eam a:seer op smoten wat (40» 60-6696 CERT. o. 1B210e
THIS 9 Is NOT A SURVEY. .}iiNl. 'ntOdli h.
SHEET t OF 2 9 .
15
006.286605.1
FOLEY1LARDNER
•
SKETCH OF DESCRIPTION
✓ANE
/ ET
if 10, ,
ti LOT 2
LOT
Y
G SCSI OTTRO HEALTHCARE pS11 CT
e
L PEL i0 R0. 283128669-,1-010
Cr BLOCK
PARK :ElIDGE
PLAT BOOK 0. PAGE ,00
LOT )9
�O LOT }e k
3 LOT 27
} DEil0 "wORTELDE
O ) $J$28'08.F ARO PwttET NORTHERLY
A. iR Ne oL0 . ER RDCN wow
Q s 73.97. g
p 3
P , R X
w RIGHT Of 8P I- . 40.
= Or) GRAPHIC SCALE
POINT OF N7 73.97' 'O4 a-- --20 40 80
BEGINNING 5.28.0: w H S00rmL.1S,LN1. CORNER Of LOT n
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SIERLY
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16
006.286605.1
FOLEY : LARDNER
•
PARCEL 121 RIGHT OF WAY
LEGAL DESCRIPTION:
A portion of Lots 22 through 26. Block 11, PARR RIDGE as recorded in Plot °Dolt D, Page 100
of the Public Records of Orange County. Florida
Seing more particularly described as follows.
Beginning at he intersection of the northerly right of way line of Old Winter Gorden Rood and
the Southwesterly corner of sold Lot 26; thence NI4'31'52'E along the westerly line of sold Lot 26
a distance of 50,00 feet to a point on a line being 50.00 feet northerly of and parallel with the
aforesaid right of way line; thence 525'284oeE along said parallel line 141.00 feel to a point on
the easterly line of said Lot 22 thence 514 31'52'W along said lot line 50.00 feet to a point on
the aforesaid right of way line; thence N75'2ECC8 W along sold line 141.00 feet to the
POINT OF BEGINNING.
Containing 7.050 square feet or 0.16 aces, more or less.
NOTE'. The bearings shown hereon ore based on the North line of the SW 1/4 of the NW 1/4
of Section 29. Township 22 South, Range 28 East, Orange County. Florida. being N89'42'15 E
(Assumed).
En
Legal Description Dote.
1':April 22. 2002 CS
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17
006.286605.1
FOLEY : LARDNER
•
SKETCH OF DESCRIPTION
8 WEST ORANGE HEALTHCARE 01$TRIC II
W PARCEL Iy NO, 28..22-28-6689-111.220
PARK P R K�N j1R I/b G E
.N PLAT thorn( o. PACE 00 o I
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$ 141.00. I 1
h• LOT 26 ; LOT 211
3
2 I ®I T * /
I RIGHT Di WAY
, LOT 25 ( /
POINT OF Jo, ' LOT 24 / T LOT u
SBOEGGNINNIINNOCORNER OF LOT IS N75.28•0e. I LOT zs / ///
OLDW 141.00. a,014F 4Tt Y CORNER OF LOT 22
INTER NDR,HERL,
An/GARDEN ROAD
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3side kat
Job N . 41717 Se uae.BN4 60.111m 32151-4702
S heet• Ioril 0123. 2002 CS (407) 647-9096 10. (407) 647-1547
2S.. 51NN 1 for Sego Description
18
006 286605.1
RESOLUTION NO. 2003- 09
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
006.286578.1
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
006.286578 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. 112
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Title
PARCEL NO. 713
OWNER: West Orange Healthcare District
INTEREST: Temporary Construction Easement
PARCEL NO. 114
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Title
PARCEL NO. 117
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Title
PARCEL NO. 118
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Title
PARCEL NO. 119
OWNER: West Orange Iealthcare District
INTEREST: Fee Simple Interest
PARCEL NO. 121
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Interest
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 a temporary construction
006 286578.1
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 THE OCOEE CITY
COMMISSION AT A MEETING HELD
By: ON , 2003 UNDER
Name: Paul E. Rosenthal AGENDA ITEM NO.
Title: City Attorney
4
005.286578.1
EXHIBIT "A"
PARCEL NO. 112
OWNER: West Orange Ilealthcare District
INTEREST: Fee Simple Title
PARCEL 112
LEGAL DESCRIPTION
A portion of Lots 2, 3, 4 and 6 through 14, Westover Farms as recorded in Plat Book 0, Page 120 of the Public
Records of Orange County, Florida, lying in Section 28, Township 22 South, Range 28 East
Being more particularly described as follows:
Beginning at the intersection of the Northerly Right of Way line of Old Winter Garden Road and the Westerly
Right of Way line of Division Avenue: thence along said Northerly Right of Way line the following two courses;
N75°28'08"W 1,164.83 feet; thence N79°00'05"W, 67.53 feet to a point on the Easterly Right of Way line of
Blackwood Avenue; thence along said Easterly Right of Way line the following three courses; Nl0°17'49"E
13.00 feet to a point on the arc of a non-tangent curve concave northeasterly having a radius of 27.00 feet, a
central angle of 79°33'51" and a chord of 34.55 feet that bears N39°55'16"W; thence northwesterly along the arc
of said curve, 37.49 feet; thence N00°08'20"W, 28.70 feet; thence departing said Right of Way line
S41°40'15"E, 30.16 feet to a point on the arc of a non-tangent curve concave southerly having a radius of
2,149.00 feet, a central angle of 07°07'00" and a chord of 266.75 feet that bears S79°21'27"E; thence easterly
along the arc of said curve, 266.93 feet; thence S66°25'46"E, 50.69 feet to a point on a line being 50.00 feet
northerly of and parallel with aforesaid Northerly Right of Way line; thence along said parallel line S75°28'0S"E,
889.53 feet; thence N52°22'15"E, 30.66 feet to a point on aforesaid Westerly Right of Way line; thence along
said Right of Way line S00°11'56"W, 76.60 feet to the POINT OF BEGINNING.
