2019-011 Acquisition by Eminent Domain of Property RESOLUTION NO. 2019-011
RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE
ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT
NOT LIMITED TO FEE TITLE, LOCATED WITHIN THE CITY OF OCOEE;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the City facilities
needs for 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 land described in Exhibit "A" hereto for the construction of the Master
Stormwater Pond as part of the Downtown Ocoee Master Plan (the "Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said
land is necessary for the construction of the Master Stormwater Pond, 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 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
construction of the Master Stormwater Pond that the City acquire a fee simple interest in the
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property identified and described in the attached Exhibit "A", said acquisition being for the
construction of the Master Stormwater Pond; 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. 104 PARCEL NO. 105
OWNER: Charles M. Anasis OWNER: Richard D. and Jane Aycock
INTEREST: Fee Simple 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
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
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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 gi day ofLam. H_,de 2019.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By: &jveldebi
By:
Name: Melanie Sibbitt Name: Rusty son
Title: City Clerk Title: Mayor
(SEAL)
APPROVAL BY THE OCOEE TY COMMISSION
ATA MEETING HELD ON , 2019
UNDER AGENDA ITEM NO. V
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS S AY OF 1 JG'-sr 2019.
BY: , ..
Name Sco77*4 kson
Title: k ity Attorn-
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EXHIBIT"A"
PARCEL NO. 104
OWNER: Charles M. Anasis
INTEREST: Fee Simple
PARCEL 104
LEGAL DESCRIPTION
Lot 21 and The West 30 feet of Lot 22 (Less the South 30 feet of Lot 22), Block 2, Town of
Ocoee, according to the map or plat thereof, as recorded in Plat Book A, Page(s) 100 and 101,
of the Public Records of Orange County, Florida.
Property Address: 10 Franklin St.
Ocoee, FL 34761
Orange County Tax ID. No: 17-22-28-6144-02-210
OTHER INTERESTS: Orange County Tax Collector
Bank of America
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EXHIBIT"A"
PARCEL NO. 105
OWNER: Richard D. and Jane Aycock
INTEREST: Fee Simple
PARCEL 105
LEGAL DESCRIPTION
Beginning at the SW Corner of Lot 5, Run North 198 Feet for Point of Beginning, Thence East
237 Feet, Thence South 74 Feet, Thence West 92 Feet, Thence South 59 Feet, Thence West 145
Feet, Thence North 133 Feet to Point of Beginning, being in Block 2 Town of OCOEE, according
to the Plat thereof as recorded in Plat Book A, page 100 of the Public Records of Orange County,
Florida.
Property Address: 127 N. Cumberland Ave.
Ocoee, FL 34761
Orange County Tax ID. No: 17-22-28-6144-02-057
OTHER INTERESTS: Orange County Tax Collector
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