HomeMy WebLinkAboutResolution 2000-09
RESOLUTION NO. 2000-09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO, FEE TITLE LOCATED GENERALLY
ALONG PROFESSIONAL PARKWAY; 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 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
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 lands are necessary for public safety and stormwater management, and that the acquisition
006.179220.1
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 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.
006.179220.1
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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.: 101
OWNER: Frank Casserino
INTEREST: Fee Simple
PARCEL NO.: 102
OWNER: National Developers, Ltd.
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
jurisdiction, such portion and such holding shall not affect the validity of the remaining portion
hereto.
006.179220.1
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Section 4. That this Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this /1 ~day of &PT&1k86-te. 2000.
ADOPTED:
ATTES
CITY OF OCO~E, FL?fDA .
By: ::5:Sx\ U~
Name: S. Scott Vandergrl
Title: Mayor
By:
Name:
Title:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPROVED AS TO :sqr AN~GALITY
THIS 15- DA Y OF )fe.1., 2000.
FOLEY WRDNER
By: rf~ ? flh,:fhI
Name: Paul E. Rosenthal
Title: City Attorney
APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON Ss Pr6nt/3tft J", 2000 UNDER
AGENDA ITEM NO.$ 1-1
006.179220.1
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EXHIBIT A
PARCEL NO.: 101
OWNER: Frank Cas serino
INTEREST: Fee Simple
PARCEL 101
LEGAL DESCRIPTION:
Lot 1, POZO SUBDIVISION, according to the plat thereof as
recorded in Plat Book 38, Pages 144 and 145, of the Public
Records of Orange County, Florida.
OTHER INTERESTS:
Bankfirst: Mortgage
Associated General Contractors Self-Insurers' Fund: Judgment Lien
National Developers, Ltd.: Ingress and Egress Easement
Earl K. Wood, Tax Collector: Ad valorem property taxes
Page 1 of 2
EXHIBIT A
PARCEL NO.: 102
OWNER: National Developers, Ltd.
INTEREST: Fee Simple
PARCEL 102
LEGAL DESCRIPTION:
Lot 2, POZO SUBDIVISION, according to the plat thereof as
recorded in Plat Book 38, Pages 144 through 145, of the Public
Records of Orange County, Florida.
OTHER INTERESTS:
Frank Cas serino : Ingress and Egress Easement
Earl K. Wood, Tax Collector: Ad valorem property taxes
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