HomeMy WebLinkAboutItem V (B) Authorization for City Attorney to Proceed with Appraisal of Right-of-Way Parcels for Kissimmee Ave / Story Road and Maguire Rd / Marshall Farms Rd Intersections t AGENDA 1-03-96
• "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item V B
Q/ .w` COMMISSIONERS
I/ .. RUSTY JOHNSON
_. rkcjIkS
a CITY OF OCOEE SCOTTANDERSON
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eily?
O150 N.LAKESHORE DRIVESCOTT A.GLASS
f►�. OCOEE,FLORIDA 34761-2258 JIM GLEASON
'lj (407)656 2322CITY M ANAGER
�� Of GOOD ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: December 27,1995
RE: ACQUISITION COSTS WITH KISSIMMEE AVENUE/STORY
ROAD/MARSHALL FARMS ROAD IMPROVEMENT PROJECT
At the Work Session on December 14, 1995, the City Attorney and Staff
discussed the next step in the construction process for the intersection of
Kissimmee Avenue/Story Road/Marshall Farms Road. Attached is the City
Attorney's memo and the proposals from two appraisers for the necessary
evaluation of the road right-of-way necessary. It is estimated that the cost of the
appraisal should be no more than $15,000 and the funds are currently found in
the Road Impact Fee account.
This writer respectfully requests that the City Commission authorize the
expenditure not to exceed the amount of$15,000 from the Road Impact Fee fund
so this project can begin.
Respectfully Su mated,
ES:fdg
iii,Attachments
11 FOLEY & LARDNER
ATTORNEYS AT LAW
r SUITE 1800 A MEMBER OF GLOBALEX
III NORTH ORANGE AVENUE WITH MEMBER OFFICES IN
ORLANDO. FLORIDA 32801 BERLIN
JACKSONVILLE TELEPHONE 14071 423-7656
BRUSSELS
TALLAHASSEE DRESDEN
TAMPA FACSIMILE 14071 648-1743 FRANKFURT
WEST PALM BEACH MAILING ADDRESS. LONOON
MILWAUKEE PARIS
MADISON POST OFFICE BOX 2193 SINGAPORE
CHICAGO ORLANDO. FL 32802-2193 STUTTGART
WASHINGTON. D.C.
TAIPEI
II
ilMEMORANDUM
41 TO: Ellis Shapiro, City Manager
FROM: Paul E. Rosenthal, Esq. , City Attorney i -.( , ___-
DATE: December 12, 1995
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RE: Acquisition Costs Associated with Kissimmee Avenue/
11 Story Road/Marshall Farms Road Improvement Project
I.
In connection with the above-referenced project, it is
anticipated that the City will incur costs associated with both
title reports and appraisals. Additionally, the City will incur
11 legal expenses with the City Attorney associated right-of-way
acquisition. In the event it becomes necessary to file an eminent
domain action, it is likely that the City will be responsible for
the payment of attorneys ' fees, appraisal fees and possibly expert
41 witness fees incurred by the property owner.
Pursuant to your request, I have obtained proposals for
both appraisal and survey services. Please find enclosed a
41 memorandum to me from Mary Doty forwarding two appraisal fee
proposal and providing a summary with respect thereto indicating a
price range between $9, 000 and $15, 000, exclusive of any trial
testimony. Additionally, Fidelity Title and Guaranty Company has
11 advised that they will provide title search reports on the basis of
$125 per parcel for a total charge of $875.
`11 In the event the City is able to acquire the necessary
rights-of-way and easements through donations or voluntary
acquisitions, I would estimate our attorneys' fees to be between
01 $17, 000 and $25, 000. Additionally, the City would incur title
insurance costs which cannot be calculated until we have an
indication of the value of the properties. For budgeting purposes,
r I would estimate title insurance costs of $10, 000. In the event it
F is necessary to pursue any condemnation proceedings, I would then
estimate our total attorneys ' fees to be between $30, 000 and
11
,II E5 ' AB ,- S . E D 8 4 2
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41 Ellis Shapiro, City Manager
December 12, 1995
Page 2
II
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$50, 000. Attorneys' fees and costs for the property being
condemned could easily average between $15, 000 and $20, 000 per
II parcel. Until such time as the appraisals are obtained and an
initial contact is made with the property owners, it is very
difficult to predict the amount of attorney time which will be
11 involved and the likelihood of the need to pursue condemnation
proceedings.
