2008-014 Acquisition by Eminent Domain
RESOLUTION NO. 2008-014
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE ACQUISITION BY EMINENT
DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO, AN UNDERGROUND UTILITY EASEMENT,
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the 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, an underground utility easement on 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 utility extension purposes (The
"Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said
lands is necessary for public utility expansion, 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, is 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 (2008); and
WHEREAS, the City Commission of the City of Ocoee finds it is necessary for public
utility expansion purposes that the City acquire an underground utility easement interest in the
property identified and described in the attached Exhibit "A", said acquisition being for public
utility expansion 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 RESOLVED 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 description of said parcel being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof:
OWNER:
INTEREST:
W oodbery Family, LLP
Underground Utility Easement
Section 2. That the appropriate officers, employees and attorneys of the City of
Ocoee are authorized to proceed forthwith to institute such necessary and proper actions and
ORLA_1106580.1
proceedings and to comply with all legal requirements as may be necessary or proper for the
acquisition by eminent domain of the underground utility easement interests 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 .2ru!day of~~ 2008.
ADOPTED:
ATTEST:
CITY OF OCOEE, FLORIDA
BY::) ~ v~
Name: S. Scott Vande 'ft
Title: Mayor
B~~t~
Name~ ~- Beth EIkenberry
Title: City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPROVED AS TOJ4R}1 AND LEGALITY
THIS ~ DAY OF ~'/<JhJ:,o-- 2008.
FOLEY & LARDNER LLf
By ~Jr fZ4I;1
APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ~~\ 2- ,2008 UNDER
AGENDA ITEM NO. 2.0
Name:
Title:
Paul E. Rosenthal
City Attorney
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EXHIBIT" A"
OWNER:
Woodbery Family, LLP
INTEREST:
Underground Utility Easement
LEGAL DESCRIPTION
A portion of land lying in Section 4, Township 22 South, Range 28 East, Orange
Coun ty, Florida, being more particularly described as follows:
Commence at the northwest corner of the Northeast 1/4 of said Section 4;
thence run 5 01 "27'07" ~ along the west line of the Northeast 1/4 of said
Section 4, a distance of 2190.71 feet for the POINT OF BEGINNING; thence,
departing said west line, run S 88"32'53" E, a distance of 624.53 feet to a
point on the westerly right-of-way line of Clarke Rood, as described and
recorded in Official Records Book 4352, Page 1655, Public Records of Orange
County, Florida; thence run S 01"10'45" VV, along said westerly right-of-way line,
a distance of 20.00 feet; thence, departing said westerly right-of-way line, run
N 88"32'53" ~ q distance of 624.63 feet to a point on the aforesaid west line
of the Northeast 7/4 of said Section 4; thence run N 0177'07" E, along said
west line, a distance of 20.00 feet to the POINT OF BEGINNING.
Containing 0.29 acres,more or less.
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