HomeMy WebLinkAboutResolution 2003-03
RESOLUTION NO. 2003-03
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQillSITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO FEE TITLE, LOCATED GENERALLY
ALONG 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, 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 of Ocoee finds a public need and
necessity exists to acquire the lands 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 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
006.282642.1
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
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 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.
006.282642.1
2
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 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:
116
Sophie Madura, as Trustee
Fee Simple Title
PARCEL NO.
OWNER:
INTEREST:
125
Louis R. Seybold
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 to 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.
006.282642.1
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Section 4. That this Resolution shall become effective immediately upon adoption.
}
PASSED AND ADOPTED this ~ day of Ft::::'8~ u ;y(Ltr 2003.
ADOPTED:
By:
Name:
Title:
CITY OF OCOEE, FLORID} J
By:-:;;>;:$56&~ ((-
Name: S. Scott Vandergrift ,.......
Title: Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPROVED AS TO ~M. AND LEGALITY
THIS!t DAY OF fllti('! 2003.
:~LEY {Y:JJII4J
Name: Paul E. Rosenthal
Title: City Attorney
APPROV AL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON .Fe.brua-,~ Lf , 2003 UNDER
AGENDA ITE NO. \j J I c..
006.282642.1
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EXHIBIT "A"
PARCEL NO.
116
OWNER:
Sophie Madura, as Trustee
INTEREST:
Fee Simple Title
PARCEL 116
LEGAL DESCRIPTION
A portion of Lot 20 through Lot 23, 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 20, 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 100.00 feet to the southwesterly corner
of said Lot 23; thence leaving said right of way line N14 031 '52"E along the westerly line of said Lot 23 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 100.00 feet to a point on the easterly line of said Lot 20; thence
S1403l '52"W along said lot line 50.00 feet to the POINT OF BEGINNING.
Containing 5,000 square feet or 0.11 acres, more or less.
OTHER INTERESTS:
Orange County Tax Collector
Page 1 of 2
006.282642.1
EXHIBIT "A"
PARCEL NO.
125
OWNER:
Louis R. Seybold
INTEREST:
Fee Simple Title
PARCEL 125
LEGAL DESCRIPTION
A portion of Lot 29, Lakeview Heights as recorded in Plat Book E, Pages 32, 39 and 40 of the Public Records of
Orange County, Florida, lying in Section 28, Township 22 South, Range 28 East, Orange County, Florida
Being more particularly described as follows:
BEGINNING at the intersection of the Southerly Right of Way line of Old Winter Garden Road and the Westerly
line of said Lot 29 and the Easterly line of Falcon Point, A Replat as recorded in Plat Book 39, Pages 98 and 99
of the Public Records of Orange County, Florida; thence along said Southerly Right of Way line the following
two courses: S49025'47"E, 74.41 feet; thence S430l5'55"E, 416.96 feet a the point on the arc of a non-tangent
curve concave southeasterly, being on the Northerly Right of Way line of the East West Expressway as shown on
the Orlando-Orange County Expressway Authority Right of Way Map, Section 75008-6450-501/502, having a
radius of 5,879.58 feet, a central angle of 03046'36" and a chord of 387.49 feet that bears S60046' lO"W; thence
southwesterly along the arc of said curve, 387.56 feet to a point on the easterly line of said Falcon Point, A
Replat; thence along said easterly line the following two courses; Noo028'44"W 446.96 feet; thence
NOoo14'58"W, 94.30 feet to the POINT OF BEGINNING.
Containing 92,824 square feet or 2.13 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
Page 2 of 2
006.282642.1