RESOLUTION NO WHEREAS, CR 466A Road is recognized by Lake County and the Lake Sumter

Transcription

1 RESOLUTION NO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, RELATING TO THE CR 466A ROAD PROJECT; ESTABLISHING A NEED FOR ACQUISITION OF A PORTION OF THE LAND IDENTIFIED IN EXHIBIT A, LOCATED IN COMMISSIONER DISTRICT 5, ROAD BENEFIT DISTRICT 3, LAKE COUNTY, FLORIDA; COMMENCING THE EMINENT DOMAIN PROCESS AS PROVIDED BY FLORIDA LAW; PROVIDING FOR AUTHORIZATION OF THE COUNTY ATTORNEY AND HIS DESIGNEES TO NEGOTIATE AND FILE AN EMINENT DOMAIN ACTION AS NECESSARY TO ACQUIRE THE PARCELS NEEDED BY THE COUNTY PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CR 466A Road is recognized by Lake County and the Lake Sumter Metropolitan Planning Organization (LSMPO) as a Lake County Collector Road; and WHEREAS, a Preliminary Engineering, Project Development, and Environmental Study was performed on the corridor, including holding public meetings for the purpose of gaining public input into the design of CR 466A Road Project; and WHEREAS, Lake County intends to construct road improvements related to CR 466A Road from Sumter County to Highway 27/441, but not limited to the construction of a four lane urban design roadway with a divided median thereby also requiring the installation of turn lanes, traffic signal, bike lanes, sidewalks, closed and open drainage systems, storm water retention ponds and associated storm pipe conveyance systems, hereinafter the Project, to meet the increased demands on the County transportation system and to otherwise benefit the citizens of Lake County; and WHEREAS, the constitution and laws of the State of Florida, including but not limited to the provisions of Chapter 125, County Government, Powers and Duties

2 ( ); Chapter 127, Right of Eminent Domain to Counties; Chapter 73, Eminent Domain and Chapter 74, Proceedings Supplemental to Eminent Domain, vest authority in Lake County to implement and maintain a functional transportation system and necessary related improvements to meet the needs of the citizens of the County; and WHEREAS, the Board of County Commissioners of Lake County, Florida, desires to accomplish the goals, objectives and plans of its Project for the benefit of the citizens of Lake County; and WHEREAS, the Board of County Commissioners of Lake County, Florida, desires to utilize the provisions of Florida law as enumerated to the fullest extent possible in order to accomplish the public purpose of acquiring necessary lands for needed transportation improvements at a price that is both fair to the property owner and prudent in terms of spending the tax revenues and other public funds which fund the improvements of the County; and WHEREAS, the existing road system is inadequate to meet the ever continuing increased demands on the transportation system; and WHEREAS, Lake County has heretofore caused the Project area of construction to be located, surveyed and clearly identified by plot and plan incorporating therein the survey, location and construction plan objectives; and WHEREAS, the Board of County Commissioners of Lake County, Florida, hereby determines that it is necessary to acquire the necessary parcels of land through the use of eminent domain and that the actions taken herein are consistent with the goals, policies and objectives of the Board so that the Project can be completed under authority of S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 2

3 applicable law. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida: SECTION 1. That it is necessary, serves County and public purposes and is in the best interests of the citizens of Lake County and the public at large to acquire fee simple interest, drainage easements, permanent grading easements, drainage utility easements, temporary construction easements, and/or such other interests and easements as set forth in each portion of the property identified in Exhibit A, attached hereto and incorporated herein by reference, for the purpose of constructing the needed road widening improvements in order to meet the ever increasing demands on the transportation system within required legal constraints. The above recitals are adopted as findings by the Board of County Commissioners of Lake County, Florida, and are incorporated into the text of this Resolution. SECTION 2. That the acquisition of the portion of the property described in Exhibit A is hereby ratified and confirmed and found to be necessary for said improvements to the extent of the estate or interest set forth as a part of each parcel s legal description. As to temporary and permanent easements, if any shall be needed, the Board of County Commissioners of Lake County delegates to the County Engineer or his designee the authority to further define such easements. The Board of County Commissioners of Lake County hereby finds and determines that the acquisition of the parcels is necessary and serves a County and S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 3

