HomeMy WebLinkAboutResolution 2003-09
RESOLUTION NO. 2003- 09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO FEE TITLE AND A TEMPORARY
CONSTRUCTION EASEMENT, 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 right-of-way and a temporary construction easement 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
006.286578.1
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 a fee simple interest and
a temporary construction easement 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:
2
006.286578.1
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:
PARCEL NO.
OWNER:
INTEREST:
PARCEL NO.
OWNER:
INTEREST:
PARCEL NO.
OWNER:
INTEREST:
PARCEL NO.
OWNER:
INTEREST:
PARCEL NO.
OWNER:
INTEREST:
PARCEL NO.
OWNER:
INTEREST:
Section 2.
112
West Orange Healthcare District
Fee Simple Title
713
West Orange Healthcare District
Temporary Construction Easement
114
West Orange Healthcare District
Fee Simple Title
117
West Orange Healthcare District
Fee Simple Title
118
West Orange Healthcare District
Fee Simple Title
119
West Orange Healthcare District
Fee Simple Interest
121
West Orange Healthcare District
Fee Simple Interest
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 and a temporary construction
006.286578.1
easement 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 'I~ay of ,1" A fc./-cI
2003.
ADOPTED:
By:
Nan~e:
Title:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPR?YED AS TO ~D LEGALITY
THIS ~ DAY OF' 2003.
FOLEY &;1RD*R
By: ffaJ'rft#-
Name: Paul E. Rosent al
Title: City Attorney
APPROV AL BY THE OCOEE CITY
COMMISSION A T.A MEETING HELD
ON M R ~ c. f.I 'f ,2003 UNDER
AGENDA ITEM NO.yrr, E 1
4
006.286578.1
EXHIBIT "A"
PARCEL NO.
121
OWNER:
West Orange Healthcare District
INTEREST:
Fee Simple Title
PARCEL 121
LEGAL DESCRIPTION
A portion of Lots 22 through 26, Block 11, PARK RIDGE as recorded in Plat Book 0, Page 100
of the Public Records of Orange County, Florida
Being more particularly described as follows:
Beginning at the intersection of the northerly right of way line of Old Winter Garden Road and
the Southwesterly corner of said Lot 26; thence N14 031 '52"E along the westerly line of said Lot 26
a distance of 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with the
aforesaid right of way line; thence S75028'08"E along said parallel line 141.00 feet to a point on
the easterly line of said Lot 22; thence S14 031 '52"W along said lot line 50.00 feet to a point on
the aforesaid right of way line; thence N75028'08"W along said line 141.00 feet to the
POINT OF BEGINNING.
Containing 7,050 square feet or 0.16 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 7 of 7
006.286578.1
EXHIBIT "A"
PARCEL NO.
112
OWNER:
West Orange Healthcare District
INTEREST:
Fee Simple Title
PARCEL 112
LEGAL DESCRIPTION
A portion of Lots 2, 3, 4 and 6 through 14, Westover Farms as recorded in Plat Book 0, Page 120 of the Public
Records of Orange County, Florida, lying in Section 28, Township 22 South, Range 28 East
Being more particularly described as follows:
Beginning at the intersection of the Northerly Right of Way line of Old Winter Garden Road and the Westerly
Right of Way line of Division Avenue; thence along said Northerly Right of Way line the following two courses;
N75028'08"W 1,164.83 feet; thence N79000'05"W, 67.53 feet to a point on the Easterly Right of Way line of
Blackwood Avenue; thence along said Easterly Right of Way line the following three courses; NlOo17'49"E
13.00 feet to a point on the arc of a non-tangent curve concave northeasterly having a radius of 27.00 feet, a
central angle of79033'51" and a chord of 34.55 feet that bears N39055' 16"W; thence northwesterly along the arc
of said curve, 37.49 feet; thence NOoo08'20"W, 28.70 feet; thence departing said Right of Way line
S41 040' 15"E, 30.16 feet to a point on the arc of a non-tangent curve concave southerly having a radius of
2,149.00 feet, a central angle of Or07'OO" and a chord of 266.75 feet that bears S79021 '27"E; thence easterly
along the arc of said curve, 266.93 feet; thence S66025'46"E, 50.69 feet to a point on a line being 50.00 feet
northerly of and parallel with aforesaid Northerly Right of Way line; thence along said parallel line S75028'08"E,
889.53 feet; thence N52022' 15"E, 30.66 feet to a point on aforesaid Westerly Right of Way line; thence along
said Right of Way line SOoo 11 '56"W, 76.60 feet to the POINT OF BEGINNING.
Containing 63,462 square feet or 1.46 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 1 of 7
006.286578.1
EXHIBIT "A"
PARCEL NO.
