HomeMy WebLinkAboutItem #04 Approval of Providing a Perpetual Easement for Purposes of Incorporating a City Retention Pond into a Future Retention Pond for the Florida Department of Transportation's SR 50 Widening Project( )(U('(�
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AGENDA ITEM COVER SHEET
Meeting Date: April 15, 2014
Item #
Reviewed By:
Contact Name: David A. Wheeler, P.E. Department Director: V
Contact Number: 407 - 905 -3100, ext. 9 -1504 City Manager:
Subject: Providing a Perpetual Easement purposes of incorporating a City retention pond into
a future retention pond for the Florida Department of Transportation's SR 50 Widening Project
(Districts 3 — Commissioner Johnson)
Background Summary:
The Florida Department of Transportation (FDOT) is in the process of finalizing their plans for the
widening of SR 50 to six travel lanes through Ocoee from the entrance to the West Oaks Mall to SR
429. The large undeveloped parcel in the Ocoee Commerce Center that abuts Bluford Avenue is to
be one of the retention ponds for that road widening project. City staff has been working with FDOT
and its consultant about joining the City's small dry pond into the larger FDOT pond. See attached
aerial photograph. The large undeveloped tract will be the FDOT's retention pond for the majority of
the SR 50 widening.
The small dry pond was constructed as part of the City's Old Winter Garden Road widening project
that has been completed for almost eight years. The pond is located within Ocoee jurisdictional right -
of -way and adjacent land. This right -of -way was originally Old Winter Garden Road before the City's
project to realign Old Winter Garden Road to replace Professional Parkway and run east/west
connecting to Maguire Road. See attached partial survey of pond area.
FDOT cannot perform construction activities on property that they do not neither own nor have an
easement over for the purposes of constructing the retention pond. The attached copy of the
Perpetual Easement provides that legal document allowing FDOT to enter upon the property and to
construct the retention pond in accordance with their project plans.
The intent at the end of their construction project is for FDOT to give the entire retention pond property
to the City, maintaining a drainage easement over the property. This will allow the City to construct its
linear park around the outside of the retention area of the pond with a decorative type fence, benches,
exercise stations, and landscaping. The pond could have a fountain, if the water depth allows. The
City will maintain the pond and linear park.
Issue:
Should the City of Ocoee grant a perpetual easement over the small dry retention pond on South Bluford
Avenue to the FDOT for the purpose of constructing one large retention pond?
Recommendations:
The Engineering Department recommends that the City Commission grant FDOT a perpetual
easement over the small dry retention pond on South Bluford Avenue for the purposes of constructing
one large pond and authorize the Mayor and City Clerk to execute the Perpetual Easement.
Attachments:
1) Aerial Photograph
2) Partial Survey of the area to have the easement
3) Perpetual Easement
Financial Impact:
There is no financial impact to the City in providing this Perpetual Easement to FDOT.
Type of Item: (please mark with an z')
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
XX Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by O N/A
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07 -PE13 -09/01
February 25, 2014
This instrument prepared by
MARIKA TREMBLAY
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720 -6834
PARCEL NO.
840.1R
SECTION
75050
F.P. NO.
2395353
STATE ROAD
50
COUNTY
ORANGE
PERPETUAL EASEMENT
THIS EASEMENT made this day of , by the CITY OF
OCOEE, a municipal corporation created by and existing under the laws of the State of Florida,
grantor(s), to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors
and assigns, grantee.
WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and
other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged,
hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose
of clearing, excavating, constructing, operating, and maintaining outfall and drainage ditches and
drains, with all such fills, cuts, drains, ditches and other incidents which the grantee may deem
necessary or convenient in connection therewith, in, over, under, upon and through the following
described land in Orange County, Florida, viz:
PARCEL 840 SECTION 75050
F.P. 239535 -3
A part of the existing right of way for Bluford Avenue lying in the northeast quarter of the northwest
quarter of Section 29, Township 22 South, Range 28 East, Orange County, Florida, being more
particularly described as follows:
Commence at a 1/2 -inch iron rod with cap stamped "MACINTOSH LB68" marking the
westernmost corner of Lot 12 of Ocoee Commerce Center according to the plat thereof as
recorded in Plat Book 30, pages 78 and 79 of the Public Records of Orange County, Florida, and
shown on Florida Department of Transportation Right of Way Map for State Road No. 50, Section
75050, Financial Project No. 239535 3, said point also being on the existing easterly right of way
line of Bluford Avenue (formerly known as Old Winter Garden Road); thence run South 43 0 28'57"
East along said existing easterly right of way line a distance of 94.28 feet for a POINT OF
BEGINNING; thence continue South 43 0 28'57" East along said existing easterly right of way line a
distance of 400.76 feet to the point of curvature of a curve concave northerly, having a radius of
25.00 feet, said point being on the existing westerly right of way line of Ocoee Commerce Parkway
PARCEL NO. 840.1
SECTION 75050
F.P. NO. 2395353
PAGE 2
according to said plat and shown on said Right of Way Map; thence departing said easterly right
of way line run easterly along the arc of said curve and along said westerly right of way line
through a central angle of 90 °00'11" a distance of 39.27 feet to the point of cusp with a curve
concave northwesterly having a radius of 191.53 feet; thence departing said curve and said
westerly right of way line from a tangent bearing of South 46 °30'52" West run southwesterly along
the arc of said curve through a central angle of 43 °07'04" a distance of 144.14 feet to the point of
tangency; thence South 89 0 37'56" West a distance of 24.93 feet; thence North 47 0 54'04" West a
distance of 41.95 feet to the beginning of a non - tangent curve concave westerly having a radius of
581.00 feet and a chord bearing of North 18 0 25'28" West; thence from a tangent bearing of North
05 0 27'39" West run northerly along the arc of said curve through a central angle of 25 0 55'38" a
distance of 262.91 feet to the point of tangency; thence North 31 West a distance of 80.83
feet to the POINT OF BEGINNING.
Containing 0.593 acres, more or less.
This legal description prepared under the direction of:
John J. Campbell, Jr.
Florida Registered Surveyor and Mapper No. 5522
Lochrane Engineering, Inc., LB 2856
201 South Bumby Avenue
Orlando, FL 32803
Date: January 28, 2014
RESERVING unto the Party of the First Part, the State of Florida, Department of Transportation, a
permanent, perpetual drainage easement in, over, under and through the property described in
Exhibit "A" for the storm water drainage needs of the State of Florida, Department of
Transportation associated with State Road 50, located in Orange County, Florida. Additionally,
and not by way of limitation, Grantor reserves storm water drainage capacity in said lands to
satisfy all capacity and permit conditions associated with any and all future improvement of State
Road 50 that may occur in the future. Grantee, the City of Ocoee, shall be perpetually and solely
responsible for the maintenance of the drainage system and property associated therewith. In the
event the City of Ocoee fails to repair, maintain, replace or reconstruct said drainage system or
any damage arising out of or associated with the use of the drainage system, the State of Florida,
Department of Transportation shall be entitled to perform the maintenance, repairs, replacement
or reconstruction of the drainage systems and water retention areas at the expense of the City of
Ocoee.
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its
name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above
written.
PARCEL NO. 840.1
SECTION 75050
F.P. NO. 2395353
PAGE 3
UAO: CITY OF OCOEE, FLORIDA
BY:
S. Scott Vanderfrift, Mayor
Beth Eikenberry, City Clerk
(SEAL)
59- 6019764
FEDERAL EMPLOYER I.D. NUMBER
ATTEST:
M
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA,
APPROVED AS TO FORM AND LEGALITY
this day of , _
SHUFFIELD LOWMAN & WILSON, P.A.
M
Scott Cookson, Esq., City Attorney
UAO ADDRESS:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
APPROVED BY CITY OF OCOEE
COMMISSION AT A MEETING HELD ON
UNDER AGENDA ITEM NO
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of by
Mayor, who is personally known to me or who has produced
as identification.
PRINT/TYPE NAME:
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any: