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HomeMy WebLinkAboutItem 04 Approval of Resolution to Acquire Certain Property for the City of Ocoee Taylor & Franklin Streets IntersectionMeeting Date: November 1, 2022 Item # Contact Name: Mary Solik, Esq. Contact Number: 407.367.7868 Reviewed By: Department Director: City Manager: Background Summary: The City needs to acquire certain property for the City of Ocoee Taylor & Franklin Streets Intersection Improvement 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 'Y) Public Hearing Ordinance First Reading Ordinance Second Reading x Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk u.� -;:.. , 0 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: October 26,2022 RE: City of Ocoee Taylor& Franklin Streets Intersection Improvement Project Based on the current project design the City needs to acquire the following property: Parcel No. Property Owner Property Location of Appraised Value Interest Property Needed 101 Lighthouse Real Fee Simple Title 229 Franklin Street $299,750.00 Estate Consultants, Inc. Dan DeRango appraised this property at the value set forth in the chart above.We have sent an offer to purchase this property at a price of 10%over the Initial Appraised Value ($329,725.00). 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 take 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 property transfers to the City. The property owner, however, is 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 property is determined to be. 1 It is respectfully recommended that the Mayor and City Commissioners: 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 property by quick take proceeding. M DS/aw attachments cc: Robert Frank Craig Shadrix Steve Krug Milen Womack WHEREAS, the City Commission of the City of Ocoee desires to serve the transportation and utilities 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 Taylor and Franklin Streets Intersection Improvement Project (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 Project, 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 Project 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 Taylor and Franklin Streets Intersection Improvement Project; and 1 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. �. • r: • • I I• • • • •• r 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: Lighthouse Real Estate Consultants, Inc. 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 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. 2022. 2 Name: Title: City Clerk ADOPTED: CITY OF OCOEE, FLORIDA Bv' '�-- Name: Title: FOR USE AND RELIANCE ONLY BYTHE CITY OFOCOEEFLORIDA APPROVED ASTOFORM AND LEGALITY THIS DAY OF 2022. By: Name: Scott Cookson Title: City Attorney APPROVAL BYTHE O[OEECITY COMMISSION ATAMEETING HELD ON 2O32UNDER AGENDA ITEM NO. 3 PARCEL NO. 101 OWNER: Lighthouse Real Estate Consultants, Inc. INTEREST: Fee Simple SEE ATTACHED PROPERTY ADDRESS: 229FnanIdinStneet Ocoee, FL3476l OTHER INTERESTS: Orange County Tax Collector Allen and Patricia Bond 121 Sketch and Description: THIS IS NOT A SURVEY -•. ED 0 • A PORTION OF THE SOUTH 1/2 OF LOT 50, B.M. SIMS SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 50, B.M. SIMS SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA: THENCE RUN SOUTH 89'31'58" WEST ALONG THE NORTH RIGHT—OF—WAY LINE OF W FRANKLIN STREET (A 60 FOOT WIDE RIGHT—OF—WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION NO. 75230, DATED 3/08/07) A DISTANCE OF 55.02 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 45'29'44" WEST, 28.27 