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HomeMy WebLinkAboutV (B) Approval and Authorization to Execute Purchase Agreement with Health Central (Express Care) for Old Winter Garden Road Widening Project Agenda 9-16-2003 FOLEY : LARDNER ItemVB ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE,SUITE 1800 ORLANDO, FLORIDA 32801.2386 P.0. BOX 2193 ORLANDO, FLORIDA 32802.2193 TELEPHONE:407.423.7656 FACSIMILE:407.648.1743 WWW.FOLEYLARDNER.COM MEMORANDUM CLIENT-MATTER NUMBER 020377-0547 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Assistant City Attorney THROUGH: Paul E. Rosenthal, City Attorney DATE: September 5, 2003 RE: Old Winter Garden Road Widening Project: Purchase Agreement with HealthCentral (ExpressCare) As part of the Old Winter Garden Road Widening Project, the City needs to acquire a 6,986 sq. ft. parcel of land from HealthCentral, as the owner of the ExpressCare facility located at the southeast corner of Maguire Road and Professional Parkway. A sketch and legal description of the necessary property is attached for your review. The City has had the property appraised by Dan DeRango of DeRango, Best & Associates, who appraised it at $60,752.00. A copy of the appraisal report is available in the Clerk's office for your review. Discussions between City Staff and HealthCentral Staff regarding this property have been on-going since the Maguire Road Project. Construction plans for Professional Parkway show the construction of a concrete median from the intersection of Maguire Road and Professional Parkway east, extending past the driveway for the ExpressCare facility. In order to insure continued and safe dispatch of ambulances from the ExpressCare facility, the City Staff and PEC have designed the median opening with a emergency vehicle signal to be operated by ExpressCare when an ambulance needs to be dispatched from the property. The signal will clear traffic from a special median opening designed to accommodate the ambulances as well as clear traffic at the intersection of Maguire Road and Professional Parkway. FOLEY&LARDNER 006.308268.1 FOLEY : LARDNER ATTORNEYS AT LAW After receipt of the appraisal report, HealthCentral approached City Staff about donation of the property under certain conditions. The ExpressCare property is presently improved with a swale drainage facility along its southern property line. This property line abuts the City's retention pond constructed for the widening of Maguire Road. HealthCentral advised the City that it would donate the necessary property for the widening of Professional Parkway if the City would take the drainage being handled by the swale on the ExpressCare property and drain it into the City's retention pond. HealthCentral then requested that the City fill in the swale and pave the area on the ExpressCare site in order to accommodate more parking. PEC reviewed these conditions and determined that there was capacity in the City's pond to accommodate the drainage presently being treated in the swale and that the cost of installing the necessary piping and the fill and paving of the swale area was significantly less than the value of the land needed for the widening of Professional Parkway. HealthCare also requested that the City document this condition by granting it a Perpetual Drainage Easement. HealthCentral also asked that the City modify its construction plans to move the proposed sidewalk in the new right-of-way up to the curb line in order to create a two foot planting area in the new right-of-way. HealthCentral then asked that the City landscape this area to mitigate the loss of the ExpressCare's existing hedge located within the property to be acquired. City Staff has also agreed to make this change provided that HealthCentral take responsibility for the long term maintenance of the landscaping. City Staff recommends that the City Commission accept the donation of the right-of-way by HealthCentral, upon the terms and conditions outlined above. Recommendation: Its is respectfully recommended that the Mayor and City Commissioners approve a Purchase Agreement with HealthCentral as outlined above and authorize the City Attorney and Mayor to execute all documents necessary to close the transaction. Attachments cc: Jim Gleason David Wheeler 2 006.308268.1 FOLEY1LARDNER ATTORNEYS A T I. A W LEGAL DESCRIPTION (PROPOSED ADDITIONAL RIGHT OF WAY) (RW-1) 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 Rood; thence North 89'42'10" Cost o distance of 67.49 feet along said North right of way line; thence leaving said right of way line South OO'17'59" West o 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 o distance of 92.54 feet to a point of curvature of o curve concave to the southwest. having a radius of 50.00 feet, a central angle of 78'28'02" and o chord of 63.25 feet that bears South 51'0413" East; thence southeoslerly 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 o point on the aforesaid East right of way line of Maguire Rood: thence along said right of way tine North 07'53'13' West o distance of 20.57 feet to a point of curvature of a curve concave to the southeast, having o radius of 50.00 feet, a central • angle of 83'45'2e' 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 squore feet, more or less. SURVEYORS REPORT T. The bearings shoen hereon ore based on Baseline a1 Maguire Road from Station 1994-00 to Station 2aatOa. being North 01'07'25 OM- 2. See Sheet 2 al 2 for Sketch of p4sGri01011. Dole: CERT NO LB2108 45800047 LEGAL DESCRIPTION August 31.199$ r, .F FOR .bb Mo.- Scats, dyt " s f. 45800047 NOT TO SCALE ? f 7'K f - a�a ' M _.ja rwrwr� 4r3'Jta•NPNlla11ttl111. Professional Engineering SOUTHEASTERN SURVEYING at MAPPING CORP g CH 67617-6.Florida Administrative 324 N Orlando Avenue Consultants, Inc, Code reveres that a iegal deecnption Maitland, Florida 32751 • *thong Paw the notation that 407/647-8898 THIS IS NOT A SURVEY, GA B. KRICK scastineco vas SURVEYOR N0. 4245 3 006.308268.1 FOLEY1LARDNER ATTORNEYS AT LAW SKETCH OF DESCRIPTION oZ M O ' r b is nt a NOT PLATTED 00 1" =TO0' = GRAPHJC SCALE °1 1 ! °� 0 5Q 1 Qfl 200 T W P©INT OF COMMENCEMENT Q I NORTH RIGHT Of WAY LINE 67.44' O'17'SWE N8942'Ot"E ,OO' PRQFESSIONAL PKWY. POINT OF BEGINNING '�""— N89-4 54'1 L=73.14' I �P.T P.C. R=50.00' R=50.00' l x68.48' 0.83'48'28' P�;, 589'42'01`W 163.63' A=7828'02" CB=N4T48'02.E T. ©30 CB-S5E04'13"E CHORD=66.74' °i -}ir 44'35't O w er--± 5.43' CHORD=63.25' w PROPOSED ADDITI©NAL fro RIGHT OF WAY MEDCARE CENTER ,n PIAT BOOK 18 PAGE 136 mtpnwriot4s1 RM - RIGHT Of WAY R +� US Of CURVE 8 - CENTRAL ANGLE CB . CHORD BEARW+G N - NORTH E EAST -- -- c W WEST A.,o. = . �'4 -_T-r,-• ,.1. - S . SOUTH .c'i1' #il _ . '.-2" -CI. P.C. - POINT Of CURVATURE -�,T"�T-j•"'r-1r',tai, P.T. . POINT Of TANGENCY ..*;.2o2;1 -ILLAi7..iAii�i A►,ffif1R1rl211rNl16111.1 \ Mowing No. 45000047 SOUTHEASTERN SURVEYING k MAPPING CORP- Job No- 45000 324 North Orlando Annus Dote: August 31, 1999 Maitland, Florida 32761-4102 Sheat 2 of 2 (407)M?-x090 Tax(407)647-1807 Soo Snset I Tor Legal Dascriptlon e-mo11:,amcgRSool coin Cart No. L5-2100 4 006.308268.1