If I can provide you with any additional information,
please let me know.
II PER:dh
Enclosure
11 cc: Montye Beamer, Director of Administrative Services (w/o enc. )
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C:\WP51\DOCZOCOOMEMOSTERDDH I II 21;12112/95!DEBBIEH I PER:dh
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411 XEMORANDUI(
IfTO: Paul R. Rosenthal
FROM: Mary A. DotytiLtb
11 DATE: December 11, 1995
RE: Kissimmee Avenue Improvements: Appraisal Fee Proposal
IIRequest
Attached are the two appraisal fee proposals received from
Matonis MacDermott DeRango Sorich and The Real Estate Consortium.
The Matonis firm has provided an estimated fee proposal of $15, 000,
which does not include expert testimony necessitated by
1 condemnation proceedings. The Matonis fee proposal is based on a
report delivery date of January 15, 1996. Mr. Matonis told me on
the phone that a delivery date of January 31, 1996 would not change
his fee proposal.
11
The second proposal is from The Real Estate Consortium. For
a delivery date of January 15, 1996, The Real Estate Consortium has
provided a fee proposal of $10,500. For a delivery date of January
31, 1996, the fee proposal is $9, 000. Once again, this fee
proposal is exclusive of trial testimony necessitated by an eminent
domain proceeding.
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NI MACDERMOTT ? ""
MATONIS DeRANGO SORICH & CO. � �/
Professional Red Estate Appraisers & Advisors
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December 8, 1995 ,,.�-�� -iti
�ARDNE$
City of Ocoee
c/o Ms. Mary A. Doty
Foley and Lardner
111 North Orange Avenue
Suite 1800
Orlando, Florida 32802
I Re: Fee Proposal Request
Maguire Road and Story Road
Roadway and Drainage Improvement Project
Parcels: 101/801, 102, 103/703, 104/704,
I106A/706A, 106B, 709 and 712
Dear Ms. Doty:
I
Per our request, we have prepared an estimated Fee Proposal for the above
Y
referenced parcels. The total estimate for the six (6) fee takings, five (5) temporary
easements, and one (1) permanent easement is $15,000. (Please see attached
summary). Our hourly rate for services in regard to trial proceedings is $150/hour-MAI,
$135/hour-SRA and $85/hour for a researcher.
IAs you will note, we have split Parcel 106 into two separate parcels. Our review of the
construction plans and property ownership's indicate that Parcel 106 encumbers two (2)
I separate parent tracts necessitating separate appraisals. For purposes of our proposal
we have designated the northern property owned by Central Harvesting, Inc., as Parcel
106A/706A and the southern property owned by Messrs. Chute and Scherer as Parcel
1 106B.
The above Fee Proposal is based on a report delivery date by January 15, 199&.
I assuming all construction/right-of-way plans and profiles, stakings, property inspections,
etc., are completed and available in a timely manner.
Thank you for the opportunity to submit this proposal.
Sincerely,
1 MATONIS MACDERMOTT DERANGO SORICH & COMPANY
IZ 4., _
Ste• en J. - anis, MAI
State Certified General Real Estate Appraiser-0001421
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255 S. Orange Avenue • Suite 750 . Orlando,FL 32801
a (407) 843-3377 • FAX(407)841-3823
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1 FEE PROPOSAL SUMMARY
1 PARCEL NO. FEE ESTIMATE EASEMENT ESTIMATE PARCEL TOTAL
101/801 $1,500 $1,000 $2,500
Comments: Parcels 101/801 are located on a 21.77±acre parcel of land improved
with a warehouse/distribution type building. No damages.
