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HomeMy WebLinkAboutVII (H) Resolution No. 2000-09, Relating to Old Winter Garden Road/Professional Parkway Improvement Project Agenda 9-19-2000 Item VII H FOLEY & LARDNER ATTORNEYS AT AW CHICAGO POST OFFICE BOX 2193 SACRAMENTO DENVER ORLANDO, FLORIDA 32802-2193 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE, SURE 1800 SAN FRANCISCO LO5 ANGELES ORLANDO, FLORIDA 32801-2385 TALLAHASSEE MADISON TELEPHONE. 14071 9239655 TAMPA MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, O.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE EMAIL ADDRESS 140 71 42 3-76 5 6 CLIENT/MATTER NUMBER mdoty@foleylaw.com 020377-0516 MEMORANDUM TO: The Honorable Mayor and City Commissioners oaff the City of Ocoee FROM: Mary A. Doty, Esq., Assistant City Attorney I1U THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: September 11, 2000 RE: Old Winter Garden Road/Professional Parkway Improvement Project: Resolution No. 2000-09 Attached is Resolution No. 2000-09 which authorizes the filing of a condemnation action for two properties needed for the referenced project. Although project design is not yet at the 30 percent level, we recommend advance condemnation of these two properties for the reasons set forth below. The two properties are located on Professional Parkway just west of its current intersection with Old Winter Garden Road. Based on the concept realignment of Old Winter Garden approved by the City of Ocoee and Orange County in the approved Interlocal Agreement Between Orange County and City of Ocoee Relating to Old Winter Garden Road from Hemple Avenue to S.R. 50 and Professional Parkway, dated February 15, 2000, both properties will be needed in their entirety for right-of-way and drainage. The western property is owned by Frank Casserino and is improved with two buildings, which are vacant. The eastern property, owned by National Developers, Ltd., is unimproved. Both properties were platted in late 1997. Mr. Casserino has indicated that it was his intention to redevelop his property and had ongoing contact with the City regarding redevelopment until he was advised by City staff of the project plans. In 1999, the City hired Pinel & Carpenter to appraise both parcels and those values, as well as updated values, are set forth below. Offers based on these appraisals were made to each property owner, subject to City Commission approval. Copies of the initial offer letters are attached for your review and copies of the appraisals are available for review in the City Clerk's office. Counteroffers, also set forth below, were received but were not supported by appraisals. at/ ESTABLISHED 1802 A m_rvms OF GLOF.LEX WITH MEMBER Occrrs IN BE OWL 13NIO)[6,DRFOEN,FRANKFURT,LONDOµ SwcmORE,SrocvkOLM AND SrvnmRI FOLEY E LARDNER The Honorable Mayor and City Commissioners of the City of Ocoee September 11, 2000 Page 2 Parcel No. Owner March 12, 1999 Counteroffer July 7, 2000 Pinel & Carpenter Pinel & Carpenter Appraised Value Appraised Value 101 Frank Casserino $250,500.00' $425,000.002 $300,000.00 $475,000.00 102 National $312,000.00 $480,000.00 $353,600.00 Developers, Ltd. Given the divergence of opinions, negotiated acquisitions appear unlikely. In preparation for condemnation, Pinel & Carpenter was directed to update their appraisal reports and the updated values are set forth above. Copies of the these appraisal reports are available for review in the City Clerk's office. Offer letters based on the updated appraisal reports and subject to Commission approval were sent and copies are attached for your review. No counteroffers have been received. Even though design of the project is not yet complete, it is certain that these two properties are necessary due to their location right at the Old Winter Garden Road alignment. It is recommended that advance condemnation be initiated. RECOMMENDATION: It respectfully is recommended that the Mayor and City Commissioners: 1. Approve Resolution No. 2000-09 authorizing execution thereof by the Mayor and City Clerk and further authorize all necessary actions in order to proceed to acquire the properties by quick-take proceeding. cc: Ellis Shapiro, City Manager James W. Shira, P.E., City Engineer This appraisal was done without the benefit of an interior inspection as the property owner did not grant access. The property owner later allowed access and Mr. Carpenter revised his report to reflect a value of$285,650.00. A subsequent offer letter was sent to Mr. Casserino based on this updated value. 