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Home My WebLink AboutItem #18 Ocoee Pines: Authorization to Approve Resolution and Authorize Condemnation : FOLEY AGENDA ITEM COVER SHEET Meeting Date: November 6, 2007 Item # If( Contact Name: Contact Number: Mary Solik 407 -423-7656 Reviewed By: Department Director: City Manager: g;it/ -- Subject: Oeoee Pi,..: Authorization to approve Resolution and authorize condemnation. Background Summary: Annexation Agreement requires that the City pursue condemnation of two small enclaves, at property owner's expense. Issue: Resolution needs to be approved before condemnation proceedings can begin. Recommendations Approve Resolution. Attachments: Memorandum dated October 26, 2007 from Foley & Lardner LLP Financial Impact: None Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading ~ Resolution o Commission Approval o Discussion & Direction For Cler1<'s Deaf Use: o Consent Agenda o Public Hearing o Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. o o o Reviewed by Assistant City Manager LA_609372.1 : FOLEY ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FL 32801-2386 P. O. BOX 2193 ORLANDO, FL 32802-2193 407.423.7656 407.648.1743 WVVVV.FOLEY.COM FOLEY & LARDNER LLP 407.244.3259 MEMORANDUM CLIENT-MATTER NUMBER 020377.0843 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary Doty Solik, Assistant City Attorney THROUGH: Paul R. Rosenthal, City Attorney DATE: October 26, 2007 RE: Ocoee Pines: Condemnation Resolution Pursuant to the Annexation Agreement entered into between the City of Ocoee and Ocoee Golf, LLC on November 7, 2006, the City agreed to commence eminent domain proceedings to acquire two small parcels of land located within the Ocoee Pines subdivision. Pursuant to the Annexation Agreement, Ocoee Golf, LLC is responsible for all costs and expenses of the condemnation, including the value of the properties. Offer letters have been sent to the property owners. It is anticipated, however, that there will be no response to the offer letters and no opportunity to acquire the properties through a voluntary transaction. Accordingly, attached is a Resolution authorizing an eminent domain suit. RECOMMENDATION It is recommended that the Mayor and City Commissioners approve the attached Resolution and authorize the City Attorney to proceed with condemnation. MDS:jlc ORLA_609372.1 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO FEE TITLE, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to serve the traffic and recreational 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, 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 lands described in Exhibit "A" hereto for public street/road and recreational purposes (The "Project"); and WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said lands is necessary for public safety and recreation, and that the acquisition of said lands therein otherwise to be in the public interest of the municipality and the people thereof; and WHEREAS, the interests 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 (2006); and WHEREAS, the City Commission of the City of Ocoee finds it is necessary for public street/road and recreational purposes that the City acquire a fee simple interest in the property identified and described in the attached Exhibit "A", said acquisition being for street/road and recreation purposes; 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 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. ORLA_609372.1 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 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: PARCEL NO. OWNER: INTEREST: 101 Ida Springer Fee Simple Title PARCEL NO. OWNER: INTEREST: 102 Bosie Brown and Gloria McAfee Fee Simple Title 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 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. PASSED AND ADOPTED this _ day of 2007. ORLA_609372.1 ATTEST: By: Name: Title: Beth Eikenberry City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2007. FOLEY & LARDNER By: Name: Paul E. Rosenthal Title: City Attorney ORLA_609372.1 ADOPTED: CITY OF OCOEE, FLORIDA By: Name: Title: S. Scott Vandergrift Mayor APPROVAL BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2007 UNDER AGENDA ITEM NO. EXHIBIT" A" PARCEL NO. 101 OWNER: Ida Springer INTEREST: Fee Simple Title PARCEL 101 LEGAL DESCRIPTION LOTS 1 & 2, BLOCK 9, WEST ORANGE PARK, AS RECORDED IN PLAT BOOK M, PAGES 1,4 & 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "C", OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGES 94 & 95 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN S 02047'38" W, ALONG THE WEST LINE THEREOF, A DISTANCE OF 623.59 FEET; THENCE DEPARTING SAID WEST LINE, RUN S 87012'22" E, A DISTANCE OF 535.71 FEET TO THE POINT OF BEGINNING; THENCE RUN N 73029'13" E, A DISTANCE OF 50.00 FEET; THENCE RUN S 16030'47" E, A DISTANCE OF 90.00 FEET; THENCE RUN S 73029'13" W, A DISTANCE OF 50.00 FEET; THENCE RUN N 16030'47" W, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING. OTHER INTERESTS: Orange County Tax Collector Tax Certificate Holder for 2005 Tax Certificate Holder for 2006 LA_609372.1 PARCEL NO. 102 OWNER: Bosie Brown and Gloria McAfee INTEREST: Fee Simple Title PARCEL 102 LEGAL DESCRIPTION LOTS 47 & 48, BLOCK 26, WEST ORANGE PARK, AS RECORDED IN PLAT BOOK M, PAGES 1,4 & 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "C", OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGES 94 & 95 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN N 00015'45" E, ALONG THE WEST LINE THEREOF, A DISTANCE OF 368.24 FEET; THENCE DEPARTING SAID WEST LINE, RUN S 89044'15" E, A DISTANCE OF 561.00 FEET TO THE POINT OF BEGINNING; THENCE RUN N 00017'22" E, A DISTANCE OF 104.00 FEET; THENCE RUN S 88004'02", A DISTANCE OF 50.00 FEET; THENCE RUN S 00017'22" W, A DISTANCE OF 104.00 FEET; THENCE RUN N 88004'02" W, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. OTHER INTERESTS: Orange County Tax Collector Tax Certificate Holder for 2005 Tax Certificate holder for 2006 LA_609372.1