HomeMy WebLinkAboutResolution 2003-08
RESOLUTION NO. 2003-08
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
006.286408.1
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
006.286408.1
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:
Section 2.
113
Richard S. Bruce and Mary Bruce
Fee Simple Title
711
Richard S. Bruce and Mary Bruce
Temporary Construction Easement
115
Leonard A. Potter and Marie Potter
Fee Simple Title
122
Clifton C. Bowers and Lillie B. Bowers
Fee Simple Title
123
Clifton C. Bowers and Lillie B. Bowers
Fee Simple Title
124
Clifton C. Bowers and Lillie B. Bowers
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 and temporary construction
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."
006.286408.1
3
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 l1Jt-lC/J
2003.
::.~ ~
N~e: Jean Gra n
Title: Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPRrjED AS TO Fj)R~ND LEGALITY
THIS DA Y OF fL,tl 2003.
:~LEYp;~
Name: Paul E. Rosenthal
Title: City Attorney
APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON Molt t. C/.J " , 2003 UNDER
AGENDA ITEM NO. fJI E f
4
006.286408.1
EXHIBIT" A"
PARCEL NO.
113
OWNER:
Richard S. Bruce and Mary Bruce
INTEREST:
Fee Simple Title
PARCEL 113
LEGAL DESCRIPTION
A portion of the Northeast 1/4 of Section 29, Township 22 south, Range 28 East,
Orange County, Florida
Being more particularly described as follows:
Commencing at the Southwest corner of the SE 1/4 of the NE 1/4 of said Section
29; thence NOoo02'24"W along the West line of said SE 1/4 of the NE 1/4 a
distance of 979.40 feet to a point on the South line of lands described in
Official Records Book 1816, Page 076; thence S75017'24"E along said South line
62.04 feet to a point on the East right of way line of Blackwood A venue as described
in said Official Records Book 1816, Page 76 of the Public Records of Orange County,
Florida; thence NOoo02'24"W along said right of way line 257.80 feet to the
POINT OF BEGINNING; thence continue NOoo02'24"W along said right of way line
42.38 feet to a point on the Southerly right of way line of Old Winter Garden Road;
thence S79000'05"E along said right of way line 55.16 feet to the point on the arc
of a non-tangent curve concave to the south having a radius of 852.94 feet,
a central angle of 03032'04" and a chord of 52.61 feet that bears S77014'06"E;
thence southeasterly along the arc of said curve, 52.62 feet to a point of tangency;
thence S75028'08"E a distance of 88.23 feet to a point on the east line of lands
described in Official Records Book 3304, Page 1495 of the Public Records of Orange
County, Florida; thence leaving said right of way line SO 1 002 '36 "W along said east
line 2.21 feet to the point on the arc of a non-tangent curve concave to the south
having a radius of 2,031.00 feet, a central angle of 04042'10" and a chord of
166.66 feet that bears N80027' 14"W; thence northwesterly along the arc of said
curve, 166.70 feet; thence S48020'34"W a distance of 35.39 feet to the
POINT OF BEGINNING.
Containing 2,047 square feet or 0.05 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 1 of 6
006.286408.1
EXHIBIT "A"
PARCEL NO.
711
OWNER:
Richard S. Bruce and Mary Bruce
INTEREST:
Temporary Construction Easement
PARCEL 711
LEGAL DESCRIPTION
A portion of the Northeast 1/4 of Section 29, Township 22 south, Range 28 East,
Orange County, Florida
Being more particularly described as follows:
Commence at the Southwest corner of the Southeast 1/4 of the Northeast 1/4 of said Section 29; thence
NOoo02'27"W along the West line of said Southeast 1/4 of the Northeast 1/4 a distance of 984.28 feet to a point
on the South line of the lands described in Official Records Book 1816, Page 076; thence S75017'24"E along said
South line, 62.14 feet to a point on the East Right-of-Way line of Blackwood Avenue as described in said Official
Record Book 1816, Page 076 of the Public Records of Orange County, Florida; thence continue along said South
line S75017'24E, a distance of 191.47 feet to the East line of lands described in Official Record Book 3304, Page
1495 of the Public Records of Orange County, Florida; thence N01 002'36"E along said East line a distance of
297.18 feet to the point on the arc of a non-tangent curve concave to the South having a radius of 2,031.00 feet, a
central angle of 00013'12" and a chord of 7.80 feet that bears N78012'45"W; thence Northwesterly along the arc
of said curve 7.80 feet to the POINT OF BEGINNING; thence Sl1 022'02"E, a distance of 5.00 feet; thence
N78037'59"W, a distance of 22.00 feet; thence Nil 022'02"E, a distance of 5.00 feet to the point on the arc of a
non-tangent curve concave to the South having a radius of 2,031.00 feet, a central angle of 00037' 14" and a chord
of 22.00 feet that bears S78 037' 58"E; thence Southeasterly along the arc of said curve 22.00 feet to the POINT
OF BEGINNING.
Containing 110 square feet more or less.
OTHER INTERESTS: None
Page 2 of 6
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EXHIBIT "A"
PARCEL NO.
115
OWNER:
Leonard A. Potter and Marie Potter
INTEREST:
Fee Simple Title
PARCEL 115
LEGAL DESCRIPTION
A portion of Lots 24 through 29, 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 southwesterly corner of said Lot 29, also being a point on the northerly right of way line of Old
Winter Garden Road; thence N14031 '52" E along the westerly line of said Lot 29 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 150.00 feet to a point on the easterly line of said Lot 24; thence S14031 '52"W along said lot line
50.00 feet to the southeasterly corner of said Lot 24 and the said northerly right of way line of 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 3 of 6
006.286408.1
EXHIBIT "A"
PARCEL NO.
122
OWNER:
Clifton C. Bowers and Lillie B. Bowers
INTEREST:
Fee Simple Title
PARCEL 122
LEGAL DESCRIPTION
A portion of Lot 20 and 21, 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 southeasterly corner of said Lot 20, 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 21; thence leaving said right of way line N14 031 '52"E along the westerly line of said Lot 21 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 20; 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 6
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EXHIBIT" A"
PARCEL NO.
123
OWNER:
Clifton C. Bowers and Lillie B. Bowers
INTEREST:
Fee Simple Title
PARCEL 123
LEGAL DESCRIPTION
A portion of Lot 18 and 19, 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 southeasterly corner of said Lot 18, 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 5 of 6
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EXHIBIT "A"
PARCEL NO.
124
OWNER:
Clifton C. Bowers and Lillie B. Bowers
INTEREST:
Fee Simple Title
PARCEL 124
LEGAL DESCRIPTION
A portion of Lots 14 through 17, 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 17; thence N14 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 aforesaid right of way line; thence S75028'08"E
along said parallel line 88.26 feet; thence N52014'04"E a distance of 30.58 feet to a point on the westerly right of
way line of Arlington Avenue and the easterly line of said Lot 14; thence SOoo03'41 "E along said line 55.97 feet
to a point of curvature of a curve concave Northwest having a radius of 16.00 feet, a central angle of 104 035'33"
and a chord of 25.32 feet that bears S520 14' 06" West to the aforesaid right of way line of Old Winter Garden
Road; thence N75028'08"W along said right of way line 105.58 feet to the POINT OF BEGINNING.
Containing 6,194 square feet or 0.14 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 6 of 6
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