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Home My WebLink AboutItem #20 Woodbery Family LTd: Authorization to Approve Resolution and Authorize Condemnation : FOLEY AGENDA ITEM COVER SHEET Meeting Date: AUlj US t- l q ,1.-tJ()B Item # ~3 Contact Name: Contact Number: Mary Solik 407 -423-7656 Reviewed By: Department Director: City Manager: ~- , -- and authorize Background Summary: The City needs to acquire the easement necessary to extend utilities through the Woodbery Family LLP property to the east of Arden Park Phase 1 property. The City has had the necessary easement appraised by Dan DeRango of DeRango Best & Associates who arrived at an appraised value of $19,710.00. The City has made an offer to purchase the easement from the Woodbery family at its appraised value, but the Woodbery Family has rejected the City's offer and it appears that voluntary acquisition is unlikely. Issue: Resolution needs to be approved before condemnation proceedings can begin. Recommendations Approve Resolution. Attachments: Memorandum dated August 11, 2008 from Foley & Lardner LLP Financial Impact: None Type of Item: D Public Hearing D Ordinance First Reading D Ordinance First Reading i:8J Resolution D Commission Approval D Discussion & Direction For Clerk's Deoi Use: D Consent Agenda D Public Hearing D 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. Reviewed by Assistant City Manager ORLA_1106580.1 o o o : 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 WWW.FOLEY.COM FOLEY & LARDNER LLP 407.244.3259 MEMORANDUM CLIENT-MATTER NUMBER 020377-0799 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: August 11, 2008 RE: W oodbery Condemnation Resolution Pursuant to the Development Agreement entered into between the City of Ocoee and Arden Park Ventures, LLC on November 21,2006, the City agreed to utilize its best efforts to acquire the easement necessary to extend utilities through the Woodbery Family LLP property to the east of Arden Park Phase 1 property. Pursuant to the Development Agreement, Arden Park is responsible for the design, engineering, permitting, and construction of any utility extension but the City is responsible for the cost of acquisition of the necessary easement. The City has had the necessary easement appraised by Dan DeRango of DeRango Best & Associates who arrived at an appraised value of $19,710.00. The City has made an offer to purchase the easement from the Woodbery family at its appraised value, but the Woodbery Family has rejected the City's offer and it appears that voluntary acquisition is unlikely. Attached is a proposed Resolution which authorizes the filing of a condemnation action and to proceed to acquire the easement by a quick taking 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 owners, however, 2 ORLA_1106580.1 are 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 the 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 recommended that the Mayor and City Commissioners approve the attached Resolution and authorize the City Attorney to proceed with condemnation. cc: Robert Frank Jamie Croteau David Wheeler 3 ORLA_1106580.1 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO, AN UNDERGROUND UTILITY EASEMENT, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to serve the utility 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 ofOcoee finds a public need and necessity exists to acquire, by eminent domain, an underground utility easement on 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 utility extension purposes (The "Project"); and WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said lands is necessary for public utility expansion, 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 interest to be acquired, is 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 4 ORLA_1106580.1 good faith to construct the Project on or over the described property in accordance with Section 73.021(6), Florida Statutes (2008); and WHEREAS, the City Commission of the City of Ocoee finds it is necessary for public utility expansion purposes that the City acquire an underground utility easement interest in the property identified and described in the attached Exhibit "A", said acquisition being for public utility expansion 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. THEREFORE, BE IT RESOL YED 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 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 description of said parcel being more particularly described in Exhibit" A" attached hereto and by this reference made a part hereof: OWNER: INTEREST: Woodbery Family, LLP Underground Utility 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 5 ORLA_1106580.1 proceedings and to comply with all legal requirements as may be necessary or proper for the acquisition by eminent domain of the underground utility easement interests 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 2008. ADOPTED: ATTEST: CITY OF OCOEE, FLORIDA By: Name: Title: Beth Eikenberry City Clerk By: Name: Title: S. Scott Vandergrift Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2008. FOLEY & LARDNER APPROVAL BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2008 UNDER AGENDA ITEM NO. By: Name: Title: Paul E. Rosenthal City Attorney 6 ORLA_1106580.1 EXHIBIT <<A" OWNER: Woodbery Family, LLP INTEREST: Underground Utility Easement LEGAL DESCRIPTION A portion of land lying in Section 4, Township 22 South, Range 28 East, Orange Coun ty, Florida, being more particularly described as follows: Commence at the northwest corner of the Northeast 1/4 of said Section 4,' thence run S 07"27'07" \tv, along the west line of the Northeast 7/4 of said Section 4, a distance of 2190.77 feet for the POINT OF BEGINNING; thence, departing said west line, run S 88"32'53" E, a distance of 624.53 feet to a point on the westerly right-of-way line of Clarke Road, as described and recorded in Official Records Book 4352, Page 1655, Public Records of Orange County, Florida; thence run S 07"10'45" VV, along said westerly right-of-way line, a distance of 20.00 feet; thence, departing said westerly right-of-way line, run N 88"32'53" VV, a distance of 624.63 feet to a point on the aforesaid west line of the Northeast 7/4 of said Section 4; thence run N 07 "27'07" E, along said west line, a distance of 20.00 feet to the POINT OF BEGINNING. Con taining 0.29 acres, more or less. ORLA_1106580.1