HomeMy WebLinkAboutResolution 2000-10
RESOLUTION NO. 2000-10
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
WITffiN PIONEER KEY II MOBILE HOME PARK;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the 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 lands 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
drainage and stormwater management purposes, said drainage and stormwater management
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 Pioneer Key II
Drainage Improvement Project ("the Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of the
said lands are necessary for public safety, drainage, and stormwater management, and that the
006.192273
acquisition of the said lands therein otherwise to be in the public interests of the municipality
and the people thereof; and
WHEREAS, the interests to be acquired, fee simple title, 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 (1999); and
WHEREAS, the City Commission of the City of Ocoee finds it its necessary for
drainage and stormwater management purposes that the City acquire a fee simple interest in
the property identified and described in the attached Exhibit "A," said acquisition being for
drainage and stormwater management 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.
006.192273
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 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.: 1
OWNER: Sam Zalloum, as Trustee
INTEREST: Fee Simple
PARCEL NO.: 2
OWNER: Estate of Sherill Ray Harper, as to an undivided 1/2 interest and Ray
Harper Trust Agreement, as to an undivided 1/2 interest
INTEREST: Fee Simple
PARCEL NO.: 3
OWNER: Estate of Sherill Ray Harper, as to an undivided V2 interest and Ray
Harper Trust Agreement, as to an undivided 1/2 interest
INTEREST: Fee Simple
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
006.192273
3
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 l"t l!day of & rrt./rJAC-1< 2000.
ADOPTED:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPROVED AS TO ~ND LEGALITY
THIS 1i DAY OF bcr 2000.
FOLEY & LARDNER
By: ---1~) I&vJtJ
Name: Paul E. Rosenthal
Title: City Attorney
APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ~~Pfbt16c(<' /9 ,2000 UNDER
AGENDA ITEM NO. n:J; :J.
006.192273
4
EXffiBIT A
PARCEL NO.: 1
OWNER: Sam Zalloum, Trustee
INTEREST: Fee Simple
PARCEL 1
LEGAL DESCRIPTION:
Lot 10, Block H, PIONEER KEY PARK SECTION TWO,
according to the plat thereof as recorded in Plat Book 7, Page
145, of the Public Records of Orange County, Florida.
OTHER INTERESTS:
John Vosilla: Mortgage
Julie A. Baker: Mortgage
City of Ocoee: Claims of Lien
Estate of John W. Skiffington: Possible ownership interest
Ocoee Mobile Homes: Possible ownership interest
Clifford R. Freeman: Possible ownership interest
Earl K. Wood, Tax Collector: Ad valorem property taxes
Page 1 of 3
EXffiBIT A
PARCEL NO.: 2
OWNER: Estate of Sherill Ray Harper, as to an undivided V2 interest and Ray
Harper Trust Agreement, as to an undivided 1/2 interest
INTEREST: Fee Simple
PARCEL 2
LEGAL DESCRIPTION:
Lot 2, Block G, PLAT OF PIONEER KEY PARK, SECTION
TWO, according to the plat thereof as recorded in Plat Book 7,
Page 145, of the Public Records of Orange County, Florida.
OTHER INTERESTS:
City of Ocoee: Claims of Lien
Estate of Laura Gail Harper: Possible ownership interest
Earl K. Wood, Tax Collector: Ad valorem property taxes
Page 2 of 3
EXHIBIT A
PARCEL NO.: 3
OWNER: Estate of Sherill Ray Harper, as to an undivided V2 interest and Ray
Harper Trust Agreement, as to an undivided 1/2 interest
INTEREST: Fee Simple
PARCEL 3
LEGAL DESCRIPTION:
Lot 3, Block G, PLAT OF PIONEER KEY PARK, SECTION
TWO, according to the plat thereof as recorded in Plat Book 7,
Page 145, of the Public Records of Orange County, Florida.
OTHER INTERESTS:
City of Ocoee: Claims of Lien
Estate of Laura Gail Harper: Possible ownership interest
Earl K. Wood, Tax Collector: Ad valorem property taxes
Page 3 of 3