1
PARCEL NO. FEE ESTIMATE EASEMENT ESTIMATE PARCEL TOTAL
4 102 $3,000 $ - 0 - $3,000
Comments: Parcel 102 is located on a 41,981 ±SF parcel of land. The taking will
effectively eliminate parking and access to the southwestern most
building resulting in damages to the improvements.
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PARCEL NO. FEE ESTIMATE EASEMENT ESTIMATE PARCEL TOTAL
1 103/703 $1,500 $500 $2,000
Comments: Parcels 103/703 are located on a 15 + acre tract of land at the southwest
Icorner of Maguire Road and Story Road. The taking is a strip take. No
damages.
PARCEL NO. FEE ESTIMATE EASEMENT ESTIMATE PARCEL TOTAL
1 104/704 $1,500 $500 $2,000
Comments: Parcels 104/704 are located on a 10.82 + tract of land at the southeast
11 corner of Maguire and Geneva Road. The taking is a strip take. No
damages.
III PARCEL NO. FEE ESTIMATE EASEMENT ESTIMATE PARCEL TOTAL
106A/706A $1,500 $500 $2,000
Comments: Parcels 106A/706A are located on a 69,700± SF tract of land improved
with an industrial/warehouse type building. The taking is a strip take. No
IIdamages.
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FEE PROPOSAL SUMMARY (continued)
PARCEL NO. FEE ESTIMATE EASEMENT ESTIMATE PARCEL TOTAL
106B $2,500 $- 0 - $2,500
Comments: Parcel 7066 is located on a 2.49 ± acre tract of land improved with an
office/warehouse type building. The tsking will impact approximately
seven (7) parking spaces which service the office area. For purposes of
this report, we have assumed these spaces could be relocated along the
front of the office resulting in no damages. However, if at a later date it is
determined that these parking spaces could not be relocated, there will
be damages to the remainder requiring a before and after analysis, and
expenses for outside experts, i.e., planners/engineers.
PARCEL NO. FEE ESTIMATE EASEMENT ESTIMATE PARCEL TOTAL
709 $ - 0 - $500 $500
_. Comments: Parcel 709 is located on a 3.34 ± acre tract of land improved with an
office/warehouse type building. No damages.
PARCEL NO. FEE ESTIMATE EASEMENT ESTIMATE PARCEL TOTAL
712 $ - 0 - $500 $500
Comments: Parcel 712 is a temporary easement located in the existing driveway of a
small wood frame residence. No damages.
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TOTAL FEE PROPOSAL: $15,000
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ii CONSORTIUM R E
Ea
3 DEC - ? 1999
December 6, 1995 & LARD1gEJ
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City of Ocoee
I c/o Ms. Mary A. Doty
Foley & Lardner
Attorneys at Law
Jill N. Orange Avenue
Suite 1800
Orlando, FL 32801
Re: City of Ocoee Roadway Improvement Project
IDear Ms. Doty:
In response to your letter of November 30, 1995, I have prepared this proposal with regard to
our firm's availability to provide appraisal and expert testimony involving the aforedescribed
improvement project.
Consortium Appraisal, Inc. is uniquely positioned to undertake this assignment as the result of
extensive real estate research efforts that we have been undertaking within the Ocoee area.
I During the past year, our firm has been providing consulting services to the Orlando/Orange
County Expressway Authority as it relates to the proposed Western Beltway and its corridor
through the City of Ocoee.
' In preparing this proposal, I have made a preliminary determination as to the Parent Tract
associated with each acquisition parcel. Based upon my initial interpretations of the proposed
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takings, as depicted by the legal descriptions and sketches provided, it is my opinion that a self-
contained appraisal report should be written for each Parent Tract. This is the highest level of
reporting available to an Appraiser and, thus, will meet your needs for both initial acquisition and
111 possible condemnation. Attached, hereto, are the qualifications of the primary Appraisers
anticipated to undertake this assignment.