Containing 63,462 square feet or 1.46 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 1 of 7
006.286578.1
EXHIBIT "A"
PARCEL NO. 713
OWNER: West Orange Healthcare District
INTEREST: Temporary Construction Easement
PARCEL 713
LEGAL DESCRIPTION
A portion of Lot 3, Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange
County, Florida, lying in Section 29, Township 22 South, Range 28 East,
Being more particularly described as follows:
Commencing at the intersection of the Northerly Right of Way line of Old Winter Garden Road and the Westerly
Right of Way line of Division Avenue; thence NOO°I I'56"E along said Westerly Right of Way line 76.60 feet;
thence departing said Right of Way line S52°22'15"W, 30.67 feet to a point on a line being 50.00 feet northerly
of and parallel with aforesaid Northerly Right of Way line; thence N75°28'08"W along said parallel line 537.97
feet to the POINT OF BEGINNING; thence continue N75°28'08"W along said line, 48.81 feet; thence
N14°31'52"E, 31.75 feet; thence S75°28'08"E, 48.81 feet; thence S14°31'52"W, 31.75 feet to the POINT OF
BEGINNING.
Containing 1,550 square feet or 0.04 acres, more or less.
OTHER INTERESTS: None
Page 2 of 7
006.286578.1
EXHIBIT "A"
PARCEL NO. 114
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Title
PARCEL 114
LEGAL DESCRIPTION
A portion of Lots 30 through 32, 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 intersection of the easterly right of way line of Division Avenue and the Southwesterly corner of
said Lot 32; thence NOO°11'56"E along said easterly right of way line 76.60 feet; thence leaving said right of way
line S37°38'05"E a distance of 39.49 feet to a point on a line being 50.00 feet northerly of and parallel with the
northerly right of way line of Old Winter Garden Road; thence S75°28'08"E along said parallel line 97.17 feet to
a point on the easterly line of said Lot 30; thence S 14°31'52"W along said lot line 50.00 feet to a point on the
said northerly right of way line of Old Winter Garden Road; thence N75'28'08"W along said right of way line
109.39 feet to the POINT OF BEGINNING.
Containing 6,092 square feet or 0.14 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 3 of 7
006.286578.1
EXHIBIT "A"
PARCEL NO. 117
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Interest
PARCEL 117
LEGAL DESCRIPTION
A portion of Lots 18 and 19, 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 18, 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 50.00 feet to the southwesterly corner of
said Lot 19; thence leaving said right of way line N14°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
875°28'08"E along said parallel line 50.00 feet to a point on the easterly line of said Lot 18; 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 7
006 286578.1
EXHIBIT "A"
PARCEL NO. 118
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Title
PARCEL 118
LEGAL DESCRIPTION
A portion of Lots 12 through 17, 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 a the Southwesterly corner of said Lot 17; thence N14°31'52"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 the northerly right
of way line of Old Winter Garden Road; thence S75°28'08"E along said parallel line 150.00 feet to a point on the
westerly right of way line of Rowe Avenue; thence S14°31'52"W along said right of way line 50.00 feet to the
southeasterly corner of said Lot 12 also being a point on the northerly right of way line of aforesaid Old Winter
Garden Road; thence N75°28'0S"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 5 of 7
006.286578.1
EXHIBIT "A"
PARCEL NO. 119
OWNER: West Orange healthcare District
INTEREST: Fee Simple Title
PARCEL 119
LEGAL DESCRIPTION
A portion of Lots 27 through 29, Block II, 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 a the intersection of the easterly right of way line of Rowe Avenue and the northerly right of way
tine of Old Winter Garden Road, being the southwesterly corner of said Lot 29; thence NI4°31'52"E along said
easterly right of way line 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with said
northerly right of way line; thence leaving said right of way line 575°28'08"E along said parallel line 73.97 feet
to a point on the easterly line of said Lot 27: thence 514°31'52"W along said lot line 50.00 feet to the
southeasterly corner of said Lot 27, being on the aforesaid northerly right of way of Old Winter Garden Road;
thence N75°28'08"W along said right of way line 73.97 feet to the POINT OF BEGINNING.
Containing 3,698 square feet or 0.08 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 6 of 7
006.286578.1
EXHIBIT "A"
PARCEL NO. 121
OWNER: West Orange Healthcare District
INTEREST: Fee Simple Title
PARCEL 121
LEGAL DESCRIPTION
A portion of Lots 22 through 26, Block I I, PARK RIDGE as recorded in Plat Book O. 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 26; thence N 14°31'52"E along the westerly line of said Lot 26
a distance of 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with the
aforesaid right of way line; thence S75°28'08"E along said parallel line 141.00 feet to a point on
the easterly line of said Lot 22; thence 514°31'52"W along said lot line 50.00 feet to a point on
the aforesaid right of way line; thence N75°28'08"W along said line 141.00 feet to the
POINT OF BEGINNING.
Containing 7.050 square feet or 0.16 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 7 of 7
006.286578.1