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Home My WebLink AboutItem #10 Approval of Resolution Relating to Property Acquisition for the Lift Station No. 66 Project OCO(> Florida AGENDA ITEM COVER SHEET Meeting Date: February 6, 2018 Item # /0 Reviewed By: Contact Name: Mary Solik, Esq. Department Director: Contact Number: 407.367.7868 City Manager: Subject: Property acquisition for the Lift Station No. 66 Project Background Summary: The City needs to acquire certain property for the Lift Station No. 66 Project. Issue: The City may need to exercise its power of eminent domain in the event a negotiated acquisition is unsuccessful. Recommendations Approve attached Resolution authorizing eminent domain. Attachments: Memorandum and Resolution. Financial Impact: Unknown at this time. Type of Item: (please mark with an `5e) Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing x Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by N/A 2 TY LAW OIIK Mary Doty Solik,Esq. 407-367-7868 121 S.Orange Ave.,Ste.1500 msolik@dotysoliklaw.com Orlando, FL 32801 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary Doty Solik,Special Counsel "' '5 DATE: January 17,2018 RE: City of Ocoee City Hall Complex Project Based on the current project design the City needs to acquire the following property: Parcel No. Property Owner Property Interest Location of Property Appraised Needed Value 101 Rubina lrin Fee Simple Title 128 N. Bluford Ave. $70,500 Property Valuation and Consulting, Inc. appraised this property at the value set forth in the chart above. We have sent an offer to purchase this property at a price of$77,550, 10% above its appraised value. Discussions have been ongoing but no negotiated agreement has been reached. Attached is a proposed Resolution which authorizes the filing of a condemnation action and to proceed to acquire the necessary property by a quick taking proceeding. A quick take proceeding allows the City to acquire title to the needed property by demonstrating to the Court's satisfaction a public need and necessity for the property and the deposit of the City's good faith estimate of value in the Court's Registry.This evidence is presented at an Order of Taking hearing, generally held sixty to ninety days after the suit is filed. Once the City deposits its good faith estimate of value, title to the property transfers to the City.The property owner, however,is entitled to a jury trial on the ultimate valuation of the property at some time in the future. This procedure allows public bodies to obtain title quickly so that public projects are not delayed but imposes the risk on the public body of what the ultimate valuation of the acquired property is determined to be. RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners: 1 1. Approve the attached Resolution, authorizing execution thereof by the Mayor and City Clerk, and further authorizing all necessary actions in order to proceed to acquire the property by quick take proceeding. MDS/kh attachments cc:Robert Frank Craig Shadrix 2 RESOLUTION NO. 2018- RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO FEE TITLE, LOCATED AT 128 N. BLUFORD AVE., OCOEE, FL; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to implement the Downtown Master Plan approved by the City on October 18, 2016; and WHEREAS, the Downtown Master Plan includes the expansion of the City's Sanitary Sewer system for the area encompassed in the Downtown Master Plan; and WHEREAS, the expansion of the City's Sanitary Sewer system includes the construction of Lift Station No. 66; 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 land described in Exhibit "A" hereto for the location and construction of Lift Station No. 66 (the "Project"); and WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said land is necessary for the location and construction of Lift Station No. 66, and that the acquisition of said land 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 1 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 the expansion of the City's Sanitary Sewer system as part of the implementation of the City's Downtown Master Plan that the City acquire a fee simple interest in the property identified and described in the attached Exhibit "A", said acquisition being for the location and construction of Lift Station No. 66; 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 interest indicated in the following parcel 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 parcel being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof: PARCEL NO. 101 OWNER: Rubina Irin INTEREST: Fee Simple 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 acquisition by eminent domain of the fee simple absolute title in the property described in 2 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 2018. 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 2018. APPROVAL BY THE OCOEE CITY COMMISSION By: ATA MEETING HELD ON , Name: Scott Cookson 2018 UNDER AGENDA ITEM NO. Title: City Attorney 3 EXHIBIT"A" PARCEL NO. 101 OWNER: Rubina Irin INTEREST: Fee Simple PARCEL 101 LEGAL DESCRIPTION Begin at the Southeast Corner of Lot 5, Block 2, Town of Ocoee, as recorded in Plat Book "A", page 100 of the Public Records of Orange County, Florida, run thence North 125 feet to point of beginning, run thence West 85 feet; run thence North 50 feet; thence East 85 feet, thence south 50 feet to the point of beginning. Property Address: 128 N. Bluford Avenue Ocoee, FL 34761 Orange County Tax ID No.: 17-22-28-6144-02051 4