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HomeMy WebLinkAboutResolution 96-23 RESOLUTXOH HO. 96-23 A RESOLUTXOH OF THE CXTY OF OCOEE, FLORXDA, RELATXHG TO THE ACgUXSXTXOH BY EKXHEBT DOMAXH OF PROPERTY, XHCLUDXHG BUT HOT LXMXTED TO FEE TXTLE AND EASEKEBT XBTERESTS, LOCATBD GBBERALLY WXTHXH THB STORY ROAD/GBBEVA STRBBT AND KXSSXMHEB AVBBUB/MAGUXRB ROAD XBTBRSBCTXOHS AND ALOHG MAGUXRB ROAD; PROVXDXHG FOR SEVBRABXLXTY; PROVXDXHG AN EFFBCTXVE 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 lands described in Exhibit "A" attached hereto and incorporated hereby by reference; and WHBREAS, the City Commission of the City of Ocoee finds a public need and necessity exists to acquire the lands and other interests described in Bxhibit "A" hereto for public street/road and drainage purposes, said street/road and drainage purposes including, but not being limited to, the acquisition of (1) right- of-way; and (2) one-year temporary construction easements for the purpose of performing upon said easement areas such activities as may be reasonably necessary in connection with the design, engineering, construction and development of the story Road/Geneva street and Kissimmee Avenue/Maguire Road Intersections Improvement 1 Project ("the Project"), removing all improvements, trees and shrubbery, if any, located thereon, and tying in and harmonizing said easement area and improvements located therein wi th the Project; and WHEREAS, the City commission of the city of Ocoee finds that the acquisition of the said lands and various interests therein are necessary for public safety and stormwater management, and that the acquisition of the said lands and various interests therein otherwise to be in the public interests of the municipality and the people thereof; and WHEREAS, the interests to be acquired, fee simple title and temporary construction easements 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 (1995): and WHEREAS, the city commission of the city of Ocoee finds it is necessary for public street/road purposes and stormwater management that the city acquire a fee simple interest and temporary construction easements on, over, across and under the property identified and described in the attached Exhibit "A", said acquisition being for street/road and drainage purposes, including, but not limited to, the acquisition of (1) right-of-way; and (2) one-year temporary construction easements for the purpose of 2 performing upon said easement areas such activities as are reasonably necessary in connection with the design, engineering, construction and development of the Project, removing all improvements, trees and shrubbery, if any, located thereon, and tying in and harmonizing said easement areas and improvements located therein with the Project; 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 an 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 COKKISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 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: 3 PARCEL NO. 102 OWNER: Kenneth R. Wingate, Bonny L. Wingate, Donald A. Wingate, and Carole P. wingate INTEREST: Fee Simple PARCEL NO. 706 OWNER: Rimas Holdings, Inc. INTEREST: Temporary Construction Easement PARCEL NO. 708 OWNER: Rimas HOldings, Inc. INTEREST: Temporary Construction Easement PARCEL NO. 709 OWNER: W.J. Milner & Company of Florida, Inc. 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 fee simple absolute title 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 an 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. 4 section 4 . That this Resolution shall become effective immediately upon adoption. PASSED AHD ADOPTED this~tt day of ,/ff/ 'ltts T ADOPTED: 1996. CITY OF OCOEE, FLORIDA By: S5:.zr ~ Name: S. Scot Vane grift Title: Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVll.D AS TO FOtf.,~ ~r LEGALITY THIS ~ DAY OF Vi . 1996. ::~:p;J~E~ Name: Paul E. Rosenthal Title: City Attorney APPROVED BY THE COMM~SION AT A ON 1/ Gus r OlD AGENDA ITEM NO. OCOEE CITY MEETING HELD , 1996 UNDER VI f 5 EXHIBIT A PARCEL NO. 102 OWNER: Kenneth R. Wingate, Bonny L. Wingate, Donald A. Wingate, and Carole P. Wingate INTEREST: Fee Simple PARCEL 102 A PARCEL OF LAND LOCATED IN SECTION 19. TOWNSHIP 22 SOUTH. RANGE 20 EAST DEING A PORTION OF LOT 18, TOWN OF OCOEE. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT DOOK -A-, PAGES 100 AND 101 OF THE PUDUC RECORDS OF ORANGe COUNTY, FLORIDA AND BEING DESCRIDED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER QF THE NORTHEAST QUARTER OF SAID SECTION 19 FOR A POINT OF REFERENCE: THENCE RUN NORTH 01006'02- EAST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 30.96 FEET: THENCE RUN SOUTH 8005J'SO- EAST, 50.00 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT.OF-WAY LINE OF GENEVA STREET WITH THE EAST RIGHT.QF-WAY LINE OF KISSIMMEE AVENUE SAID POINT OF INTERSECTION BEING THE POINT OF DEGINNING: THENCE' RUN NORTH 01006'02- EAST, ALONG SAID EAST RIGHT.OF.WAY LINE, 29.16 FEET: THENCE RUN SOUTH 45032'00- EAST, 35.74 FEET: THENCE RUN SOUTH 84034'05- EAST, 43.54 FEET TO A POINT LYING ON THE AFORESAID NORTH RIGHT.OF. WAY LINE OF GENEVA STREET: THENCE RUN NORTH 89059'55- WEST, ALONG SAID NORTH RIGHT.OF-WA Y LINE, 69.41 FEET TO THE POINT OF DEGINNING. THE ADOVE DESCRIBED PARCEL OF LAND Lies IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA AND CONTAINS 522 SQUARE FEET, MORE OR LESS. 1 of .. PARCEL NO. 706 OWNER: Rimas Holdings, Inc. INTEREST: Temporary Construction Easement PARCEL 706 THAT PORTION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 22 SOUTH, RANGE 20 EAST, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3561, PAGE 1247 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19 FOR A POINT OF REFERENCE; THENCE RUN SOUTH 01013'01. WEST, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1012.23 FEET; THENCE RUN SOUTH 08046'59" EAST, 192.06 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT.OF-WAY LINE OF MAGUIRE ROAD EXTENSION; THENCE RUN NORTH 24000'30. EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 6.76 FEET; THENCE RUN SOUTH 65051'30" EAST, ALONG SAID SOUTHERLY RIGHT.OF-WAY LINE, 121.54 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 65051'30" EAST, 53.27 FEET; THENCE RUN SOUTH 46014'49" WEST, 14.08 FEET; THENCE RUN NORTH 64050'32" WEST, 21.19 FEET; THENCE RUN NORTH 62053'19" WEST, 25.42 FEET; THENCE RUN NORTH 17009'45" EAST, 11.49 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA AND CONTAINS 622 SQUARE FEET, MORE OR LESS. 2 of .. PARCEL NO. 708 OWNER: Rimas Holdings, Inc. INTEREST: Temporary Construction Easement PARCEL 708 THAT PORTION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS DESCRIBED IN OFFICIAL RECORDS BOOK 3581, PAGE 1247, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19 FOR A POINT OF REFERENCE; THENCE RUN SOUTH 01013'01" WEST, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1012.23 FEET; THENCE RUN SOUTH 88046'59" EAST, 192.08 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD EXTENSION; THENCE RUN NORTH 24008'30" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 8.76 FEET; THENCE RUN SOUTH 65051'30' EAST, ALONG SAID SOUTHERLY RIGHT-OF.WAY LINE, 6.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 65051'30" EAST, ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE, 37.01 FEET; THENCE RUN SOUTH 34006'31" WEST, 10.06 FEET; THENCE RUN NORTH 65007'59" WEST, 35.10 FEET; THENCE RUN NORTH 23007'10" EAST, 9.47 FEET TO THE POINT OfT BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA AND CONTAINS 350 SQUARE FEET, MORE OR LESS. 3 of 4 PARCEL NO. 709 OWNER: W.J. Milner & Company of Florida, Inc. INTEREST: Temporary Construction Easement !>AACEL 709 A PARCEL OF LAND LOCATED IN SECTION 1!), TOWNSHIP 22 SOUTH, RANGE 20 EAST DEING DESCRIBED AS FOUOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST OUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19 FOR A POINT OF REFERENCE: THENCE RUN SOUTH 01 -'3'0 ,- WEST, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER Of THE SOUTHEAST OUARTER, A DISTANCE Of 1001.04 fEET; THENCE RUN SOUTH SS-46'S9- EAST, 340,20 FEET TO A POINT LYING ON THE NORTHERLY RIGHT.Of.WAY LINE OF MAGUIRE. ROAD EXTENSION, SAID POINT DEING THE POINT Of DEGlNNING: THENCE RUN NORTH 25-00'or EAST, 10,71 FEET; THENCE RUN SOUTH 72-27'44- EAST, 60,69 FEET; THENCE RUN SOUTH 05-31'29- EAST, 20.24 FEET TO A POINT LYING ON THE AFORESAID NORTHERLY RIGHT-Of-WAY LINE; THENCE RUN NORTH 65-52'40- WEST, ALONG. SAID NORTHERLY RIGHT-Of.WAY LINE, 49,31 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG SAID NORTHERLY RIGHT.OF-WAY LINE AND SAID CURVE, HAVING A RADIUS LENGTH OF 490,87 fEET, A CENTRAL ANGLE Of 02-28'19-, AN ARC LENGTH Of 21,10 FEET, A CHORD LENGTH Of 21.18 fEET, AND A CHORD BEARING Of NORTH 66.06'08- WEST TO THE POINT Of BEGINNING. THE ABOVE DESCRIBED PARCEL Of LAND LIES IN THE CITY Of OCOEE, ORANGE COUNTY, FLORIDA AND CONTAINS 942 SOUARE fEET, MORE OR LESS, C:\WP51\DOCS\MAD\OCOE'I2RESOLU.23 181161961 SECY I MAD:d& .. of ..