HomeMy WebLinkAboutVII (E) First Amendment to Purchase Agreement with Heller Bros Groves - Maguire Road Widening Project Agenda 2-15-2000
' Item VII E
— "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
OCOGO S. SCOTT VANDERGRIFT
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CITY OF OCOEE
COMMISSIONERS
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v G 150 N.LAKESHORE DRIVE SCOTT ANDERSON
�, O OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
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CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
DATE: February 8, 2000
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E., City Engineer/Utilities Director
SUBJECT: First Amendment to Purchase and Sale Agreement
On December 21, 1999 the City Commission authorized execution of a Purchase and Sale
Agreement between the City and Heller Bros. Groves for certain parcels of land related to the
Maguire Road widening project.
The purpose of this First Amendment (the Amendment) to the Purchase and Sale Agreement is
to provide property for a stormwater retention area and certain drainage easements north of
the Turnpike. This pond, referred to in the Amendment as the Northern Retention Pond, will
handle stormwater runoff from Maguire Road.
The Amendment addresses the relocation of existing utilities which will be affected by the
construction of the proposed pond, and also addresses the disposition of the material which will
be excavated during the construction of the pond.
The Amendment sets a purchase price for the pond parcel of$618,064.00 which is a price of
$4.00 per square foot. This parcel is a portion of a large unplatted tract, for which an appraised
value of$5.75 per square foot has been established. In exchange for the lower-than-appraised-
value price, the Amendment calls for the City to place the excavated material on the adjacent
property in accordance with plans provided by Heller.
This fill material placement work is subject to receipt of applicable permits, and if those permits
are not forthcoming, the Amendment allows the purchase price to be adjusted to $4.75 per
square foot. In that case, the material excavated from the pond becomes the property of the
City.
This Amendment provides the last retention pond parcel required for the Maguire Road
widening project.
I recommend that the City Commission authorize the Mayor and City Clerk to execute the First
Amendment to Purchase and Sale Agreement .
OH:
Protect lcoee's Water 8htuurchs.
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
This First Amendment (this "Amendment") is made and entered as of the day
of February, 2000 by and between. HELLER. BROS. GROVES, a Florida general
partnership, whose address is Post..Office Box 770249, Winter Garden, Florida 34777
(hereinafter referred to as "Seller") and the CITY OF OCOEE, a Florida municipal
corporation, whose address is 150 North Lakeshore. Drive, Ocoee, Florida 32761 (hereinafter
referred to as the "City").
PREMISES:
WHEREAS, Seller and City have entered into that certain Purchase and Sale
Agreement dated December 21, 1999 (the "Agreement"); and
WHEREAS, City and Seller have agreed to amend certain terms and provisions of the
Agreement; and
WHEREAS, the Seller is the owner of fee simple title to certain additional parcels of
land located north of the Florida Turnpike and within West End Professional Park in Orange
County, Florida, said parcels being more particularly described as follows:
1) that certain parcel of land described in Exhibit "B-6" attached hereto
and by this reference made a part hereof and consisting of 154,516 gross square feet of
land, more or less (hereinafter referred to as the "Northern Retention Pond Parcel");
2) that certain parcel of land described in Exhibit "C-8" attached hereto
and by this reference made a part hereof (hereinafter referred to as the "Northern
Drainage Easement Parcel");
3) that certain parcel of land described in Exhibit "C-9" attached hereto
and by this reference made a part hereof (hereinafter referred to as the "Northern
Utility Easement Parcel"); and
WHEREAS, in connection with the construction of the Project the City needs to
acquire from the Seller the following interests in the above described lands owned by Seller:
1) Fee simple title to the Northern Retention Pond Parcel;
2) A permanent drainage and outfall easement (the "Northern Drainage
Easement") over, across and under the Northern Drainage Easement Parcel; and
3) A permanent sanitary sewer, water and access easement (the "Northern
Utility Easement") over, across and under the Northern Utility Easement Parcel;
(the Northern Retention Pond Parcel, the Northern Drainage Easement Parcel and the Northern
Utility Easement Parcel being hereinafter collectively referred to as the "Northern Parcels");
and
WHEREAS, the City has advised Seller that if the Seller does not enter into this
Amendment and close on the conveyance of the Northern Parcels pursuant to the terms of this
Amendment that the City intends to use its power of eminent domain to condemn its required
interests in the Northern Parcels; and
WHEREAS, subject to the terms, conditions and limitations set forth herein, Seller,
under threat of condemnation, has agreed to sell to the City, and the City has agreed to
purchase from the Seller its required interests in the Northern Parcels as set forth herein.
02/09/00
006.165621.7
WITNESSETH:
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, City and Seller hereby agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. Definitions. All references in the Agreement and this Amendment to: (a) the
"Property" shall be deemed to include the Northern Parcels; (b) the "Fee Parcels". shall be
deemed to include the Northern Retention Pond Parcel; (c) the "Easements" shall be deemed to
include the Northern Drainage Easement and the Northern Utility Easement; .(d) the "Easement
Parcels" shall be deemed to include the Northern Drainage Easement Parcel and the Northern
Utility Easement Parcel; and (e) the terms "Suitable Fill Material" and "Unsuitable Fill
Material" shall mean as provided in the contract specifications (FDOT Standard specifications
for road and bridge construction, dated 1999).
3. Conveyance of Fee Simple Title to Northern Retention Pond Parcel.
Paragraph 2 of the Agreement is hereby amended by adding the following sentence at the
beginning of said Paragraph 2: "Seller, under threat of condemnation, agrees to sell and the
City agrees to purchase, for the purchase price and on the terms and conditions herein set
forth, the Northern Retention Pond Parcel, together with all tenements, hereditaments,
improvements, structures, fixtures, trees, shrubbery, roads and easements, appertaining thereto
and all of Seller's right, title and interest therein."
