HomeMy WebLinkAboutResolution 2002-26
RESOLUTION NO. 2002-26
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 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 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 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 the
said land is necessary for public safety and stormwater management, and that the acquisition of
006.278054.1
the said land therein otherwise to be in the public interest of the municipality and the people
thereof; and
WHEREAS, the interest to be acquired, fee simple title, 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:
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Section 1.
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 of the public, and for a public use and purpose, the
legal description of said parcel being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof:
PARCEL NO.
OWNER:
INTEREST:
108
West Orange Commercial Center Homeowner's Association
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 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.
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Section 4. That this Resolution shall become effective immediately upon adoption.
;:i ~
PASSED AND ADOPTED this ~ (lay of &> 6:C611-t0d2.-
, "\
(SEAL)
" I'
FORl:1~EANP ~ELIANCE ONLY BY THE
CITY 'OF, OC6EE,' FLORIDA.
APPROVS]'),AST, ,',0, Z~ AND LEGALITY
THISUDAYbP' , L~W 200~.
FOLEY &~NER ~
By: ~(
Name: Paul E. Rosenthal
Title: City Attorney
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200d.
ADOPTED:
CITY, 0, F O,~E, FLO~9A
By: .5d~ (/~>--
Name: S. Scott Vandergrift __
Title: Mayor
APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON j)t:-C~111 B~ J ;, 200~ UNDER
AGENDA ITEM NO. VIle...
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EXHIBIT "A"
PARCEL NO. 108
OWNER:
WEST ORANGE COMMERCIAL CENTER HOMEOWNER'S
ASSOCIATION
INTEREST: Fee Simple
PARCEL 108
LEGAL DESCRIPTION
A portion of Tract "A", 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 intersection of the Northeast corner of said Tract
"A" and the Southwesterly Right of Way line of Old Winter
Garden Road; thence S43027'54"E along said Right of Way line
183.94 feet; thence departing said Right of Way line,
S89042'52"W along the south line of said Tract A, said line also
being the North line of Pozo Subdivision as recorded in Plat Book
38, Pages 144 and 145 of the Public Records of Orange County,
Florida, a distance of 200.47 feet to the Northwest corner of said
Pozo Subdivision; thence SOoo32'30"E along the west line of said
plat 40.87 feet to the southeasterlymost corner of said Tract A;
thence S89042'52"W along the southerlymost line of said Tract
A, 14.96 feet to the southwesterlymost corner of said Tract A;
thence NOool7'08"W along the west line of said Tract A, 175.00
feet to the northwest corner of said Tract A; thence N89042'52"E
along the north line of said Tract A 89.38 feet to the POINT OF
BEGINNING.
Containing 21,038 square feet or 0.48 acres, more or less.
OTHER INTERESTS: Orange County Tax Collector
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