HomeMy WebLinkAboutV (D) Approval and Authorization for Mayor and City Clerk to Execute the Purchase Agreement with Richard and Mary Bruce Agenda 7-15-2003
FOLEY : LARDNER Item VD
ATTORNEYS A T LAW
111 NORTH ORANGE AVENUE,SUITE 1800
ORLANDO,FLORIDA 32601-2386
P.O.BOX 2193
ORLANDO,FLORIDA 32802-2193
TELEPHONE 407 423 7656
FACSIMILE.407.648.1743
WWJJ.FOLEYLARDNER COM
MEMORANDUM
CLIENT MATTER NUMBER
0203AL546
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: June 9, 2003
RE: Old Winter Garden Road Widening Project: Purchase Agreement with
Richard and Mary Bruce(Parcels 113 and 711)
As part of the Old Winter Garden Road Widening Project, the City needs to
acquire Parcels 113 and 711 from Richard and Mary Bruce, property owners located at the
southeast corner of Old Winter Garden Road and Blackwood Ave. Parcel 113 is a 2,047 square
foot strip taking along the Old Winter Garden Road frontage along with the corner clip at the
corner of Blackwood and Old Winter Garden Road. Parcel 711 is a 110 square foot temporary
construction easement over the Bruces' driveway on Old Winter Garden Road. Sketches and
legal descriptions of Parcels 113 and 711 are attached for your review. The Bruces' remainder
property is improved with two single family residences and the Bruces live in the westernmost
home on the corner of Old Winter Garden Road and Blackwood.
The City has had Parcels 113 and 711 appraised by Dan DeRango of DeRango,
Best & Associates who appraised them at $11,258.00 and $258.00 respectively. A copy of the
appraisal report is available in the Clerk's office for your review.
On February 4, 2003, City Staff made an offer to purchase Parcels 113 and 711 to
Mr. and Mrs. Bruce for their appraised value, subject to City Commission approval. Atter
receipt of the offer, the Bruces asked me to meet with them at the property to discuss their
concerns about the taking. When I met with the Bruces on site, they advised me that they were
very concerned about the proximity of their house to Old Winter Garden Road after it is
widened. Mrs. Bruce explained that due to their location on the corner of Blackwood and Old
Winter Garden Road they frequently had cars end up in their front yard and come close to hitting
006.296444.2 FOLEY&LARDNER
FOLEY : LARDNER
their house. "Hie Bruces expressed concern about the impact of the roadway traffic and their
ability to stay in their home once the road is widened. Fursan Munjed from PEC accompanied
me on that visit and he roughly staked out the area of taking. Based on his staking it was
determined that there is landscaping within the right-of-way taking that had not been
compensated for in the appraisal report. The Bruces indicated to me that they would convey the
property to the City at its appraised value if the City would construct a wall along the road
frontage to lessen the impact of the road widening on their property and pay them for the
landscaping in the taking.
The Bruces then hired Raymer Maguire, Esq. to represent them. Mr. Maguire, on
behalf of the Bruces, has presented an offer to sell Parcels 113 and 711 based on the following
terms:
1. Conveyance of the necessary property to the City at its appraised value;
and
2. Compensation for landscaping within the right-of-way taking;and
3. Compensation for the cost to construct a wall along the roadway frontage;
and
4. Payment of$637.56 in engineering fees; and
5. The payment of$1,500.00 in attorneys' fees.
I have now received estimates from PEC and from the landscaping contractor
utilized by Dan DeRango for the cost of the wall and the cost of the landscaping. These items
have been estimated at $10,000.00 and $6,075.00 respectively. The Bruces have submitted an
engineering bill in the amount of $637.50 and an invoice for attorneys' fees in the amount of
$1,500.00. I have reviewed these estimates and invoices and find these amounts to be
reasonable. The total amount of the proposed acquisition, less the fees and costs, is $27,591.00.
Accordingly, attached are two original Purchase Agreements that have been executed by the
Bruces.
Although this number is more than twice the appraised value of Parcels 113 and
711, I deem the purchase price to be reasonable. The $6,075.00 landscaping costs were not
included in the appraisal report because the appraiser determined that the highest and best use of
the property is for future development in conformance with the emerging medical office district.
As such, the existing landscaping does not contribute to the value of the property at its highest
and best use. The Bruces, however, utilize the property as their residence, identified in the
appraisal report as an interim use and requested compensation for the taking of the landscaping.