4. Grant of Additional Easements by Seller. Paragraph 3 of the Agreement is
hereby amended by adding Subparagraphs 3(C), 3(D) and 3(E) as follows:
"(C) Seller, under threat of condemnation, agrees to grant to the City, on the
terms and conditions herein set forth, the following additional easements: (i) the
Northern Drainage Easement, and (ii) the Northern Utility Easement. The
Northern Drainage Easement and the Northern Utility Easement shall be in
substantially the form set forth in Exhibit "E-1" and Exhibit "E-2",
respectively, to the Agreement, except as otherwise noted herein.
(D) It is agreed that the following shall be applicable to the Northern Drainage
Easement: (i) it is intended that the Northern Drainage Easement Parcel be a
parcel with a centerline along the south boundary line of proposed Lot 9 and the
north boundary line of proposed Lot 10 as shown on that certain "West End
Professional Park Revised Concept Plan" prepared by Donald W. McIntosh
Associates, Inc. under Job Number 86528 dated October 15, 1999 as revised
February 1, 2000, a copy of which is attached hereto as Exhibit "G" and by
this reference made a part hereof (the "West End Concept Plan"); and (ii) the
Northern Drainage Easement and the underground drainage pipes to be located
therein will be for the sole purpose of(a) providing a drainage outfall to Tract A
of the Plat of West End Professional Park Unit 1 as recorded in Plat Book 34,
Page 139 of the Public Records of Orange County, Florida (the "West End
Plat") from Professional Center Boulevard, Lot 1 of the Plat of Medcare Center
as recorded in Plat Book 18, Page 136 of the Public Records of Orange County,
Florida, and a 100-year retention pond to be constructed by the City on the
Northern Retention Pond Parcel as part of the Project (the "Northern Retention
Pond" or "Pond 5"), and (b) providing a drainage outfall to said Tract A from
proposed Lots 9 and 10 as shown on the West End Concept Plan to the extent
such outfall is needed for the development of said lots.
(E) It is agreed that the following shall be applicable to the Northern Utility
Easement: (i) the Northern Utility Easement will be a sanitary sewer, water and
access easement; (ii) to the extent that the Northern Utility Easement Parcel
overlaps the proposed new roadway within West End Professional Park which is
located between proposed Lot 8 and proposed Lot 9 as shown on the West End
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Concept Plan (the "New Road"), the City will attempt to locate the utility
improvements along the centerline of the New Road; (iii) at such time as the
New Road is platted and dedicated as a public roadway the City will terminate
the Northern Utility Easement except to the extent that utility improvements are
located or proposed to be located within the Northern Utility Easement Parcel,
but outside of such platted New Road; (iv) it is intended that the width of the
Northern Utility Easement be reduced at a subsequent date and that the City will
release that portion of the Northern Utility Easement which the City determines
is not required based on the final design for the installation of sewer and water
utilities within said easement; (v) it is intended that the Northern Utility
Easement connect sanitary manhole #4 to sanitary manhole #1.
5. Purchase Price. Paragraphs 4(A) and 4(B) of the Agreement are hereby
amended to read as follows (additions being underlined; deletions being struck thru):
"(A) The Purchase Price for the
Agreement Retention Pond Parcels shall be THREE HUNDRED TWENTY
THOUSAND AND NO/100 DOLLARS ($320,000) (the "Retention Pond
Parcels Purchase Price") which represents the appraised value of the Retention
Pond Parcels based upon an appraisal obtained by the City. The Purchase Price
for the Northern Retention Pond Parcel shall be SIX HUNDRED EIGHTEEN
THOUSAND SIXTY-FOUR AND NO/100 DOLLARS ($618,064.00) (the
"Northern Retention Pond Parcel Purchase Price") which represents a purchase
price of $4.00 per square foot which is an amount below the appraised value of
the Northern Retention Pond Parcel based upon an appraisal obtained by the
City. The Retention Pond Parcels Purchase Price and the Northern Retention
Pond Parcel Purchase Price are herein collectively referred to as the "Purchase
Price" which totals NINE HUNDRED THIRTY-EIGHT THOUSAND
SIXTY-FOUR AND NO/100 DOLLARS ($938,064.00); provided, however,
that the Northern Retention Pond Parcel Purchase Price is subject to an upward
post-closing adjustment in the amount of $115,887.00 which represents an
additional $0.75 per square foot, all as more specifically set forth in Paragraph
29(D) of this Agreement. The parties hereto acknowledge that the City has not
obtained an appraisal of the East Corner Clip Parcels, the West Corner Clip
Parcels and the Easement Parcels and that Seller has agreed to convey the East
Corner Clip Parcels and West Corner Clip Parcels and grant the Easements to
the City without any additional consideration other than the agreement of the
City to perform its covenants and agreements set forth herein.
(B) The parties hereto acknowledge and agree that the Purchase Price and
performance by the City of its covenants and agreements set forth in this
•
Agreement: (a) constitutes full compensation to the Seller for the value of the
Fee Parcels, Northern Retention Pond Parcel and the Easements and the
resultant damage, if any, to the Parent Tracts and West End Professional Park
owned by the Seller; (b) includes full compensation to the Seller for all trees,
shrubbery and other improvements on the Property, all of which may be
removed by the City in connection with the Project; and (c) includes
compensation and reimbursement to the Seller for all costs and expenses
incurred or to be incurred incident to this Agreement and the closing hereof,
including but not limited to attorneys' fees and appraisal fees."
6. Title Commitment. Paragraph 5(A) of the Agreement is amended to provide
that the Title Commitment, including the North Retention Pond Parcel, the North Drainage
Easement Parcel and the Northern Utility Easement Parcel, shall be delivered to the City prior
to the Closing.
7. Closing. Paragraph 11 of the Agreement is amended to provide that the Closing
Date will be February 16, 2000.
