HomeMy WebLinkAboutVII (B) Discussion/Action re: Recommendation to Rescind Resolution No. 97-05, Vacating a Portion of Palm Drive Agenda 6-2-98
Item VII B
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S. SCOTT VANDERGRIFT
Ocoee
o` irfrCOMMISSIONERS
CITY OF OCOEE DANNY HOWELL
p \� SCOTT ANDERSON
150 N.LAKESHORE DRIVE SCOTT A.GLASS
v �a•� p OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
(407)656-2322
CITY MANAGER
�'P 0 GOO'0 ELLIS SHAPIRO
STAFF REPORT
DATE: May 27, 1998
TO: Honorable Mayor and City Commissioners
FROM: Russ Wagner, AICP, Director of Planning
SUBJ: Palm Drive Vacation
ISSUE:
Should the Honorable Mayor and City Commissioners rescind Resolution No. 97-05
which vacated and abandoned a portion of Palm Drive?
BACKGROUND:
On June 17, 1997, the City Commission approved Resolution No. 97-05 (attached)
which vacated that portion of Palm Drive over which the Western Beltway was planned
to cross. This action was taken subject to execution of a Joint Participation Agreement
which provided for a bridge to be built over Pine Street rather than Palm Drive. This
agreement specified that the Orlando-Orange County Expressway Authority (OOCEA)
would design and build this bridge subject to the City of Ocoee's participation in right-of-
way and limited construction costs needed to extend existing Pine Street over to East
Crown Point Road.
DISCUSSION:
Over the last year, the City commission has extended the Joint Participation Agreement
numerous times at the request of the OOCEA to allow them time to work out a dispute
with Britt Farms over provisions of a prior right-of-way acquisition agreement related to
the closing of Palm Drive. After a number of recent meetings with the OOCEA to
discuss details of the design of the bridge over Palm Drive, it was brought to the City's
attention that the OOCEA had concerns regarding right-of-way acquisition for the
extension of Palm Drive, and that they would expect the City to absorb these costs.
016
Page 2
Honorable Mayor and City Commission
May 27, 1998
On April 14, 1998, Harold Worrall of the OOCEA wrote a letter to Ellis Shapiro
(attached) outlining new conditions for inclusion of the Palm Drive overpass as part of
the Western Beltway Final Plans. In response to this letter, staff met with OOCEA staff
to further discuss whether the City could take any action to forestall this change in plans.
Since right-of-way was the biggest issue, the City offered to contact the property owner
who would be most affected by the extension to determine his willingness to sell. At the
direction of the City Manager, Jim Shira contacted the affected property owner and
found that he had no interest in negotiating an acquisition, and that the City and/or
OOCEA would have to condemn his property. Shortly after this, the OOCEA attorney
sent another letter dated May 11, 1998 to the City Manager, (attached) which basically
said that time was up and that the OOCEA intended to build the bridge over Palm Drive
rather than Pine Street.
STAFF RECOMMENDATION:
Based upon the nonperformance of the OOCEA to execute the Joint Participation
Agreement, there is no need to vacate a portion of Palm Drive; therefore, Staff
respectfully recommends that the Mayor and City Commission rescind Resolution No.
97-05.
RBW/csa
Attachment
C:WLL_DATA\CAPDFILE\Staff Reports\CC SR\SR98018.doc
Ocoee City Commission Regular Meeting
June 17,1997
Item III-G - Joint Participation Agreement- was discussed here in conjunction with item V.
B-Resolution No. 97-05, Vacating/Abandoning Palm Drive.
RESOLUTION No. 97-05, VACATING/ABANDONING PALM DRIVE. (Continued from May 20)
City Attorney Rosenthal read this Resolution by title only. Capital Projects/Concurrency
Analyst Resnik presented staff reports for items III-G - Joint Participation Agreement with
the Expressway Authority and Resolution No. 97-05 - Vacating/Abandoning Palm Drive.
