HomeMy WebLinkAboutItem #09 Approval of Memorandum of Understanding and Revision to the Perpetual Easement for the Purposes of Incorporating a City Retention Pond into a Future Retention Pond for the FDOT's SR 50 Widening Project�)C�)�'
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 7, 2014
Contact Name:
Contact Number:
Item #
X ;
Reviewed By
David A. Wheeler, P.E. Department Director: &A" 1 , 4 0 ZI� 10
407 - 905 -3100, ext. 9 -1504
City Manager:
Subject: Memorandum of Understanding and Revision to the Perpetual Easement for the
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) has finalized 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 tract 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. Both ponds would be
located within Bluford Avenue and Ocoee Commerce Parkway. 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.
The Memorandum of Understanding was developed as the conceptual plan for the combining of the
two ponds by FDOT and the development of the park around the final pond by the City. It was
determined that hydraulically the two ponds could be combined under FDOT's Water Management
District permit and the additional design was completed by FDOT's consultant. The City has
contracted with AECOM to prepare conceptual plans for the park to go around the pond and that work
is approximately 50 percent complete. It is intended to include the grading, short retaining walls, and
42 inch high decorative fence in the FDOT bid package. FDOT will also include pay items for a
standard 6 foot fence and removal /usage of the dirt between the ponds. FDOT will credit the City
monies that FDOT would have paid for the 6 foot fence and removal /usage of the dirt to be used to
pay for the short retaining walls and 42 inch decorative fence. If additional money is required to make
up the difference, that money would come from the City. Any final grading, landscaping, irrigation,
site lighting, fountain, exercise stations, etc. would be designed by and paid for by the City in the
future, once the pond has been turned over to the City.
Additionally, at the April 15, 2014, regularly scheduled City Commission meeting, the City
Commission granted FDOT a perpetual easement over the small dry retention pond on South Bluford
Avenue for the purposes of constructing one large pond and set forth the maintenance responsibilities
for the pond to be with the City and authorized the Mayor and City Clerk to execute the Perpetual
Easement Agreement. The Agreement was developed by FDOT and reviewed by the City prior to the
presentation to the City Commission for consideration and approval. FDOT has now determined that
they sent us an incorrect version of that Perpetual Easement agreement and is requiring the City
Commission to approve the modified version of that agreement. The attached version of the
agreement is the previously approved agreement with the section to be removed highlighted. A
corrected copy has been provided to the City Clerk for execution upon City Commission action.
Issue:
Should the City of Ocoee approve the Memorandum of Understanding for the combined retention
pond on South Bluford Avenue with FDOT for the purpose of constructing one large retention pond
and approve the modified Perpertual Easement between FDOT and the City?
Recommendations:
The Engineering Department recommends that the City Commission approve the Memorandum of
Understanding for the combined retention pond on South Bluford Avenue with FDOT for the purpose
of constructing one large retention pond and approve the modified Perpertual Easement between
FDOT and the City and authorize the Mayor and City Clerk to execute the Memorandum of
Understanding and the modified Perpetual Easement.
Attachments:
1) Aerial Photograph
2) Memorandum of Understanding
3) Perpetual Easement
Financial Impact:
There is no financial impact to the City, at this time, in approving the Memorandum of Understanding and the
modified Perpetual Easement with FDOT. If additional funds are needed for the walls and fence, staff will
come back to the City Commission for funding at that time.
Type of Item: (please mark with an "x')
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 () N/A
MEMORANDUM OF UNDERSTANDING
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
And
CITY OF OCOEE, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
WHEREAS, it is the policy of the State of Florida, Department of Transportation (the "FDOT ")
and of the City of Ocoee, a political subdivision of the State of Florida (the "City') to cooperate with
each other in order to maximize the use and allocation of the monetary resources each are entrusted
with; and
WHEREAS, FDOT currently has an ongoing project to improve various segments of State Road
50, some of which are located within the boundaries of the City of Ocoee and one such project is known
as FP # 239535 -3; and
WHEREAS, FDOT and the City have agreed in principle to address several specific areas of
interaction concerning the project in certain ways, some of which will require FDOT and the City to rely
on the other party to undertake and to complete a specific aspect of the project; and
WHEREAS, FDOT has previously acquired property commonly described as Pond 2 near Ocoee
Commerce Parkway and South Bluford Avenue, upon which a water retention area will be constructed
(the "FDOT WRA ") that will provide storm water drainage for SR 50.; and
WHEREAS, the CITY has a small water retention area near the location of Pond 2 (the "City
WRA "); and
WHEREAS, the CITY desires to combine the City WRA with the FDOT WRA to create a single
water retention area (the Joint WRA ") in order to provide additional capacity and in order to unify the
properties to enhance their configuration and to provide for use of a portion of the property as a city
park; and
WHEREAS, the CITY desires to obtain control of the Joint WRA for use as a city park; and
WHEREAS, both FDOT and the City desire to memorialize the conditional and unconditional
commitments each has made so as to enable the other party to rely on the other in this Memorandum
of Understanding (the "MOU")
Page 1 of 4
NOW THEREFORE, in consideration of the foregoing and on the basis of establishing the
expectations of and the obligations of each party hereto, the parties agree as follows:
1. This MOU establishes the expectations and general obligations of each party and it further
anticipates that separate agreements may need to be entered into to put into effect the desires of the
parties.