713
OWNER:
West Orange Healthcare District
INTEREST:
Temporary Construction Easement
PARCEL 713
LEGAL DESCRIPTION
A portion of Lot 3, Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange
County, Florida, lying in Section 29, Township 22 South, Range 28 East,
Being more particularly described as follows:
Commencing at the intersection of the Northerly Right of Way line of Old Winter Garden Road and the Westerly
Right of Way line of Division Avenue; thence NOOo 11'56"E along said Westerly Right of Way line 76.60 feet;
thence departing said Right of Way line S52022' 15"W, 30.67 feet to a point on a line being 50.00 feet northerly
of and parallel with aforesaid Northerly Right of Way line; thence N75028'08"W along said parallel line 537.97
feet to the POINT OF BEGINNING; thence continue N75028'08"W along said line, 48.81 feet; thence
N14031'52"E, 31.75 feet; thence S75028'08"E, 48.81 feet; thence S14031'52"W, 31.75 feet to the POINT OF
BEGINNING.
Containing 1,550 square feet or 0.04 acres, more or less.
OTHER INTERESTS: None
Page 2 of 7
006.286578.1
EXHIBIT "A"
PARCEL NO.
114
OWNER:
West Orange Healthcare District
INTEREST:
Fee Simple Title
PARCEL 114
LEGAL DESCRIPTION
A portion of Lots 30 through 32, Block 12, PARK RIDGE as recorded in Plat Book 0, Page 100 of the Public
Records of Orange County, Florida
Being more particularly described as follows:
Beginning at the intersection of the easterly right of way line of Division Avenue and the Southwesterly corner of
said Lot 32; thence NOoo11 '56"E along said easterly right of way line 76.60 feet; thence leaving said right of way
line S3r38'05"E a distance of 39.49 feet to a point on a line being 50.00 feet northerly of and parallel with the
northerly right of way line of Old Winter Garden Road; thence S75028'08"E along said parallel line 97.17 feet to
a point on the easterly line of said Lot 30; thence S14 031 '52"W along said lot line 50.00 feet to a point on the
said northerly right of way line of Old Winter Garden Road; thence N75028'08"W along said right of way line
109.39 feet to the POINT OF BEGINNING.
Containing 6,092 square feet or 0.14 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 3 of 7
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EXHIBIT "A"
PARCEL NO.
117
OWNER:
West Orange Healthcare District
INTEREST:
Fee Simple Interest
PARCEL 117
LEGAL DESCRIPTION
A portion of Lots 18 and 19, Block 12, PARK RIDGE as recorded in Plat Book 0, Page 100 of the Public
Records of Orange County, Florida
Being more particularly described as follows:
Beginning at the southeasterly corner of said Lot 18, said point being on the northerly right of way line of Old
Winter Garden Road; thence N75028'08"W along said right of way line 50.00 feet to the southwesterly corner of
said Lot 19; thence leaving said right of way line N14 031 '52"E along the westerly line of said Lot 19 a distance
of 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with said right of way line; thence
S75028'08"E along said parallel line 50.00 feet to a point on the easterly line of said Lot 18; thence
S14031'52"W along said lot line 50.00 feet to the POINT OF BEGINNING.
Containing 2,500 square feet or 0.06 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 4 of 7
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EXHIBIT "A"
PARCEL NO.
118
OWNER:
West Orange Healthcare District
INTEREST:
Fee Simple Title
PARCEL 118
LEGAL DESCRIPTION
A portion of Lots 12 through 17, Block 12, PARK RIDGE as recorded in Plat Book 0, Page 100 of the Public
Records of Orange County, Florida
Being more particularly described as follows:
Beginning at a the Southwesterly corner of said Lot 17; thence N 14 031' 52 "E along the westerly line of said Lot
17 a distance of 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with the northerly right
of way line of Old Winter Garden Road; thence S75028'08"E along said parallel line 150.00 feet to a point on the
westerly right of way line of Rowe Avenue; thence S14 031'52"W along said right of way line 50.00 feet to the
southeasterly corner of said Lot 12 also being a point on the northerly right of way line of aforesaid Old Winter
Garden Road; thence N75028'08"W along said right of way line 150.00 feet to the POINT OF BEGINNING.
Containing 7 ,500 square feet or 0.17 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 5 of 7
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EXHIBIT "A"
PARCEL NO.
119
OWNER:
West Orange Healthcare District
INTEREST:
Fee Simple Title
PARCEL 119
LEGAL DESCRIPTION
A portion of Lots 27 through 29, Block 11, PARK RIDGE as recorded in Plat Book 0, Page 100 of the Public
Records of Orange County, Florida
Being more particularly described as follows:
Beginning at a the intersection of the easterly right of way line of Rowe A venue and the northerly right of way
line of Old Winter Garden Road, being the southwesterly corner of said Lot 29; thence N14 031 '52"E along said
easterly right of way line 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with said
northerly right of way line; thence leaving said right of way line S75028'08"E along said parallel line 73.97 feet
to a point on the easterly line of said Lot 27; thence S14 031 '52"W along said lot line 50.00 feet to the
southeasterly corner of said Lot 27, being on the aforesaid northerly right of way of Old Winter Garden Road;
thence N75028'08"W along said right of way line 73.97 feet to the POINT OF BEGINNING.
Containing 3,698 square feet or 0.08 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 6 of 7
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