HomeMy WebLinkAboutVII (A) Resolution No. 2004-01 - Professional Parkway/Old Winter Garden Road Improvement Project (Parcel 126)
FOLEY: LARDNER
Agenda 01/06/2004
Item VII A
A T TOR N E Y S
A T
LAW
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO. FLORIDA 32801-2386
P. O. BOX 2193
ORLANDO. FLORIDA 32802-2193
TELEPHONE: 407.423.7656
FACSIMILE: 407,648.1743
WWW.FOLEY.COM
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0547
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: December 29,2003
RE: Professional Parkway/Old Winter Garden Road Improvement Project:
Resolution No. 2004-01
Based on the final project design prepared by PEC, the City needs to acquire
right-of-way from the Health Central Express Care site located at the southeast comer of
Maguire Road and Professional Parkway, a sketch of which is attached. You may recall that on
September 16,2003 you approved an agreement with Health Central regarding this right-of-way
("ROW"). The Agreement contemplated that Health Central would donate the necessary ROW
in exchange for a drainage easement to the City's pond located south of the Express Care site.
The drainage easement would have allowed Health Central the ability to remove a swale on the
south side of their property and improve the area with additional parking. In the Agreement, the
City had agreed to undertake these improvements, at no cost to Health Central, as part of the
road construction project. The Agreement, however, was subject to the approval of the Health
Central Board of Trustees. To our knowledge, the Health Central Staff has never presented the
Agreement to the Board. of Trustees for approval and has elected to condition approval upon a
satisfactory resolution of the Health Central ROW issues along Old Winter Garden Road. City
and County Staff, however, recommend that the Health Central Old Winter Garden Road right-
of-way issues be separated from the Express Care ROW issues. We now recommend that City
Commission approval of the Agreement be rescinded.
The appraisal firm of DeRango, Best and Associates has appraised the fee simple
interest in the necessary ROW at $60,752.00. The appraisal is available in the City Clerk's
office for your review. The date of this report, however, is January 3, 2001. Mr. DeRango is
FOLEY & LARDNER
006.320255.1
now updating the appraisal report to provide a more current value. We will send an offer to
purchase the property to Health Central upon receipt of the updated appraisal. Consequently, it
is still possible to negotiate a voluntary sale/acquisition of this ROW based on its appraised
value. However, in the event a voluntary sale cannot be negotiated it will then be necessary to
acquire the Express Care ROW by filing a condemnation action.
Attached is a proposed Resolution No. 2004-01 which authorizes the filing of a
condemnation action. The adoption of this Resolution and the filing of a condemnation action
are necessary in order to avoid any delay in the schedule prepared by City Staff. It is our
intention to file a condemnation action and to proceed to acquire the interest by a quick take
proceeding if a voluntary sale/acquisition cannot be accomplished by mid-February. A quick
take proceeding allows the City to acquire title to the needed property by demonstrating to the
Court's satisfaction a public need and necessity for the property and the deposit of the City's
good faith estimate of value in the Court's Registry. This evidence is presented at an Order of
Taking hearing, generally held sixty to ninety days after the suit is filed. Once the City deposits
its good faith estimate of value, title to the property transfers to the City. The property owner,
however, is entitled to a jury trial on the ultimate valuation of the property at some time in the
future. This procedure allows public bodies to obtain title quickly so the public projects are not
delayed but imposes the risk on the public body of what the ultimate valuation of the acquired
property is determined to be.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners:
1. Approve Resolution No. 2004-01, authorizing execution thereof by the Mayor and City
Clerk, and further authorizing all necessary actions in order to proceed to acquire the property by
quick take proceeding.
2. Rescind the Commission's September 16,2003 approval of the Express Care acquisition
agreement.
cc: Jim Gleason, City Manager
David Wheeler, Public Works Director
MAD/j1c
006.320255.1
LEGAL DESCRIPTION (PROPOSEO ADDITIONAL RIGHT OF WAY) (RW-1)
Thot pori of Section 29, Township 2.2 South, Ronge 28 EOSI. Orooge Count)', Florida, being
more partiClllorly described 05 follows:
Commencing at the intersection of the Nodh right of woyline of Professional Parkway ond
the EoSl right of way line of Maguire Rood: thence North 89"42'10" Eost 0 distance of
67.49 feel olQngsoid North right of way. line: thence leaving Roid riqhl of way Hoe
South 00'17'59" West {] distance of 60,00 feet to (I point or. the South rig hi of '/!Ioy
line or soid Profes:;,onol Parkway; thence along so,d right of woy line North 69'42'0'" East
(] distance of 92.54 feel to 0 point ot curvature of () ClJrve concove to the southwest. having
a (mHus of 50.00 fee!, a centro! angle pf 78'28'Ot' ollda chord of 63,25 feet that
bears South 51.041 S' Eost; thence soulheasterly 68.48 feet along said curve, thence
$o.uth89"42'Ol" West a distanc.e of 16363 feel; thence South 44.35"0" West a distance
of 35,43 feet to Q p'oint on the oforesoid East right of way lir,e of Mcguire Rood; thence
alon9 soid right of IfIOY line North 0/53'13" West 0 distance of 20.57 feet to 0 pQint of
curvature of tl curve concave to the southeast. hov1ng 0 radius of 50,00 feet. 0 contral
on9.1e of 8.3'48.28" and a chard of 66.79 fel!!t lhot bf!Ot:'. North 47'48'Ot. Eost; thence
northeo5ter~ 7314 feet alol\g the arc of said curve to the POlt~T or BEGINNING
CONTAINrNG 6986 sQuore feet, more or Ius.
