HomeMy WebLinkAboutItem VI (A) - Status Report: Clarke Road - PEC and City AttorneyAGENDA 5-07-91
Item VI A
FOLY & LARDNER
I I 1 NORA ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
MEMORANDUM May 1, 1991 CHICAGO, ILLINOIS
TO The Honorable Mayor and City Commission of the
City of Ocoee
FROM : Paul E. Rosenthal, Esq., City Attorney
RE Status Report: Clark Road Right of Way Acquisition
This memorandum is to provide you with an updated Status Re-
port regarding the right-of-way acquisitions for Clark Road.
While the majority of the right-of-way and easements have
been acquired and conveyed to the City, there are still
significant acquisitions to be accomplished. These remain-
ing acquisitions will likely be both expensive and complex.
Over the next two (2) months, we will be in active negotia-
tions to acquire the remaining rights-of-way and easements
necessary for the Clark Road Project.
The City began the acquisition process with a Right -of -Way
Alignment prepared by Professional Engineering Consultants.
Based upon this alignment, title searches were obtained and
ownership interests identified. Legal descriptions were
then prepared based upon the various ownership interests.
Our initial efforts were directed towards acquiring a 100
foot right-of-way and 20 foot Temporary Construction Ease-
ments on each side thereof. This effort was undertaken
with the recognition that the final design would likely
identify additional acquisition requirements. As anticipated,
the final design has resulted in the identification of addi-
tional requirements for rights-of-way, retention ponds, Per-
manent Drainage and Utility Easements and Temporary Construc-
tion and Drainage Easements.
Our initial acquisition efforts focused on obtaining dona-
tions of the needed right-of-way from those property owners
currently located within the corporate limits of the City
and those property owners interested in annexing into the
City. These efforts culminated in the Developer Agreements
approved by the City Commission in August 1990. As a general
statement, the various Developer Agreements called for the
donation to the City of the majority of the right-of-way
and easement requirements for Clark Road. As a result, the
City recognized a substantial monetary savings in the right-
of-way acquisition costs originally estimated for Clark Road.
The Honorable Mayor and City
Commission of the City of Ocoee
Status Report: Clark Road Right -
of -Way Acquisition
Page Two May 1, 1991
All rights-of-way and easements called for under the various
Developer Agreements have now been conveyed to the City by
recorded instruments. While we had hoped that we would not
need to approach any of these property owners for additional
roadway requirements, the final design of Clark Road has
caused us to go back to several of the property owners for
additional conveyances. These additional requirements are
set forth more fully in the detailed summary attached to
this memorandum.
As indicated above, the final design of Clark Road has iden-
tified additional interests to be acquired by the City. Mid-
way through the design process, it was determined that
"special drainage ditches" would need to be constructed on
a significant number of parcels in order to address certain
drainage issues. These ditches are intended to be temporary
and would be incorporated into a property owners on-site re-
tention system at the time of development. However, the
process of identifying the special ditches caused the City
to reopen discussions with several property owners and to
defer completion of the appraisals pending delivery of the
final construction plans.
Retention ponds have been the other subject which has expand-
ed the acquisition program for Clark Road. Retention pond
issues have arisen along each segment of the right-of-way.
Between State Road 50 and White Road, it was determined that
significant economic savings could be realized by eliminating
the exfiltration system and obtaining additional lands for
construction of a retention pond. Between White Road and
Silver Star Road, we have been working on issues relating to
the sizing of the retention pond to be located on property
conveyed to the City by Whitehill, Ltd. Between Silver Star
Road and A.D. Mims Road, we have been working with the De-
veloper of the Spring Lake Subdivision to incorporate the
Clark Road retention ponds into the retention ponds for this
subdivision. The completion of the final design of the Pro-
ject now places us in a position to conclude these discussions.
We are optimistic that all of the necessary retention ponds
will be donated to the City resulting in significant economic
savings. However, these discussions have been sensitive and
The Honorable Mayor and City
Commission of the City of Ocoee
Status Report: Clark Road Right -
of -Way Acquisition
Page Three May 1, 1991
have been pursued with the objective of again creating a
win-win situation for both the City and the affected
property owners.
