HomeMy WebLinkAboutResolution 99-07
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A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUI TION BY EMINENT
DOMAIN OF PROPERTY, IN LUDING BUT N
LIMITED TO FEE TITLE, LO ATED GENE
WITHIN THE MAGUIRE ROAD OBERSON
INTERSECTIONS AND ALONG AGUlRE
PROVIDING FOR SEVERABILITY; PROVID
EFFECTIVE DATE.
RESOLUTION NO. 99-07
WHEREAS, the City Commission of the City of Oco
the future development of the City of Ocoee; and
WHEREAS, the City Commission of the City 0
Resolution pursuant to Article VIII of the Constituti
Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee finds
necessity exists to acquire, by emine domain, fee simple title to the Ian s described in
Exhibit "A" attached hereto and inc rporated hereby by reference; and
WHEREAS, the City mmission of the City of Ocoee finds
necessity exists to acquire t lands in fee simple title described in Exhibit "A" Ii reto for
public street/road purpo s in connection with the design, engineering, constructio , and
development of the guire Road/Roberson Road/Moore Road Intersection Improvement and
Maguire Road Wi ning Project ("the Project"); and
WHE AS, the City Commission of the City of Ocoee finds that the acquisition of the
said lands are necessary for public safety, and that the acquisition of the said lands therein
otherwise to be in the public interests of the municipality and the people thereof; and
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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 (1997); and
WHEREAS, the City Commission of the City of Ocoee finds it is necessary for public
street/road purposes 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 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 any 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
determined to be, necessary, in the best interest of the public and for a public use and purpose,
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the legal descriptions of said parcels being more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof:
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."
Section 3. That if any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason held invalid or unconstitutional by any 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.
Section 4. That this Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this _ day of
1999.
ATTEST:
ADOPTED:
CITY OF OCOEE, FLORIDA
By:
Name: S. Scott Vandergrift
Title: Mayor
By:
Name: Jean Grafton
Title: Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF 1999.
FOLEY & LARDNER
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 1999 UNDER
AGENDA ITEM NO.
By:
Name: Paul E. Rosenthal
Title: City Attorney
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EXHmlT A
PARCEL NO. 101
OWNER: Glenmuir Properties, Ltd.
INTEREST: Fee Simple
PARCEL 101
LEGAL DESal1PT1ON:
A PARCEL Of' LANO L'l1NG IN THE SOUTHWEST QUARTER Of' SECTION 32. TOWNSHIP 22 SOUTH,
RANGE 28 EAST BEING DESCRIBED AS FOU.OWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-Of-WAY LINE OF MAGUIRE
ROAD (C.R. '439) WITH THE SOUTH RIGHT-Of-WAY LINE Of lAOORE ROAO fOR A
POINT Of REFERENCE; THENCE RUN NORTH 89'47'34. EAST, ALONG SAID
SOUTH RIQiT-QF-WAY LINE. 10.00 FEET; THENCE RUN SOUTH 00'29'40. EAST.
PARALL.EL WITH AND 10.00 fEET EAST Of SAID EAST RIGHT-Of-WAY LINE Of
MAGUIRE ROAD, 35.23 f'EET TO THE POINT Of BEGINNING: THENCE CONTlNUE
SOUTH 00'29'40. EAST, PARALLEL WITH AND 10.00 fEET EAST OF SAID EAST
R1QiT-QF-WAY LINE, 539,63 f'EET TO A POINT ON THE SOUTHERLY LINE Of' THE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5582, PAGE 3075. PUBLIC
RECORDS Of ORANCE COUNTY, FLORIDA, SAID POINT LYING ON A NON-TANGENT
CURVE CONCAVE NORTHERLY: THENCE RUN EASTERLY, ALONG SAID SOUTH LINE
Of' SAID LANDS. AND ALONG SAID CURVE HAVING A RADIUS LENGTH Of 575.00
FEET. A CENTRAL ANGLE Of 00'59'49., AN ARC LENGTH Of 10.00 FEET, A
CHORD LENGTH Of 10.00 FEET AND A CHORD BEARING Of' NORTH 88'00'21.
