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Home My WebLink AboutResolution 2006-36 Hayes Road Improvement RESOLUTION NO. 2006-36 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, DETERMINING THE NECESSITY AND PUBLIC PURPOSE FOR THE HAYES ROAD INTERSECTION IMPROVEMENT PROJECT, DETERMINING THE NECESSITY AND PUBLIC PURPOSE FOR ACQUIRING BY EMINENT DOMAIN FEE SIMPLE OWNERSHIP OF DESIGNATED PARCELS OF REAL PROPERTY IN WINTER SPRINGS, FLORIDA, AND AUTHORIZING ATTORNEYS TO INITIATE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE DESIGNATED PARCELS, AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Florida Constitution permits the acquisition of private property for a public purpose upon payment of full compensation; and WHEREAS, the City of Winter Springs, Florida ("City") has the right and power of eminent domain to acquire property for purposes of streets, lanes, alleys, and ways, and for existing, proposed, or anticipated transportation facilities, pursuant to section 166.401, 166.411, and 337.27, Florida Statutes; WHEREAS, the City seeks to acquire property for a right turn lane, intersection improvements, and transportation-related purposes. The project is generally referred to as "Hayes Road Intersection Improvement Project"; and WHEREAS, the City has considered availability of alternatives, costs, environmental factors, long-range planning, safety, and other factors, and seeks to acquire fee simple interests in the parcels of the following property located in Winter Springs, Seminole County, Florida and more fully identified and described as: Parcell : [Legal description and sketch of description attached hereto as Composite Exhibit A] WHEREAS, the City has surveyed and located the line or area of construction of the proposed project and proposed construction plans have been prepared showing the plans for the property sought to be acquired and the boundaries of the project and the parcel(s) to be acquired. The proposed construction plans (PEC Project No. WS-013, 100% submittal 11/15/05) are incorporated by reference as if fully set forth herein; and WHEREAS, acquisition of the property referenced herein is necessary to complete the project and is for a public purpose; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution City of Winter Springs Resolution 2006-36 Page 1 of3 is in the best interests of the public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Declaration ofN ecessity and Public Purpose. The City Commission hereby declares the Hayes Road Intersection Improvement Project is necessary and for a valid public purpose, and the property identified above is necessary to accomplish the project. The acquisition of the property and property rights described herein is necessary to the extent of the estate or interest as set forth above for the performance of the duties of the City and for the construction, reconstruction and maintenance of the transportation facilities described in the construction plans. Section 3. Authorization to Initiate Action. The City is hereby authorized to acquire the properties and property rights described herein by gift, purchase, or condemnation/eminent domain. The City and its employees, managers, staff, attorneys, and other agents of the City are hereby authorized to do all acts and things required of them by this Resolution, or desirable or consistent with the requirements ofthe Resolution, for the full, punctual, and complete performance of all the terms contained herein and authorized by law, and each employee, manager, staff member, attorney, and agent of the City is hereby authorized and directed to execute and deliver any and all papers and instruments, and to be and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. Section 4. Authorization for Attorneys. In addition to the authorization provided in Section 3, the City Commission also hereby specifically authorizes its attorneys to initiate and pursue to final judgment eminent domain proceedings to acquire title to the property described herein, and to take any other necessary and lawful action including, but not limited to retaining and consulting experts, to initiate eminent domain proceedings, and any other actions associated with or arising out of such eminent domain or related proceedings. The attorneys are further authorized to accomplish the acquisition of said property by settlement and compromise if same can be effected in accordance with the terms, conditions, and limitations established from time to time by the City Commission. Section 5. Severability and Invalid Provisions. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any 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. Section 6. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Resolution 2006-36 Page 2 of3 Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. DONE AND ADOPTED at a regular meeting this 24th day of July, 2006. John F. Bush, Mayor ATTEST: Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Resolution 2006-36 Page 3 of3 DESCRIPTION EXHIBIT COMPOSITE "A" Description : A portion of Section 34, Township 20 South, Range .30 East. Seminole County, Florida. being more particularly described os follows : Commence at the intersection of the South right-of-way line of Stale Rood No. 434 OS shown on the rlorido Department of Transportation right-oF-way map. Section No. 77580-2610 on q the West right-af-woy line of Hayes Rood as described in Officiol Records Book J707. Pages SOB Ihrou9h 812. PUblic Records of SRminole County. F'lorido; thence S Or.54'50" E along said West right-ol-way line c distance of 12.52 feet to the Point of Beginning: lhence continue S 07'54'50" E olong said West right-af-way line: 0 distonce of 32.2.3 feet; thence S Bo-18'20" W a distance of 2.01' feet; thence N 07'54'50" W along c line that IS 2.01 feet W~st of end porelle! with said Weil right-of-wey line 0 distance of 6.00 feel; thence N 62"17'59" W 0 distance of .32.44 feet; th=nce S 65030'40" W o/ong a line that is 11.00 feet South of and parallel with $aid South fight-of-way line c distance of 132.88 feet.; thence S 7S.11'29" W a distance of 41.00 feet: thence N 24029'20" W 0 distance of 2.00 feet to 0 point on said South right-of-way: thence N 55'.30'40" E along said South right-or-way line 0 distance of 193.25 feet: thence S 61'12'05" E 0 distance of 14.97 feel to the Point of Beginning. Containing 2409 square feet more or less. SURVEYORS NOTES DESCRIPTION FOR Dah: 12/06/04 DE!. Professional Engineering Consultants, Inc. THIS IS NOT A SURVEY_ SHEET 1 OF 2 SKETCH OF DESCRIPTION POINT OF COMMENCEMENT INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF S.R. 434 PER FDOT RIGHT OF WAY MAP SECTION #7758q-2610 RIGHT AND THE WEST RIGHT OF WAY LINE OF HAYES ROAD PER OFFICIAL RECORDS BOOK 3707, PAGES 808-812 FLORIDA DEPARTMENT OF TRANSPORTATION POINT OF BEGINNING