Item III-G:
Ms. Resnik explained that the City was committing to a purchase of Pine Street right-of-way at
some point in the future. The price would range from $160,000 if no difficulties were incurred,
but could run up to $280,000 to $300,000 should it be necessary to go to condemnation. The
Expressway Authority has agreed to acquire the remaining portion of the Pine Street right-of-
way as part of its land acquisition phase for the Western Beltway. The property that the
Authority has already acquired on Pine Street, which includes the area of the bridge and related
retention areas will be deeded to the City at no cost. The City of Ocoee would in turn reimburse
the Authority for land acquisition costs related to the balance of the property. The Joint
Participation Agreement formally defines and sets forth the method of repayment to the
Authority.
Commissioner Glass, seconded by Commissioner Parker, moved to adopt item III-G - Joint
Participation Agreement- subject to the adoption of Resolution 97-05. Motion carried 5-0.
Item V. B:
Mayor Vandergrift said that the City would agree to vacate a portion of Palm Drive so that the
Western Beltway could construct a fly-over Pine Street within the next 3 to 5 years.
City Attorney Rosenthal said that staff has requested the approval of Resolution 97-05 subject
to the Expressway Authority signing the Joint Participation Agreement on or before September
17, 1997, so that if the Expressway Authority had not made a decision by that date, Resolution
97-05 and the Joint Participation Agreement would be invalid.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Glass, seconded by Commissioner Anderson, moved to approve Resolution 97-
05 subject to the Expressway Authority signing the Joint Participation Agreement on or before
September 17, 1997. Motion carried 5-0.
RESOLUTION No. 97-06, VACATING/ABANDONING ROW ON THE SOUTH SIDE OF LAKE LOTTA
GROVES OFF CLARKE ROAD.
City Attorney Rosenthal read Resolution No. 97-06 by title only. Capital
Projects/Concurrency Analyst Resnik presented the staff report and explained that City staff
had held a pre-application conference with Mr. Worsham and his representatives to discuss the
proposed development of the Worsham property; however, no plans had been formally submitted
4
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY&LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
RESOLUTION NO. 97-05
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
ABANDONING AND VACATING THAT APPROXIMATE
450 FOOT PORTION OF PALM DRIVE RIGHT-OF-WAY
SITUATED APPROXIMATELY 525 FEET WEST OF PINE
STREET AND APPROXIMATELY 945 FEET EAST OF
EAST CROWN POINT ROAD, AS DESCRIBED IN THE
LEGAL DESCRIPTION ATTACHED TO THIS RESOLUTION,
BEING LOCATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF OCOEE, SECTION 18, TOWNSHIP 22
SOUTH, RANGE 28 EAST, SUBJECT TO A PUBLIC
DRAINAGE AND UTILITY EASEMENT AS RESERVED
IN THIS RESOLUTION; PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and
vacate that approximate 450 foot portion of Palm Drive right-of-way situated approximately 525 feet
west of Pine Street and approximately 945 feet east of East Crown Point Road, as described in the
attached Exhibit "A" legal description and sketch, located within the corporate limits of the City of
Ocoee in the northwest quarter of Section 18, Township 22 South, Range 28 East, subject to a
public drainage and utility easement reserved herein, and by this reference made a part hereof(the
"Roadway"); and,
1
WHEREAS, the City Commission of the City of Ocoee desires to reserve a perpetual
public drainage and utility easement(the"Easement") over, under, and/or upon the vacated portion
of the Roadway as described in Exhibit "A" in connection with existing and/or future drainage and
utility facilities which may now or hereafter be located within the Roadway, as well as the perpetual
right of ingress and egress in, over, under and/or upon the Roadway for the purpose of maintaining
said utilities and drainage facilities and any other drainage and utility facilities and any
improvements now or hereafter located thereon which may now or hereafter be located in, over,
under, and/or upon the Roadway; and,