There are several parcels located between White Road and
Silver Star Road which are owned by persons whose parent
tracts are located in unincorporated Orange County and
who were not interested in annexing into the City. With
two (2) exceptions (Champion Broadcasting and the Methodist
Church), we were unsuccessful in persuading these property
owners to donate the required right-of-way. As a result,
the firm of Pinel & Carpenter was retained in December 1990
to prepare appraisals on these parcels. We originally an-
ticipated receiving the appraisals in late January and con-
cluding negotiations in late March 1991. However, this
process has been delayed due to issues which arose in con-
nection with the final design of the Project. Essentially,
we needed to assure that we did not initiate any condemna-
tion actions until there was 100% certainty that all right-
of-way and easement requirements had been properly identi-
fied. The final design has identified additional require-
ments for right-of-way, drainage easements and construction
easements. We have recently finalized the legal descriptions
for these additional interests based upon the final design.
As a result, we now anticipate receiving the appraisals on
or about May 20, 1991. Negotiations with the affected
property owners should take place in June 1991. It may be
necessary to acquire some of these parcels by condemnation
proceedings and recommendations regarding any such proceed-
ings would be presented to the City Commission in July.
The process of acquiring the necessary real estate interest
for the Clark Road Project has been a dynamic one involving
active coordination between the City Engineer, the City
Attorney, the three (3) roadway design firms and Profession-
al Engineering Consultants. I feel confident that we have
now identified all of the right-of-way requirements and that
we will not encounter any surprises during the course of
construction. However, significant work remains as we pro-
ceed to acquire the remaining right-of-way and easements.
Attached hereto is a more detailed summary regarding the
status of each individual parcel. If you require any
The Honorable Mayor and City
Commission of the City of Ocoee
Status Report: Clark Road Right -
of -Way Acquisition
Page Four
May 1, 1991
additional information, please let me know.
cli
Paul E. Rosenthal
per/etb
enc,
Carbon copy with enclosure to:
Mr. Ellis Shapiro, City Manager
Mr. James W. Shira, City Enqineer
Mr. Robert L. Campbell
STATUS REPORT
CLARK ROAD RIGHT -OF -SPAY ACQUISITION
MAY 1, 1991
(1) Parcel No. 101 (Ozanian): A Developer Agreement
has been fully executed and recorded. Pursuant thereto, the Owner
conveyed the required right-of-way and easements to the City. In
connection with the final design, it was determined that the City
would need (i) additional right-of-way at the northeast corner of
Clark Road for a traffic signal pole, (ii) a permanent storm
drainage easement, (iii) a permanent utility easement along State
Road 50 for a sewer force main, and (iv) a temporary drainage
easement along the eastern portion of the Property. The City has
requested that the Property Owner donate these additional
interests. At this time, the City has not received a response.
A meeting is scheduled to discuss this matter further.
(2) Parcels Nos. 102 and 103 (Worsham): A Developer
Agreement has been fully executed and recorded. Pursuant thereto,
the Owner conveyed to the City all right-of-way and easements
called for thereunder. In connection with the final design, it
was determined that a temporary drainage easement would be needed
on both sides of the Property. Additionally, a permanent drainage
and access easement along the northern boundary of the Property
will be required in connection with the construction of a retention
pond which will replace the exfiltration system. Negotiations
with the Owner are continuing.
(3) Parcel Nos. 104, 105, 106 and 111 (Lake Lotta):
The right-of-way and easements through the Lake Lotta Property
called for in the Amendment to the Developer Agreement have been
delivered to the City and recorded. In connection with the final
design, it was determined that the City required (i) additional
right-of-way for culvert boxes, and (ii) temporary drainage
easements along the entire roadway. Lake Lotta agreed to donate
the additional right-of-way and temporary drainage easement.
These conveyances have been completed and recorded. No further
action is required involving the Lake Lotta Property.
(4) Parcel No. 107 (Florida Power): The City originally
identified the right-of-way and a temporary easement to be acquired
from Florida Power. In connection with the final design, it was
determined that the City would need additional right-of-way for a
culvert box and a permanent drainage easement. The specific
requirements have recently been finalized and forwarded to the
appraiser. We anticipate commencing negotiations with Florida
Power in mid-June.
