Loading...
HomeMy WebLinkAboutItem #10 Approval of Sale of Property to Orange County for Improving Good Homes Rd. AGENDA ITEM COVER SHEET Meeting Date: September 4, 2007 Item # , 0 ~~ Contact Name: Contact Number: David A. Wheeler, P.E. 407 -905-3100 ext. 1504 Reviewed By: Department Director: City Manager: Subject: Sale of Property to Orange County for Improving Good Homes Road Background Summary: The City of Ocoee, Orange County, and the Florida Department of Transportation have been working cooperatively to make improvements to the Good Homes Road and Colonial Drive intersection. The Florida Department of Transportation and Orange County entered into a Locally Funded Agreement on July 12, 2006 to add lanes and reconstruct Good Homes Road. The improvements to this County-maintained facility will be incorporated into the SR 50 improvement project covering the section from Good Homes Road to Pine Hills Road. The construction limits on Good Homes Road will extend from SR 50 (Colonial Drive) north to Aloha Avenue. As part of the Villas at Woodsmere development project, the City of Ocoee acquired title to a tract of land within the project during the platting process known as "Tract 5," which is a 20-foot-wide parcel running along the Good Homes Road right of way for the length of the development. This property may now be conveyed to Orange County for inclusion in the roadway construction project. The Florida Department of Transportation will pay the City $50,000 for this property. Issue: Orange County is working with the Florida Department of Transportation to make improvements to Good Homes Road, which is a County-maintained facility. Tract 5 of the Villas at Woodsmere was dedicated to the City of Ocoee for future improvements to Good Homes Road. The City of Ocoee needs to convey title for this tract to Orange County so that it may assemble the required right of way for construction. The Florida Department of Transportation is providing the financial support to compensate the City of Ocoee for the conveyance. Recommendations The City Engineer recommends that the City Commission authorize the Mayor and the City Clerk to execute the quit claim deed necessary to convey the property to Orange County. Attachments: (1) Proposed quit claim deed conveying Tract 5 of the Villas at Woodsmere to Orange County. (2) Offer and Purchase Agreement between the City of Ocoee and the Florida Department of Transportation. Financial Impact: The City of Ocoee will be paid $50,000 for the subject property, which was acquired through a developer's agreement related to permitting of the Villas at Woodsmere project. Type of Item: (please mark with an "x'J Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution X Commission Approval Discussion & Direction X Original DocumenUContract Attached for Execution by City Clerk ~ Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. For Clerk's DeDt Use: _____ Consent Agenda Public Hearing _____ Regular Agenda N/A N/A This instrument prepared by: R. Corriveau, a staff employee in the course of duty with the Real Estate Management Division of Orange County, Florida Project: FDOT (S.R. 50 from Good Homes Road to Pine Hills Road) FP No. 2395354/4200861 DEED THIS DEED, Made the _ day of , A.D. 20_, by the City of Ocoee, a Florida municipal corporation, having its principal place of business in the city of Ocoee, county of Orange, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761, GRANTOR, and ORANGE COUNTY, a charter county and a political subdivision of the state of Florida, whose address is P. O. Box 1393, Orlando, Florida 32802-1393, GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit-claim unto the said GRANTEE forever, all the right, title, interest, claim, and demand which the GRANTOR has in and to the following described lot, piece, or parcel of land, situate, lying and being in the county of Orange, state of Florida, to-wit: Tract 5 of Villas at W oodsmere, according to the map or plat thereof as recorded in Plat Book 65, Page 111, Official Records of Orange County, Florida and by Warranty Deed recorded in Official Record Book 8683, Page 3289 in the Official Records of Orange County. Property Appraiser's Parcel Identification Number: unassiened TO HA VE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the GRANTOR, either in law or equity, to the only proper use, benefit, and behoove of the GRANTEE forever. Project: FDOT (S.R. 50 from Good Homes Road to Pine Hills Road) FP No. 2395354/4200861 IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in its name by its Board, acting by the County Mayor, the day and year aforesaid. City of Ocoee, a Florida municipal corporation Signed, sealed, and delivered in the presence of: BY: S. Scott Vandergrift, Mayor Witness Printed Name Attest: Beth Eikenberry, City Clerk Witness Printed Name (Signature of TWO witnesses required by Florida law) STATE OF COUNTY OF I HEREBY CERTIFY, that on this day of, before me, an officer duly authorized in the State and County aforesaid to make acknowledgements, personally appeared S. Scott Vandergrift and Beth Eikenberry, personally to me known to be the Mayor and City Clerk, respectively, of the City of Ocoee, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. Witness my hand and official seal this day of ,20_ (Notary Seal) Notary Signature Printed Notary Name Notary Public in and for the county and state aforesaid My commission expires: S:\Forrns & Master Docs\Project Document Fi1es\I_Misc. Documents\F\FDOT (S.R. 50 from Good Homes Road to Pine Hills Road) FP No. 2395354 CD.doc 6/14/07 rd STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-030-07 RIGHT OF WAY OGC - 11/05 Page 1 of 3 OFFER AND PURCHASE AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 2395354/4200861 5-75050 N/A 50 Oran~e 116 Seller: CITY OF OCOEE, a municipality of the State of Florida Buyer: State of Florida, Department of Transportation Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the following terms and conditions. I. Description of Property (a) Real property described as: Tract 5 of Villas at Woodsmere, according to the map or plat thereof as recorded in Plat Book 65, Page 111, official Records of Orange County, Florida. (b) Estate being purchased: 181 Fee Simple D Permanent Easement D Temporary Easement D Leasehold (c) Buildings, Structures, Fixtures, and Other Improvements: N/A (d) Personal property described as: N/A (e) Outdoor Advertising Structure(s) Permit Number(s): N/A Property owned by others described as: N/A is NOT included in this agreement. A separate offer is being, or has been, made for this property. 575-030-07 RIGHT OF WAY aGe - 11/05 Page 2 of 3 II. PURCHASE PRICE (a) Real Property Land 1. $ 50,000.00 Improvements 2. $ 0.00 Real Estate Damages 3. $ 0.00 (Severance/Cost-to-Cure) Total Real Property 4. $ 50,000.00 (b) Total Personal Property 5. $ 0.00 Total Purchase Price (Add Lines 4 and 5) $ 50,000.00 (c) Portion of Total Purchase Price to be paid to $ 50,000.00 Seller by Buyer at Closing. (d) Portion of Total Purchase Price to be paid to $ 0.00 Seller by Buyer upon surrender of possession. Buyer hereby represents to Seller that this offer is not less than Buyer's estimate of market value. III. Conditions and Limitations (a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing. (b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Buyer. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. (c) Seller shall maintain the property described in Section I of this agreement in the same condition existing on the date of this agreement, except for reasonable wear and tear. (d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of closing must be authorized, in writing, by Buyer. (e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under threat of condemnation pursuant to Section 337.25 Florida Statutes. (f) Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising Permit Cancellation(s) Form(s), Form Number 575-070-12, executed by the outdoor advertising permit holder(s) for any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for, the outdoor advertising permit tag(s) prior to or upon receiving payment for the outdoor advertising structure(s). (g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by conveyance instrument(s) acceptable to Buyer. (h) Seller and Buyer agree that this purchase agreement represents the full and final agreement and no other agreements or representations, unless incorporated into this agreement, shall be binding on the parties. (i) Other: The property will be transferred to Orange County for Good Homes Road right of way. 575-030-07 RIGHT OF WAY OGC - 11/05 Page 3 of 3 IV. Closing Date The closing will occur no later than 60 days after Final Agency Acceptance. V. There are no handwritten or typewritten provisions inserted herein or attached hereto. VI. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this agreement as a binding real estate contract. It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer pursuant to Section 119.0711 (2), Florida Statutes. A closing shall not be conducted prior to 30 days from the date this agreement is signed by Seller and Buyer to allow public review of the transaction. Final agency acceptance shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement. Final Agency Acceptance shall be evidenced by the signature of Buyer's representative in Section VII of this agreement. Seller(s) Buyer State of Florida Department of Transportation r.i ty of Oropp (spp at.taC'npo si gnature Signature page) Date BY: Type or Print Name under signature Signature Date Signature Date Michael D. Dollery Type or Print Name FOOT Right of Way Agent Type or Print Name under signature VII. FINAL AGENCY ACCEPTANCE The Buyer has granted final agency acceptance this _ day of BY: Signature Date Type or Print Name and Title under signature This document delivered by ~.~ 8- 20-01 Date This document received by Date ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM this _ day of , 2007 FOLEY & LARDNER, LLP By: City Attorney APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2007. UNDER AGENDA ITEM NO.