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Home My WebLink About2024-03 Relating to the Acquisition by Eminent Domain of PropertyRESOLUTION NO. 2024-03 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 hereto; and WHEREAS, the City Commission of Ocoee has caused the property described in Exhibit 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 , said acquisition being LA 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. THEREFORE, BE IT REOLVED BYTHE 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 . 2 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 lug day of �Qr� 2024. ATTEST: By: U �JV4 Name: Melanie Sibbitt Title: City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROV'E11D AS TO FORM AND LEGALITY THIS "DAY OF Ail 2024. FISHBACK DOMINCK Name: Rick Geller Title: City Attorney 3 ADOPTED: CITY OF OCOEE, FLORIDA By: Name: Rusty J ns Title: Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON �anuaYu Ile WIA UNDER AGENDA ITEM NO. 1'b EXHIBIT "A" PARCEL NO. 102 OWNER: Mahendra Setaram and Dinesh Setaram INTEREST: Fee Simple PARCEL102 LEGAL DESCRIPTION A PORTION OF THE SOUTH % OF LOT 49 AND THE EAST 10 FEET OF THE SOUTH % 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 %2 OF THE EAST 10.00 FEET OF SAID LOT 48, THENCE RUN NORTH 89012130" 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 40034'23" EAST, 9.54 FEET, THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39050,15" 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 43049'20" EAST, 42.45 FEET, THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33020'21" AN ARC DISTANCE OF 43.06 FEET TO A POINT LYING ON THE WEST RIGHT-OF-WAY LINE OF TAYLOR STREET; THENCE RUN SOUTH 00047'50" 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 44012120" WEST, 28.29 FEET, THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'20" AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH 89012'30" 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 PARCEL NO. 103 OWNER: The Church of God of Prophecy- at Ocoee INTEREST: Fee Simple PARCEL103 LEGAL DESCRIPTION A PORTION OF THE SOUTH'/z 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 00031'25" 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 40030'29" 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 89031158" 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) 5