(5) Parcel No. 108 (Orange County): Originally, the
City identified the right-of-way and a temporary construction
easement to be acquired from Orange County. An appraisal was
obtained by Orange County and they indicated their willingness to
convey these interests for the appraised value. In the course of
the final design, it was determined that a permanent drainage
easment was also required from the Orange County site. This
specific acquisition has been complicated due to a county water
line within the existing Clark Road and the location of a retention
pond on the Orange County Property in close proximity to the
proposed drainage easement. We are in the process of resolving
the engineering issues related to this acquisition. The City
will need to enter into two agreements with Orange County. The
first will be for the purchase of the right-of-way, permanent
drainage easement, and temporary construction easement. The
second will be for the replacement of the existing Orange County
water line.
(6) Parcel No. 109 (Methodist Church): The City needs
to acquire the right-of-way and a temporary construction easement
from the Methodist Church. They have verbally agreed to donate
this right-of-way based upon the agreement of the City to
incorporate in the design, at the Church's expense, certain
improvements which would allow for the future development of the
Church property. We have now finalized the various items affecting
the Methodist Church Property and will be forwarding to them a
draft developer agreement.
(7) Parcel Nos. 110, 115 and 116 (Whitehill): All of
the necessary right-of-way, easements and retention ponds have
been conveyed by Whitehill and recorded. Subsequent to these
conveyances, the City was required to pay ad valorem taxes on the
retention pond in order to avoid the issuance of a tax certificate.
In the event we are unsuccessful in collecting these taxes from
Whitehill, we will subsequently be recommending the initiation of
a collection action. Additionally, we have recently been
addressing issues related to the construction of the Whitehill
retention pond and are currently negotiating with Whitehill
regarding the permitting and construction of the retention pond
so as to initially serve both Clark Road and the Whitehill Property.
(8) Parcel Nos. 112, 113, 114 and 114A (Mulvey): The
right-of-way and easement requirements in connection with the
Mulvey Property have recently been finalized and the information
delivered to the appraiser. The final design disclosed the need
for additional right-of-way and a temporary construction easement
along White Road. We are awaiting the appraisal of this Property
- 2 -
and anticipate negotiations with the Property Owner in mid-June.
It may be necessary to institute condemnation proceedings with
respect to this parcel.
(9) Parcel No. 117. (Goerlina): The right-of-way and
easement requirements for this parcel have recently been finalized
and forwarded to the appraiser. The final design disclosed that
the temporary construction easement would be located approximately
16 feet from the front of the Goerling residence. As a result,
it is necessary to obtain a severance study. This is currently
underway and we anticipate receipt of this appraisal in early
June with negotiations to follow promptly thereafter.
(10) Parcel No. 118 (Bennett): The legal descriptions
and right-of-way requirements have recently been finalized. In
the course of the design, additional right-of-way requirements
for a culvert box and for a permanent drainage easement were
identified. This information has been forwarded to the appraiser
and we are awaiting receipt of the appraisal. It may be necessary
to institute condemnation proceedings with respect to this parcel.
(11) Parcel No. 119 (Borysiewicz): The right-of-way and
easement requirements for this parcel have recently been finalized.
The final.design indicated the need for additional right-of-way
for two culvert boxes and a permanent drainage easement. This
information has been delivered to the appraiser and we are awaiting
receipt of the appraisal. It may be necessary to institute
condemnation proceedings with respect to this parcel.
(12) Parcel No. 120 (Pease): The right-of-way and
easement requirements for this parcel have recently been finalized.
Based upon the final design, it was determined that the right-of-
way requirements included a corner clip at Silver Star Road and a
culvert box location. Additionally, the need for both a permanent
drainage easement and a temporary construction easement were
identified. This information has been forwarded to the appraiser
and we are awaiting receipt of the appraisal. It may be necessary
to institute condemnation proceedings with respect to this parcel.
(13) Parcel No. 121 (Lake Olympia Club): Originally, we
did not anticipate any right-of-way needs with respect to this
parcel. However, the final design has indicated the need for two
corner clips at the intersection of Adriatic Drive and Clark Road
and a temporary construction easement along Adriatic Drive in
order to remove the existing cul-de-sac. We plan to pursue a
donation of these additional interests from the Property Owner.
- 3 -
(14) Parcel No. 122 (Champion Broadcasting): The
Developer Agreement has been executed and the right-of-way and
temporary construction easement has been conveyed to the City
pursuant thereto. Additionally, a radial easement has been
executed by the City and Champion Broadcasting and has been
transmitted to Orange County for approval. No additional right-
of-way requirements affect this parcel.