FEET, THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'56'37" AN ARC DISTANCE OF 31.40 FEET TO A POINT TANGENCY; THENCE DEPARTING SAID CURVE RUN NORTH 00'31'25" WEST ALONG THE EAST RIGHT OF WAY LINE OF TAYLOR STREET (A 60 FOOT WIDE RIGHT—OF—WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION NO. 75230, DATED 3/08/07) A DISTANCE OF 85.18 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTH 1/2 OF SAID LOT 50; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE RUN NORTH 89'33'31" EAST ALONG SAID NORTH LINE A DISTANCE OF 6.36 FEET; THENCE DEPARTING SAID NORTH LINE RUN SOUTH 10'46'10" EAST A DISTANCE OF 5.66 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 63.87 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 35'59'37" EAST, 53.74 FEET, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49'45'37" AND AN ARC DISTANCE OF 55.47 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 77.63 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 49'20'00" EAST, 31.06 FEET, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23'04'52" AND AN ARC DISTANCE OF 31.27 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 90.00 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 43'52'38" EAST, 19.05 FEET, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'09'04" AND AN ARC DISTANCE OF 19.09 FEET TO A POINT ON THE WEST LINE OF SAID LOT 50; THENCE RUN SOUTH 00'31'25" EAST ALONG THE SAID WEST LINE OF SAID LOT 50 A DISTANCE OF 21.57 FEET TO THE POINT OF BEGINNING. CONTAINS 4,361 SQUARE FEET OR 0.10 ACRE MORE OR LESS (A) - ACTUAL A AAPPPROX - APPROXIMATE (D) AVG - AVERAGE (BE) (8B) - BEARING BASIS DEPT BLDG - BUILDING - BENCH MARK (8M ELEV OC) - CH DuTED OM EESMIT CO - CHORD BEARING CCR / - CERTIFIED CORNER FOOT RECORD NUMBER CA - CENTERLINE FF CM - CONCRETE MONUMENT FIND CONC - CONCRETE FP&L COR - CORNER (G) Abbreviation Legend: - DELTA - DEED GOUT - GOVERNMENT PC - DEED EXCEPTION IP IR - IRON PIPE - IRON ROD PCC - DEPARTMENT IR&C - IRON REBAR & CAP POP - DRAINAGE AND UTILITY L - ARC LENGTH PG EASEMENT LB - LICENSED BUSINESS NUMBER PGS - ELEVATION (M� - MEASURED PI - EDGE OF PAVEMENT N & D - NAIL AND DISK POO ^ EASEMENT NR - NON -RADIAL Poo - FLORIDA DEPARTMENT OF NSI - NO SURVEYOR IDENTIFICATION POL TRANSPORTATION NT - NON -TANGENT PRC - FINISH FLOOR OR - OFFICIAL RECORDS - FOUND ORB - OFFICIAL RECORDS BOOK PRM - FLORIDA POWER AND LIGHT (P) - PLAT - CRID (STATE PLANE) PB - PLAT ODOK PT FS - FLORIDA STATUTE FEC Surveyor's Notes: 1. COPIES OF THIS SKETCH AND DESCRIPTION ARE NOT VAUD YATHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. - POINT OF CURVATURE R28E - RANGE 28 EAST - POINT OF COMPOUND R - RADIUS CURVATURE RAO - RADIAL - PERMANENT CONTROL POINT REC - RECOVERED - PAGE REV - REVISION - PAGES RP - RAOUS POINT - POINT OF INTERSECTION R/W - RIGHT-OF-WAY - POINT OF BEGINNING SEC 18 - SECTION 18 - POINT OF COMMENCEMENT 8o - SQUARE - POINT ON LINE SO FT - SQUARE FEET - POINT OF REVERSE TB - TANGENT BEARING CURVATURE T22S - TOWNSHIP 22 SOUTH - PERMANENT REFERENCE (TYP) - TYPICAL MONUMENT UE - UTILITY EASEMENT - POINT OF TANGENCY W/ - FLORIDA EAST COAST RAILWAY _ WITH Surveyor's Certification: 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR I hereby certify that the attached "Sketch and PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. Description" of the hereon —described property is true and 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE UNE BETWEEN THE TWO STATE PLANE CONTROL POINTS Correct to the best of my knowledge, information and LISTED IN NOTE 16 BELOW AS BEING S 18'20'56- E. belief as prepared under my direction on June 3, 2022. 