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Home My WebLink AboutV (E) Old Winter Garden Widening Project: Proposed Settlement with the Usmani Family, LLC Agenda 7-15-2003 FOLEY : LARDNER Item VE ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE,SUITE 1800 ORLANDO.FLORIDA 3 2 8 01-2 3 86 P.0.BOX 2193 ORLANDO,FLORIDA 32802-2193 TELEPHONE:4074237656 FACSIMILE.407648.1743 WW V.FOLEYLARDNER.COM MEMORANDUM CLIENT.MATTER NUMBER 020311-05<, TO: The I lonorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Assistant City Attorney THROUGH: Paul E. Rosenthal, City Attorney DATE: July 2, 2003 RE: Old Winter Garden Road Widening Project: Proposed Settlement with the Usmani Family, LLC (Parcels 109 and 707) As part of the Old Winter Garden Road Widening Project, the City needs to acquire Parcels 109 and 707 from the Usmani Family, LLC. Dr. Usmani operates a medical clinic on the west side of Old Winter Garden Road just north of its intersection with Professional Parkway. Parcel 109 is a 1,313 square feet triangular taking along the property's Old Winter Garden Road frontage. Parcel 707 is a 10 foot temporary construction easement located to the west of the triangular taking. Legal descriptions and sketches of both parcels are attached for your review. Dr. Usmani has developed his remainder property with a medical clinic. The triangular taking and the temporary construction easement fall on that portion of Old Winter Garden Road where the proposed realignment of Old Winter Garden Road begins on the north and extends directly south to Professional Parkway. When roadway design was started, Dr. Usmani's parcel was vacant and unimproved. When the road design was at the 30% level, Dr. Usmani came to the City with proposed development plans for his medical clinic. City Staff recognized the need to have PEC and Dr. Usmani's engineer work together to ensure that the road design had the least amount of impact as possible on Dr. Usmani's proposed development. This collaboration did in fact occur. The City has had Parcels 109 and 707 appraised by Dan DeRango of DeRango, Best & Associates. Mr. DeRango initially appraised Parcels 109 and 707 at $8,863.00 and FOLEY a LARDNER FOLEY : LARDNER , . . ORN E . z . , LAW $1,386.00 respectively. Just prior to the scheduled Order of Taking hearing, Dan DeRango updated his appraisal report. This resulted in an upward adjustment of the appraised value to $12,283.00 and $1,592.00, respectively. A copy of all appraisal reports mentioned in this memorandum arc available in the Clerk's office for your review. The City filed suit to condemn the property in January 2003. The Order of Taking hearing was scheduled for April 14, 2003. After the filing of the suit, Dr. Usmani retained Kent Hipp of the law firm Gray Harris & Robinson to represent him in this matter. Just prior to the Order of Taking hearing I was contacted by Mr. Hipp who indicated that the construction plans showed construction of a portion of the City's new sidewalk outside the right- of-way as well as the need for some minor modifications to the construction plans to accommodate Dr. Usmani's stormwater drainage system. Mr. Hipp indicated that Dr. Usmani would be willing to resolve all of the issues in the case favorably if PEC would address the engineering issues. It was agreed upon by counsel for the City and Mr. Hipp to continue the Order of Taking hearing in order to address Dr. Usmani's issues. PEC reviewed the analysis prepared by Dr. Usmani's engineer, William Tipton, and determined that Mr. Tipton had raised valid concerns. The construction plans were modified slightly to move the sidewalk inside the proposed right-of-way line and to