EAST: THENCE RUN NORTH 00'29'40. WEST, PARALLEL WITH AND 20.00 FEET
EAST Of SAID EAST RIGHT-OF-WAY LINE, 539.37 FEET: THENCE RUN SOUTH
89030'20. WEST, 10.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY Of' OCOEE. ORANGE COUNTY,
FLORIDA AND CONTAINS 5,395 SQUARE FEET, MORE OR LESS.
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PARCEL NO. 102
OWNER: Glenmuir Properties, Ltd.
INTEREST: Fee Simple
PARCEL 102
LEGAL DESalJPT1ON:
A PARCEL Of LANO LYING IN THE SOUTHWEST C:.JARTER OF' SECTlON 32, TOWNSHIP 22 SOUTH,
RANGE 28 EAST BEING DESCRIBED AS F'OLL.CWS:
CO....ENCE AT THE INTERSECTION Of THE EAST RIGHT-OF-WAY LINE Of ..AGUIRE
ROAD (C.R. 6439) WITH THE SOUTH RIGHT-Of-WAY LINE OF' "OORE ROAD F'OR
THE POINT OF REFERENCE; THENCE RUN NORTH 89'47'34" EAST, ALONG SAID
SOUTH RIGHT-Of-WAY LINE, 10.00 f'EET TO THE POINT Of BEGINNING; THENCE
CONTlNUE NORTH 89047'34" EAST, ALONG SAID SOUTH RIGHT-OF-WAY
L1NE.45.18 fEET TO THE POINT Of CUSP OF' A CURVE CONCAVE SOUTHEASTERLY:
THENCE RUN SOUTHWESTERLY. ALONG SAID CURVE. HAVING A RADIUS LENGTH
OF 35.00 FEET, A CENTRAL ANGLE OF 90,T14", AN ARC LENGTH OF 55.15
FEET, A CHORD LENGTH Of 49.62 FEET AND A CHORD BEARING Of SOUTH
<<038'57" WEST TO THE POINT OF TANGENCY, SAID POINT BEING 20.00 FEET
EAST OF, AS MEASURED PERPENDICULAR iO, THE AFORESAID EAST
R1QiT-OF-WAY LINE Of MAGUIRE ROAD; THENCE RUN SOUTH 89'30'20"
WEST, 10.00 FEET TO A POINT BEING 10.00 FEET EAST OF, AS MEASURED
PERPENDICULAR TO, SAID EAST RIGHT-OF-WAY LINE Of ..AGUIRE ROAD: THENCE
RUN NORTH 00'29'40" WEST, PARALLEL WITH AND 10.00 F"EET EAST Of SAID
EAST RIGHT-OF-WAY LINE, 35.23 fEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN THE CITY Of OCOEE, ORANGE COUNTY,
FLORIDA AND CONTAINS 618 SQUARE fEET, MORE OR LESS.
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PARCEL NO. 103
OWNER: DevworthDevelopment Co., Inc.
INTEREST: Fee Simple
PARCEL 103
LEGAL DESCRIPT1ON:
A PARCEL OF LAND LYING IN THE SOUTHWEST OUARTER OF SECTION 32, TOWNSHIP 22
SOUTH, RANGE 28 EAST BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTlON OF THE EAST RIGHT-OF-WAY
LINE OF MAGUIRE ROAD (C.R. 1439) WlTH THE SOUTH
RIGHT-OF-WAY LINE OF MOORE ROAD FOR A POINT OF REfERENCE:
THENCE RUN SOUTH 00'29'40. EAST, ALONG SAID EAST
RIGHT-Of-WAY LINE OF MAGUIRE ROAD, 575.00 FEET TO A POINT
ON THE NORTHERLY LINE OF THE ~DS DESCRIBED IN OFFICIAL
RECORDS BOOK 5582, PAGE 3080. SAID POINT LYING ON A
NON-TANGENT CURVE CONCAVE N~THERLY: THENCE RUN
EASTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH Of'
575.00 FEET, A CENTRAL ANGLE cr 00'59'47", AN ARC
LENGTH OF 10.00 FEET, A CHORD LENGTH OF 10.00 FEET AND A
CHORD BEARING OF NORTH 89'00"09" EAST TO THE POINT Of
BEGINNING: THENCE CONTINUE EASiER!. Y ALONG SAID CURVE.
