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Home My WebLink AboutVII (E3) Resolution No. 2003-10, Acquisition by Eminent Domain of Parcels 602 and 706 Agenda 3-04-2003 Item VII E 3 FOLEY : LARDNER ATTORNEYS AT LAW ]11 NORTH ORANGE AVENUE. SUITE 1800 ORANDO, FLORIDA 32801 2386 P.O. BOX 2193 ORLANDO, FLORIDA 328022193 TELEPHONE:40I 423.7656 FACSIMILE 407.648.1743 WWW.FOLEY LA R DN ER.CoM MEMORANDUM CLILN -MPI ILR NUMBER 020377.0547 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: February 24, 2003 RE: Professional Parkway/Old Winter Garden Road Widening Project Resolution No. 2003-10 Based on the final project design prepared by PEC, the City needs to acquire the following properties: PARCEL NO. PROPERTY PROPERTY i LOCATION OF APPRAISED OWNER i INTEREST I PROPERTY VALUE NEEDED 602 1555 Boren, LLC Sidewalk North side of S304.00 Easement Professional Parkway east of Boren St. 706 1555 Boren, LLC Temporary North side of S3,417.00 Construction Professional Easement Parkway cast of Boren St. Sketches of these parcels are attached. FOLEY 8 LARDNER 006.286695.1 FOLEY7LARDNER 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 owner identified, who is represented by counsel. It is still possible to negotiate a voluntary sale/acquisition of the necessary interests, however, in the event a voluntary sale cannot he negotiated, it will then be necessary to acquire these interests by filing a condemnation action. Attached is proposed Resolution No. 2003-10 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 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. 2003-10, 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 2 006.2868951 FOLEYCLARDNER rAPccy Soy a_.n rat yIl°fl(jSL tlewalk t..Kr. .�t A portion of Lot 1.3 west Orange Commercial Center, as recorded in Ptat Book 25. Page 87 of the Pubiic Records of Orange County. Ronda. Being more particularly described as follows: Begin at the Southwest corner of said Lot 13. also being the intersection of the North Rig& of Way line of Professional Parkway and the Emu Right of Way line of Boren Drive, thence NOO'IT08'W I D.OD feet olong scud East Right of Way line and the West line of said Lot 13, thence departing said East Right of Way line S15'I7'1 CE. 11.11 feet to a point on outh line of said lot 13: thence 589'12'15'W along said lines 10.00 feet to the POINT OF BEGINNING Containing 50 square feet, more or Tess. SRFAORRS ,or1s rea n.. .no a ew cr Lasae an -m in= a in_ rr �� r.e M1ry + n `ecLm 29. n.p 22 `o th. Ro�nv 20 oI. o . .... n u „-h I ca _vha a *e Lon on r at """age Description ` - EM e' `Se' Febrm l3 20U3 a j'es..er.n ,� F.!( fON ".noR,t 1 - ED. �>�ai;ir7 PI l - ' toluri IIn3iuc( iota • T \i+ Con-.nil nlliv _ Nal THAANTLA4 I - s ueftmv coee. flifil North Orlando Maitland. Florida '129511 r t107)047 118111 I 1107)647 161f9 THIS I5 NOT A SURVEY. email infuRamiy� t atwur. eor • ART 1 RIIX ry NO 4r` ilL n _i ri.. nntll M krokarrn Ud srevry D oe so 24r.4C 3 000286895.1 FOLEY : LARDNER J, WEST ORANGE COMMERCIAL CENTER 'tAT noon 25. q.N 5T N E 1/4 N W 1/4 SECTIONN 29-22-28 wT ,3 � I " It a, WARREN NUSY.FP 11.1 PARCEL ID NO. 28-22-28-9158-00-130 Ct CO0 a ' t_, 1 , fk W$M a - =h5tA1EN{ S45'17'14"E N00'17'08'W 14.14' .;TIN LINE, La' 13 10.00. NpRSH RICH! JI WAY L24E S89'42'15"W 10.00' PROFESSIONAL PARKWAY POINT OF 60.00' RIGHT OF WAY BEGINNING ;rn rr,WFs mvNEH of '3 II j/ 1111% Y . . li ,ON; 1.t' VI I, V,AI( anp _ m luq loin 4 006.286895.1 FOLEY : LARDNER A wrtryn or Lot . Wool (Hinge iut Center, ,., retwOed .n Hot 9oOL Li. r e7 of the note Pero tas at Orange County. rorjdo ., d reit,e parcrcthft deutobed ns tollowt. at the Sour/met( c of scJ Lot '3 oNd O al ) Cerny Ihn inlet se th tTyWetc toot of e CommenceM1l nl cog Ino of Pro lcssonut Po w and V Fe stetl qhy n' of way lac