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Home My WebLink AboutResolution 99-19 RESOLUTION NO. 99-19 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 MAGUIRE 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 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 or 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 Maguire Road Widening 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 of the said lands therein otherwise to be in the public interests of the municipality and the people thereof; and 006.160072 WHEREAS, the interests 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 (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. 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 006.160072 ~ 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: Glenmuir Properties, Ltd. INTEREST: Fee Simple PARCEL No. 103 OWNER: Devworth Development Co., Inc. INTEREST: Fee Simple PARCEL NO. 104 OWNER: Glenmuir Properties, Ltd. INTEREST: Fee Simple PARCEL NO. 105 OWNER: Orange County Cruisers, Incorporated INTEREST: Fee Simple PARCEL NO. 106 OWNER: Colony Plaza Development, Inc. 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. 006.160072 -3- Section 4. That this Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this l.Ia..:ril-day of ~ 0 v eo tv\ h e. '(' 1999. ADOPTED: ATTEST: BCyITY OF 5; 2f~DA By: h(~~tr.N.J .IvM~ ~. Name: Jean Grafton M'-A.l.f\1\ G-a.t:'1i Name: S. Scott Van Title: Clerk ~ ~T x N.G. Cnv CI.EA.I' Title: Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPRQ)'ED AS TO f9RM ANp LEGALITY THIS & DAY OF fVoJfuho 1999. :~LE(J::rt~ Name: Paul E. Rosenthal Title: City Attorney APPROVAL BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ~ D"f,Mh~'C" I~ ' 1999 UNDER AGENDA ITEM NO. \TTI. 2t 006.160072 4 EXlllBIT A PARCEL NO. 101 OWNER: Glenmuir Propenies. Ltd. INTEREST: Fee Simple PARCEL 101 LEGAL DES~IPT1ON: A PARCEL OF" lAND l'l'1NG IN -,,~ S::U""I'~S7 ::.;ARTI:; OF" SEcnCN J2. TOWNSHIP 22 S::;",,; RANGE 28 EAST BEING oESC.QI8EO AS ,OLLOWS: COMMENCE AT THE INTI~SECTlCN cr ':'l-IE EAST RIGHT-Or-WAY LINE OF MAGUIRE ROAD (C.R. #4J9) 'MTH THE SCUTl-i RIGHT-cr-wAY UNE OF' I.lOORE ROAD FOR A paNT OF' REFERENCE: r...lENCE ~UN NORTH 89'47'34. EAST, ALONG SAID SOUtH RIGHT-OF'-WAY L!~E. 10.00 F'EE;; THENCE RUN SOUTH 00"29'40. EAST. PAlRAl1.EL WItH AND 10.00 f'~T EAST ::r SAID EAST RIGHT-OF-WAY LINE OF UACUIRE ROAD. J5.23 r::::; 70 llJE POINT cr BEGINNING: THENCE CONTINUE SOUtH 00"29'40. EAST, ClARALLE'.. 'MTH AND 10.00 F'EET EAST OF' SAID EAST RICHT-OF-WAY LINE. 5.39.63 f'::::~ TO A POINT ON THE SOUTHERLY LINE OF' THE LANDS DESCRIBED IN OFFiCIAL RECOROS BOOK 5~a2. PAGE J07lS. PUBUC RECORDS OF' ORANGE C::UN TY, "~ORJOA. SAID POIN T L YlNG ON A NON- TANGEN T CURVE CONCAVE NORn;E~L Y; Tl-iENCE RUN EASTERLY. ALONG SAID soun; LINE OF' SAID lANDS. AND ALC~G SAlO CURVE HAII1NG A RADIUS LENGtH OF' 575.00 rEET, A CENTRAL ANGlE OF' 00'S9'49', AN ARC LENGtH or 10.DO FEET. A OiORD LENGTH OF' 10.00 r::::i AND A CHORD BEARING OF' NORTH 88'00'21. EAST; THENCE RUN NORn; C0"29'40. WEST. PARALLEL .....TH AND 20.00 f'EEi EAST OF' SAID EAST RIGHi-Qr-WAY U!'1E. 5.39.J7 rEET; THENCE RUN SOUTH 89"30'20. WEST. 10.00 r::::i 7::: niE POINT or BEGINNING. iHE ASOVE DESCRIBED PARCE:. ::- LAND LIES iN T"...E CiTY OF OCOEE, ORANGE CCUSTY, 'LORIOA AND CONTAINS 5.J9~ SCUME =-::::" I~ORE CR LESS. Page 1 of 5 PARCEL NO. 103 OWNER: Devwonh Development Co.. Inc. INTEREST: Fee Simple PARCEL 103 LEGAL. DESr:R1PTtON: A PARCEl. :~ ~AND l'l'1NG IN Tl-lE SOUTHWEST OUARTER OF" ~:::::7:::N ,32. 