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

2 S:\DOCUMENT\2015\LITIGATION\Eminent Domain\CR466A\Myers\Resolution\Resolution_9_23_15.doc

(§§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


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”.


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


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,


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


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.



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)



FP28 – Fee Simple – Right of Way (RW)



FP28 – Permanent Grading, Drainage and Utility Easement (PE)

resolution no. 2015 a resolution of the board of …

Documents