(15) Parcel No. 123 (Geys): A Developer Agreement was
executed in connection with this parcel and the required right-
of-way and easements conveyed to the City pursuant thereto. The
final design for the roadway reveals the need for a 20 foot
temporary construction easement along an existing easement for
the installation of an emergency pop-off pipe. We are currently
pursuing a donation of this easement from the Property Owner.
(16) Parcel No. 124 (Zom/Silver Glen): A Development
Agreement was executed and the right-of-way and easements conveyed
to the City pursuant thereto. The final design has raised an
issue regarding the water run-off. This matter is currently
being evaluated and a meeting with the Property Owner is antici-
pated. At this point, we do not anticipate that this issue will
result in any additional right-of-way or easement requirements.
However, it is possible that an additional agreement will need to
be entered into with the Property Owner.
(17) Parcel Nos. 125 and 126 (Brookshire/Silver Glen): A
Development Agreement was executed and the right-of-way and
easements conveyed to the City pursuant thereto. The final design
of the Project has raised an issue regarding the water run-off.
This matter is currently being evaluated and a meeting with the
Property Owner is anticipated. At this point, we do not anticipate
that this issue will result in any additional right-of-way or
easement requirements. However, it is possible that an additional
agreement will need to be entered into with the Property Owner.
(18) Parcel No. 127 (Silver Ark): This parcel is subject
to the Davis Developer Agreement. The City has been pursuing
discussions with Silver Ark regarding the conveyance of required
right-of-way and temporary construction easements not included in
the Davis Developer Agreement. Issues regarding access to existing
homes on the Property have also been addressed. An agreement in
principal has been reached with the Property Owner providing for
the donation of the required right-of-way and easements. We are
currently in the process of finalizing this Developer Agreement.
- 4 -
(19) Parcel No. 127A (Davis): This parcel is subject to
the Davis Developer Agreement. We have met with the Property
Owner regarding the donation of certain additional right-of-way
and easements which are beyond those required to be conveyed under
the terms of the Davis Developer Agreement. We anticipate a
voluntary conveyance of this additional right-of-way. However,
it may become necessary to obtain an appraisal on the portion of
the right-of-way not required to be conveyed to the City under
the terms of the Davis Developer Agreement.
(20) Parcel No. 128 (Waterside/Candlewood Shores): All
of the right-of-way and easements have been conveyed to the City.
Additionally, the parks/retention pond site has been conveyed to
the City. No additional action is necessary.
(21) Parcel Nos. 129, 129A. 130 and 136 (Spring Lake): A
Developer Agreement was executed with the Property Owner and all
right-of-way and easements required thereunder have been conveyed
to the City. Subsequent to the execution of the Developer
Agreement and in connection with the final design, it was
determined that there were additional right-of-way and easement
requirements. These requirements include (i) retention pond
sites, (ii) a culvert box location, (iii) a temporary access
easement with respect to the retention pond sites, (iv) a permanent
drainage easement for inflow pipes to the retention ponds, (v)
right-of-way dedications along A.D. Mims Road, and (vi) a temporary
construction easement adjacent to the A.D. Mims right-of-way. We
are in the process of finalizing the legal descriptions with
respect to these additional acquistion needs and will then
approach the Property Owner. The Property Owner has agreed to
donate the retention ponds to the City in an arrangement similar
to that agreed upon with Whitehill whereby the City constructs
and maintains the ponds. Other issues have not yet been discussed
with the Property Owner.
