HomeMy WebLinkAboutResolution 2004-01
RESOLUTION NO. 2004-01
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
ALONG PROFESSIONAL PARKWAY AND MAGUIRE
ROAD; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the traffic and
drainage 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, various interests in 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 public street/road and drainage
purposes, said street/road and drainage purposes including, but not being limited to, the
acquisition of right-of-way for the purpose of performing upon said right-of-way for the purpose
of perform upon said right-of-way such activities as may be reasonably necessary in connection
with the design, engineering, construction, and development of the Professional Parkway/Old
Winter Garden Road Project ("the Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said
land is necessary for public safety and stormwater management, and that the acquisition of said
land therein otherwise to be in the public interest of the municipality and the people thereof; and
006.320255.1
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
good faith to construct the Project on or over the described property in accordance with Section
73.021(6), Florida Statutes (2002); and
WHEREAS, the City Commission of the City of Ocoee finds it its necessary for public
street/road purposes and stormwater management 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 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:
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
006.320255.1
descriptions of said parcel being more particularly described in Exhibit "A" attached hereto and
by this reference made a part hereof:
PARCEL NO.
OWNER:
INTEREST:
126
West Orange Healthcare District
Fee Simple Title
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."
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.
That this Resolution shall become effective immediately upon adoption.
006.320255.1
~
PASSED AND ADOPTED this b -day of
ATTEST: ~
By'
N~e: ~n Graft -n
Title: Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPRO/~ED AS TO F RM AND LEGALITY
THIS ~ DAY OF -J I\J, r 2004.
::LEYf;:l~
Name: Paul E. Rosenthal
Title: City Attorney
006.320255.1
J>WUI'r~'1
ADOPTED:
2004.
CITY OF OCOEE, FLO~DA
...,--::' c--:/bf- t~ ,J
By:- .. Pt.
Name: S. Scott Vandergri
Title: Mayor
APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON .JA-tJl.t Ml.."i 6 , 2004 UNDER
AGENDA ITEM NO. JtI[::. A