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Home My WebLink AboutItem #06 Approval of City v. Lakendon, et al: Parcel 106 Groundtek Mediated Settlement Agreement : FOLEY AGENDA ITEM COVER SHEET Meeting Date: April 21, 2009 Item # l 0 Contact Name: Contact Number: Mary D. Solik, Assistant City Attorney 407 -244-3259 Reviewed By: Department Director: City Manager: Subject: City of Ocoee v. Lakendon, et a!.: Parcel 106 - Groundtek Mediated Settlement Agreement Approval Background Summary: Request for approval of mediated settlement agreement in case of City of Ocoee v. Lakendon, et &, Parcel 106, Groundtek. This case is an eminent domain action to acquire the ROW necessary to construct the Maguire Road Phase V project. Issue: Parcel 106 was mediated on March 27, 2009 and a settlement was reached subject to commission approval. Recommendations Approve Mediated Settlement Agreement. Attachments: Staff Report attached. Financial Impact: Approval of the Mediated Settlement Agreement will require the payment of $286,605.00 by the City. Type of Item: D Public Hearing D Ordinance First Reading D Ordinance First Reading D Resolution [8J Commission Approval D Discussion & Direction For Clerk's Deoi Use: D Consent Agenda D Public Hearing D Regular Agenda D Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) [gI N/A o N/A o N/A ~_1293936. 1 - -~ IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CITY Of OCOEE, Petitioner, Case No.: CA 11495 Parcel 106 v. LAKENDON, INC., Respondent. / MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 27th day of March, 2009, the parties reached the fo~lowing Settlement Agreement subject to the approval of the City of Ocoee Commission. 1. Petitioner will pay to Respondent, Groundtek of Central Florida, Inc. the sum of $160,000.00 in full settlement of all claims for compensation in this cause including statutory interest. 2. Petitioner will pay Respondent attorney's fees, expert's fees, costs and expenses in the amount of $226,000.00. 3. Counsel for Petitioner will submit to the Court for signature a mutually approved form of final judgment of this matter as soon as practical hereafter. 4. Petitioner is entitled to a credit in the amount of $99,395.00 for the deposit made on November 3, 2008. 5. Petitioner will deposit in the Court Registry the balance due of $286,605.00 within 30 days of the actual date of receipt by Petitioner's counsel a conformed copy of the aforesaid final judgment from the Court. 6. The Court will retain jurisdiction herein solely to enforce the terms of the final judgment. 7. Attached hereto is an addendum to this agreement:~ yes ____ no 8. AGREEMENTS {AND ANY ADDENDU D EVERY PART ~ IF ANY} CONTAIN{S} ALL OF THE EVERY AG"V ~. . Bori, President and Managing Member Groundtek of Central Florida, Inc., Gr undtek anufacturing, LLC G oundtek Truck & Equipment, Inc. ~w~ (iV Solik ey for ia G. Ziegler C;:o44 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT CITY OF OCOEE V. GROUNDTEK OF CENTRAL FLORIDA, INC. 1. The City of Ocoee will construct a 3D-foot driveway at the right of way line with flares at Driveway No.1 driveway centerline {Sta. 532+70.DO}. In the event that Driveway No. 1 is ever required to be closed, the property owner will be entitled to full compensation for the closing. 2. The City of Ocoee will widen Driveway No. 6 driveway centerline (Sta. 530+78.00}to the extent of the width of the existing access easement, which is ~quivalent to approximately 50 feet at the right-of-way line, with flares. 3. The City of Ocoee will not require more than a I5-foot landscape buffer on the Maguire Road frontage upon redevelopment of the site. This shall apply to Groundtek of Central Florida, Inc. and any future property owners. 4. City of Ocoee Ordinance 2006-14 is not triggered by the taking of Parcel 106 by ~he City of Ocoee. 5. Groundtek of Central Florida, Inc., will grant the City of Ocoee a right of entry onto the Groundtek property to remove the landscaping located within the area of take. ~~ r Petitioner, Mary Solik PARCEL #106 DESCRIPTION: A portion of a Parcel of land as described in Official Records Book 4868, Pages 1614 and 1615, in the Public Records Book of Orange County, Florida, being more particularly described os follows: Commencing at the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 19, Township 22 South, Range 28 East, Orange County, Florida thence along the South line of the Northeast 1/4 of the Southeast 1/4 of said Section 19, S88.50'48"W a distance of 181.50 feet to 0 point on the Northerly right-of-way of Maguire Rood, said point also being a point on a curve concave Southwesterly having 0 radius of 550.27 feet, a central angle of 15.12'25" and a chord bearing and distance of N6cr05'56"W, 145.62 feet; thence Northwesterly along said Northerly right-of-way and the arc of said curve 146.05 feet; thence continuing along said right-of-way and deporting said curve N6742'14"W, a distance of 411.59 feet to the POINT OF BEGINNING also being a point on the Southerly line of aforesaid Parcel; thence continuing along said right-of-way N6742'14"W, a distance of 242.76 feet to 0 point on the Northwestern most line of said Parcel; thence along said Northwestern line N5740'24"E, a distance of 21.10 feet; thence departing said Northwestern line S6716'21 E, 0 distance of 241.48 feet to a point on the Southerly line of said Parcel; thence along said Southerly line S5740'24"W, a distance of 18.87 feet to the POINT OF BEGINNING. Containing 3,955.74 square feet, more or less. SURVEYORS NOTES: 1. This 'Sketch of Description was performed without the benefit of an abstract, title opinion or title insurance. A title search may reveal additional information affecting the parcel os shown. 2. I hereby certify that this Sketch of Description of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards or Land Surveying ch. 61G17-6 requirements. Dimensions ore shown in feet and decimals thereof. 3. Not valid without the signature and raised seal of a Florida licensed surveyor and mapper. 4. Bearings shown hereon are based on the South line of the Northeast 1/4 of the Southeast 1/4 of Section 19, Township 22 South, Range 28 East, Orange County, Florida, being S88"SO'48"W. NOTICE OF UABIUTY: This survey is certified to those individuals shown on the face thereof. Any other use, benefit or reliance by any other party is strictly prohibited and restricted. Surveyor is responsible only to those certified and hereby disclaims any other liability and hereby restricts the rights of any other individual or firm to use this survey, without express written consent of the surveyor. Sketch Be Description FOR Date: c_.~..~n SOUTHEASTERN SURVEYING ac YAPPING CORP. 6500 All American Boulevard Orlando, Florida 32810-4350 (407)292-8580 fu( 407)292-0141 erne: . into4hou eas urve I.com June 22, 2005 DC Job No.: Scale: 45800079 Not ~ Sca~ City of Ocoee CH. 81C17-11. florida AdmlnJ.tratlve Code ,-.qui,.. that 0 I~I cleecrIpt/on drawln9 beor the notation that THIS IS NOT A SURVEY. SHEET 1 OF' 2 SEE SHEET 2 F'OR SKETCH NO. 4246 SKETCH OF DESCRIPTION PARCEL #106 ,.. NOT TO SCALE SOUTH UNE or NE 1/4 OF' SE 1/4 Of SECTION 19. TWP 22 S, RNG 28 E Drawing No. 45800079 Oate: 06/22/2005 DC Sheet 2 of 2 Se. Sheet. 1 for Description &: Surveyors Report . ABBREVIATIONS TWP .. TOWNSHIP RGE - RANGE R .. RADIUS ~ .. DELTA L .. l.E:NGTH CB .. CHORD BEARING CH - CHORD LENGTH R/W .. RIGHT-OF'-WAY ORB - OFFICIAL RECORD BOOK PC - POINT OF' CURVATURE PT - POINT OF' TANGENCY P /L .. PROPERTY LINE -t 01- LOT 2 ';::- ~ rs Z I-OlXl OCOEE COMIo4ERClAL PARK ~ i= N PB 26, 136 iE ~ w 0:: III ~ ~15~ LOT 1 ....w-t 0 o r.......iE ~I-.....=>> ~l5I-~ o::~N wrN ZSa.. 0::0- 811lV5 Z ~~~ wI-I- rl..L. 1-0 =>> o POINT OF III -.. SOUTHEASTERlf SURVEYDl'G c!c MAPPING CORP. 6500 All Amerioan Boulevard Orlando, Florida 32810-4350 (407)~92-8580 fax( 407)292-0141 emall: mfoesoutheuternsu.rveying.com , ,0 ,~ 1". tif]) ~';)1 ~ / ~ ~~~~ ~#~~~ ~~o~