The cost of the wall should be viewed as a cost to cure a potential severance damage claim that
would have been available to the Bruees, based on the interim use, if the case had gone to
eminent domain. Although these potential claims for additional compensation are defensible, it
is not cost effective to litigate them. The attorneys' fees and costs presented by the Bruces are
also very reasonable. Filing an eminent domain action and continuing to litigate this matter in
2
006 296444 2
FOLEY : LARDNER
hopes of obtaining a settlement or a verdict more favorable to the City would not be cost
effective. Not only does the condemning authority have to pay the reasonable expenses of the
property owners experts if the matter were to go to trial, the City would incur expert and
attorneys' fees of its own. There is no guarantee that the City would achieve a better result than
that proposed by the Bruces.
The cost of this acquisition is governed by the Interlocal Agreement between the
City of Ocoee and Orange County. This property is in Part B which obligates Orange County to
pay 100% of the Project B costs. This matter is set to be heard by the Orange County Board of
County Commissioners on July 15, 2003 on the Consent Agenda.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners approve
the Purchase Agreement and authorize the City Attorney and the Mayor to execute all documents
necessary to close the transactions.
cc: Jim Gleason
David Wheeler
3
006.296444 2
PARCEL 113 RiGHT OF WAY
LEGAL DESCRIPTION:
A portion of the Northeast 1/4 ot Section 29, Township 22 south. Range 28 East,
Orange County, Florida
Being more particularly described as follows:
Commencing at the Southwest corner of the SE 1/4 of the NE 1/4 of said Section
29; thence NO0'02'24"W along the West line of said SE 1/4 of the NE 1/4 a
distonce of 979,40 feet to a point on the South line of lands described in
Official Records Book 1616, Page 076; thence S75'17'24"E along said South line
62.04 feet to a point on the East right of woy line of Blackwood Avenue as described
in said Officicl Records Book 1816, Page 76 of the Public Records of Orange County,
Florida: thence N00 :12'24"W along said right of way line 257.80 feet to the
PQ1NT OF BEGINNING: thence continue N0702'24W along said right of way line
42.38 feet to a point on the Southerly right of way line of Old Winter Garden Road;
thence S790005"E along said right of way line 55.16 feet to the point on the arc
of a non-tangent curve concave to the south having a radius of 652.94 feet,
o central angle of 03'32'04" and a chord of 52.61 feet that bears 57714'06"E;
thence southeasterly ofong the arc of said curve, 52.62 feet to o point of tangency;
thence S752805"E a distance of 88.23 feet to a point on the east line of lands
described in Official Records Book 3304, Page 1495 of the Public Records of Orange
County, Florida; thence leaving said right of way line S01'02.36"W along said east
line 2.21 feet to the point on the arc of a non-tongent curve concave to the south
having a radius of 2,031.00 feet, a central tingle of 04'42'10" and a chord of
166.66 feet that bears N80'27'14"W; thence northwesterly along the arc of said
curve, 166.70 feet: thence 548'20'34W a distance of 35.39 feet to the
POINT OF BEGINNING.
Containing 2,047 square feet or 0,05 acres, more or less.
NOTE,The bearings shown hereon ore Paseo on the North line of the SW 1/4 of the NW 1/4 of
Section 29, Township 22 South, Ronge 28 Lost, Orange County, Florida, being N89'42'15"E (Assumed)
-Owe 4.,727c,`51
Legal. Description April 22. 2002 CS
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FOR J.:* No Stoic 4 'it tit.
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Professional Engineering
Consultants SOUTHEASTERN SuRVErdeG & MAPPING CORP,
01C17-6, nand° Aorriirantiiii,e 324 North Ortonoo Avenue
Cue* requires that a tiegat descriat,on Maitland. Florido 37.751-4702
41fOrd41,9 heat- the notai;an that (407) 647-8898 CERT, NO. IB2108
THIS IS NOT A SURVEY. e oil: into* Imo surveyin cern
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SKETCH OF DESCRIPTION
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SOUTH UNE OF THE NE 1/4 OF THE HE 1/4 or SECTQN Z , TOort4SHIP 22 SOLTIT-1, RANGE 28 EosT
— — ——
A,
NORTH Lit< or THE sr 1/4 Or ME NE 1/4 OF SEC TION 20, TOWN5HiP 22 00,414, RAtolf:
0'a ,4 , R=852.94 L=52.59'
Vii/Ai T. .410 A=S31'57'
CB=N77.14'06"W
S79.00 filcHri 1 GAR,Li,, - CHORD=52.58"
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RICHARD BRUCE ANO MARY BRUCE
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Drowet9 No 45727051 324 North Orlondo Avenue
Job No j 45727 ;t•