1 4. THE 'LEGAL DESCRIPTION' HEREON WAS PREPARED BY SURVEYOR PER CLIENT REQUEST AND further certify that this "Sketch and Description" meets BASED ON THE TITLE SEARCH REPORT PREPARED BY AMERICAN GOVERNMENT SERVICES the standards of practice Set forth in Rule Chapter CORPORATION 'ASGC SEARCH/ 28577-2', EFFECTIVE DATE MAY 10, 2017 AT 8:00 A.M.. 5J-17 of the Florida Administrative Code, pursuant to FS S. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION 472.027. FURNISHED TO THE SURVEYOR, No FIELD SURVEY WAS PERFORMED TO DEFINE OWNERSHIP. 6. STATE PLANE INFORMATION SHOWN HEREON IS BASED ON THE NORTH AMERICAN DATUM Or 1983 (1990) USING CONTROL POINTS FROM THE THE NGS DATA SHEETS PUBLISHED AT WWW,LABINS.ORG AND ARE AS FOLLOWS: For the Firm By __________________ Y a DESIGNATION 'AK7261', - N 1523095.74 FEET, E 495497.86 FEET b; DESIGNATION 'AK7149% a N 1571170.99 FEET, E 479553.12 FEET —_--------' Randall L. Roberts, PSM Professional Surveyor and Mapper Florida Registration No. 3144 TITLE BLOCK ABBREVIATIONS Eno. =ENGINEERING L.D.- LICENSED BUSINESS CER71FICATE OF AUTHORIZATION Arch. -ARCHITECTURAL NOT VALID WITHOUT Date: 6/3/2022 Job No. 06012.3 nC.O.A.- Lad,tp.- LANDSCAPE NIA -NOT APPLICABLE Lit. -LICENSED No. -NUMBER P.O.-POSTOFFICE I) -COPYRIGHT SHEETS 1 AND 2 OF 2. DraWll by: JTF Scale: N/A File: 06012.3.502.DWG Fuii Service A & E Firm CITY OF OCOEE Sheet 229 W FRANKLIN ST 500 West Fulton Street SECTION Sanford, FL 32771 18-TOWNSHIP 22 SOUTH -RANGE 28 EAST ORANGE COUNTY, FLORIDA Ph: 407.322.6841 SKETCH AND DESCRIPTION www.cphcorp.com ©2022 1 of 2 ACQUISITION Sketch and Description: THIS IS NOT A SURVEY 15 0 16 30 Scale: 1" = 30' w w V) Z 0: O 52 ` Irre^^• In ~ �J v/ i N O O z N ® W 0. G = w 00 CTt 00 0 = 89056'37" R = 20.00' C = 28.27' L = 31.40' CB = N 4502944" W LOT 50 I LOT 51 B.M. SIMS B.M. SIMS PB F. PG 126 PB F, PG 126 PARCEL NO. 18-22-28-8064-00-501 PARCEL NO, 18-22-28-8064-00-511 OWNER: GALVAN ADRIAN OWNER: JOSEPH JEAN W, ADDRESS: 238 LEE ST, GABRIEL ADELINE OCOEE, FL 34761 ADDRESS: 236 LEE ST, N 89033'31" E OCOEE, FL 34761 6.36' N LINE OF THE S 1/2 OF LOT 50 `\ S 10°46'10" E `PC 5.66' S 1/2 OF LOT 50 B.M. SIMS PS F, PG 126 N (1 PARCEL NO. 18-22-28- o 7 8064-00-502 -� OWNER: UGHTHOUSE REAL ESTATE o p S 1/2 OF LOT Si CONSULTANTS INC w' ADDRESS: 229 FRANKLIN ST, Z \ B.M. SIMS OCOEE, FL 34761-2659 J PB F. PG 126 PRC OWNER: CHURCH OF GOD OF PROPHECY C PARCEL ID:18-22-28-8064-00-512 ADDRESS: 233 FRANKLIN ST, OCOEE, FL NO SALES LISTED PRC CONTAINS 4,361 SO FT OR 0.10 ACREf R/W ACQUISITION �� PT S 00031'25" E 21.57' POB PC ACQUISITION SE CDR OF LOT 50 S 89031'58" W 55.02' — — N R/W LINE OF W FRANKLIN STREET IN FRANKLIN ST (60' R/W PER B.M. SIMS, PB F, PG 126, & FOOT R/W MAP SECTION, NO. 75230, STATE ROAD NO. 438, DATED 3/8/07) CURVE TABLE CURVE DELTA LENGTH RADIUS CHORD CHORD BEARING Cl 49'45'37" 55.47' 63.87 53.74' S 35'59'37" E C2 23'04'52" 31.27' 77.63' 31.06' S 49'20'00" E C3 12'09'04" 19.09' 90.00' 19.05' S 43'52'38' E TITLE BLOCK ABBREVIATIONS Eno. =ENGINEERING L.B.= LICENSED BUSINESS C.O.A.= CERTIFICATE OF AUTHORIZATION Arch=ARCHITECTURAL Date: 6/3/2022 Job NO. 06012.3 L-ds p, • LANDSCAPE NIA • NOT APPLICABLE Lic. -LICENSED NOT VALID WITHOUT No.=NUMBER P.O.=POSTOFFICE tD=COPYRIGHT SHEETS 1 AND 2 OF 2. Drawn by: JTF Scale: 1"=3U' FIIe:06012.3-502.DWG VA Service A Firm CITY OF OCOEE Sheet 229 W FRANKLIN ST 00 West Fulton Street SECTION 18-TOWNSHIP 22 SOUTH -RANGE 28 EAST Sanford, FL 32771 ORANGE COUNTY, FLORIDA Ph: 407.322,6841SKETCH AND DESCRIPTION v.cphcorp@ 2022 ACQUISITION 2 of 2