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Home My WebLink AboutResolution 2004-06 RESOLUTION NO. 2004-06 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO FEE TITLE, LOCATED GENERALLY SOUTH OF THE EXISTING TERMINUS OF SEVENTH AVENUE BETWEEN MOORE ROAD AND THORNEBROOKE DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to serve the transportation needs 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, 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 ofOcoee finds a public need and necessity exists to acquire the land described in Exhibit "A" hereto for public street/road and drainage improvement purposes, said street/road and drainage improvement purposes including, but not being limited to, the acquisition of right-of-way for the purpose of performing upon said right-of- way such activities as may be reasonably necessary in connection with the design, engineering, construction, and development of the Seventh Avenue extension ("the Project"); and WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of the said land is necessary for public safety, street/road, and drainage needs, and that the acquisition of the said land therein otherwise to be in the public interest of the municipality and the people thereof; and 006.335821.1 WHEREAS, the interest to be acquired, fee simple title, 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 good faith to construct the Project on or over the described property in accordance with Section 73.021(6), Florida Statutes (2003); and WHEREAS, the City Commission of the City of Ocoee finds it necessary for public street/road and drainage improvement 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 drainage improvement 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 RESOLVED 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 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 006.335821.1 2 by this reference made a part hereof: PARCEL NO. OWNER(S): INTEREST: 1 Devworth Properties, Inc. 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 .r Id.L.I-( 2004. ADOPTED: CITY OF OC~~, FLORID! _' A .. BY~ I~~~~\~~ Name: S. Scott Vandergnft Title: Mayor ~ Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPRWED AS TO JQffY AND LEGALITY THIS ~DA Y OF \) () 2004. FOLEY yr}ARDNE~. By: (( aJr Name: Paul E. Rosenthal Title: City Attorney APPROV AL BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON J'LIl.. c.{ J.o ,2004 UNDER AGENDA ITEM NO. ~ 006.335821.1 3 EXHIBIT" A" PARCEL NO. 1 OWNER: Devworth Properties, Inc. INTEREST: Fee Simple PARCEL NO. 1 LEGAL DESCRIPTION A portion of the North 1/2 of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, being more particularly described as follows: Commence at the Southeast Corner of the Southwest 1/4 of said Section .32: Thence North 00 4S' .32" West, 1.324.53 feet to the Southeast Corner of that certain parcel of land os described in Official Records Book 580B, Page 2615, Public Records of Orange County, Florida, said point also being the Westerly terminus of the centerline of Sixth (6th) Street os indicated on the MAP Of GOTHA, according to the plot thereof as recorded in Plot Book A, Page .39, Public Records of Orange County. Florida, and the Point of Beginning; Thence South 89' 21' 58" West along the South line of said certain parcel of land SO.OO feet; Thence North DO' 46' 32" West along 0 line 60.00 feet West of and parallel with the ,Wes!, line of Lot 7 and 8, Block ~. of af~esoid MAP OF GOTHA 659.64 feet; Thence North 10' 32 23 East, 305.80 feet to 0 poir.rt on the West Right of Way line of Seventh Avenue os indicated on the REPLAT OF PART OF BLOCKS 0, P, T, U AND Y AND ALL OF BLOCK X, t.4AP OF GOTHA, according to the plot thereof os recorded in Plot Book R, Page 55, Public Records of Orange County, Florida; Thence South DO" 46' 32" East on said West Right of Way line and its Southerly projection said line 0150 being the West line of aforesaid Lots 7 and B, 0 distance of 959.64 feet to the Point of Beginning. Containing 48,578 square feet or 1.115 acres more or less. OTHER INTERESTS: Orange County Tax Collector; Gordon S. Nutt Revocable Trust; and All persons or parties having or claiming any interest