HAVING A RADIUS LENGTH Of 575.00 FEET, A CENTRAL ANGLE Of
00'59'49", AN ARC LENGTH OF 10.00 FEET, A CHORD LENGTH
Of 10.00 FEET AND A CHORD BEARING Of NORTH 88"00'21"
EAST: THENCE RUN SOUTH 00'29"40. EAST, PARALLEl. WITH
AND 20.00 FEET EAST OF SAID EAST RIGHT-Of-WAY LINE, 716.26
FEET TO THE SOUTH LINE Of THE NORTH HALF OF SAID
SOUTHWEST QUARTER OF SECTION 32 AND THE SOUTH LINE Of
SAID LANDS DESCRIBED IN OfFICIAL RECORDS BOOK 5582. PAGE
3080; THENCE RUN SOUTH 89'39'54" WEST. ALONG SAID
SOUTH LINE OF THE NORTH HALF OF' THE SOUTHWEST QUARTER
Of SECTION 32 AND SAID SOUTH lJNE OF THE LANDS DESCRIBED
IN OFfiCIAL RECORDS BOOK 5582. ?AGE 3C8D, A DISTANCE OF
10.00 FEET; THENCE RUN NORTH 00"29'40. WEST, PARALLEL
WITH AND 10,00 fEET EAST OF SAID EAST RIGHT-Of-WAY LINE,
715.97 FEET TO THE POINT OF BEG:NNING.
THE ABOVE DESCRIBED PARCEL Of LAND LIES IN rrlE CITY OF ceOEE, ORANGE COUNTY,
FLORIDA AND CONTAINS 7161 SQUARE FEET, MORE ~ LEss.
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PARCEL NO. 104
OWNER: Wingfield Reserve Corporation
INTEREST: Fee Simple
PARCEL 104
LEGAL DESalIPT1ON:
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTlON 31, -:-OWNSHIP
22 SOUTH, RANGE 28 EAST, BEING DESCRIBED AS fOLLOWS:
COMUENCE AT THE INTERSECTION Of THE SOUTH RIGHT-OF-WAY LINE
Of ROBERSON ROAD WITH THE WEST RIGHT-Of-WAY LINE Of MAGUIRE
ROAD (C.R. 1439) FOR THE POINT OF BEGINNING; THENCE RUN SOUTH
00'29'40. EAST, ALONG SAID WEST RIGHT-OF -WAY LINE OF MAGUIRE
ROAD, 40.00 fEET; THENCE RUN NORTH 45'.30'.36- WEST. 28.28 FEET
TO A PONT BEING 20.00 FEET SOUTH Of, AS MEASURED
PERPENDICULAR TO, THE AFORESAID SOUTH RIGHT-Of-WAY liNE OF
ROBERSON ROAD: THENCE RUN SOUTH 89'28'25" WEST, PARALLEL
WITH SAID SOUTH RIGHT-Of-WAY LINE, 381.65 fEET: THENCE RUN
NORTH 00"31'35. WEST, 20.00 FEET TO SAID SOUTH RIGHT-OF-WAY
LINE: THENCE RUN NORTH 89'28'25" EAST, ALONG SAID SOUTH
RIGHT-OF-WAY LINE, 401.66 FEET TO THE POINT Of BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA AND
CONTAINS 8234 SQUARE FEET, MORE OR LESS.
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