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HomeMy WebLinkAboutResolution 612 Water/Sewer Facilities RESOLUTION NO. 612 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, DETERMINING THE NECESSITY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS TO CONDEMN ALL OF THE REAL AND PERSONAL PROPERTY NEEDED FOR THE ACQUISITION OF THE POTABLE WATER PUMPING, TREATMENT, AND DISTRIBUTION FACILITIES, AND THE SANITARY SEWERAGE COLLECTION, TREATMENT AND DISPOSAL FACILITIES OF THE SEMINOLE UTILITY COMPANY, PROVIDING SAID UTILITY SERVICES WITHIN AND WITHOUT THE BOUNDARIES OF THE CITY OF WINTER SPRINGS, FLORIDA, SETTING FORTH THE PUBLIC PURPOSE FOR WHICH THE PROPERTY IS TO BE TAKEN, THE ESTATE OR INTEREST TO BE TAKEN, AND SETTING FORTH A LEGAL DESCRIPTION OF THE PROPERTY, AUTHORIZING THE FILING OF CONDEMNATION PROCEEDINGS PURSUANT TO FLORIDA LAW, AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION I - That the City Commission of the City of Winter Springs finds that the acquisition, ownership, maintenance and operation of the water and sewer utility systems owned by Seminole Utility Company, a wholly-owned subsidiary of the Good Gu1fstream Holding Corporation, is necessary to im- prove and enhance said facilities and the quality of public water supply and potable sanitary sewer utility service and is in the interests of the general public who reside, work, or visit within the City of Winter Springs. The acquisition of such utility systems, both within and without their certificate~ service areas, is necessary to ensure the proper and prudent provision of utility services to the residents of the City of Winter Springs served by Seminole Utility Company and to the remaining present water and sewer cus- tomers of the City of Winter Springs. SECTION II - That the public purpose for which the property is to be taken is for the provision of water and sewer utility services. SECTION III - That the legal description of the personal and real property to be taken is set forth in Composite Exhibit "A", attached hereto and made a part hereof. SECTION IV - That in accordance with the requirements of Chapter 73, Florida Statutes, the City hereby confirms its prior authorization and again authorizes the institution of condemnation proceedings of the property and for the purposes set forth above. SECTION V - That this Resolution shall take effect immediately upon its passage. ATTEST: Passed and Adopted this 23rd day of January, 1989. CITY OF WINTER SPRINGS LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK RECEIVED JAN 29 1989 CITY OF WINTER SPRINGS CITY MANAGER COMPOSITE EXHIBIT "A" (Resolution No. 612, dated Jan. 23, 1989) Property Identification The subject real property is legally described as: ( 1) ( 2) (3) (4) (5) "SEE ATTACHED" The subject personal property is described as all water treatment plants, water supply and distribution facilities, sewage treatment plants, sewage collection and disposal facili- ties of every kind and description whatsoever, including but not limited to lift stations, transmission mains, distribution mains, supply pipes, collection pipes or facilities, valves, meters, meter boxes, service connections, and all other physical facili- ties and property installations in use and in connection with the utility systems operated by Seminole Utility Company within and without the City of Winter Springs, Florida, including its inven- tory, certificates, immunities, privileges, permits, licenses, license rights, easements, consents, grants, ordinances, lease- holds, and rights-of-way, and all rights to construct, maintain and operate plants and systems for the procuring, distribution and transmission of water and for the collection, treatment and disposal of sewage and every right of every character whatever in connection therewith, and all agencies for the supply of water to the utility systems or others, all water rights, flowage rights and riparian rights, and all renewals, extensions, additions, or modifications of any of the foregoing, together with all rights, if any, of the utility pursuant to Florida Public Service Commis- sion certificate nos. 59-W, 293-W, and 241-5, and other rights needed in order to provide utility service to the public related thereto. LAW OFFICES JAN 1 9 1989 ROSE, SUNDSTROM & BENTLEY A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 2548 BLAIRSTONE PINES DRIVE TALLAHASSEE. FLORIDA 32301 W, DOUGLAS BEASON CHRIS H, BENTLEY, P,A, F, MARSHALL DETERDING MARTIN S, FRIEDMAN, P,A, JOHN R, JENKINS ROBERT M,C, ROSE. P,A, WILLIAM E. SUNDSTROM. P,A, JOHN L, WHARTON January 19, 1989 MAILING ADDRESS, POST OFFICE BOX 1567 TALLAHASSEE, FLORIDA 32302,1567 TELECOPIER 19041 656.4029 VIA HAND DELIVERY