HomeMy WebLinkAboutResolution 87-09 C)\ Ocoee A
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No. 87 -09
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WHEREAS, the City of Ocoee, pursuant to Part 4+, Chapter 166, Florida Statutes,
has the right of eminent domain when exercised for the purposes therein specified; and
WHEREAS, the acquistion of all of the sewer utility facilities and real and tangible
personal property of Prima Vista Utility Company, Inc. ( "Prima Vista ") used or useful in
providing sewer service within the city limits of the City of Ocoee to the residents of
the City of Ocoee and in areas lying outside the city limits of the City of Ocoee to
certain residents of Orange County is deemed to be necessary and expedient for the
preservation of the public health and welfare and in the best interests of the municipality
of Ocoee and the people thereof; and
WHEREAS, the information required to be obtained by the City of Ocoee from the
Florida Public Service Commission by Section 367.071, Florida Statutes, has been obtained
and considered; and
WHEREAS, the Public Hearing required by Secion 180.301, Florida Statutes, has been
held, the matters required thereunder to be considered have been considered and the
statement required thereunder has been prepared and is hereby approved; and
WHEREAS, the sewer utility facilities and real and tangible personal property of
Prima Vista used or useful in providing such sewer service are more particularly described
on Schedule 1 attached hereto; and
WHEREAS, it is in the best interest of the City of Ocoee and the people thereof that
the absolute fee simple title to all property described on said Schedule 1 be taken and
acquired and vested in the City of Ocoee, and
WHEREAS, it is hereby determined that the taking of the absolute fee simple title
to the property described on said Schedule 1 is necessary for the purposes herein above
expressly stated.
NOW THEREFORE, BE IT RESOLVED that the Statement Required by Section 180.301, Florida
Statutes, attached hereto as Exhibit A, is hereby adopted and approved; and
BE IT FURTHER RESOLVED that the City of Ocoee be and it is hereby authorized to
negotiate with Prima Vista and to institute an action in eminent domain under Chapters 73
and 71+, Florida Statutes, for the purpose of acquiring the absolute fee simple title
to the property described on Schedule 1, attached hereto and prosecute such action
to its conclusion; and
I ffity BE IT FURTHER RESOLVED that the City of Ocoee be and it is hereby authorized to engage,
in accordance with applicable laws, all such professional assistance as may be necessary
in connection with such negotiations and the prosecution of such action, including without
limitation but by way of illustration, such professionals as real estate and business
appraisers, professional engineers, certified public accountants, attorneys at law,
biologists, botanists, hydrologists, public health officers and physicians; and
BE IT FURTHER RESOLVED that this Resolution shall become effective upon its
adoption by the City Commission of th City of Ocoee.
ADOPTED THIS ( ?t, DAY OF g , 1987
MAYOR
A D.T:
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CITY CLERK
SCHEDULE OF ASSETS TO BE
ACQUIRED BY THE CITY OF OCOEE
FROM PRIMA VISTA UTILITY COMPANY, INC.
All real property and improvements located thereon owned by
Prima Vista that is used or useful in the operation of the sewer
system of Prima Vista including, but not limited to the following
described real property located in Orange County, Florida:
1. From the West 1/4 corner of Section 20, Township 22
South, Range 28 East, Orange County, Florida; Run
along the South line of the Northwest 1/4 of said
Section 20, S. 880 24' 16" E. 2027.65 feet; thence
NOlo 24' 28" E. 271.80 feet to the point of begin-
ning; Run thence further NOlO 24' 28" E. 200 feet
plus or minus to a point on the North line of Lot
6, Block "5", Map of Ocoee, as recorded in Plat
Book "A", Pages 100 and 101, Public Records of
Orange County, Florida. Run thence Easterly along
said North line 534.7 feet plus or minus, thence S.
010 13' 48" W. 200 feet plus or minus to a point S
880 37' 52" E of the point of beginning: run thence
N 880 37' 52" W 535.37 feet to the point of begin-
ning, Being a portion of Lots 6 and 7, Block "5" of
the aforesaid map of Ocoee.
2. The Northeast 1/4 of the Southwest 1/4 of Sect ion
5, Township 22 South, Range 28 East, Orange County,
Florida.
3. Lot 10, Block 7, TOWN OF OCOEE, according to plat
thereof recorded in Plat Book "A", Page 100-101, of
the Public Records of Orange County, Florida.
4. The E 1/2 of the W 1/2 of the NW 1/4 of Section 9,
Township 22 South, Range 28 East, Orange County,
Florida.
5. Tract A, Foxfire Subdivision, according to the plat
thereof, as recorded in Plat Book "6", Page 49,
Public Records of Orange County, Florida.
6. The E 1/2 of the NW 1/4 and that part of the NE 1/4
of the SW 1/4 lying North of railway and any other
adjacent land presently owned by Seller, of Section
9, Township 22 South, Range 28 East, Orange County,
Florida.
Schedule 1
All tangible personal property owned by Prima Vista that is
used or useful in the operation of the sewer system of Pr ima
Vista including, but not limited to the following:
All service lines, mains, laterals and connections:
collection pipes, lines and mains: force lines and
mains; gravity lines and mains; manholes: pumps and
pumping stations and equipment: lift stations:
sewage treatment plants: structures and improve-
ments: flow measur ing devices and installations:
treatment and disposal equipment: miscellaneous
tangible plant: effluent and outfall pipes, lines
and mains: transportation, stores, tools, shops,
garage, laboratory, communication and other appur-
tenances and equipment: and other tangible personal
property used or useful in connection with the
collection, treatment, purification or disposal of
sewage and sewage effluent and residue.
All easements, rights of way, rights to use public and pri-
vate roads, highways, streets and other areas in connection with
the operation of the sewer system of Prima Vista including, but
not limited to, such easements and rights on, over, under and
across the following described real property located in Orange
County, Florida:
1. A fifteen (15) foot utili ty easement over, under
and across the following descr ibed property, to-
wit:
Beginning at the NW corner of Lot 11, ORLANDO
GROVES ASSOCIATION LAKE LOTTA GROVES, as recorded
in Plat Book E, page 52, Public Records of Orange
County, Florida, run N. 00007'50" E. 1329.13 ft.
along the W. line of the E. 1/2 of the NE 1/4 of
the SW 1/4 of said Section 21: thence run N.
89054'22" E. 333.26 ft. along the N. line of the SW
1/4 of said Section 21: thence run N. 00010'43" E.
1286.32 ft. along the W. line of the E 1/4 of the
SE 1/4 of the NW 1/4 of said Section 21: thence run
N. 89056'24" E. 334.56 ft. along White Road: thence
run S. 00014'11" W. 15.00 ft.: thence run S.
89056'24" W. 319.54 ft.: thence run S. 00010'43" W.
1286.31 ft.: thence run S. 89054'22" W. 333.25 ft.:
thence run S. 00007'50" W. 1314.12 ft.: thence run
S. 89052'50" W. 15.00 ft. to the Point of Beginn-
ing.
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2. The South 20.00 feet of the East 10.00 feet of Lot
2 of the Final Plat of Towne Square Shopping Center
as recorded in Plat Book 17, Page 10 of the Public
Records of Orange County, Florida.
3. The South 20.00 feet of the West 10.00 feet of Lot
3 of the Final Plat of Towne Square Shopping Center
as recorded in Plat Book 17, Page 10 of the Public
Records of Orange County, Florida.
4. Beginning at a point on the East line of the South-
west 1/4 of the Southwest 1/4 of Section 20, T22S,
R28E, Orange County, Florida lying 761.21 feet
Northerly of the Southeast corner of said Southwest
1/4 of the Southwest 1/4 of Section 20, run
Northerly along said East line 60 feeti thence run
West.rly 30 feet; thence run Southerly 60 feet;
thence run Easterly 30 feet to the Point of Begin-
ning.
5. The East 10 feet of that part of the Southwest 1/4
of the Southwest 1/4 Section 20 T22S, R28E, Orange
County, Florida lying North of State Road No. 50,
East of Ocoee Clarcona Road and South of Maine
Street.
6. The West 30 feet of that part of the Southeast 1/4
of the Southwest 1/4 of Section 20, T22S, R28E,
Orange County, Florida lying South of parcel A as
descr ibed below and lying North of parcel B as
described below:
Parcel A
The North 1/2 of the Southeast 1/4 of the Southwest
1/4 (less 1.96 chains off the South side) Section
20, T22S, Range 28E, Orange County, Florida.
Parcel B
Commence at the Southwest corner of the Southeast
1/4 of the Southwest 1/4 of Section 20, T22S, R28E;
run North 514.99 feet; thence East 1322.51 feet;
thence South 513.48 feet to the Southeast corner of
the Southeast 1/4 of the Southwest 1/4 of said
Section 20; thence West 1321.54 feet to the Point
of Beginning.
LESS the Right of Way for S.R. 50.
Also commence at a point 7.78 chains North of the
Southwest corner of the Southeast 1/4 of the South-
west 1/4 of Section 20, T22S, R28Ei run North 4.18
chains thence East 20.0 chains; thence South 4.18
chains; thence West 20.0 chains to the Point of
Beginning.
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7. The South 6 feet of the West 30 feet of the follow-
ing described land: The North 1/2 of the Southeast
1/4 of the Southwest 1/4 (less 1.96 chains off the
South side) Section 20, T22S, R28E, Orange County,
Florida.
8. The West 10 feet of the following described land:
The North 1/2 of the Southeast 1/4 of the Southwest
1/4 (less 1.96 chains off the South side) Section
20, T22S, R28E, Orange County, Florida.
9. The West 30 feet of that part of the Southeast 1/4
of the Southwest 1/4 of Section 20, T22S, R28E,
Orange County, Florida lying South of parcel A as
described below and lying North of parcel B as
described below:
Parcel A
The North 1/2 of the Southeast 1/4 of the Southwest
1/4 (less 1.96 chains off the South side) Section
20, T22S, R28E, Orange County, Florida.
Parcel B
Commence at the Southwest corner of the Southeast
1/4 of the Southwest 1/4 of Section 20, T22S, R28E;
run North 514.99 feet; thence East 1322.51 feet;
thence South 513.48 feet to the Southeast corner of
the Southeast 1/4 of the Southwest 1/4 of said
Section 20; thence West 1321.54 feet to the Point
of Beginning.
LESS the Right of Way for S.R. 50.
Also commence at a point 7.78 chains North of the
Southwest corner of the Southeast 1/4 of the South-
west 1/4 of Section 20, T22S, R28E; run North 4.18
chains; thence East 20.0 chains; thence South 4.18
chains; thence West 20.0 chains to the Point of
Beginning.
10. The North 30 feet of the West 30 feet of the
following described land:
Commence at the Southwest corner of the Southeast
1/4 of the Southwest 1/4 of Section 20, T22S, R28E;
run North 514.99 feet; thence East 1322.51 feet;
thence South 513.48 feet to the Southeast corner of
the Southeast 1/4 of the Southwest 1/4 of said
Section 20; thence West 1321.54 feet to the Point
of Beginning. '
LESS the Right of Way for S.R. 50.
Also commence at a point 7.78 chains North of the
Southwest corner of the Southeast 1/4 of the South-
west 1/4 of Section 20, T22S, R28E; run North 4.18
chains; thence East 20.0 chains; thence South 4.18
chains; thence West 20.0 chains to the Point of
Beginning.
11. The West 10 feet of the following described land:
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Commence at the Southwest corner of the Southeast
1/4 of the Southwest 1/4 of Section 20, T22S, R28E:
run North 514.99 feet: thence East 1322.51 feet:
thence South 513.48 feet to the Southeast corner of
the Southeast 1/4 of the Southwest 1/4 of said
Section 20: thence West 1321.54 feet to the Point
of Beginning.
LESS the Right of Way for S.R. 50.
Also commence at a point 7.78 chains North of the
Southwest corner of the Southeast 1/4 of the South-
west 1/4 of Section 20, T22S, R28E: run North 4.18
chains, thence East 20.0 chains: thence South 4.18
chains; thence West 20.0 chains to the Point of
Beginning.
12. The East 20 feet of the Northwest quarter of Sec-
tion 16, Township 22 South, Range 28 East (less
State Road right-of-way on South).
13. The Norther ly 5.00 feet of Lot 117, Pr ima Vista,
recorded in Plat Book 4, Page 130 of the Public
Records of Orange County, Florida. (By perpendicu-
lar measure from the Northerly line of said lot.)
All temporary easements, temporary rights of way, temporary
rights to use public and private roads, highways, streets and
other areas in connection with the operation of the sewer system
of Prima Vista including, but not limited to such temporary ease-
ments and rights on, over, under and across the following
described real property located in Orange County, Florida:
1. The North 75 feet of the West 75 feet of the
following described land:
Commence at the Southwest corner of the Southeast
1/4 of the Southwest 1/4 of Section 20, T22S, R28E;
run North 514.99 feet; thence East 1322.51 feet;
thence South 513.48 feet to the Southeast corner of
the Southeast 1/4 of the Southwest 1/4 of said
Section 20: thence West 1321.54 feet to the Point
of Beginning.
LESS the Right of Way for S.R. 50.
Also commence at a point 7.78 chains North of the
Southwest corner of the Southeast 1/4 of the South-
west 1/4 of Section 20, T22S, R28E; run North 4.18
chains: thence East 20.0 chains: thence South 4.18
chains: thence West 20.0 chains to the Point of
Beginning.
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2. The West 75 feet of that part of the Southeast 1/4
of the Southwest 1/4 of Section 20, T22S, R28E,
Orange County, Florida lying South of parcel A as
described below and lying North of parcel B as
described below:
Parcel A
The North 1/2 of the Southeast 1/4 of the Southwest
1/4 (less 1.96 chains off the South side) Section
20, T22S, R28E, Orange County, Florida.
