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2019-014 Acquisition by Eminent Domain of Property - Zosel RESOLUTION NO. 2019-014 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 interests 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 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. 101 OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel INTEREST: Fee Simple PARCEL NO. 102 OWNER: Thomas G. Zosel;John T. Zosel; and Cindy M. Zosel INTEREST: Fee Simple PARCEL NO. 103 OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel 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 17 day of —50i-ember 2019. ADOPTED: ATTEST: CITY OF OCOEE, FLORIDA By: 4 By: Name: Melanie Sibbitt Name: Rust • • son Title: City Clerk Title: Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS 117'4DAY OF ��`�j� 2019. APPROVAL BY THE OCOEE CITY COMMISSION By: ATA MEETING HELD ONMito /7, Name: Sc.t • n 2019 UNDER AGENDA ITEM NO. q Title: Cit A ttorney 3 EXHIBIT"A" PARCEL NO. 101 OWNER: Thomas G. Zosel;John T. Zosel; and Cindy M. Zosel INTEREST: Fee Simple PARCEL 101 LEGAL DESCRIPTION Lots 18 and 19, Block 2, Town of Ocoee, Plat Book "A," Page 100, of the Public Records of Orange County, Florida. Property Address: 180 N. Cumberland Avenue Ocoee, FL 34761 OTHER INTERESTS: Orange County Tax Collector 4 EXHIBIT"A" PARCEL NO. 102 OWNER: Thomas G. Zosel; John T. Zosel; and Cindy M. Zosel INTEREST: Fee Simple PARCEL 102 LEGAL DESCRIPTION Lots 16 and 17, Block 2, Town of Ocoee, Plat Book "A", Page 100, of the Public Records of Orange County, Florida. Property Address: 30 Franklin Street Ocoee, FL 34761 OTHER INTERESTS: Orange County Tax Collector 5 EXHIBIT"A" PARCEL NO. 103 OWNER: Thomas G. Zosel;John T. Zosel; and Cindy M. Zosel INTEREST: Fee Simple PARCEL 103 LEGAL DESCRIPTION Lot 4, Block 2, Town of Ocoee, Plat Book "A," Page 100, of the Public Records of Orange County, Florida. Property Address: N. Cumberland Avenue Ocoee, FL 34761 OTHER INTERESTS: Orange County Tax Collector fA 6 1