Marshall Willis, CPA S tate of Florida Public Service Commission 101 East Gaines Street Tallahassee, FL 32301 Re: SEMINOLE UTILITY COMPANY; Seminole County PSC Certificate Nos. 293-W and 241-S Our File No. 26050.01 Dear Mr. Willis: Please be advised that this office serves as Special Utility Counsel to the City of Winter Springs in Seminole County, Florida. In that regard we request, on behalf of the City and pursuant to the provisions of Section 367.071(3)(a), Fla. Stat., the most recent available Income and Expense Statement, Balance Sheet, and Statement of Rate Base for Regulatory Purposes and Contributions-in-Aid-of-Construction relative to Seminole Utility Company, the certificates of which are referenced hereinabove. The City Council of the City of Winter Springs intends to consider the acquisition of such Company at its regularly scheduled council meeting of Monday, January 23rd, and would, therefore, appreciate receipt of the subject information prior to the said meeting. Sincerely, ROSE, SUNDSTROM & BENTLEY William E. Sundstrom, P.A. For the Firm WES:tm RECEIVED JAN 20 1989 CITY OF WINTER SPRINGS CITY MANAGER , I . , January 16, 1989 FROM: TO: REF: LEGAL DESCRIPTIONS FOR SEMINOLE Frank, attached are the legal descriptions for Seminole Utilities. The staff obtained them from the utility. If this is not adequate let me know. /nav attach. Water Plant Plat of survey Seminole Utilities Description: PLAT Of SURVEY HENRICH, TROTTER CARTER, & AYERS, iNC. LAND SURVEYORS PLAT OF SURVEY WINTER SPRINGS DEV. CORP. Description of Sewage Treatment Plant Site: From the centerline of intersection of Winter Springs Boulevard and Northern Way, as shown in Plat of Winter Springs Unit Four, as recorded in Plat Dook 18, Pages 6, 7 and 8, Public Records of Seminole County, Florida; run North 86023'05" Eas"t, along the centerline of Winter S),rjngs Doulevard and along a prolongation of said centerline 282.85 feet to the Point of Curvature of a curve concave Nortln:estc:rly ",ith a radius of 1145.92 feet and a central angle of 58054'39"; run thence Northeasterly along the arc of said curve 1178.22 feet to the Point of T::mgency; run thence North 27"28'26" East 261.56 fect to the Point of Curva- ture of a curve concClVC Southeasterly, \dth a radius of 1155.18 feet1 and a central :!n~1c of 62032'58"; run thence Northeasterly along 1 the arc of said curve 1261.10 feet to the Point of Tangency; run ;j thence South S9053'36" East 1475.21 feot 1:0 the Point of Curva- :1 ture of a curve concave Southerly wi th a radius of 2352.44 feet i and a central angle of 19051'53"; run thence Easterly along the arc of said curve 815.60 feet to the point of reverse curvature of a curve concave Northerly, ldth a radius of 6371.67 feet und a central angle of 5004'05"; run thence Enster1y along the arc of said curve 563.60 feet to the Point of Tangency; run thence South 75010'48" East 1578.51 feet; thence South 14049'12" West 295.00 feot to the Point of Beginning; run thence further 'South 14"49'12" \'.'est 600.00 feot; thence South :n"23'26" West 241.58 feet; thence South 57021'37" West 469.08 feet; thence South 86003'50" \'(est 343.19 feet; thence North 12056'23" \vest 100.00 foct; thence North 72009'57" East 225.61 feet; thence North 26"19128" East 637.55 feet; thence North 14049'12" East 450.00 feet; thence South 75010'48" East 448.51 feet to the Point of Beginning. Containing 11.8794+ Acres, subject to restrictions of record. HENRiCH, INC. LAND SURVEYORS 590 WYMORE ROAD WINTER PARK, FLORIDA 32789 (305) 647-7346 SPRAY FIELD DESCRIPTION F rom the i n ten e c t ion 0 f the Sou t h 1 i n e 0 f the M 0 s e s E. Levy G ran t, ,.ti t h t,he 'h'est line of Gardena Far~s Subdivision, according to th,e plat thereof, as'\ r'ecorded in Plat Book 6, Pages 23 l;24. Public Records of ,Seminole County, f)oTicla, run N.001057'o12''E.. along ,said West .line 3740.,'29 (e'et to thr point of beginning on the Northerly line of a Florida Power Corporation E a s e men t () 0 0 . 0 0 f 0 0 t r i'g-n t ' '0 f' \.I a y); ,t hen c e con ti n u eN. 0 4 0 5 7 ';4 2 ',' E.' 12 '3 7 . 2 7 fee t; the n c C' S. 8 -3 ,0 4 4 ' 0 2" 10,' _ 1 '32 7 . 8 8 fee t ;, t. hen c e S. 0 5 0 0 1 ' .3 6" hi J 66 S . S S fee t ; . t h 7 n c e S. B.3 0 4 4 ' S.3.' h'. 6 6 6. 1 '1 {e e t ;' the T'! c e 5. 04 0 5 7 ' 30" W. 4 72 . 5 7 ' [e e t. to a pOlnt..on .the aforementioned Northerly line of a Florida Power Corporation Easement; thence TUn 5.65004'35"E. along said Northerly line 2081.65 feet tot h e poi n t 0 f ,b e gin n i n g, con t a i n i n g the rei n 6 S . S 1 7 7 a c res mOT e ' 0 r 1 ~ 5 S and subject to a 1)0.00 foot Florida POh'er and Light COr.lpany Easement. ,,' ;' " ,~., ...... ,r , . " ~ , :' .f .. "