IOur firm's fee for preparation of the required appraisals is $10,500, based upon a delivery date
of January 15, 1996 or$9,000 based upon a delivery date of January 31, 1996. Trial preparation
and expert testimony necessitated by any condemnation proceedings will be billed at an hourly
Irate of $150 per hour for my time and $100 per hour for staff appraisal time.
Since the possibility exists that appraisal expert testimony may be required, I have attached to
this letter a summary of significant testimony given by me in Central Florida during the recent
past. The decision in each case has been consistent with my testimony.
Mailing Address:Post Office Drawer 2129.Winter Park.Florida 32790
(407) 647-0800 Fax # (407) 645-2301
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4 City of Ocoee
c/o Mary A. Doty
1 December 6, 1995
Page Two
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In order to prepare the necessary appraisals, the following information and/or coordination will
be required.
1. A copy of the construction plans.
1 2. A copy of the title work for each parcel.
1 3. The staking of each parcel by Professional Engineering Consultants, Inc.
4. A copy of the temporary construction easement document.
5. A copy of the permanent drainage easement document.
If any additional information is needed in order to assist the City of Ocoee in its selection
'! process, please do not hesitate to contact me.
Respectfully submitted,
ICONSORTIUM APPRAISAL, INC.
, Col
•
Vice P i orporate Seal)
r I State-Certified General Real Estate Appraiser
Florida License No. 0000253
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QUALIFICATIONS OF THE APPRAISER
NAME:
Harry W. Collison, Jr.
BUSINESS ADDRESS:
Consortium Appraisal, Inc.
Post Office Drawer 2129
Winter Park, Florida 32790
41 CERTIFICATION & LICENSURE:
State - Certified General Real Estate Appraiser
Florida License Number 0000253
Georgia License Number 004473
Registered Real Estate Broker
Florida License Number BK 0220459
GENERAL EDUCATION:
Bachelor of Science Degree in Business Administration and Economics, Rollins College, Winter Park,
Florida
Masters of Business Administration Degree
Roy E. Crummer Graduate School of Business
Rollins College, Winter Park, Florida
Ph.D.Studies - Real Estate and Urban Analysis, College of Business Administration, University of
Florida, Gainesville, Florida
REAL ESTATE EDUCATION:
Sponsor: Rollins College, Winter Park, Florida
1. Real Estate Law
2. Real Estate Principles and Practices
3. Real Estate Finance
4. Real Estate Investments
5. Real Estate Appraising
Other: Various Continuing Education courses and seminars
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Qualifications I HARRY W. COLLISON, JR. (Cont'd.)
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. APPRAISAL EDUCATION:
Sponsor: Society of Real Estate Appraisers
1. Appraising Real Property 101 (1977)
2. Principles of Income Property Appraising 201 (1978)
3. Professional Practice
Sponsor: American Institute of Real Estate Appraisers
1. Single Family Residential Appraisals 8 (1977)
F 2. Case Studies in Real Estate Valuations 2-1 (1989)
3. Changing Standards of Neighborhood Analysis
4. Component Depreciation for Real Estate Investments
Sponsor: Consortium Research and Development and the FHLBB
1. Federal Home Loan Bank Board Regulation R-4 lb
Sponsor: Ph.D. Program, Graduate School of Business, University of Florida, Real Estate
Core
1. Real Estate Valuation
2. Land Use Analysis
3. Real Estate Investment
4. Real Estate Finance
Other: Various Continuing Education courses and seminars.
APPRAISAL EXPERIENCE:
Real Estate Appraiser and Consultant from 1976 to present
President of Consortium Appraisal, Inc.
Appraisals have been performed on most types of properties including vacant land, single family
homes, subdivisions, condominiums, multifamily complexes, general office buildings, medical office
buildings, warehouses, industrial complexes, distribution centers, retail stores, shopping centers,
11 restaurants, service stations, agricultural lands, right-of-way projects, hotels, mobile home parks,
planned unit developments, specific purpose properties and numerous other property types.
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Qualifications L HARRY W. COLLISON, JR. (Cont'd.)
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The appraisal functions include internal decision making, financing, estate matters, taxation, eminent
domain, casualty loss and legal matters.
