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HomeMy WebLinkAboutResolution 97-08 RESOLUTION NO. 97-08 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO FEE TITLE, LOCATED AT 370 ENTERPRISE STREET; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City commission of the City of Ocoee desires to relocate the city's Public Works Facility to meet the current and future needs 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, the property and its associated improvements described in Exhibit "A" attached hereto and incorporated herein by reference for the purpose of relocating and expanding the City's Public Works Facility; and WHEREAS, the City commission of the City of Ocoee finds that the acquisi tion of the said land is necessary for the provision of public works within Ocoee, and that the acquisition of the said land therein otherwise to be in the public interest of the municipality and the people thereof; and WHEREAS, the interest to be acquired, fee simple title is more particularly described in Exhibit "A" hereto; and WHEREAS, the City commission of the city of Ocoee has directed the property described in Exhibit "A" hereto to be surveyed and will locate its line of taking in accordance with section 73.021(6), Florida statutes (1996); 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 any 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: section 1. That the acquisition, by eminent domain, of the interest indicated in the following parcel for the purpose 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 description of said parcel being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof: OWNER: BLANCHE E. LOGAN, as Trustee of the Logan Family Trust INTEREST: FEE SIMPLE BE IT FURTHER RESOLVED that the appropriate officers, employees and attorneys of the City of Ocoee are authorized to 2 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 Exhibi t "A", the specif ic interest to be acquired therein being further set forth above and in the attached Exhibit "A." . ID ~ PASSED AND ADOPTED th1s ~ day of August 1997. APPROVED: CITY OF OCOEE, FLORIDA (S.EAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROj1D AS TO FORM AND LEGALITY this day of August 1997. FOLEY ~ Uf-DN~ By: [fw ( City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON AUGUST I~ , 1997 UNDER AGENDA ITEM NO. lLUi. 3 EXHIBIT A OWNER: BLANCHE E. LOGAN, as Trustee of the Logan Family Trust INTEREST: FEE SIMPLE LEGAL DESCRIPTION LOT K, WEST ORANGE INDUSTRIAL PARK UNIT TWO, according to the plat thereof as recorded in Plat Book 5, Pages 84 and 85, Public Records of Orange County, Florida OTHER INTERESTS: All interests required under section 73.021(4), Florida Statutes. C:\WP51 \OOCS\MAD\OCOEE\OI~WOOD.RES 18113197118ED03IMAD:dr 4