a, Horan :Dave; the ae N119'42'I5c, 10.00 feet among said North right O. way fine to he V(INT OF HI-GINNING; thence depot-tutu sod -GM of *a, I'm Nab I! 14'W, le la feet to the 'heti li Sold Lot t.3 to u trout! on c e being ID CO test North of aM tunuao w r It.e anrtl North r of way line ltl e N69 n11 ho L d fliNos leer t g s I parr Ire, I.4ncc a t gsold e low n snid North ICI Oe fret In Ie eih N ado ry of nay I(;. '1 a 58942 'S W, 175.25 leer nlnno snC NPN y OI way lino to Itc PGM 01 :11GiNfllHi;- _cat.,ning 1_SO2 squat leer awwe O ass. I Beo roof, _ ur o e S . ,.ono . .1 or ow r...,.�t, 4 a Sector _9 rn w, m 22 so tr. t Ira vcy r e "Li IN;s,e ""'''' to e,r' 47? . e e. Description ppl Oil /1y \ Professional Engineering - Cat tut II S uuf nPN tl fnn YArrlvf. CORP 324 north Oltondo A ?Ono LInrtlnna Elm Ida :12751 110 1[4>-MOB 1 x(4(407)047-1BOi .THIS IS N OTA :URVFY rt1 inttit71 tet't lorr`ylnv lout l onkl I. A ' ,11:C.LSTElif7.1 lain SURVEYOR NO 420 5 006.286895.1 FOLEY : LARDNER WEST ORANGE COMMERCIAL CENTER N L 1/4 N W 1 /4 C T 0 N 29._22 28 Q LOT Ii IDC3 q0 W� PARCEL ID NO. 28-22-28 9158-00-130 0 mo SOO 17'45E N89'4215E 185.25' 4Y17'14 W 14.iM1 - 589'42'15Wt 175-25' ' irn POINT OF POINT OF BEGINNING COMMENCEMENT PROFESSIONAL PARKWAY N89'42'15"E 60.00' RIGHT OF WAY 10.00 YAP C 7It4 irn+ 6 906.289895.1 RESOLUTION NO. 2003-10 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO SIDEWALK 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 sidewalk 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 006.256629.1 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 sidewalk 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: 2 006.286629.1 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. 602 OWNER: 1555 Boren, LLC INTEREST: Sidewalk Easement PARCEL NO. 706 OWNER: 1555 Boren, LLC 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 sidewalk and temporary construction easements 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. 006.286629.1 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 4 006 206629 1 EXHIBIT "A" PARCEL NO. 602 OWNER: 1555 Boren, LLC INTEREST: Sidewalk Easement PARCEL 602 LEGAL DESCRIPTION A portion of Lot 13 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 Southwest corner of said Lot 13, also being the intersection of the North Right of Way line of Professional Parkway and the East Right of Way line of Boren Drive; thence N00°17108"W 10.00 feet along said East Right of Way line and the West line of said Lot 13; thence departing said East Right of Way line S45°17'14"E, 14.14 feet to a point on south line of said Lot 13; thence S89°42'15"W along said lines 10.00 feet to the POINT OF BEGINNING. Containing 50 square feet, more or less OTHER INTERESTS: SouthTrust Bank of Orlando SunTrust Bank Page 1 of 2 006.286629.1 EXHIBIT "A" PARCEL NO. 706 OWNER: 1555 Boren, LLC INTEREST: Temporary Construction Easement PARCEL 706 LEGAL DESCRIPTION A portion of Lot 13 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 Southwest corner of said Lot 13 said point also being the intersection of the North right of way line of Professional Parkway and the Easterly right of way line of Boren Drive; thence N89°42'I5"E, 10.00 feet along said North right of way line to the POINT OF BEGINNING; thence departing said right of way line N45°17'14"W, 14.14 feet to the West line of said Lot 13 to a point on a line being 10.00 feet North of and parallel with the said North right of way line; thence N89°42'15"E, 185.25 feet along said parallel line; thence departing said line SOO°17'45"E, 10.00 feet to the said North right of way line; thence S89°42'15"W, 175.25 feet along said North right of way line to the POINT OF BEGINNING. Containing 1,802 square feet more or less. OTHER INTERESTS: None Page 2 of 2 006.286629.1