HomeMy WebLinkAbout2019-014 Acquisition by Eminent Domain of Property - Zosel RESOLUTION NO. 2019-014
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
2
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 17 day of —50i-ember 2019.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By: 4
By:
Name: Melanie Sibbitt Name: Rust • • son
Title: City Clerk Title: Mayor
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS 117'4DAY OF ��`�j� 2019.
APPROVAL BY THE OCOEE CITY COMMISSION
By: ATA MEETING HELD ONMito /7,
Name: Sc.t • n 2019 UNDER AGENDA ITEM NO. q
Title: Cit A ttorney
3
EXHIBIT"A"
PARCEL NO. 101
OWNER: Thomas G. Zosel;John T. Zosel; and Cindy M. Zosel
INTEREST: Fee Simple
PARCEL 101
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
5
EXHIBIT"A"
PARCEL NO. 103
OWNER: Thomas G. Zosel;John T. Zosel; and Cindy M. Zosel
INTEREST: Fee Simple
PARCEL 103
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
fA
6
1