4 public purpose or that it serves a public purpose to acquire a portion of an entire lot, or tract of land as described in Exhibit A. The Board of County Commissioners of Lake County delegates to the County Engineer or his designee the authority to revise the construction plans and specifications during the course of the project. Further, the County Engineer or his designee is authorized to bind the County as to its construction documents. SECTION 3. That the County Attorney's Office is hereby authorized and directed to institute a suit or suits in the name of Lake County and fully exercise Lake County's power of eminent domain for the purpose of acquiring the parcel(s) described in Exhibit "A" to the extent of the estate or interest set forth as a part of each parcel's description and is further authorized and directed to do all things necessary to prosecute such suit or suits to final judgment by settlement or adjudication. In pursuit of such authorization and direction, the County Attorney's Office and its designees are specifically authorized to sign and file a Declaration of Taking so that Lake County may avail itself of the provisions of Chapter 74, Florida Statutes, as identified, and is further authorized to accomplish the acquisition of each parcel by parcel exchange, settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations if any, as are established from time to time by the Board of County Commissioners of Lake County. The County Attorney's Office and its designees are further authorized and directed to utilize and assert any and all constitutional and statutory authority of Lake County and the Board of County Commissioners of Lake County relative to the acquisition of the subject parcels S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 4

5 including, but not limited to, the provisions of the Constitution of the State of Florida and Chapter 125, Chapter 127, Chapter 73 and Chapter 74, Florida Statutes, as well as any other applicable provisions of the Florida Statutes and other applicable provisions referred to in the recitals to this Resolution. As to any parcel which is a total taking, it is hereby found that such total taking actions are for a public purpose and are necessary and desirable in order to accomplish the prudent expenditure of public funds. SECTION 4. Prior to the institution of any suits filed by the County Attorney's Office, the County Attorney or his designees are authorized to negotiate for the purchase and sale of any of the property described in Exhibit "A" at a value consistent with the authority granted by the Board of County Commissioners of Lake County and to bring back for execution by the Chairman or, in his or her absence, the Vice Chairman, without further Board action, the Agreement to consummate the sale to Lake County or to bring offers from owners in excess of the authority granted by the Board of County Commissioners of Lake County. SECTION 5. That the Director of Public Works and the County Engineer are hereby authorized to bind the County as to the plans and specifications and all other engineering aspects of the Project. AND BE IT FURTHER RESOLVED that the parcel(s) shown on the attached Exhibit A are ratified and confirmed and found necessary for this project and that Lake County, through its Board of County Commissioners, the attorneys of such Board of County Commissioners, and all appropriate departments, officers, and employees of said County S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 5

6 are hereby authorized and directed, to proceed to take necessary steps to institute and prosecute such necessary actions and proceedings as may be proper for the acquisition of the required fee simple interest and to prepare, sign, execute, serve, publish and file in the name of the County all eminent domain papers, affidavits and pleadings, and said attorneys are authorized to have prepared, at the County s expense, such abstract of title search, surveys, environmental testing, etc. as may be necessary in connection therewith. ADOPTED this day of, ATTEST: BOARD OF COUNTY COMMISSIONERS LAKE COUNTY, FLORIDA Neil Kelly, Clerk of the Board of County Commissioners of Lake County, Florida. Jimmy Conner Chairman Date: Approved as to Form and Legality: Sanford A. Minkoff County Attorney S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 6

7 Exhibit A Page 1 of 6 Parcel FP54 (Fee Simple-RW) Parcel ID Parcel FP54 (Permanent Easement-PE) Parcel ID Names, Places of Residence, Legal Disabilities, If Any, and Interest in the Property of All Persons Having an Interest in the Parcel(s) listed above: A. Fee Simple Owners: 1. Sunny Ct Fruitland Park, LLC a/k/a Sunny Court Fruitland Park, LLC County Road 33 Groveland, Florida Registered Agent: Karen J. Robertson County Road 33 Groveland, Florida With a Copy to: Bruce Harris, Esquire Harris, Harris, Bauerle & Sharma 1201 East Robinson Street Orlando, Florida Based on: Quit Claim Deed in O.R. Book 4206, Page 740, Public Records of Lake County, Florida. B. Subject to the Rights Held by Others as Follows: 1. JPMorgan Chase & Co. f/k/a JPMorgan Chase Bank N.A. 270 Park Avenue New York, New York Registered Agent: CT Corporation System 1200 South Pine Island Road Plantation, Florida Based on: Mortgage (by William B. Robertson and Karen J. Robertson, husband and wife) in O.R. Book 4205, Page 2403, Public Records of Lake County, Florida. 2. Any unknown tenants. S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 7

8 Exhibit A Page 2 of 6 C. Lien for Ad Valorem Property Taxes Held by Lake County Certified through 08/03/14 08/19/14 (mw) 1. Bob McKee Lake County Tax Collector 320 West Main Street Tavares, Florida S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 8

9 Exhibit A Page 3 of 6 (FEE SIMPLE) S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 9

10 Exhibit A Page 4 of 6 (FEE SIMPLE) S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 10

11 Exhibit A Page 5 of 6 (PERMANENT EASEMENT) S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 11

12 Exhibit A Page 6 of 6 (PERMANENT EASEMENT) S:\DOCUMENT\2014\LITIGATION\Eminent Domain\CR466A\Sunny Court\Resolution\Resolution_ doc 12