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Home My WebLink AboutItem 04 Approval of Resolution Relating to the Acquisition by Eminent Domain of Property ocoee florida AGENDA ITEM COVER SHEET Meeting Date: August 20, 2019 Item # Reviewed By: Contact Name: Mary Solik, Esq. Department Director: , Contact Number: 407.367.7868 City Manager: 44 /fj7f Subject: Approval of Resolution Relating to the Acquisition by Eminent Domain of Property Background Summary: The City needs to acquire certain property for the City of Ocoee Master Stormwater Pond Project. Issue: The City may need to exercise its power of eminent domain in the event negotiated acquisition is unsuccessful. Recommendations Approve attached Resolution authorizing eminent domain. Attachments: Memorandum and Resolution. Financial Impact: Unknown at this time. Type of Item: (please mark with an x) Public Hearing For Clerk's Dept Use: Ordinance First Reading icConsent Agenda Ordinance Second Reading Public Hearing x Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk DCTY 4, S IK LA Mary Doty Solik, Esq. 407-367-7868 121 S. Orange Ave.,Ste. 1500 msolik@dotysoliklaw.com Orlando, FL 32801 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary Doty Solik,Special Counsel DATE: July 31,2019 RE: City of Ocoee Master Stormwater Pond Project Based on the current project design the City needs to acquire the following property: Parcel No. Property Owner Property Location of Initial Updated Interest Property Appraised Value Needed Value 104 Charles M.Anasis Fee Simple Title 10 Franklin Street $128,000.00 $160,000.00 105 Richard D. and Jane Fee Simple Title 127 N. $123,000.00 $132,000.00 Aycock Cumberland Ave Bledsoe & Ebaugh appraised these properties at the values set forth in the chart above. We have sent offers to purchase these properties at a price of 10% over the Initial Appraised Value. Discussions have been ongoing but no negotiated agreements have been reached. In anticipation of filing an eminent domain action I have directed Bledsoe & Ebaugh to update their opinions of value. The initial appraisals are over a year old and Florida law requires that we proceed to eminent domain with more current opinions of value. The updated values are set forth above. Attached is a proposed Resolution which authorizes the filing of a condemnation action and to proceed to acquire the necessary properties by a quick taking proceeding. 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 properties 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 that public projects are not delayed but imposes the risk on the public body of what the ultimate valuation of the acquired properties is determined to be. 1 RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners: 1. Approve the attached Resolution, authorizing execution thereof by the Mayor and City Clerk, and further authorizing all necessary actions in order to proceed to acquire the properties by quick take proceeding. MDS/kh attachments cc: Robert Frank Craig Shad rix 2 RESOLUTION NO. 2019- RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO FEE TITLE, LOCATED WITHIN THE CITY OF OCOEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to serve the City facilities needs for 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 land described in Exhibit "A" hereto for the construction of the Master Stormwater Pond as part of the Downtown Ocoee Master Plan (the "Project"); and WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said land is necessary for the construction of the Master Stormwater Pond, and that the acquisition of said land therein otherwise to be in the public interest of the municipality and the people thereof; and WHEREAS, the interest 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; and WHEREAS, the City Commission of the City of Ocoee finds it necessary for the construction of the Master Stormwater Pond that the City acquire a fee simple interest in the 1 property identified and described in the attached Exhibit "A", said acquisition being for the construction of the Master Stormwater Pond; 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 REOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. That the acquisition, by eminent domain, of the interest indicated in the following parcel 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 parcel being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof: PARCEL NO. 104 PARCEL NO. 105 OWNER: Charles M. Anasis OWNER: Richard D. and Jane Aycock INTEREST: Fee Simple INTEREST: Fee Simple Section 2. That the appropriate officers, employees and attorneys for 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 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 2 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 2019. ADOPTED: ATTEST: CITY OF OCOEE, FLORIDA By: By: Name: Name: Title: City Clerk Title: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2019. APPROVAL BY THE OCOEE CITY COMMISSION By: ATA MEETING HELD ON , Name: Scott Cookson 2019 UNDER AGENDA ITEM NO. Title: City Attorney 3 EXHIBIT"A" PARCEL NO. 104 OWNER: Charles M. Anasis INTEREST: Fee Simple PARCEL 104 LEGAL DESCRIPTION Lot 21 and The West 30 feet of Lot 22 (Less the South 30 feet of Lot 22), Block 2, Town of Ocoee, according to the map or plat thereof, as recorded in Plat Book A, Page(s) 100 and 101, of the Public Records of Orange County, Florida. Property Address: 10 Franklin St. Ocoee, FL 34761 Orange County Tax ID. No: 17-22-28-6144-02-210 OTHER INTERESTS: Orange County Tax Collector Bank of America Page 1 of 2 4 EXHIBIT"A" PARCEL NO. 105 OWNER: Richard D. and Jane Aycock INTEREST: Fee Simple PARCEL 105 LEGAL DESCRIPTION Beginning at the SW Corner of Lot 5, Run North 198 Feet for Point of Beginning, Thence East 237 Feet, Thence South 74 Feet, Thence West 92 Feet, Thence South 59 Feet, Thence West 145 Feet, Thence North 133 Feet to Point of Beginning, being in Block 2 Town of OCOEE, according to the Plat thereof as recorded in Plat Book A, page 100 of the Public Records of Orange County, Florida. Property Address: 127 N. Cumberland Ave. Ocoee, FL 34761 Orange County Tax ID. No: 17-22-28-6144-02-057 OTHER INTERESTS: Orange County Tax Collector Page 2of2 5