SURVEYORSREPORl
1. the bfloritlQs show" hoere"''' ".e based on ea.eline <>f Ma9"". Ra"d fr"m $1"!i",, 199..00 r" statian 200 ~OO, Mf""l No<th 01'07'25" (".t
'2 SeeS""..t 2 <>f 2 fl>r Sic"teh o( Do...rip~lon..
LEGAL DESCRIPTION
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August 31.1999
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45B0004? NOT TO SCALB
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Consultants. fnc.
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COde -I'~rl!!1 1ho~ alegO$ 4a~u::np-tjQr<
or~i<)O b..oY Ill.. ~()wt;Ot\ IMt
lHlS IS NOT A SURVEY.
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324 N Orlando Avenue
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4tJ1/64 "1 -88gS
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SKETCH Qf" DESCRIPTION
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GRAPHIC SCALE
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POINT OF COMMENCEMENT
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PROPOSED ADOrnONAl
RIGHT OF WAY
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RESOLUTION NO. 2004-01
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 AND MAGUIRE
ROAD; 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 land 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 land 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 for the purpose
of perform 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 said
land is necessary for public safety and stormwater management, and that the acquisition of said
land therein otherwise to be in the public interest of the municipality and the people thereof; and
006.320255.1
WHEREAS, the interest to be acquired, is 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 (2002); 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.
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, AS FOLLOWS:
That the acquisition, by eminent domain, of the interest indicated in the following parcel
for the purposes set forth above has been found to be, and is found and determined to be,
necessary, in the best interest of the public, and for a public use and purpose, the legal
006.320255.1
descriptions of said parcel being more particularly described in Exhibit "A" attached hereto and
by this reference made a part hereof:
PARCEL NO.
OWNER:
INTEREST:
126
West Orange Healthcare District
Fee Simple Title
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."
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.
That this Resolution shall become effective immediately upon adoption.
006.320255.1
PASSED AND ADOPTED this _ day of
2004.
ADOPTED:
ATTEST:
By:
Name:
Title:
Jean Grafton
Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF 2004.
FOLEY & LARDNER
By:
Name:
Title:
Paul E. Rosenthal
City Attorney
006.320255.1
CITY OF OCOEE, FLORIDA
By:
Name:
Title:
S. Scott Vandergrift
Mayor
APPROVAL BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2004 UNDER
AGENDA ITEM NO.
EXHIBIT "A"
PARCEL NO.
126
OWNER:
West Orange Healthcare District
INTEREST:
Fee Simple Title
PARCEL 126
LEGAL DESCRIPTION
That part of Section 29, Township 22 South, Range 28 East, Orange County,
Florida, being more particularly described as follows:
Commencing at the intersection of the North right of way line of Professional
Parkway and the East right of way line of Maguire Road; thence North 89'42'10"
East a distance of 67.49 feet along said North right of way line; thence leaving
said right of way line South 00' 17' 59" West a distance of 60.00 feet to a point on
the South right of way line of said Professional Parkway; thence along said right
of way line North 89'42'01" East a distance of 92.54 feet to a point of curvature
of a curve concave to the southwest, having a radius of 50.00 feet, a central angle
of 78'28'02" and a chord of 63.25 feet that bears South 51 '04' 13" East; thence
southeasterly 68.48 feet along said curve; thence South 89'42'01" West a distance
of 163.63 feet; thence South 44'35' 10" West a distance of 35.43 feet to a point on
the aforesaid East right of way line of Maguire Road; thence along said right of
way line North 07'53' 13" West a distance of 20.57 feet to a point of curvature of
a curve concave to the southeast, having a radius of 50.00 feet, a central angle of
83'48'28" and a chord of 66.79 feet that bears North 47'48'02" East; thence
northeasterly 73.14 feet along the arc of said curve to the POINT OF
BEGINNING CONTAINING 6986 square feet, more or less.
OTHER INTERESTS: Orange County Tax Collector
006.320255.1