HomeMy WebLinkAboutItem 10 Approval of Resolution Relating to the Acquisition by Eminent Domain
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: January 16, 2024
Item #: 10
Contact Name: Milen Womack Department Director: Stephen Krug
Contact Number: Ext. 6013 City Manager: Robert Frank
Subject: Approval of Resolution Relating to the Acquisition by Eminent Domain of
Property. (Public Works Director Krug)
Background Summary:
The City needs to acquire a portion of certain properties for the Taylor St. / Kissimmee Ave. Reconstruction
project identified in the Downtown Ocoee Master Plan. The small portions of the properties needed for right-of-
way acquisition are approximately 500 square feet and 400 square feet, respectively. Further information
regarding property valuations and negotiations is included in the attached Memorandum from Doty Solik Law.
Issue:
Should the Honorable Mayor and City Commissioners approve the City to exercise its power of eminent
domain if the negotiated acquisition is unsuccessful?
Recommendations:
Staff recommends that the Honorable Mayor and City Commissioners approve the attached Resolution
authorizing eminent domain and authorizing all necessary actions in order to proceed to acquire the properties
by quick take proceedings.
Attachments:
1. Memorandum December 2023
2. RESOLUTION
Financial Impacts:
The final financial impact is unknown at this time. The ultimate valuation of the acquired property will be
determined through the eminent domain process.
Type of Item: Consent
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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: December 20, 2023
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
Interest
Needed
Location
of
Property
Initial
Appraised
Value
Updated
Appraised
Value
102 Mahendra
Setaram
& Dinesh
Setaram
Fee
Simple
Title
234 Taylor
Street
$6,725.00 $7250.00
103 The Church
of God of
Prophecy –
Ocoee
Fee
Simple
Title
233
Franklin
Street
$3,550.00 $3,850.00
Dan DeRango initially appraised these properties in September 2022. Offers to purchase the properties
at a price of 10% over the Initial Appraised Value were made in September 2022. Discussions have been
ongoing but no negotiated agreements have been reached. Due to the passage of time Dan DeRango
updated his appraisals in September 2023. Negotiations with counsel for both property owners have
continued based on updated values but no 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
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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.
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 property by quick take
proceeding.
MDS/
attachments
cc: Robert Frank
Craig Shadrix
Steve Krug
Milen Womack
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RESOLUTION NO. 2024-______
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 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
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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 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:
PARCEL NO. 102
OWNER: Mahendra Setaram and Dinesh Setaram
INTEREST: Fee Simple
PARCEL NO. 103
OWNER: The Church of God of Prophecy, at Ocoee
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”.
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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 ___ day of ____________ 2024.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By:____________________ By:____________________
Name: Name:
Title: City Clerk Title:
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS ___ DAY OF _____________2024.
APPROVAL BY THE OCOEE CITY COMMISSION
By:_____________________ AT A MEETING HELD ON _________________,
Name: Rick Geller 2024 UNDER AGENDA ITEM NO. _______
Title: City Attorney
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EXHIBIT “A”
PARCEL NO. 102
OWNER: Mahendra Setaram and Dinesh Setaram
INTEREST: Fee Simple
PARCEL 102
LEGAL DESCRIPTION
A PORTION OF THE SOUTH ½ OF LOT 49 AND THE EAST 10 FEET OF THE SOUTH ½ OF LOT 48, SIMS
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE
126, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTH ½ OF THE EAST 10.00 FEET OF SAID
LOT 48, THENCE RUN NORTH 89°12’30” EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF W
FRANKLIN STREET A DISTANCE OF 53.88 FEET TO THE POINT OF BEGINNING; SAID POINT
ALSO LYING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.00 FEET, AND
A CHORD BEARING AND DISTANCE OF NORTH 40°34'23" EAST, 9.54 FEET, THENCE RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°50'15"
AN ARC DISTANCE OF 9.73 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 74.00 FEET, AND A CHORD BEARING AND DISTANCE
OF NORTH 43°49'20" EAST, 42.45 FEET, THENCE RUN NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 33°20'21" AN ARC DISTANCE OF 43.06 FEET
TO A POINT LYING ON THE WEST RIGHT-OF-WAY LINE OF TAYLOR STREET; THENCE RUN
SOUTH 00°47'50" EAST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 17.18 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00
FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 44°12'20" WEST, 28.29 FEET,
THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 90°00'20" AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE RUN
SOUTH 89°12’30” WEST A DISTANCE OF 16.12 FEE TO THE POINT OF BEGINNING.
CONTAINS 518 SQUARE FEET MORE OR LESS.
PROPERTY ADDRESS: 234 Taylor Street
Ocoee, FL 34761
OTHER INTERESTS: Orange County Tax Collector
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PARCEL NO. 103
OWNER: The Church of God of Prophecy- at Ocoee
INTEREST: Fee Simple
PARCEL 103
LEGAL DESCRIPTION
A PORTION OF THE SOUTH ½ OF LOTS 51 AND 52, 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 SOUTHWEST CORNER OF LOT 51, 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 NORTH 00°31'25" WEST ALONG THE
WEST LINE OF SAID LOT 51, A DISTANCE OF 21.57 FEET TO A POINT ON A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 90.00 FEET, AND CHORD BEARING AND DISTANCE
OF SOUTH 7012'48" EAST, 62.31 FEET; THENCE DEPARTING SAID WEST LINE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
40°30'29" AN ARC DISTANCE OF 63.63 FEET TO A POINT LYING ON 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); THENCE RUN SOUTH 89°31'58" WEST ALONG SAID RIGHT OF-WAY LINE A
DISTANCE OF 58.44 FEET TO THE POINT OF BEGINNING.
CONTAINS 398 SQUARE FEET
PROPERTY ADDRESS: 233 Franklin Street
Ocoee, FL 34761
OTHER INTERESTS: Orange County Tax Collector
Lighthouse Real Estate Consultants, Inc. (Easement set forth in Warranty
Deed dated August 6, 1991 and recorded in Official Records Book 4313,
Page 970, Public Records of Orange County, Florida)
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