2 Mr. Casserino also requested that impact fees be waived on separate property he owns within the City. The first counteroffer was made before Mr. Casserino hired counsel. On April 18, 2000, the City received a counteroffer from Kurt Ardaman, Esq. demanding $475,000.00 on Mr. Casserino's behalf. 006.193331 FOLEY & LARDNER CHICAGO POST OFFICE BOX 2193 SACRAMENIO DENVER ORLANDO. FLORIDA 32602-2193 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE. SURE 1600 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 3260 I-23B6 TALLAHASSEE MADISON TELEPHONE. (407) 423-7656 TAMPA MILWAUKEE FACSIMILE I E0JI 648-1743 WASHINGTON. D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 423-7656 EMAIL ADDRESS CLIENT/MATTER NUMBER mdoty@foleylaw.com 020377/0284 May 13, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Frank Casserino 1554 Boren Drive, Suite 100 Ocoee, FL 34761 Re: City of Ocoee: Professional Parkway/Old Winter Garden Road Improvement Project Dear Mr. Casserino: The City of Ocoee has now completed its design of the referenced project. The proposed improvements require the acquisition of your property described as Lot 1, Pozo Subdivision in Ocoee. The City has had this property appraised by Pinel & Carpenter who valued your property and improvements at $250,500.00. This letter sets forth the willingness of the City staff to make a recommendation to the Ocoee City Commission that your property be purchased from you for $250,500.00. Any agreement, however, is subject to the approval of the Ocoee City Commission and is not binding on the City unless approved by the Ocoee City Commission. It would be appreciated if you would give me a call after you have had an opportunity to review this letter. Our goal is to present a report to the Ocoee City Commission regarding the purchase of your property at its meeting of June 8, 1999. Please call me if I can answer any questions. Very truly yours, Ct Mary A. oty Assistant City Attorney 006.138636.1 ESTABLISHED 1842 FOLEY S LARDNER Frank Casserino May 13, 1999 Page 2 MAD:dr cc: Ellis Shapiro, City Manager James Shira, City Engineer Paul E. Rosenthal, City Attorney 006.138636.1 FOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2193 SACRAMENTO DENVER ORLANDO. FLORIDA 32802-2 193 SAN DIEGO JACKSONVILLE I 1 I NORTH ORANGE AVENUE. SUITE ISW SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 32801-2J80 TALLAHAs5a MADISON TELEPHONE: (407) 423-7650 TAMPA MILWAUKEE FACSIMILE: (407) 648-I 743 WASHINGTON. D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 423-7656 EMAIL ADDRESS <IJENTM03 NUMBER mdotyQfoleylaw.com 020377/0284 May 13, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED National Developers, Ltd. 4414 Down Point Lane Windermere, FL 34786-0000 Re: City of Ocoee: Professional Parkway/Old Winter Garden Road Improvement Project To Whom It May Concern: The City of Ocoee has now completed its design of the referenced project. The proposed improvements require the acquisition of your property described as Lot 2, Pozo Subdivision in Ocoee. The City has had this property appraised by Pinel & Carpenter who valued your property at $312,000.00. This letter sets forth the willingness of the City staff to make a recommendation to the Ocoee City Commission that your property be purchased from you for $312,000.00. Any agreement, however, is subject to the approval of the Ocoee City Commission and is not binding on the City unless approved by the Ocoee City Commission. It would be appreciated if you would give me a call after you have had an opportunity to review this letter. Our goal is to present a report to the Ocoee City Commission regarding the purchase of your property at its meeting of June 8, 1999. Please call me if I can answer any questions. - Very truly yours, Mary A. oty Assistant City Attorney 006.138639.1 ESTABLISHED , B42 FOLEY & LARDNER National Developers, Ltd. May 13, 1999 Page 2 MAD:dr cc: Ellis Shapiro, City Manager James Shira, City Engineer Paul E. Rosenthal, City Attorney 006.138639.1 FOLEY & LARDNER CHICAGO POST OFFICE BO% 2193 SACRAMENTO DENVER ORLANDO. FLORIDA 3 2802-2 1 93 SAN DIEGO JACKSONVILLE NORTH ORANGE AVENUE. SUITE I GOO SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 32501-2386 TALLAHASSEE MADISON TELEPHONE'. 1907)423-7855 TAMPA MILWAUKEE FACSIMILE 14071595-1743 WASHINUIVN. D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 423-7656 EMAIL ADDRESS CUENTMATTER NUMBER mdoty@foleylaw.com 020377/0516 July 12, 2000 CERTIFIED MAIL RETURN RECEIPT'REOUESTED Kurt A. Ardaman, Esquire Fishback, Dominick, Bennett, Scepter, Ardaman, Ahlers & Bonus 170 East Washington Street Orlando, Florida 32801-2306 Re: City of Ocoee: Professional Parkway/Old Winter Garden Road Improvement Proiect Dear Kurt: The City of Ocoee has requested that Walter Carpenter update his appraisal of the property described as Lot 1, Pozo Subdivision in Ocoee and owned by your client, Frank Casserino. Mr. Carpenter's updated appraised value as of July 7, 2000, is $300,000.00. This letter sets forth the willingness of the City staff to make a recommendation to the Ocoee City Commission that Mr. Casserino's property be purchased from him for $300,000.00 with the conveyance of clear title. Any agreement, however, subject to the approval of the Ocoee City Commission and is not binding on the City unless approved by the Ocoee City Commission. It would be appreciated if you would give me a call after you have had an opportunity to review this letter. Our goal is to present an agreement to the Ocoee City Commission regarding the purchase of Mr. Casserino's property by the second meeting in September. Please call me if I can answer any questions. Very truly yours, Mary A. Doty Assistant City Attorney 006.187218 ESTABLISHED 1542 FOLEY S. LARDNER Kurt A. Ardaman, Esq. July 11, 2000 Page 2 MAD/md cc: Ellis Shapiro, City Manager James Shira, City Engineer 006.187218 FOLEY & LARDNER CHICAGO POST GTCE BOX 2193 SACRAMENT) DENVER ORLR O FLORIDA GE S SAN DIEGO LOS III NORTHLNORANGE AVENUE. SUITE BW SANTFRANCISCO LOFF ANGELES O TELEPOHONE E 0 ) 4237556 ipLLABTSMPA MADISON IFACSNOrvE :O7) 48-1746 T. MPA Cc. MILWAUKEEANOFACSIMILE ':cOA 8<6-I JCJ WASNPALM . O.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 423-7656 EMAIL ADDRESS CUENTMATER NUMBER mdoty©foleylaw.com 020377/0516 July 12, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED National Developers, Ltd. c/o Joe Pozo The Boat Tree 1924 33s Street Orlando, Florida 32839 Re: City of Ocoee: Professional Parkway/Old Winter Garden Road Improvement Project Dear Mr. Pow: The City of Ocoee has requested that Walter Carpenter update his appraisal of your property described as Lot 2, Pozo Subdivision in Ocoee. Mr. Carpenter's updated appraised value as of July 7, 2000, is $353,600.00. This letter sets forth the willingness of the City staff to make a recommendation to the Ocoee City Commission that your property be purchased from you for $353,600.00 with the conveyance of clear title. Any agreement, however, is subject to the approval of the Ocoee City Commission and is not binding on the City unless approved by the Ocoee City Commission. It would be appreciated if you would give me a call after you have had an opportunity to review this letter. Our goal is to present an agreement to the Ocoee City Commission regarding the purchase of your property by the second meeting in September. Please call me if I can answer any questions. Very truly yours, A.Mary Doty Assistant City Attorney 006.187227 ESTABLISHED + a42 FOLEY & LARDNER National Developers. Ltd. July 11, 2000 Page 2 MAD/md cc: Ellis Shapiro. City Manager James Shira, City Engineer • 006.187227 RESOLUTION NO. 2000-09 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT LIMITED TO, FEE TITLE LOCATED GENERALLY ALONG PROFESSIONAL PARKWAY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to serve the traffic and drainage needs for the future development of the City of Ocoee; and WHEREAS, 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 and Chapter 166, Florida Statutes; and WHEREAS, the City Commission of the City of Ocoee finds a public need and necessity exists to acquire, by eminent domain, various interests in the lands described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the City Commission of the City of Ocoee finds a public need and necessity exists to acquire the lands and other interests described in Exhibit "A" hereto for public street/road and drainage purposes, said street/road and drainage purposes including, but not being limited to, the acquisition of right-of-way for the purpose of performing upon said right-of-way such activities as may be reasonably necessary in connection with the design, engineering, construction, and development of the Professional Parkway/Old Winter Garden Road Project ("the Project"); and WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of the said lands are necessary for public safety and stormwater management, and that the acquisition 006.179220.1 of the said lands therein otherwise to be in the public interests of the municipality and the people thereof; and WHEREAS, the interests to be acquired, fee simple title, are more particularly described in Exhibit "A" hereto; and WHEREAS, the City Commission of Ocoee has caused the property described in Exhibit "A" hereto to be surveyed and has located its line or area of construction and intends in good faith to construct the Project on or over the described property in accordance with Section 73.021(6), Florida Statutes (1999); and WHEREAS, the City Commission of the City of Ocoee finds it its necessary for public street/road purposes and stormwater management that the City acquire a fee simple interest in the property identified and described in the attached Exhibit "A," said acquisition being for street/road and drainage purposes; and WHEREAS, all conditions precedent to the exercise of the power of eminent domain have been satisfied by the City of Ocoee; and WHEREAS, if any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by a 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; and WHEREAS, this Resolution shall become effective immediately upon passage and adoption. 006.179220.1 2 THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. That the acquisition, by eminent domain, of the interests indicated in the following parcels for the purposes set forth above has been found to be, and is found and determined to be, necessary, in the best of the public, and for a public use and purpose, the legal descriptions of said parcels being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof: PARCEL NO.: 101 OWNER: Frank Casserino INTEREST: Fee Simple PARCEL NO.: 102 OWNER: National Developers, Ltd. INTEREST: Fee Simple Section 2. That the appropriate officers, employees and attorneys of the City of Ocoee are authorized to proceed forthwith to institute such necessary and proper actions and proceedings and to comply with all legal requirements as may be necessary or proper for the acquisition by eminent domain of the fee simple absolute title in the property described in attached Exhibit "A," the specific interest to be acquired therein being further set forth above and in the attached Exhibit "A." Section 3. That if any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion and such holding shall not affect the validity of the remaining portion hereto. 006.179220.1 3 Section 4. That this Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of 2000. ADOPTED: ATTEST: CITY OF OCOEE, FLORIDA By: By: Name: lean Grafton Name: S. Scott Vandergrift Title: Clerk Title: Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2000. FOLEY & LARDNER APPROVAL BY THE OCOEE CITY COMMISSION AT A MEETING HELD By: ON , 2000 UNDER Name: Paul E. Rosenthal AGENDA ITEM NO. Title: City Attorney 006.1792201 4 EXHIBIT A PARCEL NO.: 101 OWNER: Frank Casserino INTEREST: Fee Simple PARCEL 101 LEGAL DESCRIPTION: Lot 1, POZO SUBDIVISION, according to the plat thereof as recorded in Plat Book 38, Pages 144 and 145, of the Public Records of Orange County, Florida. OTHER INTERESTS: Bankfirst: Mortgage Associated General Contractors Self-Insurers' Fund: Judgment Lien National Developers, Ltd.: Ingress and Egress Easement Earl K. Wood, Tax Collector: Ad valorem property taxes Page 1 of 2 EXHIBIT A PARCEL NO.: 102 OWNER: National Developers, Ltd. INTEREST: Fee Simple PARCEL 102 LEGAL DESCRIPTION: Lot 2, POZO SUBDIVISION, according to the plat thereof as recorded in Plat Book 38, Pages 144 through 145, of the Public Records of Orange County, Florida. OTHER INTERESTS: Frank Casserino: Ingress and Egress Easement Earl K. Wood, Tax Collector: Ad valorem property taxes Page 2 of 2