8. Additional Covenants by City. The Agreement is hereby amended by the
addition of a new Paragraph 29 to read as follows:
3 006.165621.7
"29. As additional consideration and as a material inducement for Seller to
enter into the Agreement and to agree to convey the Northern,Retention Pond
Parcel to the City and grant the Northern Utility Easement and the Northern
Drainage Easement to the City, the City hereby further covenants and agrees as
follows:
(A) As part of the Project the City agrees to. design, engineer, permit and
construct, at the City's sole cost and expense, an unfenced retention pond on the
Northern Retention Pond Parcel and improvements appurtenant thereto, including (i)
the relocation of existing sanitary sewer force main and gravity lines within the
Northern Utility Easement Parcel to the extent the City determines they are affected by
the Project, (ii) the relocation of the lift station to the extent, if at all, the City
determines it is affected by the Project, and (iii) the relocation of existing stormwater
lines to the extent, if at all, the City determines they are affected by the Project
(collectively, the "Additional Project Improvements"). The foregoing shall be
incorporated by the City into the Plan Sheets.
(B) The Seller shall have no liability or responsibility for the operation,
maintenance and repair of the Northern Retention Pond. Further, this Agreement is not
intended to grant to Seller any rights to use the Northern Retention Pond.
(C) The conveyance of the Northern Retention Pond Parcel shall be subject
to the continued ownership interest of Seller in and to all suitable fill material removed
by the City from the Northern Retention Pond Parcel in connection with the Project (the
"Suitable Fill Material"). The City shall use its best efforts to design the Northern
Retention Pond to be dug to a depth which maximizes the amount of Suitable Fill
Material. Seller agrees that the foregoing criteria are satisfied by the proposed design
of the Northern Retention Pond prepared by PEC and attached hereto as Exhibit "H"
and by this reference made a part hereof (the "Northern Retention Pond Design" or the
"Pond 5 Detail Sheet"). Attached hereto as Exhibit "I" and by this reference made a
part hereof is a fill plan prepared by Donald W. McIntosh Associates, Inc. under Job
Number 99201.0005, as revised February 1, 2000 (the "Fill Plan") which depicts the
approximate locations within West End Professional Park where grass strippings and
Suitable Fill Material will be placed by the City's contractor for the Project (the
"Contractor"). The Plan Sheets shall be revised to incorporate the Northern Retention
Pond Design and provide that, subject to all necessary permits being obtained as
provided in Paragraph 29(D) below, the City shall, at the City's expense, strip the grass
on that portion of the West End Professional Park depicted in the Fill Plan as the areas
for the placement of Suitable Fill Material (the "Fill Areas") and thereafter (i) spread
and layer the grass strippings from the Northern Retention Pond Parcel and the Fill
Areas within the spoil area adjacent to Tract A of the West End Plat as depicted on the
Fill Plan, and (ii) thereafter layer the Suitable Fill Material within the Fill Areas and
compact to 95%. Any unsuitable fill material removed by the City from the Northern
Retention Pond Parcel in connection with the Project (the "Unsuitable Fill Material")
will be removed by the Contractor and hauled off-site; provided, however, that Seller
may, at its option and so long as there is no additional expense to the City, enter into a
separate direct agreement with the Contractor which provides that in lieu of hauling the
Unsuitable Fill Material off-site the Contractor will mix that portion of the Unsuitable
Fill Material accepted by Seller with the Suitable Fill Material, all in accordance with
the specifications of Seller's geotechnical engineer, and spread and compact to 95%
such mixture within the Fill Areas. Neither the City nor the Contractor may charge
Heller for any Unsuitable Fill Material which Heller may elect to have mixed with the
Suitable Fill Material; provided, however, that the Contractor may charge Heller for
the cost of performing any such services in accordance with the aforementioned
separate direct agreement. The Contractor will coordinate with Seller's representative
in connection with the activities undertaken with the portion of West End Professional
Park owned by Seller. The Seller will, at Seller's expense, have an inspector who will
coordinate with the Contractor and conduct such contemporaneous inspections and
tests as are necessary to verify the accuracy of the spreading and compaction of the
Suitable Fill Material and grass strippings. The Seller will complete such inspections
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006.165621.7
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and tests and confirm to the City the results thereof prior to the close-out of the Project.
Seller will be a third party beneficiary to the Project construction contract provisions
with respect to the foregoing Paragraph 29(C) and the City will assign to Seller any
• rights which it may have against the City's contractor for failure to spread and compact
the Suitable Fill Material and grass strippings as provided in the Plan Sheets and
contract documents. The Seller hereby authorizes the City and the Contractor to enter
upon the West End Professional Park to the extent reasonably necessary to comply with
the requirements of this paragraph. The Seller acknowledges and agrees that the City
.does not warrant or guarantee the performance of the Contractor of its obligations
under 'this paragraph, that the Seller will rely on its own inspections and tests and that
the City will have no duty or obligation to independently verify the Contractor's
. performance of its obligations under this paragraph. Further, the Seller hereby releases
the City from any and all liability, costs, claims, demands, damages, actions, causes of
action, suits and expenses (collectively, "Claims") arising out of or related to the
foregoing activities, including but not limited to the entrance onto Seller's property,
and/or the spreading and compacting of the Suitable Fill Material (and any mixture
thereof with Unsuitable Fill Material as set forth above) and grass strippings, and
agrees to look solely to the Contractor with respect thereto. The Seller further agrees
to indemnify and hold the City harmless from and against any and all Claims, including
without limitation, attorneys' and paralegal fees (whether incurred before, during or
after trial or upon any appellate level) arising out of or related to the foregoing
activities, including but not limited to the entrance onto Seller's property, and/or the
spreading and compacting of the Suitable Fill Material (and any mixture thereof with
Unsuitable Fill Material as set froth above) and grass strippings. The parties hereto
acknowledge that the $4.00 per square foot purchase price of the Northern Retention
Pond Parcel is based on the Seller's continued ownership of the Suitable Fill Material
and the activities to be undertaken by the Contractor as provided herein.
