RESOLUTION NO. 2015 A RESOLUTION OF THE BOARD OF …
Transcript of RESOLUTION NO. 2015 A RESOLUTION OF THE BOARD OF …
RESOLUTION NO. 2015–____
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 Project 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
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(§§125.001-125.59); 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
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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, drainage and utility easements, temporary
construction easements, and/or such other interests and easements as set forth in Exhibit
“A”, attached hereto and incorporated herein by reference, and as described more
particularly in the Project’s Construction Plans for Parcel FP28, 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. 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 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”.
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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
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
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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
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 permanent easements 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,
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such abstract of title search, surveys, environmental testing, etc. as may be necessary in
connection therewith.
ADOPTED this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA ____________________________ _______________________________ Neil Kelly, Jimmy Conner Clerk of the Board of Chairman County Commissioners of Lake County, Florida. Date: __________________________ Approved as to Form and Legality: ____________________________ Sanford A. Minkoff County Attorney
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Exhibit A – Page 1 of 6
Parcel FP28 (Fee Simple-RW) Parcel ID 09-19-24-0400-006-00006
Parcel FP28 (Permanent Grading, Drainage and Utility Easement -PE) Parcel ID 09-19-24-
0400-006-00006
1. 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. Marisol Myers and Steven Myers, wife and husband
15600 SE 103rd Terrace Summerfield, Florida 34491 With a Copy to: Vanessa Thomas, Esquire Forman, Hanratty, Thomas & Montgomery 723 E. Fort King Street Ocala, Florida 34471 Based on: Warranty Deed in O.R. Book 3165, Page 1460, Public Records of Lake County, Florida.
B. Subject to the Rights Held by Others as Follows:
1. Citizens First Bank Southern Terrace Office 3430 Southern Terrace The Villages, Florida 32162 Additional Address: 1050 Lake Sumter Landing The Villages, Florida 32162 Registered Agent: Brian Hudson, Esquire 1050 Lake Sumter Landing The Villages, Florida 32162 Based on: Mortgage in O.R. Book 3165, Page 1461, Public Records of Lake County, Florida.
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Exhibit A – Page 2 of 6
2. Any unknown tenants.
C. Lien for Ad Valorem Property Taxes Held by Lake County
1. Bob McKee
Lake County Tax Collector 320 West Main Street Tavares, Florida 32778
Certified through 09/07/15 09/15/15 (mw)
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Exhibit A – Page 3 of 6
FP28 – Fee Simple – Right of Way (RW)
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Exhibit A – Page 4 of 6
FP28 – Fee Simple – Right of Way (RW)
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Exhibit A – Page 5 of 6
FP28 – Permanent Grading, Drainage and Utility Easement (PE)
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Exhibit A – Page 6 of 6
FP28 – Permanent Grading, Drainage and Utility Easement (PE)