7::'NNSHIP 22 SOUTH, RAPIlCE Z5 EAST BElNG OESCRIBED AS fOLLOWS: ::OIolIolENCE AT THE INTERSECTlON OF' THE EAST RGHT-Or-WAY wNE Of LlAGUIRE ROAD (C.R. #4J9) 'MTH f..E SOUTH 'liGHT-Of"-WAY LINE OF MOORE ROAD fOR A POINT C, RErERENCE: 7i-IENCE RUN SOUTH 00"29'40. EAST. ALONG SAIO EAST 'lIGHT-Of"-WAY LINE OF' MAGUIRE ROAD. 575.00 fE::T ~O A POINT ON THE NORTHERLY LINE OF' THE LANDS DESCRIBED iN DmOAl 'lECORDS BOOK 5582, PAGE 3080, SAID POINT L'r.NG ON A ~ON-TANCENT CURVE CONCAVE NORtHERL Y; ~..;ENCE RUN EASTERLY ALDNG SAID CURVE. HAVING A RAQlUS LENGTH or 575.00 FIET. A CENTRAL ANGLE OF" 00'59'47., AN ARC LENGTH OF' 10.00 FEET. A CHORD LENGTH Or 10.00 FET AND A CH~D SEARING OF' NORtH e9'00'09. EAST TO THE POINT OF 3EClNNING: THENCE CONnNUE EASTERLY ALONG SAID CUR~. HA..,NG A RADIUS LENGtH Of 575.00 FEET. A CENTRAL ANGLE OF' 0Cl'S9'49.. AN ARC LENGtH OF' 10.00 FEET. A CHORD LENGtH OF' 10.00 FrET AND A CHORD BEARING OF NORTH 88'00'21. EAST: THENCE RUN SOUtH 00"29'40. EAST, PARALLEl.. 'MTH AND 20.00 rEET EAST OF' SAID EAST RIGHT-or-WAY LINE. 7~6.26 '!tT TO THE SOUTH LINE or THE NORTH HALf or SAID SOUTHWEST OUARTER OF SECTION 32 AND we: SOUTH LINE Or SAID lANDS DESCRIBED IN OFFICIAL RECORDS :lOOK 5582. PAGE 3:J80: THENCE RUN SOUtH 89'39'54. WEST, ALONG SAID SOUTH LINE OF THE NORTH HALF' Or THE SOUTH~ST C;JARTER Or SEcnON 32 AND SAID SOUtH LINE OF T,.,E LANDS CESCRiaED 'N omOAL RECORDS BOOK 5582. PAGE .3080. A DiSTANCE OF ~O.OO F'EET: THENCE RUN NORtH 00"29'40. \Ir'::ST. PARAU.EL 'MlM AND 10.00 F'EET EAST OF' SAID EAST RIGHT-Cr-lliAY UNE. 715.97 fEET TO THE POINT OF BEGINNING. THE ABOVE JESCRI8ED PARCEL OF LAND LIES IN Tl-lE CITY C!" C:::lE:E. ORANGE COUNTY, FlORIDA ""0 :::JNTAlNS 7161 SQUARE F'EET. MORE OR LESS. OTHER INTERESTS: Gordon S, Nun, as Trustee: Mongage Page 2 of 5 PARCEL NO. 104 OWNER: Glenmuir Properties, Ltd. INTEREST: Fee Simple PARCEL 104 LEGAL DESCRIPnON: A PARCD.. OF LAND L YtNG IN THE SOUTHEAST OUARTER OF SECnON 37. TOWNSHIP 22 SOUTH. RANGE 28 EAST. BEING DESCRIBED AS FOLLOWS: COMMENCE A T THE INTERSECnON OF THE SOUTH RIGHT-OF - WA Y UNE OF ROBERSON ROAD WITH THE ~ST RIGHT-OF-WAY UNE OF MAGUIRE ROAD (C,R. j4J9) FOR A POINT OF REFERENCE; THENCE RUN SOUTH 89"28'25- ~ST. ALONG SAID SOUTH RIGHT-OF-WAY UNE OF ROBERSON ROAD. 40,00 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 45.30'36- EAST, 28,28 FEU TO A POINT BEING 20,00 FEIT SOUTH OF. AS MEASURED PERPENDICULAR TO. SAID SOUTH RIGHT-OF-WAY UNE OF ROBERSON ROAD; THENCE RUN SOUTH 89"28025- ~ST. PARALLEL WITH SAID SOUTH RIGHT-OF-WA Y UNE. 381,65 FEU; THENCE RUN NORTH 00031'35- ~ST. 20,00 FeET TO SAID SOUTH RIGHT-OF-WA Y UNE OF ROBERSON ROAD; THENCE RUN NORTH 89"28'25- EAST. ALONG SAID SOUTH RIGHT-OF-WA Y UNE. 367.66 FEET TO THE POINT OF BEGINNING. THE ABOV!' DESCRIBED PARCEL OF LAND UES IN ORANGE COUNTY, FLORIDA AND CONTAINS 74J4 SQUARE FeET, MORE OR LESS. Page 3 of 5 PARCEL NO. 105 OWNER: Orange County Cruisers, Incorporated INTEREST: Fee Simple PARCEL 105 THE EAST JSO FrET OF THE FOLLO'MNG OESCR/BED PARCEL: NORTH ONE-QUARTER (N 1/4) OF SOUTHEAST QUARTER (SE 1/4) OF NORTHEAST QUARTER (NE 1/4) OF SEcnCJN Jl. TOM/SH/P 22 SOUTH. RANGE 28 EAST. LESS THE NORTH 167.6 FEET THEREOF AND LESS THE EAST 40 FEET THEREOF FOR ROAD R/GHT-OF-WA Y AND LESS THE SOUTH "5 FEET OF THE HEST 150 FEET OF THE EAST 190 FEET THEREOF. OTHER INTERESTS: Roben L. & Patricia L. Johnson: Option to Repurchase Page 4 of 5 PARCEL NO. 106 OWNER: Colony Plaza Development. Inc, INTEREST: Fee Simple PARCEL 106 Leeal Descriotion: Nonh 309.81 feet of SE l/~ of NE ~ of Section 30, Township 22 South, Range 28 East (LESS: the road right-of-way for Maguire Road). Orange County Florida, Page 5 of 5