Notwithstanding any provisions contained herein to the contrary, the obligations of the
City and Contractor under this paragraph are conditioned upon the obtaining of all
necessary permits as provided in Paragraph 29(D) below.
(D) The parties hereto recognize that it may be necessary to obtain a permit
from the St. Johns River Water Management District ("SJRWMD") in order for the
Contractor to undertake within the Fill Areas the activities contemplated by Paragraph
29(C) above (the "SJRWMD Permit") and that neither party can guarantee that the
SJRWMD Permit will be obtained and in place at the time the Contractor digs the
Northern Retention Pond. The parties agree that the application for the SJRWMD
Permit will be submitted in the name of the Seller unless the City, in its sole discretion,
decides to seek to obtain the SJRWMD Permit in the name of the City as part of the
Project. The City shall prepare the application for the SJRWMD Permit based on the
Fill Plan (the "Application") and submit said application to Seller for review, approval
and execution, but the City will bear no responsibility or liability for the Application.
Following execution of the Application by Seller and return by Seller, along with the
applicable application fee, to the City, the City shall submit the Application to
SJRWMD on behalf of Seller. Following submittal the Seller and City will meet with
SJRWMD to discuss the SJRWMD Permit and facilitate the timely review thereof.
Notwithstanding any provision contained herein to the contrary, (i) if Seller rejects the
Application as unacceptable and refuses to sign the Application, or (ii) if the SJRWMD
Permit is issued with conditions of approval which Seller, in its sole discretion,
determines to be unacceptable, or (iii) if the SJRWMD Permit has not been issued or if
any other required permits have not been obtained on the date that the Contractor
commences the digging of the Northern Retention Pond, then in any of such events (a)
the entire provisions of Paragraph 29(C) above shall be null and void and of no further
force and effect, (b) title to and ownership of the fill material shall vest in the City, (c)
the City shall be solely responsible for the disposition of the fill material, and (d) the
City will, within sixty (60) days from the date the Contractor commences the digging of
the Northern Retention Pond, pay to Seller the additional sum of $115,887.00 as
additional consideration for the conveyance of the Northern Retention Pond Parcel;
provided, however, if the City, at its sole option, elects to and is `able to obtain the
SJRWMD Permit in the name of the City consistent with the Fill Plan prior to the date
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that the aforesaid additional payment is due then the provisions of this Paragraph 29(D)
shall be null and void and of no further force and effect and the provisions of Paragraph
29(C) shall control and govern and Seller shall not be entitled to receive any additional
consideration as aforesaid. Notwithstanding any provision contained herein to the
contrary, the Seller and City may mutually agree that the SJRWMD Permit is not
required to undertake within the Fill Areas the activities contemplated by Paragraph
29(C) above and in such event the provisions of this Paragraph 29(D) shall be of no
further force and effect; provided, however, that it shall then be the responsibility of
the City to obtain the necessary permit, if any, from the City.
(E) Seller, at its option and expense, may elect to have the Contractor, as
part of the Project, install sewer laterals to proposed Lots 8, 9, 10 and 11 as shown on
the West End Concept Plan, which laterals will be stubbed to the proposed lot lines at
locations designated by Seller. This option may be exercised by giving written notice
and authorizations to the City and the Contractor no later than the date the Contractor
starts to dig the Northern Retention Pond. In the event such option is exercised, the
City and/or the Contractor shall advise Seller of the cost of installing such sewer
laterals and Seller shall pay such amount within thirty (30) days of being advised on
such cost.
(F) The City will use its best efforts to proceed with the design, engineering,
permitting and construction of the Additional Project Improvements and to commence
construction of the Additional Project Improvements no later than April 2000 and to
complete construction of the Additional Project Improvements no later than September
2001. If the City has not completed construction of the Additional Project
Improvements by September 2001 and any portion of the Additional Project
Improvements is required for development of the West End Professional Park or any
portion thereof, then in such event (i) Seller, at its option and upon thirty (30) days
written notice to the City, may proceed to cause the completion of such uncompleted
portion of the Additional Project Improvements, all in accordance with the plans for the
Project as approved by the City, and (ii) the City will, within thirty (30) days of
completion of the uncompleted portion of the Additional Project Improvements and
acceptance thereof by the City, reimburse Seller for the costs incurred by Seller in
completing such uncompleted portions of the Additional Project Improvements;
provided, however, that any such activities undertaken by Seller shall not cause a delay
in the City's then existing schedule for completion of the Project or Additional Project
Improvements.
(G) The provisions of this Paragraph 29 shall survive the Closing.
9. Vested Rights-West End Professional Park. Nothing contained herein shall be
construed to in any way amend, modify or repeal Seller's rights and privileges pursuant to that
certain Certificate of Vesting No. CV-94-02, dated September 8, 1994, issued by the City with
respect to West End Professional Park (the "West End Vested Rights Certificate"). The City
expressly acknowledges that the West End Vested Rights Certificate is unaffected by this
Amendment and any conveyances by Seller pursuant thereto.
10. West End Conceptual Subdivision Plan. Nothing contained herein shall be
construed to constitute an approval by the City of the West End Concept Plan which is attached
to this Amendment solely for the purpose of identifying the intended locations of the Northern
Parcels; provided, however, that the foregoing shall not preclude the Seller from independently
seeking approval of the West End Concept Plan.
11. Capitalized Terms. All capitalized terms used herein shall be as defined in the
Agreement unless otherwise indicated or defined in this Amendment. All defined and
capitalized terms utilized in this Amendment are hereby incorporated into and made a part of
the Agreement.
12. Entire Agreement. Except as amended hereby, the Agreement remains
unchanged and in full force and effect, and each of the parties hereto hereby ratifies and
confirms the terms and conditions of the Agreement. All references herein to the Agreement
006.165621.7 -6-
shall refer to the Agreement as amended by this Amendment unless the text or context
indicates otherwise. In the event of any conflict between the Agreement and this Amendment
it is agreed that this Amendment shall control.
13. Effective Date. This Amendment shall become effective as of the date of the
last execution by a party hereto.
14. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original instrument, but all such
counterparts shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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006.165621.7
IN WITNESS WHEREOF, the Seller and City have executed this Amendment as of
the day and year first above written.
Signed, sealed and delivered. • SELLER:
in the presence of:
HEELER BROS. GROVES, a Florida
:. ,, general partnership
By: HELLER BROS. PACKING
CORP., lorida corp ation,
M • general
H R. eller, President
•
Executed on: r l.Ov
•
Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift
Mayor
Attest:
Name:
Title:
Executed on:
For use and reliance only by the City of APPROVED BY THE OCOEE CITY
Ocoee, Florida. Approved as to form and COMMISSION AT A MEETING HELD
legality this day of ON , 2000
2000. UNDER AGENDA ITEM NO.
By:
Name:
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006.165621.7
LEGAL DESCRIPTION
Part of Section 29, Township 22 South, Range 28 East, Orange County, Florida, being more
particularly described as follows:.
BEGINNING at the southwest corner of Lot 1, MEDCARE CENTER as recorded in Plat Book 18,
Page 136 of the Public Records of Orange County, Florida; thence North 89'43'30" East
160.43 feet along the southerly line of aforementioned Lot 1, to the southeast corner of
said Lot 1; thence continuing along the southerly line of aforesaid MEDCARE CENTER to the
southeasternmost corner- the following two courses: North 00'16'30" West, 9.00 feet;
thence North 89'43'30"- East, '60.00 feet; thence South 00'16'30" East, 9.00 feet
along the southerly extension of the easterly line of aforementioned MEDCARE CENTER to the
intersection with the easterly extension of the southerly line of aforementioned Lot 1;
thence North 89'43'30" East, 155.82 feet along said line to a point on a line 370.00 feet
east of and parallel with the easterly right of way line of Maguire Road; thence
South 00'32'35" East, 50133 feet along said line to a point on the northeasterly right
of way line of Sunshine State Parkway, said point being on a curve concave to the southwest,
having a radius of 4795.60 feet, a central angle of 04'52'08" and a chord of 407.41 feet,
that bears North 65'47'55' .West; thence northwesterly along said right of way line and
the arc of said curve '407.53 feet to the intersection with the Easterly right of way line
of Maguire Road; thence. North 00'32'35" West along said easterly right of way line,
287.44 feet; thence continuing along said right of way line North 0605'29" West,
47.53 feet to the POINT OF BEGINNING.
CONTAINING 154,516 square feet or 3.54 acres more or less.
S/A .c z, .5 93 -
SURVEYORS REPORT:
1. The bearings shown hereon are bused on the baseline of Maguire Road from Station 195+00 to Station 196+00,
being North 00'32'35. West.
2. See Sheet 2 of 2 for Sketch of Description.
Date: CERT. NO. L82108 45800057
LEGAL DESCRIPTION Jan. 10, 2000
•
FOR Job No.: Scale: •.
45800057 1 = 100' ., _,, ,�!T.,;
Professional Engineering Aw=:..,��:_=.���
Consultants, Inc. SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61G17-6, Florida Administrative 324 N. Orlando Avenue
Code requires that a legal description Maitland, Florida 32751
drawing bear the notation that 407/647-8898
THIS IS NOT A SURVEY.
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GAR B. KRICK
REosneED IAND SURVEYOR NO. 4245
•
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Nor-44rn .i-tyAz.► Paice(
SKETCH OF DESCRIPTION
PROFESSIONAL PARKWAY
PROFESSIONAL CENTER
LOT I BOULEVARD
MEDCARE CENTER SOUTHEASTERNMOST CORNER_ -
•
MEDCARE CENTER
W PLAT BOOK 18 PAGE 136 1 EAST LINE MEDCARE CENTER
•
3 W N00'16'3 9.OW I EXTENDED SOUTHERLY
'0 Z SE CORNER LOT 1 89'43'30" •S. 0'' 6 30"E EASTERLY EXTENSION--OF-
N C 1 160.00' •oo THE SOUTHERLY LINE OF _LOT'::1
87 68'� N8743 30"E 8743 30"E _" "_
$ u1 J �160.43' 155.82' _
• �OUTHERLY LINE OF LOT 1
°f cam
N POINT OF INTERSECTION OF THE-.SOUTHERLY .. , ...
a * BEGINNING EXTENSION OF THE EASTERLY LINE
SW CORNER OF MEDCARE CENTER
W
LOT 1
X
• 370.00' •
^f w
)- N M
- LJ 3 Q 154,516 square feet ± M
CE 3 3 or tn
— ® o en 3.54 acres ±
- = W
CNI
W L=407.53' re)
N E R=4795.60' ob
A=04'52'08"
S CB=N65'47'55"W
& N°Attft, CHORD=407.41 ' LINE 370.00' EAST
NS FR(y OF AND PARALLEL
Va.
yr / �"Cyr RIGHT TH TOF WAHE Y TEL
yT Op O' i,. OF MAGUIRE ROAD
kiii i 4/4/4. ,
i "ii)lcu,q
. Y
ABBREVIATIONS: __ ___ _
R/W = RIGHT OF WAY _ ,T s _T '�-�'••••7
...L. I L__T—17 •f'—'_�J_1\
L LENGTH OF CURVE N NORTH
R .. RADIUS E = EAST �A' 11 Z, Loci_/` tmli
A = CENTRAL ANGLE W = WEST rrr�rrr��o ia>•��>•
CB = CHORD BEARING S = SOUTH MMMIaIMINR%III_ \
SW = SOUTHWEST SE = SOUTHEAST 1" = 100' SOUTHEASTERN SURVEYING & MAPPING CORP-
Job No. 45800057 GRAPHIC SCALE 324 North Orlando Avenue
Dote: Jan. 10, 2000 Naitlend. Florida 32751-4702
Sheet 2 of 2 (407)647-8898 tax(407)647-1667
See Sheet I for Legal Description 0 SO 100 200 e—mail:ssmc980aol.com Cert. No. LB-2108
LEGAL DESCRIPTION
Part of Section 29, Township -22: South, Range 28 East, Orange County, Florida, being more
particularly described as follows:
BEGINNING at the southeast corner of MEDCARE CENTER as recorded in Plat Book 18, Page 136
of the Public Records of Orange County, Florida, thence North 00'16'30" West 1.00 feet
along the east line of said MEDCARE CENTER to a point. on a. line being 10.00 feet north of
and parallel with the easterly extension of the •southerly line of Lot 1 , MEDCARE CENTER;
thence North 89'43'30" East 475.87 feet along said line. to •the •west line of WEST END
PROFESSIONAL PARK UNIT 1, as recorded in Plat;,Bool , 34, .Pages. 139 and 140 of the Public
Records of Orange County, Florida; thence continue North 89'43'30" East 94.18 feet into
Tract A of said Plat Book 34, Pages 139 and '140; 'thence—South 00'16'40" East, 20.00 feet
to a point on a line being 10;00 feet south. of ,and parallel .with the easterly extension of
the southerly line of aforementioned Lot 1; thence South 89'43'30" West, 94.08 feet along
said line to a point on aforementioned west line of Tract A; thence continue
South 89'43'30' West, 320.10 feet to a point on a line 370.00 feet east of and parallel
with the easterly right of way line of Maguire..Rppd;•.thence North 00'32'35 West, 10.00 feet
along said parallel line to a point on the easterly 'extension of the southerly line of
aforementioned Lot 1; thence South 89'43'30" West, 155.82 feet along said easterly extension
to a point on. the_'southerly extension of the easterly line of aforementioned MEDCARE CENTER;
thence North 00'1 6'30" West, 9.00 feet along the aforementioned southerly extension of the
easterly line of MEDCARE CENTER to the POINT OF BEGINNING.
CONTAINING 9,842 square feet or 0.22 acres more or less.
SURVEYORS REPORT:
1. The bearings shown hereon are based on the baseline of Maguire Road from Station 195+00 to Station 196+00,
being North 00'32'35" West.
2. See Sheet 2 of 2 for Sketch of 0escription.
Date: CERT. NO. L82108 458000
LEGAL DESCRIPTION Jan. 14, 2000 CS •
FOR Job No.: Scale: �_�:i---+1 .V►r\`�
45800060 1" = 100' r ` y .; ;,,�.,;1°y _a=
Professional Engineering i 1 iii
Consultants, Inc. SOUTHEASTERN SURVEYING do MAPPING COR.
CH. 61C17-6. Florida Administrative 324 N. Orlando Avenue
Code requires that a legal description Maitland, Florida 32751
drawing bear the notation that 407/647-8898
THIS IS NOT A SURVEY.
GAR 8. KRICK
REGISTERED UWO SURVEYOR NO. 4245
611l 131 (
NvC�..c(r) Dairmuy Q.som ' fete f
SKETCH OF DESCRIPTION
PROFESSIONAL PARKWAY
LOT I
PROFESSIONAL CENTER
MEDCARE CENTER BOULEVARD
NOT PLATTED
PLAT BOOK 18
PAGE 136 / EAST LINE OF MEDCARE CENTER
�1
EAST LINE
N00•16'30"W EXTENDED SOUTHERLY
i.LINE 10.00' NORTH OF AND PARALLEL WITH •
1 .00' LINETHE EASTERL
O LOTYI EXTENSION OF THE SOUTHERLY •
POINT OF N89'43'30"E 570.05' (TOTAL) w
O BEGINNING 475.87' 94.18 ?
N PLAT BOOK 18,SE CORNER / loc�0
•U N LY LOT LINE 82' / Pio
L Ln Q N 9.0 155.
89'43'30"W 320.10' I Nbo
0 w NOO'16 3 W 10.00' 4 4.18' (TOTAL)
_. d ? N00'32'35"W 89'43'30"W o 94.0e
EASTERLY EXTENSION OF PARCEL Kr
THE SOUTHERLY LINE OF
Q 3 LOT 1 9,842 square feet ±
LINE 370.00' EAST OF or ‘,.i/
W u- AND PARALLEL WITH THE 0.22 acres ± O1
`rcr, EASTERLY RIGHT OF WAY �Orn
TRACT
Li_ EASTERLY
OF MAGUIRE ROAD LINE 10.00' SOUTH OF AND
0 IE 370.00' _PARALLEL WITH THE EASTERLY w N
EXTENSION OF THE SOUTHERLY Z w
D i_ 3 I LINE OF LOT 1 J CD
0 I J N WEST END PROFESSIONAL PARK UNIT 1 N
FEE M PLAT BOOK 34 PAGES 139 & 140 3
z
Cn Q
_ '
w NOT PLATTED I
mY
oyryFlsTF
a.RC� .
rn SUN R/C/y7. OF
•
SHi war
F
Rig A �
Hr O�,q ^l� sR� � ,.
VgR14`s i7%4 „,..
:.
,r
'''a.
ABBREVIATIONS: \ ,rz� . -►-T-+- ' v'
R/W - RIGHT OF WAY 1„ =100' ' is D ",:�'* i,! _ ._..IL •
L - LENGTH OF CURVE N - NORTH GRAPHIC SCALE ••77—T' T '-1 vim\\
R - RADIUS E - EAST �,.• - ".clj'' ,-6.%f�I !`�IS�`
A = CENTRAL ANGLE W = WEST rrlvi�i�so-amlo a—"
CB - CHORD BEARING S - SOUTH 0 50 100 200 ai minimmisi0_
SW - SOUTHWEST SE = SOUTHEAST SOUTHEASTERN SURVEYING do MAPPING CORP.
324 North Orlando Avenue
Job No. 45800060 Maitland. Florida 32751-4702
Dote: Jan. 14, 2000 CS (407)647-8898 fax(407)647-1887
Sheet 2 of 2 e-mail:ssmc96Oaol.com Cert. No. LB-210(
See Sheet 1 for Legal Description
LEGAL DESCRIPTION
Part of Section 29, Township 22 South, Range 28 East, Orange County, Florida, being more
particularly described as follows:
•
COMMENCING at the southeast corner of MEDCARE CENTER as recorded in Plat Book 18, Page 136
of the Public Records of Orange County, Florida, thence North 89'43'30"
East .45 feet
along the south line of said MEDCARE CENTER extended easterly to the POINT OFFSBEGINNING;
thence North 05'19'50" West 276.07 feet to the south right of way line of Professional
Parkway; thence North 89'43'30" East, 60.23 feet along said right of way line; thence
South 05'19'49" East 398.18 feet to a point on the west line of WEST END PROFESSIONAL PARK
UNIT 1, as recorded in Plat Book 34, Pages 139 and 140 of the Public Records of Orange County,
Florida; thence South 00'32'40" East, 388.28 feet along said west line and it's southerly extension;
thence South 28'12'53" West, 155.28 feet to a point on the northeasterly right of way line of
Sunshine State Parkway, said point being on a curve concave to the southwest, having
a radius of 4795.60 feet, a central angle of 03'20'53" and a chord of 280.18 feet that bears
North 61'41'24" West; thence northwesterly 280.22 feet. along said right of way line and the
•
arc of said curve to a point on a line 370.00 feet east of and parallel with the easterly right
of way line of Maguire Road; thence North 00'32'35" West, 33.70 feet along said parallel line
to a point on a line 30.00 feet northeasterly of and parallel with aforesaid northeasterly right
of way line of Sunshine State Parkway and a point on a curve concave to the southwest, having a
radius of 4825.60 feet, a central angle of 03'09'48" and a chord of 266.39 feet, that bears
South 61'57'54" East; thence southeasterly 266.43 feet along said parallel line and the arc
of said curve; thence North 28'12'52" East, 54.39 feet to a point on a line 60.00 feet west
of and parallel with the aforementioned west line of WEST END PROFESSIONAL PARK UNIT 1 ;
thence North 00'32'39" West, 432.75 feet along said line; thence North 05'19'50" West,
124.90 feet to the POINT OF BEGINNING.
CONTAINING 59,949 square feet or 1.37 acres more or less.
•
•
SURVEYORS REPORT:
1, The bearings shown hereon are based on the baseline of Maguire Road from Station 195+00 to Station 196+00,
being North 00'32'35" West.
2. See Sheet 2 of 2 for Sketch of Description.
Date: CERT. NO. L82108 45800061 LEGAL DESCRIPTION
Jan. 14, 2000 CS f-�i.=��
FOR Job No.: Scale: ,-r,7v " _„ ..
45800061 1" = 100' - � ' ` � '� ���
Professional Engineering r `.rJi..�"i ��
Consultants, Inc. ixamo as, Ink
SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61017-6, Florida Administrative 324 N. Orlando Avenue
Code requires that a legal description Maitland. Florida 32751
drawing bear the natation that 407/647-8898
THIS IS NOT A SURVEY.
GAR B. KRICK
REGISTERED LAND SURVEYOR NO. 4245
21
ExHle ( `tC-5``
Nori341 U1i I I#y 61.5(41-¢ E e l
SKETCH OF DESCRIPTION
PROFESSIONAL PARKWAY N89'43'30"E
•
. SOUTH RIGHT OF WAY LINE 60.23'
.._____--_m --_ /".-I
w PARCEL
Z 59,949.square feet ±
or
V 1.37 acres ± U) NOT
N \MEDCARE CENTER . PLATTED
PLAT BOOK 18 p) —:
PAGE 1362 CII . . •. .,,. . •
. O �til CO
•
I O to. �,
LOT I NOT PLATTED
V) �j t�1 •
\
J • • R^1 O Q t POINT .OF COMMENCEMENT ••• W
i X ® SE CORNER PLAT 800K 18 PACE 136 Co
co
5------
in
iv N89'43'30"E 405.45' Y
CD CO
.9 —- r .` SOUTH LINE OF PLAT BOOK 18 0 1 Q Q C
_ (n PAGE 136 EXTENOEO EASTERLY CO I n a C
0 iwyy POINT OF BEGINNING'. � v y
ii N w 4 .-I
w > z I o 1' Z o
O Q
g LI Q Q LINE 370.00' EAST OF AND Wx C (%)a--W
W 3 PARALLEL WITH THE EASTERLY _ J8 j LtJ —
RIGHT OF WAY LINE OF MAGUIRE ROAD L.L.—0.
o o NOT PLATTED N W~ .- O
►- LINE 60.00' WEST OF AND PARALLEL a 3a3 3^ !Y `r
H C=7 WITH THE WEST LINE OF PLAT BOOK 34 w� a' M
^ / PAGES 139 do 140 ^ M F?� Q 6
v 60.00' wri O
ce
N .. zW W °°
0
w re) A ►-
`� ~ s}' b za 01 * V
W =� LINE 30.00' NORTHEASTERLY OF AND N wn 3
re) PARALLEL WITH THE NORTHEASTERLY 3 JY
R/W LINE OF SUNSHINE STATE PARKWAY= b
a g
0,9 b b R=4825.60'
05\
In
.� .N ZM =03'09'48" M
\v S�SjF.Rc CB=S61'57'54"E b
/ / R/
OS� cyl °/� p
,Q/0 / '9Q '�w,qy
Op' ieru, STc,�F z
o N28 12'S23E gowq� V'9 '9��HORD=266.39' o `4 � NOT
4�
,.,..iv PLATTED
L=280.22'R=4795.60'
ABBREVIATIONS: 0=03'20'53 •'
R/W - RIGHT OF WAY • " `_ a.
F,�7, *,'1-'
L/ = LENGTH OF CURVE N - NORTH CB=N61 41 '24 W _ '•'
R - RADIUS E - EAST CHORD=280.18' -'�' r:% �`I _• lame`:
A = CENTRAL ANGLE W WEST rirriirmiLmisla_tnlawe►�
CB - CHORD BEARING S - SOUTH ///���titi�-�
SW - SOUTHWEST SE - SOUTHEAST 1 = 100 SOUTHEASTERN SURVEYING do MAPPING CORP.
Job No. 45800061 GRAPHIC SCALE 324 North Orlando Avenue
Dote: Jan. 14, 2000 CS Maitland, Florida 32751-4702
Sheet 2 of 2 0 50 100 (407)647-8898 tax(407)647-1687
See Sheet 1 for Legal Description 200 e-mallasmc980noLcom Cert. No. LB-2108
I . ,1
a l � I I lli
la
11 . � 35
•; •', ', STA. 494.41.22----' �� 11�' •' RA LIIE
"' � CONST. AMGU I RE RD. '"""aaa���' I I
`` ' r, COMST. I] lF CONST. 255 IF
71.
� � �1 STA. 50.00.00 -__ OF le-RC, a 21-RCP _l
@ CONST. IdiGND 5 ;, {{ o J
f10t10 S R nP LINE
IE
ii
�� ; .S•234,. i SLOS.-0L 59.20' LT I�n 3 OF 1e-RCP I/1� i �`�, I SQ:00' Li 59.20' LT Mtr1• i,l ) S)•21.25 154•eO.Ob •
-i, L ``‘ 1 POND`_S R,1 ' ' ', - 3' 1)G:-17_- 'S0.00' LT S-27T I._ .-- f - = i d _te r• u. '-•� D ,'Ty•� ,r_._ — •� -- — -- --- -- -- — -•
l. -� 1 ,) Y SI.10.2E .u• _ _ _- y_--�a ' - - — '— '— -- - I I I 8
11 ' • h-
--
I i , , . / 50.00. LT 53,24.25
�""'�, 50100' LT '__ . - --_ ---___-- _ 1
�I I ; 74,. CONS T. 14 LF 1 1 ` I- - -�- 1:,:_...)...
'' I l
I. { q 9 OF ee=RCS— ;�uY.s___� ---_ --_ ' i
I • �---. r I / S•q i 5•R \ CONST. POLO 5 `I .:
•� 1 C SI.91.69 / i 53.99.11 / 1 POND 5 R/*LINE 20' DRAINAGE EASEMENT
I i I �
`i 3 03M'1 31.08• RT / 30.99• RT I 1 I
' Q CS•211� ' CONST. 27/ IF • ' 1
I o �� 4 1 OF RCP EXISTING POND
I / (PROFESSIONAL PARK )
1 '
1 f•• f j POND;: 5 — -- A - ; BOTTOM EL. 109. 00 FT
r 1 i ; ' I I
.
' gi• - I '� 1 i ( I i 1 .,:c I
1 ,
M . : ; ; ' (IEEE'
\\• • . g i
; I
t s1.92.i2 ; ; ' '°' POND 5 ��
' I I , ; 230.00' RT ' i I OM
I I i• I i^ ,R silks 43 ;54.00.31 ' •'r
'1 1 . 1 ' i1'R S 2 25• RT,277.11 RT COl15T. IT f TOP OF BAM( EL. • 125.00 FT.
1 \ //J ��' I OF li'RCP , • 1 TOTAL POND AREA • ).� AC.
/ , 1
' _ 1 1 11 i2i 0 Fl / , if:... I , . , 100•TEAR EL. • 122.2i1. VB S%INI ,� ..
? \/T.7 111 ';�, 1 i , 25-TEAR EL. • 121.40
•' ` I - - I .f. \\) I /y,� , d. 1 \--
;' DOT TOM EL. • 11 t.SO FT. _
I ( \� - 1•,q '\ '� 1 BOT TOY AREA . 1.13 AC.
'-i - `1 1� /1�. : Sl+tpt 91 / T/iq / ORApE E)1 H NG GROOND '� 1'
�• Ts f.T .P •I-' ' )1 T.7T.LRT FROM R/W LINE TO ;
, ,•�: /?\ 71 I. TOP Fa.; (TM.) I. `' `• b {\
-/ '` C 3�`\ '' p I '\ems, 'OND 5 OUTFALL STRUCTURE
sue` -�` _
4. ;; < . _ { �^`'? ( __• ' ' SEE SHT. 36 FOR DETAILS
/ 5993.01.35 (I50.00' RTI
— . ``j ``.IS _ ` ; : SURVEY rUR1Ptl(E \� -- -
�4 1 ' �
•
I
�- LA R/f LINE -g\ - _. . • _= _________________ POND )3NCROSS-SECT IONS
SEE SHT. 37
1 - ` ' A9r
iC `; �/ O- . \RT UTILITY EASEMENT
_a- ` 1���f`OAA� `.((*„__.ram .,h •
• \ /J
5979 • 57..1150.06,-RIS \ /
_�--�;�_.;r, :;::q `%�`� �;^ ^�'\ _, T(/,QHp: suTvE iDR1�,<�_ ?� \ \ I
/ SUMMARY OF EARTHWORK
1.
/
IIII r 1 -• , A ( " \, /, / POND 5 EXCAVATION - 46.901 CT
, !^SUtiVE7.?URtlP11cE ,- \ \\\/ / POWOSFILL - 121 CT
Ia I �. 1 i•T `t I` \ / .
nE•1uo"I.'-. -_ CITY OF OCOEE PEC POND 5
n •r - •o01rcN Yn St �1,,q. DAVIT I •,�. mt>I/nol
porrI
un�T•_1-� oO0.i101r_.__�_MTt_..�'___._._• ' ' .�
•
FLORIDA ry�,''r"",�""""~" DETAIL SHEET