FLOPPY/5182DDD(2)
01(05/01/91)
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ORIGINAL REVISED
TASK TARGET TARGET
DATE DATE
11
Section "C" Plans 100% Complete
05/01/91 05/01/91
21
Section "B" Plans 100% Complete
05/01/91 05/01/91
3
Permit Submittal to SJRWMD
05/06/91
4
Section B & C Plans to Appraiser No Appraisals in Section A
05/10/91
5
City Receives Appraisal Reports
05/20/91
6
Section "A" Plans 100% Complete
05/01/91 05/29/91
7
Receive Environmental Assessment Report
06/03/91
8
Contract Documents to City's Attorney & Engineer
06/03/91
9
Submit RAI Response to SJRWMD
06/15/91
10
Contract Review Comments to PEC
06/17/91
11
Contract Documents 100% Complete
07/01/91
12
Submit County, DOT & DER Utility Permits
07/01/91
131
Newspaper Advertisement Sunda
07/07/91
141
Florida Administrative Weekly Advertisement
07/08/91
15
Condemnation Authorization
07/16/91
16
SJRWMD "Permit Submission Com lete" Letter Received
07/17/91
17
Newspaper Advertisement (Thursday)
07/18/91
18
File Condemnation Actions
07/22/91
v
20
Title Acquired by Quick—Take / Negotiation
09/16/91
21
PEC Recommends Bid Award to City
09/18/91
22
Acienda Item to City Clerk Re: Bid Award
09/25/91
O ..TA
9RIZATION
18f 19123NRACT1A;
,O
24
Notice of Award to Contractor
10/04/91
25
Executed Contracts Returned by Contractor
10/14/91
26
SJRWMD October Board Meeting — Permit Approval
10/15/91
27
Contracts to Attorney for Review
10/16/91
28
Contracts Returned for Mayor's Signature
10/22/91
29
Pre—Construction Conference
10/28/91
30
Notice to Proceed
10/28/91
31tOUN#
RR A�CtVG CEIE;Mi�Nf Enda
11/ 119 .
32
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ST�JNSTUGTN
1'J91 >
11J191',
33
ENI; CTRUGTtN/092
t1
12/Q1/J2
CLARK ROAD CONSTRUCTION SCHEDULE
as of ThtlM iev LA -0 1991
Taak ...:... Task 9 ...
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Date7:>
1 Section 'C' Plans and Calcs 100 Percent Com eta 05-01-91 04-29-91
2 I Section 'B' Plans and Calcs 100 Percent Complete 05-01-91
3 10 17 24 31
; 07 14
21 28
X26
: 02 09 16 23 30
06 13 20 27
04 11 18 25
101 108 122
31 Permit Submittal to St. Johns River W.M.D. 05-06-91 1
iz s3
4 Presentation to City Commissioners at 7:30 pm 05-07-91
51Submit Section 'B' and *C* Plans to Appraiser 05-10-91
6 City Receives Final Appraisals for Sections 'B' and 'C' 05-20-91
i 7 !Section 'A' Plans and Calcs 100 Percent Com late 05-29-91
8 Contract Documents to City's Engineer and Attorney 06-03-91 i
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9 Receive Environmental Assessment Report 106-03-91 I
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10 Submit RAI Res onse to St. Johns River W.M.D. 06-15-91 1j
j 11 Contract Review Comments to PEC 106-17-91
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I 12 Finalize Engineer's Cost Estimate 106-18-91�_
13 Contract Documents 100 Percent Complete 07-01-91
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I 14 Submit DER, FDOT, and County Utility Permits 07-01-91I
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151 Local Newspaper Advertisement Sunda 07-07-91
16 Florida Administrative Weekly Advertisement 07-08-91
17 City Commission Approves Condemnation Actions 07-16-91
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1 18 SIRWMD'Pennit Submission 100 Percent Complete' 107-17-91
19 1 Local Newspaper Advertisement(Thursday) 107-18-91 1
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20 File Condemnation Actions, If Required 07-22-91
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21 BID OPENING 08-30-91
I 22 Title A uired by Quick-Take/Negotiation 09-16-91
I 23 PEC Recommends Bid Award to City 09-18-91
24 I City En ineer submits Agenda Packet to City Clerk 09-25-91
I
25 1 CONTRACT AWARD AND AUTHORIZATION 10-01-91
26 1 Notice of Award to Contractor 10-04-91
27 1 Executed Contracts Retumed by Contractor 110-14-91
i 28 SJRWMD October Board Meeting 110-15-91
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I 29 Submit Contracts to City Attorney for Review 10-16-91 1
30 Contracts Returned for Mayor's Signature 10-22-91
31 Pre -Construction Conference 10-28-91 I
32 Not to Proceed 110-28-91
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33 Ground Breaking Ceremony 11-01-91
34 START CONSTRUCTION 11-01-91 !
I 35 END CONSTRUCTION 13 Months 12-01-92 1------'---
D
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CLARK ROAD
PREL/M/NARY PLAN AND PROF/LE
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