2. It is generally the intention of the parties to combine the MOT WRA with the City WRA if such is
determined by FDOT and the City to be feasible after analysis of drainage calculations and current
permit demands. If such is accomplished, FDOT will modify its construction plans to provide for the
Joint WRA and will construct same. After construction, the City agrees to fence the WRA and MOT
agrees to convey title of the MOT WRA to the City, reserving rights for FDOT's drainage needs over the
Joint WRA. The City agrees to maintain the Joint WRA in perpetuity. The City intends to use the property
in part as a city park.
3. If the parties decide that a Joint WRA will be constructed, the MOT will revise its construction
plans for the WRA to provide for the construction of a landscape wall around a portion or all of the Joint
WRA.
4. If the WRAs are combined into the Joint WRA, City agrees to allow MOT to retain all fill (dirt)
removed from the CITY WRA and surrounding berms.
5. Prior to construction of a Joint WRA, the CITY agrees to grant MOT a construction easement on
the land containing the CITY WRA for the purpose of constructing the Joint WRA.
6. Once construction of the Joint WRA is completed, and prior to the transfer of ownership of the
MOT WRA to the CITY, the CITY agrees to construct fencing completely encircling the Joint WRA. MOT
agrees to grant a temporary construction easement to the City to allow the City to construct the fence.
The City acknowledges that MOT will not be responsible for the fence construction around the Joint
WRA.
7. Once constructed and fenced, FDOT will convey the FDOT WRA to the CITY using a standard
MOT Quit Claim Deed. MOT will reserve unto itself a perpetual drainage easement over, under, on,
and through the Joint WRA along with rights to access, enter, and maintain the Joint WRA at the
expense of the CITY if the CITY fails to perform its obligations of maintenance.
8. Once ownership of the Joint WRA is conveyed to the City, the CITY shall be solely responsible, at
its sole cost, for the perpetual maintenance of the Joint WRA and the related water control /retention
Page 2 of 4
facilities (the "WRA Facilities ") constructed and existing on the property at the time of the conveyance
and such other modifications as are made in the future in order that the Facilities shall function to serve
the purposes for which they were constructed. Said maintenance shall include any and all activities
necessary to preserve and keep in good working order the water control and retention facilities
necessary to properly accept drainage coming to the property from FDOT as designed.
9. The Department will be responsible for constructing a retaining wall. The City will be
responsible for installing a decorative fence around the WRA.
10. This MOU shall be effective from the date of signature of the last party to sign and shall remain
in effect until the completion of the construction project and transfer of the Joint WRA to the City.
IN WITNESS WHEREOF, the CITY has executed this Agreement this day of
2014, and FDOT has executed this Agreement this day of
, 2014.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
i
Name:
Title: Director of Transportation Development
Legal Review:
Page 3 of 4
APPROVED:
ATTEST:
Beth Eikenberry, City Clerk
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
DATE:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
20__,
on this day of , 20_
SHUFFIELD, LOWMAN & WILSON P.A.
By:
Scott Cookson, City Attorney
UNDER AGENDA ITEM NO
Page 4 of 4
07 -P E 13 -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 1 , 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 forthe 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 °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 °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 0 07'04" a distance of 144.14 feet to the point of
tangency; thence South 89 °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 °25'28" West; thence from a tangent bearing of North
o „
05 27 39 West run northerly along the are 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 31'23'17" 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
CRESERVI NG 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 Iimitation3Grantor 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
FIB
S. Scott Vanderfrift, Mayor
UAO ADDRESS:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
59- 6019764
FEDERAL EMPLOYER I.D. NUMBER
ATTEST:
M
Beth Eikenberry, City Clerk
(SEAL)
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.
Mil
Scott Cookson, Esq., City Attorney
STATE OF FLORIDA
COUNTY OF
APPROVED BY CITY OF OCOEE
COMMISSION AT A MEETING HELD ON
UNDER AGENDA ITEM NO.
The foregoing instrument was acknowledged before me this _
, Mayor, who is personally
as identification.
day of , by
known to me or who has produced
PRINTITYPE NAME:
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
07 -PE13 -09/01
May 28, 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.
840.1 R
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 °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 13
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 3756" West a distance of 24.93 feet; thence North 47 °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 °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 °55'38" a
distance of 262.91 feet to the point of tangency; thence North 31'23'17" 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
Grantor reserves storm water drainage capacity in said lands to satisfy its currently
existing drainage on the property and water district permits issued on the property, if any. After
construction of the water retention facility by FDOT, the Grantor (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 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 R
SECTION 75050
F.P. NO. 2395353
PAGE 3
UAO: CITY OF OCOEE, FLORIDA
M
S. Scott Vanderfrift, Mayor
UAO ADDRESS:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
59- 6019764
FEDERAL EMPLOYER I.D. NUMBER
ATTEST:
BY:
Beth Eikenberry, City Clerk
(SEAL)
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.
5W
Scott Cookson, Esq., City Attorney
STATE OF FLORIDA
COUNTY OF
APPROVED BY CITY OF OCOEE
COMMISSION AT A MEETING HELD ON
UNDER AGENDA ITEM NO.
The foregoing instrument was a yodged who is personally known of
t 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: