HomeMy WebLinkAboutItem 04 Approval of Resolution Relating to the Acquisition by Eminent Domain of PropertyW,
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Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 17, 2019
Item # y
Reviewed By:
Contact Name: Mary Solik, Esq. Department Director:
Contact Number: 407.367.7868 City Manager:
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
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
For Clerk's Dept Use:
4 Consent Agenda
Public Hearing
Regular Agenda
LAW
DOTY
Mary Doty Solik, Esq.
121 S. Orange Ave., Ste. 1500
Orlando, FL 32801
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Mary Doty Solik, Special Counsel
DATE: August 29, 2019
RE: City of Ocoee Master Stormwater Pond Project
407-367-7868
msolik@dotysoliklaw.com
Based on the current project design the City needs to acquire the following additional property:
Parcel No.
Property Owner
Property Interest
Location of Property
Appraised Value
Needed
101
Thomas G. Zosel
Fee Simple Title
180 N. Cumberland
$145,000.00
John T. Zosel
Avenue
Cindy M. Zosel
102
Thomas G. Zosel
Fee Simple Title
30 Franklin Street
$190,000.00
John T. Zosel
Cindy M. Zosel
103
Thomas G. Zosel
Fee Simple Title
N. Cumberland
$179,000.00
John T. Zosel
Avenue
Cindy M. Zosel
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 Appraised Value. Discussions have been
ongoing but no negotiated agreements have been reached.
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.
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/mc
attachments
cc: Robert Frank
Craig Shadrix
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 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; 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
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. 101
OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel
INTEREST: Fee Simple
PARCEL NO. 102
OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel
INTEREST: Fee Simple
PARCEL NO. 103
OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel
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
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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
ATTEST:
By:
Name:
Title: City Clerk
(SEAL)
day of 2019.
ADOPTED:
CITY OF OCOEE, FLORIDA
By:
Name:
Title:
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS _ DAY OF 2019.
By:
Name: Scott Cookson
Title: City Attorney
APPROVAL BY THE OCOEE CITY COMMISSION
AT A MEETING HELD ON
2019 UNDER AGENDA ITEM NO.
3
FY141RIT "A"
PARCEL NO. 101
OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel
INTEREST: Fee Simple
PARCEL101
LEGAL DESCRIPTION
Lots 18 and 19, Block 2, Town of Ocoee, Plat Book "A," Page 100, of the Public Records of
Orange County, Florida.
Property Address: 180 N. Cumberland Avenue
Ocoee, FL 34761
OTHER INTERESTS: Orange County Tax Collector
4
EXHIBIT "A"
PARCEL NO. 102
OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel
INTEREST: Fee Simple
PARCEL 102
LEGAL DESCRIPTION
Lots 16 and 17, Block 2, Town of Ocoee, Plat Book "A", Page 100, of the Public Records of
Orange County, Florida.
Property Address: 30 Franklin Street
Ocoee, FL 34761
OTHER INTERESTS: Orange County Tax Collector
R
EXHIBIT "A"
PARCEL NO. 103
OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel
INTEREST: Fee Simple
PARCEL103
LEGAL DESCRIPTION
Lot 4, Block 2, Town of Ocoee, Plat Book "A," Page 100, of the Public Records of Orange County,
Florida.
Property Address: N. Cumberland Avenue
Ocoee, FL 34761
OTHER INTERESTS: Orange County Tax Collector
Zosel Property Acquisition
Parcel 101 , 102, and 103 Location Map
/ 1
W Franklin Street
— Parc 1102 Parcel 101
Parcel 103
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