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2022-13 Acquisition by Eminent Domain of Property - 229 Franklin St. RESOLUTION NO. 2022-13 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 transportation and utilities 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 Taylor and Franklin Streets Intersection Improvement Project (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 Project, 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 Project 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 Taylor and Franklin Streets Intersection Improvement Project; 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: Lighthouse Real Estate Consultants, Inc. 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 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 jfiay of A04,07,61/- 2022. 2 ADOPTED: ATTEST: CITY OF OCOEE, FLORIDA jfrei/4 By: _ _ . Name: Melanie Sibbitt Name: Rusty is nO Title: City Clerk , _ Title: Mayor - - (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS Or DAY OF dol. 2022. APPROVAL BY THE OCOEE CITY COMMISSION By: • AT A MEETING HELD ON / 2022 Name: . ot oo/ •vv- UNDER AGENDA ITEM NO. 1 Title. ity Atto - 3 EXHIBIT"A" PARCEL NO. 101 OWNER: Lighthouse Real Estate Consultants, Inc. INTEREST: Fee Simple PARCEL 101 LEGAL DESCRIPTION SEE ATTACHED PROPERTY ADDRESS: 229 Franklin Street Ocoee, FL 34761 OTHER INTERESTS: Orange County Tax Collector Allen and Patricia Bond 4 Sketch and Description: THIS IS NOT A SURVEY Legal Description: A PORTION OF THE SOUTH 1/2 OF LOT 50, B.M. SIMS SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:. BEGIN AT THE SOUTHEAST CORNER.OF LOT 50, B.M.. SIMS SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 126, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 89.31'58" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF W FRANKLIN STREET (A 60 FOOT WIDE ,RIGHT-OP,-WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION NO. 75230, DATED 3/08/07) A DISTANCE OF 55.02 FEET TO .A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00'FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 45'29'44" WEST, 28:27 FEET, THENCE RUN NORTHWESTERLY ALONG THE ARC OF'SAID CURVE THROUGH A CENTRAL ANGLE OF 89'56'37" AN ARC DISTANCE OF 31.40 FEET TO A POINT TANGENCY; THENCE DEPARTING SAID CURVE RUN NORTH 00'31'25" WEST ALONG THE EAST RIGHT OF WAY LINE OF TAYLOR, STREET (A 60 FOOT WIDE RIGHT-OF-WAY PER FLORIDA DEPARTMENT OF' TRANSPORTATION RIGHT-OF-WAY MAP SECTION NO. 75230, DATED 3/08/07) A DISTANCE OF 55.18 FEET TO A POINT LYING ON THE'NORTH LINE OF THE SOUTH 1/2 OF SAID LOT 50; THENCE DEPARTING SAID EAST RIGHT-OF-WAY'LINE RUN NORTH '8913'31' EAST ALONG SAID NORTH LINE A DISTANCE OF 6.36 FEET; THENCE DEPARTING SAID NORTH LINE RUN SOUTH 10'461:0" EAST A DISTANCE OF 5.66 FEET TO A POINT.OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 63.87 FEET,. AND A CHORD BEARING AND DISTANCE OF SOUTH 35'59'37" EAST, 53.74 FEET, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49'45'37" AND AN ARC DISTANCE OF 5547 FEET TO A POINT OF REVERSE 'CURVATURE'OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 77.63 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 49'20'00" EAST, 31.06 FEET, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF.SAID, CURVE THROUGH A CENTRAL ANGLE OF 23'04'52" AND AN ARC DISTANCE OF 31.27 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 90.00 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 43'52'38" EAST, 19.05 FEET, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'09.046- AND, AN ARC DISTANCE OF 19.09 FEET TO A POINT ON THE WEST LINE OF SAID LOT 50; THENCE RUN SOUTH 00•31.25" EAST ALONG THE SAID WEST LINE OF SAID LOT 50 A DISTANCE OF 21.57 FEET TO THE POINT OF BEGINNING, CONTAINS 4,361 SQUARE FEET OR 0.10 ACRE MORE OR LESS Abbreviation Legend: -Sa, ACTUAL It -(D) -DEED DELTA . cor IP -•IRON PIPE r -GOVERNMENT PC -POINT OF CURVATURE RUE -POINT OF COMPOUND RUE -RANGE 28 EAST PROS R -RADIUS AVG -AVERAGE (DE) ,DEED EXCEPTION IR -IRON ROD CURVATURE " RAD -RADIAL. (1313) -BEARING BASS DEPT -DEPARTMENT IRAC -IRON RERAN&CAP PCP -PERMANENT CONTROL POINT REV -RECOVERED BLDG -BUILDING DIM -DRAINAGE AND UTILITY L -ARC LENGTH PG -PAGE REV -REVISION BM -BENCH-MARK EASEMENT LB/ .-UCENSED BUSINESS NUMBER POE -PACES RP -RADIUS POINT p -CALCULATED ELEV -ELEVATION (M) -MEASURED. PI POINT OF INTERSECTION RAV --RIGHT-OF-WAY EOP, -EDGE Of PAVEMENT N&a -NAIL AND DISK POD •-POINT OF BEGINNING' SEC 18 -SECTION 18 CO -CHORD BEARING ESMT -EASEMENT NR -NON-RADIAL POC -POINT OF COMMENCEMENT SQ -SQUARE CCR 0 -CERTIFIED CORNER FOOT -FLORIDA DEPARTMENT"OF .NSI -NI)SURVEYOR IDENDRCATION POL -POINT ON UNE SQ FT -SQUARE FEET RECORD NUMBER TRANSPORTATION NT -NON-TANGENT PRC -POINT OF REVERSE TO -TANGENT BEARING CA -CENTERUNE FF -FINISH FLOOR OR -OFFICIAL RECORDS CURVATURE T225 -TOWNSHIP 22 SOUTH CM -CONCRETE MONUMENT ENO -FOUND ORB .-OFFICIAL RECORDS BOOK PRM -PERMANENT REFERENCE re p) -Typtcpj. CONC -CONCRETE FP&L -FLORIDA POWER AND LIGHT (F) -FLAT MONUMENT . UE ,-UTILITY EASEMENT OR -CORNER (S) -GRID(STATE PLANE) PB -PLAT SOOK PT -POINT OF TANGENCY W/ -FATH FS -FLORIDA STATUTE FEC -FLORIDA EAST COAST RAILWAY - • Surveyor's Notes: _. 1. COPIES OF THIS SKETCH AND DESCRIPTION ARE NOT VAUD WITHOUT THE ORIGINAL.SIGNATURE AND-SEAL Surveyors Certification: OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS STONER THAN THE SIGNING PARTY Oft I hereby certify that the attached "Sketch and PARTIES IS PROHIBITED WTHOJT WRITTEN CONSENT OF THE SIGNING PARTY OR.PARTIES. Description" of the hereon-described property is true and 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE LINE BETWEEN THE TWO STATE PLANE CONTROL POINTS correct to the best Of my knowledge, information and LISTED IN NOTE is BELOW AS BEING S 1820.68"E. belief as prepared under my direetion on June 3; 2022. I 4. THE'LEGAL DESCRIPTION'HEREON WAS PREPARED BY-SURVEYOR PER CLIENT REQUEST AND further certify that this "Sketch and Description" meets BASED,ON THE TITLE SEARCH,REPORT PREPARED BY AMERICAN GOVERNMENT SERVICES the standards of practice set forth in Rule 'Chapter CORPORATION'ASGC SEARCH/28577-2". EFFECTIVE DATE NAY 10,2017 AT 8100 A.M.. 5J-17 of the Florida Administrative Code; pursuant to FS S. THIS IS NOT A BOUNDARY SURVEY THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION 472;027. FURNISHED TO THE SURVEIVR NO'FlELD SURVEY WAS PERFORMED TO DEFINE OHNERSHIP. H. STATE PLANE INFORMATION,SHORN HEREON IS BASED ON THE NORTH AMERICAN DATUM OF 1983'(1990)USING CONTREk POINTS FROM THE IDE NCS DATA SHEETS FDBUSHED AT WWW.LABINSORG AND ARE AS r Fa up wpi For the Firm By: 4)DESIGNATION*A.K7261', .N 1523095.74 FEET,,E 495497.90 FEET , a)DESIGNATION'AK7149',.4 N 1571170,99 FEET,.E 479553.12 FEET Randall L. Roberts, PSM Professional Surveyor and Mapper Florida Registration No. 3144. TITLE DLOCN ABBREVIATIONS Eng..,ENGINEERING L.13:E LICENSED BUSINESS Date; 6/3/2022 404 No. .060.12.3 c.O.A.4 CENTIFICATE Op AdTHORVATION. Arcli.'.ANCHREOTURAL NOT VALID WITHOUT Langiscp.•LANDSCAPE INA'..,NOT APpLICABLE Lk„=,LICENSED ' • , ' •NO-NUMBER P.O.•POST OFFICE ID"COPYRIGHT SHEETS 1 AND 2 OF 2. Drawn by: JTF Scale: N/A File:06012.3-502.DWG A Full Service A &E Firm CITY OF O.COEE Sheet GI o 500 West Fulton Street 229 W FRANKLIN ST SECTION 18-TOWNSHIP 22 SOUTH-RANGE 28 EAST Sanford,FL 32771 ORANGE COUNTY;FLORIDA Ph:407.322.6841 SKETCH AND DESCRIPTION vtif*im.cphcorp,dorn ©2022 ACQUISITION 1 of 2 Sketch and Description: THIS IS NOT A SURVEY 11114 15 0 11 30 Scale:1"it 30' N II LOT 50 I LOT 51 B.M. SIMS B.M. SIMS PB F. PG 126' PB F. PG 126 PARCEL NO. 16--22-28-80,64-00-501 PARCEL NO. 18-22-28-8064-00 511 y OWNER: GALVAN ADRIAN OWNER: JOSEPH JEAN W, ADDRESS: 238 LEE ST, -'GABRIEL ADELINE OCOEE, FL 34761 ADDRESS: 236 LEE ST, OCOEE, FL 34761 N 89933'31" E (-6.36' N UNE OF THE. S 1/2 OF LOT 50� r S C(10°46'10" E =rt 5"66'S i/2 OF LOT 50 PC w B.M. SIMS K Z PB F, PG 126 re 0 An in o N ' PARCEL NO, 18-22-28- o �„N E" a �' 8064-00-502 I. W S 1/2 OF LOT 51 CO , o OWNER: LIGHTHOUSE REAL ESTATE o p tJ CONSULTANTS INC w 04 rt m^ w CJ1 ADDRESS: 229 FRANKLIN ST, j\ B.M. SIMS O w d OCOEE, FL 34761-2659 w PB F, PG 126 J Q. PRC ~J OWNER: CHORCH OF GOD OF PROPHECY �` a PARCEL I0:18�22-28-8064-00-512 ,. laC C� ADDRESS: 233 FRANKLIN ST. OCOEE. FL 01 'NO SALES.USTED PRO ta0 CONTAINS 4,351 SO FT 'OR 0.10 ACRE± C1 PT R/W ACQUISITION: S O0°31'25" E • ,,,,/ -21.57' PC' 7-POB ACQUISITION St; COROF LOT 50 A ='89°56'37" S 89°31'58" W 55.02' • R = 20.00' W FRANKLIN ST C = 28.27' N R/W UNE OF W FRANKLIN STREET (60' R/W PER B.M. SIMS, PB F, PG 126, '& FOOT R/W MAP SECTION, NO. 75230, L= 31.40' STATE ROAD NO. 438, DATED'3/8/07) CB = N 45°29'44"W CURVE TABLE CURVE DELTA LENGTH RADIUS CHORD CHORD GEARING CI 4945-37" 55.47' '63.87' 53.74' S 3559'37" E C2 2314'52" 31.27' 77.63' 31.06' S 49'20'00' E C3 12139'04" 19.09' 90.00' 19.05' S 43'52'38" E TITLE BLOCK ABBREVIATIONS Eng.a ENGINEERING L.B.=LICENSED BUSINESS_.. C.O:A=CERTIFICATE OFAUTHORIZATION_ Arch.ARCHITECTURAL Date: S13/2022 JOI3 NO. Q6012.3 Lan dsc'P;.tANDSGAPE NWA•T NOTAPPLICAULE_ .LIc.'pLICENSEO NOT VALID WITHOUT No,'NUMBER :P.D...POST OFFICE ®=COPYRIGHT SHEETS 1 AND 2 OF 21 Drawn by: JTF. Scale; '1"=30' FEl2:.O6012.3.502:DWG A Rill Service A .E Firm CITY OF t COEE Sheet V 229 W FRANKLIN ST s00 Wes#Fulton Street SECTION 18 TOWNSHIP 22"SOUTFt4ZANGE 28 EAST2 0 Sanford,FL 32771 ORANGE COUNTY,FLORIDA Ph.407.322.6841 SKETCH AND DESCRIPTION www.cptiaorp:com ©2022 ACQUISITION 2 of2