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Home My WebLink AboutIII(F) Maguire Road Widening Project, Parcel 104, Formerly Owned By Glenmuir Properties, Ltd By Payment Of $99,500 To Glenmuir Properties, Ltd And Authorizing The City Attorney Or Assistant City Attorney To Execute A Final Judgement For These Amounts Agenda 3-06-2001 Item III F FOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO JACKSONVILLE III NORTH ORANGE AVENUE, SURE 1800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 3280 1-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAMPA MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE (407)423-7656 EMAIL ADDRESS CLIENT/MATTER NUMBER mdoty@foleylaw.com 020377/0517 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Esq., Assistant City Attorne0 6 THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: February 23, 2001 RE: Maguire Road Widening Project: Mediated Settlement Agreement with Gordon Nutt (Glenmuir Properties, Ltd.) (Parcel 104) As part of the Maguire Road Widening Project, the City acquired Parcel 104 on March 27, 2000, pursuant to an Order of Taking entered by the Circuit Court. Parcel 104 is a ±7,434 square foot parcel that was formerly owned by Glenmuir Properties, Ltd. (Gordon Nutt). Parcel 104 is located on the south side of Moore Road just west of its intersection with Maguire Road. The parcel encompasses a 20' strip, approximately 400' long, along the existing Moore Road right-of-way. Parcel 104 is part of the Belmore PUD, located within unincorporated Orange County. The City first had Parcel 104 appraised by Walter Carpenter on October 22, 1998. Mr. Carpenter appraised the land at $28,820.00. On December 16, 1998 City Staff made an offer to purchase Parcel 104 from Mr. Nutt for the sum of$28,820.00, subject to City Commission approval. This offer was based on a per square foot valuation of$3.50. This offer was rejected by Mr. Nutt without a counteroffer. Prior to the actual filing of the 006.210186.1 ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART eminent domain petition, Walter Carpenter updated his opinion of value to $4.00 a square foot, resulting in a valuation of$29,750.00. Copies of these appraisals are available for review in the Clerk's office. On July 31, 2000, Mr. Nutt presented to the City an offer of judgment for Parcel 104 in the amount of$91,000.00. Counsel for Mr. Nutt argued that Mr. Nutt had obtained preliminary subdivision plan approval from Orange County for the parent tract of Parcel 104. This subdivision plan approval included both commercial and adult congregate living facilities (ACLF) uses. Parcel 104 falls within both of these uses as set forth in the subdivision plan. Mr. Nutt then.argued that the ACLF portion of Parcel 104 was worth $4.00 per square foot and the commercial portion of Parcel 104 was worth $14.50 per square foot. Mr. Nutt, however, did not have the property appraised. On August 15, 2000, the City Commission, based upon my recommendation, rejected the offer of judgment. My recommendation was based on the fact that Mr. Nutt had failed to provide either an appraisal or proof of the preliminary subdivision plan approval and that we were unable to confirm that plan approval had been granted. We have now confirmed that, in between the time of our initial appraisal and offer, but before the Order of Taking hearing, Mr. Nutt did, in fact, obtain preliminary subdivision plan approval. On February 12, 2001, James Shira and I attended a mediation on Mr. Nutt's case. In preparation for mediation I asked Walter Carpenter to update his opinion of value for Parcel 104 with the knowledge that it had preliminary subdivision plan approval in place as of the date of taking. Mr. Carpenter advised me that given this information his trial testimony would be $4.00 per square foot for the ACLF portion of Parcel 104 and $10.00 per square foot for the commercial portion. This results in a total value of$63,936.00, or $35,116.00 more than the City's initial offer. At the mediation, Mr. Nutt offered to settle his entire claim, inclusive of land value, damages, interest, attorneys' fees, costs, and fencing', for $99,500.00. I believe this amount represents a fair settlement and should be approved by the City Commission. My analysis is set forth below. • If this matter were to go to trial, at a minimum, the City's exposure would be as follows: Land Value $63,936.00 Interest 3,418.00 Attorneys' Fees 11,589.00 Costs (appraisal & survey) 10,000.00 Fencing 3,500.00 $92,443.00 ' The fencing at issue was located on, but not within the right-of-way acquired. Consequently, compensation for its acquisition was not included in the appraisals. The fencing, however, has now been removed as part of the construction, entitling Mr. Nutt to compensation. 006.210186.1 2 This amount represents what the City's exposure is based on Walter Carpenter's predicated testimony at trial and does not include any of the City's costs if the matter were to proceed to trial. As you can see, this amount is only $7,057 less than the amount agreed to by Mr. Nutt. RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners approve the settlement of the eminent domain litigation for Parcel 104, formerly owned by Glenmuir Properties, Ltd., by payment of$99,500.00 to Glenmuir Properties, Ltd., (less the 29,750.00 previously deposited in the court registry) and authorizing the City Attorney or Assistant City Attorney to execute a final judgment for these amounts. cc: Jim Gleason, Acting City Manager James W. Shira, PE, City Engineer 006.210186.1 3 frlJG��it P-A MEDIATION SETTLEMENT AGREEMENT The undersigned being the parties and counsel of record in the following case: CITY OF OCOEE, a municipal corporation created by and existing under the laws of the State of Florida, Petitioner, vs. GLENMUIR PROPERTIES, LTD. , a Florida limited partnership, Respondent as to Parcel 104, case number CI 099-9614, Division 37, pending in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, having appeared at mediation with the undersigned mediator, do hereby agree to settlement of all of the issues pending between these parties in this action upon the following terms: • 1. The City of Ocoee shall pay to the Respondent the sum of $99, 500 . 00 within twenty days of entry of the Final Judgment. 2 . The settlement is conditioned upon the approval of the City Commission of the City of Ocoee. This matter shall be presented to the City Commission for its consideration at its March 6, 2001 meeting. 3 . The Petitioner shall receive a credit for any sums heretofore paid as and for Parcel 104 in the above styled case. 4. The compensation to be paid by Petitioner pursuant to Paragraph 1 above is full compensation for the taking of Parcel 104, including the value of the part taken, damages to the remainder, if any, all other damages of any sort, and is further inclusive of attorneys' fees, interest and costs, except as set forth below. 5 . The costs of mediation are in addition to the amount set forth in Paragraph 4 above and shall be paid by Petitioner. Page 1 of 2 SETTLEMENT AGREEMENT - Page: 2 of 2 Agreed to this 12th day of February, 2001, by: • CITY OF OCOEE, a municipal corporation created by and existing under the laws of the State of Florid Petitioner By: L.J. Prin name: � .. �r c.J . .-.Y 4e4 Title: C 7-7 A. DOT Es ire • tt ney for etitione GLENMUIR PROPERTI - LTD. , a Flor' da limite• p:rtnership, Respo t ent as t7 P.rcel 104 /� By: 1 �� A/1 .64..'+.r� /',g/tnj�-tz Pr n name: 61).6 • IV v Title: 66LIEVAL. n12 Tt. z-) J. CHRISTY WILSON, III, Esquire -qatrMe T'fo GLENMUIR PR�� 'ERTIES, LTD. , a Flori.a limited partners' ip, Respondent as to Parcel 104 • +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Hubert I . Sears, Certified, Mediator