IExpert testimony has been given in various judicial circuits throughout Florida and in federal courts.
Testimony has been in matters of eminent domain, casualty losses, bankruptcy and torts where real
property values were an issue.
Appraisal services are provided to a nationwide de base of government, private and institutional clients.
Related real estate services include feasibility and market analysis, real property taxation, demographic
1 analysis, highest and best use analysis and data collection.
PUBLICATIONS:
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Authored - "Project Planning Aids Appraisers", The Appraisal Journal, April 1985
1 Contributing Source:
The Wall Street Journal
4 The Minneapolis Star and Tribune
The Orlando Sentinel
II WMFE-TV Documentary
Florida Forecast
Florida Today 1ANewsday, New York
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QUALIFICATIONS OF THE APPRAISER
NAME:
Philip F. Wood
BUSINESS ADDRESS:
31
Consortium Appraisal, Inc.
11 Post Office Drawer 2129
Winter Park, Florida 32790
GENERAL EDUCATION:
1111 Bachelor of Science Degree in Business Administration
Florida State University, Tallahassee, Florida, 1970
APPRAISAL EDUCATION:
Completed the following courses under the direction of
11 the American Institute of Real Estate Appraisers:
Course 1-A - R/E Appraisal Principles & Practices
Course 1-B Capitalization Techniques in Real Estate Appraising
Course 2 - Urban Properties
Course 4 - Condemnation
Completed the following course under the direction of the Society of Real Estate Appraisers:
Course 201 - Income Property Analysis
APPRAISAL EXPERIENCE:
Staff Appraiser with the Florida Department of Transportation from August 1970 to August 1973
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Real Estate Appraiser and Consultant from 1973 to present. A corporate partner in Consortium
Appraisal, Inc. Vice President of The Real Estate Consortium, Inc.
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Oualifications of the Appraiser / PHILIP F. WOOD: (Contid.)
Qualified Expert Witness in condemnation testimony in Orange, Seminole, Osceola and Broward
Counties.
Engaged exclusively in the appraisal of real estate. Completed appraisals on residential, commercial,
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industrial, agricultural, acreage, air rights, and special purpose properties with additional experience in
lease analysis, condemnation appraising and testimony and income evaluation.
Presently holds a Real Estate Broker license in the State of Florida.
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PROFESSIONAL DESIGNATIONS:
Member of the Appraisal Institute holding the designation of MAI, Certificate #5942; also holding the
designation SRPA, Senior Real Property Appraiser.
State-Certified General Real Estate Appraiser
Florida License Number 0000777
RECERTIFICATION:
The Appraisal Institute conducts a voluntary program of continuing education for its designated
members. MAI's and RM's who meet the minimum standards of this program are awarded periodic
educational certification. Philip F. Wood is certified under this program through December, 1997.
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QUALIFICATIONS OF THE APPRAISER
NAME:
Charles B. Byrd
BUSINESS ADDRESS:
Consortium Appraisal, Inc.
Post Office Drawer 2129
Winter Park, Florida 32790
4 CERTIFICATION & LICENSURE:
State-Certified General Real Estate Appraiser
Florida License Number 0000908
EDUCATION:
Bachelor of Science Degree, Agricultural Economics with Real Estate Option,
Brigham Young University, Provo, Utah
APPRAISAL EDUCATION:
Sponsor: American Institute of Real Estate Appraisers
Completed:
1 Course 1A1 - Real Estate Appraisal Principles
Course 1A2 - Basic Valuation Procedures
Course 8-2 - Residential Valuation
Course IBA - Capitalization Theory and Techniques, Part A
Course 1BB - Capitalization Theory and Techniques, Part B
Course 2-3 - Standards of Professional Practice
Course 2-1 - Case Studies in Real Estate Valuation
Course 2-2 - Valuation Analysis and Report Writing
APPRAISAL EXPERIENCE:
Real Estate Appraiser 1983 to present
Engaged in the appraisal of residential, commercial and industrial properties
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