HomeMy WebLinkAboutItem #09 Accept the Transfer of a Parcel of Land from LSREF2 Baron, LLC to the City of Ocoee to be Used for a Sanitary Sewer Lift Station Site14rWaN 'J
()COPP
florida
AGENDA ITEM COVER SHEET
Meeting Date: August 5, 2014
Item # 9
Contact Name:
Contact Number:
David A. Wheeler, P.E.
Reviewed By
Department Director:
City Manager:
(407) 905 -3100, ext. 1504
Subject: Accept the Transfer of a Parcel of Land from LSREF2 Baron, LUC (5'ty of Ocoee
to be Used for a Sanitary Se wer Lift Station Site (District 3 — Commissioner Rusty Johnson)
Background Summary:
The City is finalizing its design for the relocation of portions it potable water and sanitary sewer systems within
the SR 50 right -of -way as part of the Florida Department of Transportation's (FDOT) widening of SR 50 through
the City limits of Ocoee. The old gravity sanitary sewer collection pipeline is part of that relocation effort. This
pipeline runs from the Consumers /Economic Courts area on the western end of SR 50 to the Bluford Avenue
area and then north within the old Richmond Avenue right -of -way. The pipeline is old and fairly deep and has
been a maintenance concern for many years. The old pipeline needs to be relocated because FDOT plans to
install its new stormwater collection piping in this location.
As part of the City's design effort, a new lift station is proposed at the south end of the Consumer's Court right -
of -way and on property owned by LSREF2 Baron, LLC. City staff approached the property owners about
locating the lift station on their property with the ability to serve their property in the future. The property is
currently undeveloped and will need sanitary sewer service when it is to be developed. LSREF2 Baron, LLC
opted to give the parcel of land to the City for a lift station that could also serve their property, as opposed to
City proceeding through the condemnation process.
The attached aerial photograph shows the location of the parcel. The attached copy of the Special Warranty
Deed is the legal document for the transfer of that parcel. City legal staff has been involved in the process and
reviewed the Special Warranty Deed.
Issue
Should the City Accept and Approve the transfer of a parcel of land to the City to be used for a sanitary sewer
lift station?
Recommendations
The Engineering and Utilities Departments recommend that the City Commission accept and approve the
transfer of a parcel of land from LSREF2 Baron, LLC.
Attachments:
1) Aerial Photograph showing the parcel of land.
2) Special Warranty Deed
Financial Impact:
There is no financial impact to the City in accepting this parcel of land.
Type of Item: (please mark with an z')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
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. zt# N/A
Reviewed by Q N/A
2
0 Feet
0 15 30 60
NEW SR 50 LIFT STATION SITE
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Scott A. Cookson, Esq.
Shuffield, Lowman & Wilson, P.A.
1000 Legion Place, Suite 1700
Post Office Box 1010
Orlando, FL 32801 -1010
(407) 581 -9800
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905 -3100
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this day of ,
2014 by LSREF2 BARON, LLC, a Delaware limited liability company, whose address is 2711
N. Haskell Avenue, Suite 1700, Dallas, Texas 75204, hereinafter referred to as "Grantor," in
favor of THE CITY OF OCOEE, FLORIDA, a municipal corporation duly created and
existing under and by virtue of the laws of the State of Florida, whose address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as the "City."
(Wherever used herein the terms "Grantor" and "City" shall include all the
parties to this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations, partnerships
(including joint ventures), public bodies and quasi- public bodies.)
WITNESSETH:
That the Grantor, for and in consideration of the sum of $10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the City, all that certain land situate in
Orange County, Florida, viz:
See Exhibit "A" attached hereto and by this reference made a part
hereof (the "Property ").
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever, subject to (i) taxes
and assessments for the year 2014 and subsequent years, not yet due and payable and all matters
of record affecting the Property but only to the extent that the same are applicable to and validly
exist with respect to the Property; and (ii) any and all matters which would be disclosed by a
current, accurate survey.
The Grantor hereby covenants with the City that the Grantor is lawfully seized of
the Property in fee simple; that the Grantor has good, right and lawful authority to sell and
convey the Property; and that the Grantor hereby warrants the title to the Property and will
defend the same against the lawful claims of all persons claiming by, through or under the
Grantor, but not otherwise.
[Signature on following page]
-2-
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its
name the day and year first above written.
SIGNED, SEALED AND DELIVERED GRANTOR:
IN THE PRESENCE OF: LSREF2 BARON, LLC
Print Name:
Print Name:
Print Name: Marisa K. McGaughey
Its: Assistant Vice President
STATE OF TEXAS
COUNTY OF DALLAS
Before me the undersigned, a Notary Public in and for said County and State, on this day
personally appeared Marisa K. McGaughey, the Assistant Vice President of LSREF2 BARON,
LLC, a Delaware limited liability company, known to me to be the person whose name is
subscribed to the foregoing instrument, and thereupon she acknowledged that she was authorized
to execute the within instrument on behalf of said limited liability company, and that she
executed said instrument as the voluntary act of the said limited liability company, and for the
purposes and consideration expressed therein and in the capacity stated therein.
Given under my hand and seal of office this day of , A.D., 2014.
(SEAL)
Notary Public
Signature of Notary
My Commission Expires:
Accepted and Approved by the City of Ocoee City Commission on 2014 under
agenda item #
-3-
EXHIBIT "A"
(The "Property")
A parcel of land being a portion of those lands described in Official Records Book 10508 at Page
3831 of the Public Records of Orange County, Florida, being more particularly described as
follows:
Beginning at the Northeast corner of Tract A, Griffin Center — Phase 1 according to the plat
thereof recorded in Plat Book 32, Page 60 of the Public Records of Orange County, Florida, also
being the Southeast corner of Lot 2, thence run along the East line of said Tract A, South
009 9'l 7" West a distance of 13.06 feet to the Point of Curvature of a curve concave to the East;
thence along the are of said curve with a radius of 130.00 feet, a central angle of 08 °22'42" and a
chord bearing South 03 °52'04" East, a distance of 19.01 feet to the Southeast corner of Tract A;
thence along the extension of the arc of said curve with a radius 130.00 feet, a central angle of
12 °47'17" and a chord bearing South 14 °27'03" East, a distance of 29.02 feet; thence North
89 °40'43" West, a distance of 58.77 feet; thence North 00 °19'17" East, a distance of 68.73 feet
to the North line of said Tract A, also being the South line of said Lot 2; thence South 79 °46'27"
East along said North line, a distance of 50.76 feet to the Point of Beginning.
M