WHEREAS, the City of Ocoee annexed the subject Palm Drive right-of-way into the
corporate limits on April 16, 1985 by Ordinance Number 828; and,
WHEREAS, the City of Ocoee is the owner of the Palm Drive Road right-of-way by virtue
of the dedication to the City as provided in Ordinance Number 828, as recorded in Public Records
Book 3808, Pages 4553 and 4554, of the Public Records of Orange County, Florida; and,
WHEREAS, pursuant to Article II of Chapter 153 of the Code of the City of Ocoee, the City
of Ocoee has filed a City-initiated vacation application to abandon and vacate the Roadway, subject
to the reservation of an easement; and,
WHEREAS,the applicant has complied with the provisions of Section 153-10 regarding the
provision of certain information in connection with the application; and,
WHEREAS, pursuant to Section 153-13 (D) (1) of the Code of the City of Ocoee, a Notice
of Public Hearing before the City Commission was provided by regular mail to owners of real
property abutting the Roadway and all owners of the property within three hundred (300) feet in all
directions of the Roadway; and,
WHEREAS, pursuant to Section 153-13 (D) (2) of the Code of the City of Ocoee, a Notice
of Public Hearing was published one (1) time in a newspaper of general circulation in the City of
Ocoee; and,
WHEREAS, pursuant to Section 153-13 (D) (3) of the Code of the City of Ocoee, a sign
setting forth notice of the public hearing before the City Commission was posted upon the
Roadway; and,
WHEREAS, the City Commission of the City of Ocoee finds that said application and
supporting documents are in accordance with the requirements of Article II of Chapter 153 of the
Code of the City of Ocoee and that the requested action is consistent with the City of Ocoee
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida,
Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of the City of Ocoee.
SECTION TWO. Abandonment and Vacation of the Roadway. Subject to the
provisions of Section Three set forth below, the City Commission of the City of Ocoee, Florida,
hereby abandons, vacates, and renounces any rights in and to that approximate 450 foot portion
of Palm Drive right-of-way situated approximately 525 feet west of Pine Street and 945 feet east
of East Crown Point Road, located within the corporate limits of the City of Ocoee, in the northwest
quarter of Section 18, Township 22 South, Range 28 East, a legal description of such roadway to
be abandoned and vacated is being attached hereto as Exhibit "A" and by this reference made a
part hereof(the "Roadway").
SECTION THREE. Reservation of Public Drainage and Utility Easement.
The City of Ocoee hereby reserves a perpetual public drainage and utility easement over, under,
and/or upon the Roadway as described in Exhibit "A" in connection with any existing and/or future
drainage and utility facilities that may be located within the Roadway and any other drainage and
utility facilities which may now or hereafter be located in, over, under, and/or upon the Roadway;
provided, further, that the reserved drainage and utility easement shall also reserve unto the City
and Public Utility Companies, including their successors and assigns, the perpetual right of ingress
and egress to and from the Roadway and any improvements now or hereafter located thereon for
the purpose of maintaining said utilities and drainage facilities and any other drainage and utility
facilities which may now or hereafter be located in, over, under and/or upon the Roadway.
SECTION FOUR. Recordation. A certified copy of this Resolution shall be filed with
the Orange County Comptroller and duly recorded among the Public Records of Orange County,
Florida.
3
SECTION FIVE. Severability. If any section, subsection, sentence, clause, phrase,
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 SIX. Effective Date. This Resolution shall become effective upon
official notice of commencement of construction by the Orlando-Orange County Expressway
Authority.
PASSED AND ADOPTED this day of , 1997.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
ADVERTISED May 8 , 1997
READ FIRST TIME AND ADOPTED
, 1997,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1997.
FOLEY & LARDNER
By:
Paul E. Rosenthal, City Attorney
4
EXHIBIT "A"
Legal Description - Vacated Right of Way , Palm Drive
A portion of the Northwest 1 /4 of Section 18 , Township
22 South, Range 28 East , Orange County , Florida,
being more particularly described as follows:
Commence at the Northwest corner of said Section 18 ;
thence run SOO° 18 ' 50 "E along the West line of the
Northwest 1 /4 of said Section 18 , a distance of 1283 . 43
feet to the Northerly right of way line of Palm Drive ( a
60. 00 foot right of way as now established ) ; thence
departing the West line of the Northwest I /4 of said
Section 18 , run N88 ° 18 ' 48 "E along the Northerly right of
way line of said Palm Drive, a distance of 302 . 60 feet for
a Point of Beginnning; thence continue N88 ° 18 ' 48 "E
along the Northerly right of way line of said Palm Drive,
431 . 00 feet; thence departing the Northerly right of way
line of said Palm Drive , run S07 ° 59 ' 24 "E 60 . 37 feet to a
point on the Southerly right of way line of said Palm
Drive ; thence run S88 ° l8 ' 48 "W along the Southerly right
of way line of said Palm Drive, a distance of 450 . 12 feet ;
thence departing the Southerly right of way of said Palm
Drive , run NIO° 04 ' 26 "E 61 . 29 feet to the Point of
Beginning.
Containing 0 . 607 acres, more or less.
1
GENERAL NOTEC
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ORLANDO,FLORIDA 32803
REVISION BY DATE DRAWN. JDF (4071896-0494
EXPRESSWAY ORLANDO - ORANGE COUNTY
AUTHORITY 52s SOUTH MAGNOLIA AVENUE.ORLANDO.PLORIDA,21bt-4414
TELEPHONE 007)316.1500•FAX(407)316.3101•W W W.00CEA COM
April 14, 1998
Mr.Ellis Shapiro
City Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee,Florida 34761
Re: Orlando-Orange County Expressway Authority/Western Beltway Part A;
Joint Participation Agreement with City of Ocoee regarding Palm Drive
and Pine Street
Dear Ellis:
The purpose of this letter is to supplement and clarify the Authority's understanding of its
role under the proposed Joint Participation Agreement by and between the Authority and the City
regarding the acquisition of additional right-of-way,and the preparation of plans and
construction of the Pine Street extension_
As you know,the Authority's original plans for the Western Beltway Part A project
called for a bridge over Palm Drive;however,at the request of the City,the Authority undertook
to revise its construction plans to provide for the vacation of Palm Drive and the proposed
extension of Pine Street from its current terminus to East Crown Point Road. The terms and
conditions governing the vacation of Palm Drive and the acquisition of the Pine Street right-of-
way were contemplated to be spelled out in the Joint Participation Agreement. Based on recent
conversations and meetings regarding that Agreement,the City has indicated it desires to have
the Authority acquire the additional right-of-way on the City's behalf without a present
commitment from the City to construct roadway improvements for Pine Street. Further,the City
has indicated its desire to have the Authority prepare construction plans necessary for filing the
condemnation action and to construct improvements to the road as may be necessary to use the
road as an alternative east-west route from the date of the vacation of Palm Drive until the City
undertakes permanent improvements to Pine Street. City staff has proposed that the Authority
absorb the up-front costs of these plans and improvements,which would be reimbursed by the
City(along with other right-of-way acquisition expenses specified in the Joint Participation
Agreement)over a period of seven years with no interest to be paid to the Authority.
RECEIVED
APR 1 51998
A.W AVN1I RICH WILLIAM A./Mown' INET 1.LONG. LINDA W.CHAPIN NANCY M.HOUSTON HAROLD W.WORRALL.P.£
Cna;mran V•ce Cna)rman SecreraryrYressurer E,OK�oa Menver E,Of6ca Membo, i'�,/ao6f D r O,
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Mr. Ellis Shapiro
April 14, 1998
Page 2
While the Authority has been,and still is,willing to assist the City by acquiring Pine
Street right-of-way,including,if necessary,undertaking condemnation in the Authority's name
on behalf of the City,and to advance the costs of the acquisitions,the Authority had not
contemplated advancing the costs for the design and construction of the project. Although the
Authority could achieve some savings from altering its plans to bridge Pine Street rather than
Palm Drive,the Authority's consultants have estimated any such savings may be more than
offset by additional costs incurred in the design and construction of Pine Street as proposed by
the City. Furthermore,as you know,as a result of altering its construction plans at the City's
request,the Authority would expose itself to additional liability to the owners of the Britt
Farming property,including costs of extended enlarged water lines to that property(at an
estimated cost of$129,000.00)and paying the owner a liquidated sum of$100,000.00 plus
additional attorney's and consultant's fees the exact amount of which are not yet known).