by, through, and under a deed recorded March 3, 1942 in Orange County Deed Book 584, Page 505. Page 1 of 1 006.335821.1 4 DESCRIPTION A portion of the North 1/2 of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, being more particularly described as follows: Commence at the Southeast Corner of the Southwest 1/4 of said Section 32; Thence North 00 46' 32" West, 1324.53 feet to the Southeast Corner of that certain parcel of land as described in Official Records Book 5808, Page 2615, Public Records of Orange County, Florida, said point also being the Westerly terminus of the centerline of Sixth (6th) Street as indicated on the MAP OF GOTHA, according to the plat thereof as recorded in Plat Book A, Page 39, Public Records of Orange County, Florida, and the Point of Beginning; Thence South 89' 21' 58" West along the South line of said certain parcel of land 60.00 feet; Thence North 00. 46' 32" West along a line 60.00 feet West of and parallel with the West line of Lot 7 and 8, Block Y, of aforesaid MAP OF GOTHA 659.64 feet; Thence North 10. 32' 23" East, 305.80 feet to a point on the West Right of Way line of Seventh Avenue as indicated on the REPLAT OF PART OF BLOCKS 0, P, T, U AND Y AND ALL OF BLOCK X, MAP OF GOTHA, according to the plat thereof as recorded in Plat Book R, Page 55, Public Records of Orange County, Florida; Thence South 00. 46' 32" East on said West Right of Way line and its Southerly projection said line also being the West line of aforesaid Lots 7 and 8, a distance of 959.64 feet to the Point of Beginning. Containing 48,578 square feet or 1.115 acres more or less. SURVEYORS NOTES 1. Bearing shawn hereon are based on the West Right of Way line of Seventh Street being SOO'46'32"E (assumed). 2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 61G17-6 requirements. 3. Not valid without the signature and raised seal of a Florida licensed surveyor and mapper. FOR Job No.: 49007 Scale: I" REV. 4/27/04 .Revised Boundary & Description 150' eERT. NO'~49007002 SOUTHEASTERN SURVEYING & MAPPING CORP. 6500 All American Boulevard Orlando. Florida 32810-4350 (40 )292-8580 fax(407)292-0141 email info@sou~~teurVeYin.com ARY RICK REGISTERED LAND SURVEYOR NO. 4245 DESCRIPTION Date: 3/11/04 CITY OF OCOEE CH. 61G17-6. Florida Administrative Code requires that a legal description drawing bear the notation that THIS IS NOT A SURVEY. SHEET 1 OF 2 SEE SHEET 2 FOR SKETCH .. r . SKETCH OF DESCRIPTION I o 1" = 150 GRAPHIC SCALE . . 75 150 I 300 WEST LINE OF SEVENTH STREET . ,., .C\I &J b - ~ ~ PARALLEL WITH WEST LINE OF LOTS 7 & 8, BLOCK ;.. Y, MAP OF GOTHA CO en It') CO ~ DEVWORTH PROPERTIES INC PARCEL 10# 32-22-28-0000-00-014 . '" I') 'io ~ b o z ABBRIVIA TIONS THORNEBROOKE ORNE (NO R/W INFORMATIOM PROVIDED) S 89"21'p8- W 60.00 I~ ;ii LOT 48 ~ CD o o ~ LOT :~ ~ Z LOT fTl c: ~ITI . o CO ~ I.I.J ;.. CO en It') en w . '" I') 'io ~ b o (I) R/W = RIGHT OF WAY ORANGE COUNTY BPI O.R.B. = OFFICIAL RECORDS BOOK PARCEL 10# CCR = CERTIFIED CORNER RECORD 32-22-28-0000-00-008 POINT OF COMMENCEMENT SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST Found 6" x 6" concrete monument, Drawing No. 49007002 Job No. 49007 Date: 3/11/04 SHEET 2 OF 2 See Sheet 1 for Description OAKS OF WINDERMERE PLAT BOOK 47, PAGE 58 ORANGE COUNTY, FLORIDA BLOCK E REPLAT OF PART OF BLOCKS O-P- T -U & Y 26 AND ALL OF BLOCK "X" "MAP OF GOTHA" PLAT BOOK R, PAGE 55 ORANGE COUNTY, FLORIDA LOT 27 END OF EXISTING RIGHT OF WAY HARRY R. STRANGE PARCEL 10# 33-22-28-3100-24-070 LOT 7, BLOCK Y MAP OF GOTHA PLAT BOOK A, PAGE 39 ORANGE COUNTY, FLORIDA WEST LINE OF LOT 7, BLOCK Y JULIE M. DENBESTEN PARCEL ID# 33-22-28-3100-24-080 LOT 8, BLOCK Y MAP OF GOTHA PLAT BOOK A, PAGE 39 ORANGE COUNTY, FLORIDA WEST LINE OF LOT 8, BLOCK Y POINT OF BEGINNING SE CORNER. PARCEL DESCRIBED IN O.R.B. 5808, PAGE 2615 & THE WESTERLY TERMINUS OF THE CENTERLINE OF 6TH STREET PER MAP OF GOTHA, PLAT BOOK A, PAGE 39 SIXTH STREET PER PLAT BOOK A, PAGE 39 SOUTH LINE, PARCEL DESCRIBED IN O.R.B. 5808, PAGE 2615 ~ SOUTHEASTERN SURVEYING & MAPPING CORP. 6500 All American Boulevard Orlando, Florida 32810-4350 (407)292-8580 fax(407)292-0141 Cert. No. LB-2108 CCR #6325 email:info@southeasternsurveying.com