HomeMy WebLinkAboutItem #11 Approval of Bluford Avenue Drainage Project Resolution for Acquisition by Eminent Domain - Brown Property OCOPP
florida
AGENDA ITEM COVER SHEET
Meeting Date: March 17, 2015
Item #
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Subject: Bluford Avenue Drainage Project Resolution for Acquisition by E inent Domain —
Brown Property. Commissioner Johnson, District 3.
Background Summary:
The City Commission approved the acquisition of right of way required for the Bluford Avenue
Stormwater Project at the November 19, 2013 meeting, authorizing the Attorney to make the statutorily
required pre- condemnation offer letters at the appraised values and then proceed to eminent domain.
Ms. Karen Brown, Parcels 101 & 701, had agreed to accept the appraised values for both parcels
totaling $7,310.00. The Commission approved the Purchase Agreement for said parcels at the March
4, 2014 meeting authorizing the Attorney to complete the subsequent closing actions with the property
lien holders. Since the last Commission action on this property, one of the lien holders has foreclosed
on the property and is no longer willing to participate in the purchase agreement. The Attorney has
recommended proceeding with the eminent domain process to acquire these two (2) final remaining
parcels required for the project.
Public Works is requesting the City Commission approve the Resolution relating to the acquisition by
eminent domain for the Brown Parcels 101 & 107. In conjunction with the Resolution, the required
property survey and updated property appraisal have been authorized by Public Works to proceed
concurrently. The Attorney is preparing to file suit immediately following receipt of the required
documents which are currently scheduled for completion by the second week in April. The Order of
Taking will be approximately 60 days from filing and is dependent on the volume of actions filling the
docket. Following the Order of Taking, the City can take possession of the property as soon as we
deposit the good faith estimate of value and the bidding process can proceed.
Public Works recommends the Commission approve the attached Resolution in order to complete the
property acquisition phase of the project. This is the last acquisition required for the project and the only
property requiring condemnation. The property acquisition is adequately funded in the project budget.
Issue:
Request the City Commission approve a Resolution relating to the acquisition by eminent domain of the
Brown Parcels 101 & 107 required to construct the Bluford Avenue Stormwater project from Columbus
Street to 7 Street.
Recommendations:
Recommend approval of the Resolution relating to the acquisition by eminent domain of the Brown
Parcels 101 & 107 required to construct the Bluford Avenue Stormwater project from Columbus Street
to 7 Street.
Attachments:
Proposed Resolution.
Financial Impact:
The property acquisition is adequately funded in the Stormwater Division budget for the project.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
X Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
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RESOLUTION NO. 2015 -
RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE
ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT
NOT LIMITED TO FEE TITLE, LOCATED GENERALLYALONG BLUFORD
AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the stormwater
and drainage utility 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 lands described in Exhibit "A" hereto for stormwater and drainage utility
purposes, said stormwater and drainage utility 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 Bluford Avenue Stormwater and Utility Improvement Project (the
"Project "); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said
lands is necessary for stormwater management, and that the acquisition of said lands therein
otherwise to be in the public interest of the municipality and the people thereof; and
WHEREAS, the interest to be acquired, 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
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faith to construct the Project on or over the described property in accordance with Section
73.021 (6), Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee finds it necessary for 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 stormwater and drainage utility 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 REOLVED 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, 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: Karen H. Brown
INTEREST: Right of way
PARCEL NO. 701
OWNER: Karen H. Brown
INTEREST: Temporary Construction Easement
Section 2. That the appropriate officers, employees and attorneys for 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
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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.
Section 4. That this Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of 2015.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By: By:
Name: Name:
Title: City Clerk Title:
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF 2015.
APPROVAL BY THE OCOEE CITY COMMISSION
By: AT A MEETING HELD ON
Name: Scott Cookson 2015 UNDER AGENDA ITEM NO.
Title: City Attorney
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EXHIBIT "A"
PARCEL NO. 101
OWNER: Karen Brown
INTEREST: Right of way
PARCEL 101
LEGAL DESCRIPTION
A portion of lots 28 and 36, Block 4, Town of Ocoee per plat thereof recorded in Plat Book "A ",
Pages 100 through 101, Public Records of Orange County, Florida; being more particularly
described as follows: Begin at the Northwest corner of Lot 28, Block 4, Town of Ocoee per plat
thereof recorded in Plat Book "A ", Pages 100 through 101, Public Records of Orange County,
Florida; thence N 89°46'23" E a distance of 15.95 feet along the South right of way line of 7 th.
Street (per sign), a 60.00 foot right of way as shown on said plat to a point; thence S 4713'48"
W a distance of 12.04 feet; thence S 01°37'42" E a distance of 82.90 feet; thence S 01 13'13" E a
distance of 29.99 feet to a point on the South line of lands described in Official Records Book
8891, Page 1246, Public Records of Orange County, Florida; thence S 8546'23" W a distance of
8.79 feet along the South line of said lands to a point on the East right of way line of Bluford
Avenue as shown on said plat; thence N 0037' 17" W a distance of 121.00 feet along said East
right of way line to the Point of Beginning.
Containing 995 square feet more or less.
OTHER INTERESTS: The Bank of New York Mellon f /k /a The Bank of New York
MERS acting solely as Nominee for Countywide Home Loans
Orange County Tax Collector
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EXHIBIT "A" (cont'd)
PARCEL NO. 701
OWNER: Karen Brown
INTEREST: Temporary construction easement
PARCEL 701
LEGAL DESCRIPTION
A portion of Lots 28 and 36, Block 4, Town of Ocoee per plat thereof recorded in Plat Book "A ",
pages 100 through 101, Public Records of Orange County, Florida; being more particularly
described as follows: Commence at the Northwest corner of Lot 28, Block 4, Town of Ocoee per
plat thereof recorded in Plat Book "A ", Pages 100 through 101, Public Records of Orange
County, Florida; thence N 89°46'23" E a distance of 15.95 feet along the South right of way line
of 7 th Street ( per sign ), a 60.00 foot right of way as shown on said plat to the Point of
Beginning; thence continue N 8546'23" E a distance of 14.70 feet along said South right of way
line to a point; thence S 4713'48" W a distance of 18.39 feet; thence S 01 °37'42" E a distance of
78.39 feet; thence S 01 13'13" E a distance of 30.20 feet to a point on the South line of lands
described in Official Records Book 8891, Page 1246, Public Records of Orange County, Florida;
thence S 8546'23" W a distance of 10.00 feet along the South line of said lands to a point;
thence N 01 13' 13" W a distance of 29.99 feet, thence N 01 57'42" W a distance of 82.90 feet;
thence N 4713'48" E a distance of 12.04 feet to the Point of Beginning.
Containing 1,260 square feet more or less.
OTHER INTERESTS: None
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