HomeMy WebLinkAboutResolution 2003-10
RESOLUTION NO. 2003-10
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO SIDEWALK AND TEMPORARY
CONSTRUCTION EASEMENTS, LOCATED GENERALLY
ALONG PROFESSIONAL PARKWAY AND OLD WINTER
GARDEN 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 lands and other interests 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 sidewalk and temporary construction easements 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 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 lands is necessary for public safety and stormwater management, and that the acquisition
006.286629.1
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 (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 sidewalk and temporary
construction easements 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:
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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:
602
1555 Boren, LLC
Sidewalk Easement
PARCEL NO.
OWNER:
INTEREST:
706
1555 Boren, LLC
Temporary Construction 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
proceedings and to comply with all legal requirements as may be necessary or proper for the
acquisition by eminent domain of the sidewalk and temporary construction easements 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.
006.286629.1
PASSED AND ADOPTED this yr!dayof f'..fA- I.~ (.I
2003.
ADOPTED:
::~~ ~
Name: Jean Graft n
Title: Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPR?XED AS TO FOft}1 It!::. LEGALITY
THIS .:::::r- DAY OF /VfI.t 2003.
FOLEY !1A~ER /J .M/J
By: er~~~
Name: Paul E. Rosenthal
Title: City Attorney
APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON /tit A feR- L( ,2003 UNDER
AGENDA ITEM NO. rn: k $
-
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006.286629.1
EXHIBIT "A"
PARCEL NO.
602
OWNER:
1555 Boren, LLC
INTEREST:
Sidewalk Easement
PARCEL 602
LEGAL DESCRIPTION
A portion of Lot 13 West Orange Commercial Center, as recorded in Plat Book 25, Page 67 of the Public
Records of Orange County, Florida.
Being more particularly described as follows:
Begin at the Southwest corner of said Lot 13, also being the intersection of the North Right of Way line of
Professional Parkway and the East Right of Way line of Boren Drive; thence Noool7'08"W 10.00 feet along said
East Right of Way line and the West line of said Lot 13; thence departing said East Right of Way line
S450 17' 14"E, 14.14 feet to a point on south line of said Lot 13; thence S89042' 15"W along said lines 10.00 feet
to the POINT OF BEGINNING.
Containing 50 square feet, more or less
OTHER INTERESTS: SouthTrust Bank of Orlando
SunTrust Bank
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EXHIBIT "A"
PARCEL NO.
706
OWNER:
1555 Boren, LLC
INTEREST:
Temporary Construction Easement
PARCEL 706
LEGAL DESCRIPTION
A portion of Lot 13 West Orange Commercial Center, as recorded in Plat Book 25, Page 67 of the Public
Records of Orange County, Florida.
Being more particularly described as follows:
Commence at the Southwest corner of said Lot 13 said point also being the intersection of the North right of way
line of Professional Parkway and the Easterly right of way line of Boren Drive; thence N89042' 15"E, 10.00 feet
along said North right of way line to the POINT OF BEGINNING; thence departing said right of way line
N45017'14"W, 14.14 feet to the West line of said Lot 13 to a point on a line being 10.00 feet North of and
parallel with the said North right of way line; thence N89042'15"E, 185.25 feet along said parallel line; thence
departing said line SOool7'45"E, 10.00 feet to the said North right of way line; thence S89042'15"W, 175.25 feet
along said North right of way line to the POINT OF BEGINNING.
Containing 1,802 square feet more or less.
OTHER INTERESTS: None
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