4..,... 'TAO 1 00 Modlond, Florida 32751-4702
Dote Ai 1 22, 2002 CS (407) 647-8898 fox (407) 647-1667
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SCHEDULE "A"
pArriLii1
PURPOSE: Temporary Construction Easement
A portion of the Northeast 1/4 of Section 29, Township 22 south, Range 28 East,
Orange County, Florida
Being more particularly described as follows:
Commence at the Southwest corner of the Southeast 1/4 of the Northeast 1/4 of said Section 29;
thence NIX'702.27'W along the West line of said Southeast 1/4 of the Northeast 1/4 a distance cf
984.28 feet to a point on the South line of the lands described in Official Records Book 1816, Page
076: thence 575'1724"E along said South line, 62.14 feet to a point on the East Right—of—Way line of
Blackwood Avenue as described in said Official Record Book 1816, Page 076 of the Public Records oi
Orange County, Florida; thence continue along said South tine 57517'24E, a distance of 191.47 feet to
the East line of lends described in Official Record Book 3304, Page 1495 of the Public Records of
Orange County, Florida; thence NO1'02'36"E along said East line a distance of 297.18 feet to the point
on the arc of a non—tangent curve concave to the South having a radius of 2,031.00 feet, a central
angle of 0013,12and a chord of 7.80 feet that bears N78'12'45'W; thence Northwesterly along the arc
of said curve 7.80 feet to the POINT OF BEGINNING; thence S11'22.02"E, a distance of 5.00 feet: thence
N78`3759"W, a distance of 22.00 feet; thence N1122'02E, a distance of 5.00 feet to the point on the
arc of o non—tangent curve concave to the South having o rodius of 2.031.00 feet, a central angle of
003714" ond a chord of 22.00 feet that bears 578'3758E; thence Southeasterly along the arc of said
curve 22,00 feet to the POINT OF BEGINNING,
Containing 110 square feet more or less.
Bearings shown hereon are based on the North ifiC of tne Southwett 1/4 or the Northwest 1/4 of Section 29, Township 22 South,
Range 78 East as being N89'42.15"E (Assumed)
2. hereby certify that the 'Sketch of Oesaription" of the above described property Is true and correct to the test of my knowledge
-thd bestial as recently drown under my direction and that it meets the technical standards set forth tn, the riondc Board of
`..oaricyo•7 and Mappers pursuant to Section 472.027 of the Florida Statutes
Dote: CERT. NO. L02108 45717034
Description 9/26/2002 cbvg
FOR Job No.: Scale:
45727054 1" = 50 Wl111.
0 _ a.
*At.'
Professional Engineering woe.
SOUTHEASTERN SURVEY-IN' G Ac MAPPING CORP
Consultants C4. 51017-6, Florida Administrative 324 North Orlando Avenue
Cade requires that a .901 description Maitland, Florida 32751
drawing bccr the notation that (40 )847-8808 tax(407)647-1867
THIS IS NOT A SURVEY. email infosout ste .urveyin. corn
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SHEET 1 OF 2 ARY . •ICK
SEE SHEET 2 FOR SKETCH REGISTERED LaRo scuvrron ND 4243
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SKETCH OF DESCRIPTION
2. RCEL 711
SCUM u V nic t4E 1/4
OF T NE 1/4 OF SE41/04/10,
1044tiloiir 1.2 s3.313.3..4:3c 231 UST
KAM usi to..rt st 3/4 i
OF ritE N4 3/4 OF SECtOt4 29.
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POINT OF
BEGINNING
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N11'22.02"E i 1 m i la-.7..1 .1.4 2.211
Z 5.00'
alii
N78•37,59"W
> 22.00'
Si 1'22'02"W — R--2031.00L=7.80'
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5.00' 0 A=00'13'12"
.° 7 1 I
W '4 / CB=N78'12'45"W
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Ct I 15" TEMPORARY
CONSTRUCTION CHORD=7.80'
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014 Wz'. 0 PI EASEMENT
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r. PARCEL ID NO. PARCEL ID NO. ' R=2031.00' L=22.00'
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00'37'14"
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28-22-28-0000-00-030 28-22-28-0000-00-029
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CHORD=22.00'
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--0.R, BOOK 1816 PAGE 076 ....,
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SW CORNER OF THE SE 1/4 FACE 04
/ // OF THE NE 1/4 OF SECTION 29
'*'---------POINT OF COMMENCEMENT
ABE:FM.44104S: ' ifilAtlihre.AWILLIAWInk ,
JIMINIMIS161011111111
Rin = R014I or WAY
0,R, OFFICIAt RECORDS GRAPHIC SCALE. SOUTREASTERN SURVEYING 1 MAPPING CORP.
()rowing No. 4727054 / 324 North Orlando Avenue
Maitland, Florida 327M-4702
Job No. 45727 0 25 50 100 (407)647-3608 6=(407)647-007
Octal 9/26/2002 cbv Cart. No. L11-2106
Sheet 2 of 2 arnaininfo&southeasternsurverina.cato
ISee Sheet 1 for Legal Description