Parcel B
Commence at the Southwest corner of the Southeast
1/4 of the Southwestl/4 of Section 20, T22S, R28E;
run North 514.99 feet; thence East 1322.51 feet;
thence South 513.48 feet to the Southeast corner of
the Southeast 1/4 of the Southwest 1/4 of said
Section 20; thence West 1321.54 feet to the Point
of Beginning.
LESS the Right of Way for S.R. 50.
Also commence at a point 7.78 chains North of the
Southwest corner of the Southeast 1/4 of the South-
west 1/4 of Section 20, T22S, R28E; run North 4.18
chains thence East 20.0 chains; thence South 4.18
chains; thence West 20.0 chains to the Point of
Beginning.
3. The West 75 feet of that part of the Southeast 1/4
of the Southwest 1/4 of Section 20, T22S, R28E,
Orange County, Florida lying South of parcel A as
described below and lying North of parcel B as
described below:
Parcel A
The North 1/2 of the Southeast 1/4 of the Southwest
1/4 (less 1.96 chains off the South side) Section
20, T22S, R28E, Orange County, Florida.
Parcel B
Commence at the Southwest corner of the Southeast
1/4 of the Southwest 1/4 of Section 20, T22S, R28E;
run North 514.99 feet; thence East 1322.51 feet;
thence South 513.48 feet to the Southeast corner of
the Southeast 1/4 of the Southwest 1/4 of said
Section 20; thence West 1321.54 feet to the Point
of Beginning.
LESS the Right of Way for S.R. 50.
Also commence at a point 7.78 chains North of the
Southwest corner of the Southeast 1/4 of the South-
west 1/4 of Section 20, T22S, R28E; run North 4.18
chains thence East 20.0 chains; thence South 4.18
chains; thence West 20.0 chains to the Point of
Beginning.
4. The South 51 feet of the West 75 feet of the
following described land:
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The North 1/2 of the Southeast 1/4 of the Southwest
1/4 (less 1.96 chains off the South side) Section
20, T22S, R28E, Orange County, Florida.
5. Beginning at a point on the East line of the South-
west 1/4 of the Southwest 1/4 of Section 20, T22S,
R28E, Orange County, Florida lying 716.21 feet
Northerly of the Southeast corner of said Southwest
1/4 of the Southwest 1/4 of Section 20, run
Northerly along said East line 150 feet; thence run
Westerly 75 feet; thence run Southerly 150 feet;
thence run Easterly 75 feet to the Point of Begin-
ning.
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Statement Reruired By
Section 180.301, F orida Statutes
The purchase by the City of the utility facilities of Prima
Vista is in the public interest because it will enable the City
to create a unified sewer system to serve the entire City in a
manner similar to the manner in which the City currently is
served by a unified water system; the operation of both a unified
water system and a unified sewer system will provide economies of
operation that should result in lower rates to the customers;
regulatory decisions, rate setting decisions and control of nega-
tive environmental impacts will be made by local representatives
who are elected by the customers and who will be more sensitive
to local requirements and opportunities and more responsive to
the desires and needs of the customers; the quality of the sewage
collection, treatment and disposal system operating within the
City will be controlled by the City; substantial financial advan-
tages in the operation, improvement and expansion of the sewer
system will be available with the system being owned and operated
by the City that are not available with the system being owned
and operated by a private utility company; and the development of
the Ci ty will be enhanced and encouraged because all landowners
and developers will have equal and fair access to the sewer sys-
tem.
The Ci ty' s exper ience in water and sewer utili ty operation
can be summarized as many years of operation of a water utility
system that provides high quali ty and cost-effective water ser-
vice to its customers; the extensive experience of its City
Manager and Public Works Director in manag ing utility systems,
including sewer systems; the employment of professional consult-
ants with many years of exper ience in planning, designing and
overseeing the construction and operation of sewer and other
types of utility systems; and the availability of firms special-
izing in providing operational and management services to
initially operate the system and assist the City in employing and
training supervisory and operational personnel.
The financial ability of the City to provide utility service
is shown by the strong financial position of the City as dis-
closed in its Comprehensive Annual Financial Report and
Accountant's Report for the fiscal year ended September 30, 1986;
the strong cash position of the City as of April 30, 1987; the
increase in the liquidity of the cash position of the City during
the past seven (7) months; and the amount of utility and other
revenues and funds available to pledge toward the payment of
bonds issued to acquire, improve and expand the sewer system.
EXHIBIT rlA~