Finally,the Authority has significant concerns regarding the acquisition and design of the Pine
Street right-of-way with no present commitment from the City as to if or when the final,paved
Pine Street project will be completed.
In light of the foregoing,the Authority is not in a position to proceed under the Joint
Participation Agreement unless the City agrees to pay in advance all projected costs of
engineering plans and improvements to Pine Street,and to pay in advance all costs of the
additional obligations to be incurred by the Authority with respect to Britt Farming Company_
While we understand that discussions between the parties have gone on for some time,
we would ask that the City advise the Authority as soon as possible if these terms and conditions •
are acceptable so that we may finalize the form of the Joint Participation Agreement. Because of
the looming time deadlines for commencement of construction on the Western Beltway project,
if the City has not advised the Authority of its agreement to the foregoing terms within the next
week,it will be necessary for the Authority to proceed under the original construction plans of
bridging over Palm Drive.
We look forward to hearing from you soon.
Sincerely,
Harold W. Worrall,Ph.D.,P_E.
Executive Director
HWW:dm ( i
cc: Mayor Scott Vandergrift
A_Wayne Rich
Paul E.Rosenthal,Esquire
C.David Brown,H,P.A.
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RECEI
May 11, 1998 QED
vIA L.S. Mit NAY t 3 199.
Mr. Ellis Shapiro, City Manager FOLEy & LARDNER
City of Ocoee, Florida
150 North Lakeshore Drive
Ocoee, Florida 34761
Re: Orlando-Orange County Expressway Authority/Western Beltway Part A;
Palm Drive, Parcel 62-170
(Our File No.: 12842-0256)
Dear Mr Shapiro:
Following up on recent discussions regarding the above-referenced ',atter, in light of
the Looming time deacllines for co P*V- ►nt of construction on the Western Beltway project
and the City's stated objection to contributing to the additional obligations to be incurred by the
Authority with respect to Britt Fanning Company as a result of altering project construction
plans at the City's request, the Authority has determined that it must proceed at this time under
its original construction plans for bridging over Palm Drive instead of Pine Street_
The Authority has discussed the City's proposal to pursue a right-of-way maintenance
• map to cover the area from the current terminus of Pine Street south to that portion of
proposed Pine Street already owned by the Authority, but the County has indicated it may not
be able to approve such a maintenance map (at least not in a timely fashion) without proof that
the County had actually constructed the road. Moreover, it is not certain that the Authority
WITH OFFICES DI: LOCA RATOM• FT.LAUDERDALE• 1.0AM1• TALLAHASSEE - TAMPA • WISP PALS[MAO!
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Mr.Eft Slavin),ary Manager -
Florida
May 1I.1998
Page 2
and the City could obtain the remainder of the right of way necessary for the proposed Pine
Street extension without further risk of potential project delay. Therefore, to avoid further
uncertainty as to coats and timing of the project, the Authority is proceeding with its original
plans to bridge Palm Drive.
We thank you for the City's continued support and cooperation in the Western Beltway
project. Should you have any other questions or comments, please do not hesitate to contact
me. Until then, I remain,
- V yo ,
ti
C. 4 Brown, II, P.A.
Cc: Mayor Scott Vandergrift
A. Wayne Rich, Chairman
Orlando-Orange County Expressway Authority
Harold W. Worrall, Ph.d., P.E.
Executive Director /
Paul E. Rosenthal, Esquire V
Robert F. Mallett, Esquire.
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BROAD AND CASSEL
ORLIIREALFSTM 43502.1
12842 36$W 325 PM
9/9 30tJd EbLL+868'QI 2I3NQ?It1I ONH A3103'14093 80. 11 BB-LZ-AWW