address the drainage issues raised by Mr. Tipton. PEC has advised me that the conflict between the City's proposed plans and Dr. Usmani's existing development occurred because PEC did not have survey data for Dr. Usmani's improvements. At the time of project collaboration, Dr. Usmani's improvements were only proposed. PEC surveyed Dr. Usmani's improvements and modified the City's plans to address these conflicts without the need for additional right-of-way. Based on the City's representation that the construction plans will be modified as requested by the property owner. Dr. Usmani has presented an offer to stipulate to an Order of Taking and Final Judgment on the following terms and conditions: I. Conveyance of the necessary property to the City of Ocoee for a total compensation of $19,000.00 2. Attorneys' fees 2,570.06 3. Engineering fees 4,269.20 4. Appraisal fees 1,706.00 Total $27,545.26 The owner's requested compensation is $5,125.00 more than the appraised value of the properties taken which is a 37% difference. Although this percentage difference is high, the dollar amount is small enough that it is not cost effective to litigate the difference in the appraised compensation and requested compensation. The attorneys' fees are calculated according to the statutory formula with the addition of$626.06 in costs. Although some of the costs requested by Gray, Harris & Robinson are debatable, the law firm has agreed to waive any claim to attorneys' fees for non-monetary benefits obtained for Dr. Usmani. The requested 2 FOLEY : LARDNER change in the construction plans related to the drainage issues on Dr. Usmani's property would all constitute non-monetary benefits for which Gray, Harris & Robinson could claim attorneys' fees. It is my opinion that the attorneys' fees that Gray, Harris & Robinson could claim as a result of these non-monetary benefits would exceed the value of any debatable costs. I have reviewed the invoices submitted by Tipton & Associates and Calhoun, Dreggors & Associates for the engineering and appraisal work performed on the file and find these invoices to be reasonable. As you arc aware, the City is responsible, pursuant to Florida law, to pay reasonable fees and costs incurred by property owners as a result of eminent domain. The cost of this acquisition is governed by the Interlocal Agreement between the City of Ocoee and Orange County. This property is in Part A which obligates the City of Ocoee to pay 54% of the project costs and Orange County is responsible for 46% of the project costs. The Interlocal Agreement does not require the City to obtain approval from Orange County to settle matters above appraised value for properties falling within Part A of the road alignment. RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners approve the proposed settlement and authorize the City Attorney and the Mayor to execute all documents necessary to finalize the acquisition. MA D/j lc cc: Jim Gleason David Wheeler 3 SKETCH OF DESCRIPTION N o = 50 �O GRAPHIC SCALE G — � 0 25 50 too �F P, o il,r W 9�Olti� LOT 11 C▪C .0 WEST ORANGE COMMERCIAL CENTER sbc,. O1 Z PLAT BOOK 25. PAGE 67 �/(In W �rc N E 1/4 N W 1/4 P SECTION 29-22-28 c p = m w o USMANI FAMILY LLC 1 09 -,Aol, PARCEL ID NO. e 28-22-28-9158-00-110 RIGHT OF WAY "�01 ,?) w$ � ^ f SOUTH LINE. LOT II 40.00' S8W42'5YW/ LOT 12 TRACT A / POINT OF BEGINNING SOUTHEAST CORNER 101 II ABBREVIATIONS.R/W = RIGHT OF WAY 'I 41P% 1A\ EXIST = DOSING a AEI-I.;.41:III_u_L i• � -a Like IS Ouiwing No 45727O61 SOUTHEASTERN SURVEYING & MAPPING CORP. Job No 05727 324 North Orlando Avenue Dote- April 22. 2CO2 dew' Moillond. Florida 32751-4702 Sneer 2 of 2 (407) 647-8896 lox. (407) 647-1667 See Sheet t for I egos Oas'!pL011 PARCEL 109 RIGHT OF WAY LEGAL DESCRIPTION A portion of Lot 11, West Orange Commercial Center, as recorded in Plot Book 25, Page 67 of the Public Records of Orange County, Florida. Being more particularly described as follows. Begin of the intersection of the Southeast corner of soid Lot 11 and the Southwesterly Right of Way line of Old Winter Garden Rocd; thence 589'42'52"W 40.00 feet along the south line of said Lot 11, thence NIB"29'31"W 69.09 feet to a point on said Southwesterly right of way line; thence 543'27'54`E, 90.00 feet along sold right of way line to the POINT OF BEGINNING. Containing 1,313 square feet, more or less. Note. Bearings shown hereon are based on the North Ilne of the Southwest 1/4 of the Northwest I/4 of Section 29, Township 22 South, Range 28 East as being N89.429 5"E (Assumed). LeLegal Description Dote 45727067 g P April 22, 2002 CBvG . psatarl=1p� FOR .too Na. scalI = 50 i .rg!A 45727067 t = so J -n as Professional Engineering • SA w Consultants SOUTHEASTERN SURVEYING & MAPPING CORP. CH 61017-6. Florida Atieccolrative 324 North UNonao Avenue Code requires that a legal description Maitland. Florida 32751-4702 draw! q hear the nomeon that (007) 547-88 8 CERT. NO. LB2108 THIS IS NOT A SURVEY. foes heo a surveyin corn Sum: CT 2 (GMY REGISTERED CHuev NO Parcel 707 Temporary Construction Easement LEGAL DESCRIPTION A portion of Lot 11, West Orange Commercial Center, os recorded in Plat Book 25, Page 67 of the Public Records of Orange County, Florida. Being more particularly described as follows: Commence at the intersection the Southwesterly right of way line of Old Winter Garden Road and the Southeast corner of said Lot 11; thence along the South line of said Lot 11 589'42'52'W, 40.00 feet to the POINT OF BEGINNING; thence continue 589'42'52'W 10.53 feet along said line; thence N18'29'31"W, 87.27 feet to said Southwesterly right of way line; thence S43127'54"E, 23.69 feet along said Southwesterly right of way line; thence departing said Southwesterly right of way line 618'29'31"E, 69.09 feet to the POINT OF BEGINNING. Containing 782 square feet more or less. Nate: Bearings shown hereon ore based on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 29, Township 22 South, Range 28 East as being N89142'15"E (Assumed). Legal Description Date: 49ZJO68 Le g p April 22, 2002 cB c p, t, FOR dob No.. Scale: N r�7r c7��b.}} ,,j_�Lt 45727063 1" = 50 r�i��SL11''ll W Professional Engineering - Consultants SOUTHE46324N SURVEYINGOrn & venue CORP. cP. etcnse, FloridaaAdministrative 324 North, FloridaOrlando Avenue Code requires that o legaltithat description 64n-, Fl 3275 tO4 draL82 08 dng bear theT on that (407) 6i toOs CERT. N0. Ln co THIS IS NOT A SURVEY. a ail: intoos hease nsuf rveyingcom Sheet 1 of 2 GARY El.�C� r REGISTERED INW SURVEYOR NO. 4245 SKETCH OF DESCRIPTION 9, N O ' I s0 4/A 1 50 GRAPHIC SCALE i C, -19% 0 25 50 10D s 2. Cp Pict( air O,t U' IAN G 4. �1F A� W LOT 11 yf `�1�S_v veal Qa WEST ORANGE COMMERCIAL CENTER O'9O 3 PLAT BOOK 25. PAGE 67 11) N E 1/4 N W 1/4 1.11 Z 4 SECTION 29-22-28 Cr a 0 - TEMPORARY rt.` CO w CONSTRUCTION 707 6• EASEMENT - St �U 9SMANI FAMILY LLC 71j, PARCEL ID NO. �:^i St 28-22-28-9158-00-110 P 10.53' , SOUTH LINE LOT I 40.00' —- S89'42'52'W / LOT 12 POINT OF BEGINNING POINT OF COMMENCEMENT SOUTHEAST CORNER Lm 11 ABBREVIATIONS. RAW = RIGHT OF WAY G 11 EXIST = EXISTING s I . .-e-T `..rF -Ur 1 .1. •' Y.Yix a a \ Ornwmg No. 457770E8 SOUTHEASTERN SURVEYING 8t MAPPING CORP. Job No. 45727 324 North Orlando Avenue Dote: Aprn 22, 2002 PEAL Maitland. Florida 32751-4702 Sheet 2 of 2 (4oJ) 647-8098 fox: (407) 647-1667 See Sheet 1 for I Aga! Descrin4on