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2015-002 Resolution for the Acquisition by Eminent Domain of the Brown Property for the Bluford Avenue Drainage ProjectRESOLUTION NO. 2015 -002 RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO FEE TITLE, LOCATED GENERALLY ALONG BLUFORD AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to serve the stormwater and drainage 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, 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 lands described in Exhibit "A " hereto for stormwater and drainage utility purposes, said stormwater and drainage utility purposes including, but not being limited to, the acquisition of right -of -way for the purpose of performing upon said right -of -way such activities as may be reasonably necessary in connection with the design, engineering, construction, and development of the Bluford Avenue Stormwater and Utility Improvement Project (the "Project "); and WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said lands is necessary for stormwater management, 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, 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 stormwater management that the City acquire a fee simple interest in the property identified and described in the attached Exhibit "A " , said acquisition being for stormwater and drainage utility 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 REOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. That the acquisition, by eminent domain, of the interests indicated in the following parcels 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 parcels being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof: PARCEL NO. 101 OWNER: Karen H. Brown INTEREST: Right of way PARCEL NO. 701 OWNER: Karen H. Brown INTEREST: Temporary Construction Easement 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 2 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 1�'nday of 2015. ADOPTED: ATTEST: CITY OF OCOEE, FLORIDA Title: City Clerk (SEAL) By: , 44 Name: Title: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS - I DAY OF MPcjt - e , f^ 2015. By: Name: t,Coo s n Title: City Attor'n y APPROVAL BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON COC- j-C h 1 , 2015 UNDER AGENDA ITEM NO. 1 3 EXHIBIT "A" PARCEL NO. 101 OWNER: Karen Brown INTEREST: Right of way PARCEL101 LEGAL DESCRIPTION A portion of lots 28 and 36, Block 4, Town of Ocoee per plat thereof recorded in Plat Book "A ", Pages 100 through 101, Public Records of Orange County, Florida; being more particularly described as follows: Begin at the Northwest corner of Lot 28, Block 4, Town of Ocoee per plat thereof recorded in Plat Book "A ", Pages 100 through 101, Public Records of Orange County, Florida; thence N 8546'23" E a distance of 15.95 feet along the South right of way line of 7 th. Street (per sign), a 60.00 foot right of way as shown on said plat to a point; thence S 47 13'48" W a distance of 12.04 feet; thence S 01 37'42" E a distance of 82.90 feet; thence S 01 13'13" E a distance of 29.99 feet to a point on the South line of lands described in Official Records Book 8891, Page 1246, Public Records of Orange County, Florida; thence S 89'46'23" W a distance of 8.79 feet along the South line of said lands to a point on the East right of way line of Bluford Avenue as shown on said plat; thence N OC137' 17" W a distance of 121.00 feet along said East right of way line to the Point of Beginning. Containing 995 square feet more or less. OTHER INTERESTS: The Bank of New York Mellon f /k /a The Bank of New York MERS acting solely as Nominee for Countywide Home Loans Orange County Tax Collector 4 EXHIBIT "A" (cont'd) PARCEL NO. 701 OWNER: Karen Brown INTEREST: Temporary construction easement PARCEL 701 LEGAL DESCRIPTION A portion of Lots 28 and 36, Block 4, Town of Ocoee per plat thereof recorded in Plat Book "A ", pages 100 through 101, Public Records of Orange County, Florida; being more particularly described as follows: Commence at the Northwest corner of Lot 28, Block 4, Town of Ocoee per plat thereof recorded in Plat Book "A ", Pages 100 through 101, Public Records of Orange County, Florida; thence N 8946'23" E a distance of 15.95 feet along the South right of way line of 7 th Street ( per sign ), a 60.00 foot right of way as shown on said plat to the Point of Beginning; thence continue N 89'46'23" E a distance of 14.70 feet along said South right of way line to a point; thence S 4713'48" W a distance of 18.39 feet; thence S 0137'42" E a distance of 78.39 feet; thence S 0113'13" E a distance of 30.20 feet to a point on the South line of lands described in Official Records Book 8891, Page 1246, Public Records of Orange County, Florida; thence S 8946'23" W a distance of 10.00 feet along the South line of said lands to a point; thence N 0113' 13" W a distance of 29.99 feet, thence N 0157'42" W a distance of 82.90 feet; thence N 47 13'48" E a distance of 12.04 feet to the Point of Beginning. Containing 1,260 square feet more or less. OTHER INTERESTS: None 6