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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) - 5 - 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 .. 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 ... > - �121 Au u&:: >..: >: i y15 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 i I I I I I i I I 9 Receive Environmental Assessment Report 106-03-91 I ! I I ( I I I I I 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 I I I I I I 12 Finalize Engineer's Cost Estimate 106-18-91�_ 13 Contract Documents 100 Percent Complete 07-01-91 I I <; I I I I I I I 14 Submit DER, FDOT, and County Utility Permits 07-01-91I I I 1 I ?a 1 I I I I 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 I I I 1 , 1 18 SIRWMD'Pennit Submission 100 Percent Complete' 107-17-91 19 1 Local Newspaper Advertisement(Thursday) 107-18-91 1 11 I I I 1 I I j 1 20 File Condemnation Actions, If Required 07-22-91 I I I I > I I I I I I I I I 1 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 iI I I I ! I I I I I I I I I I I I 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 I I I I ( I I I II I I I 33 Ground Breaking Ceremony 11-01-91 34 START CONSTRUCTION 11-01-91 ! I 35 END CONSTRUCTION 13 Months 12-01-92 1------'--- D SPRING 3\ LAxE 3 � - I \ loo YEAR FL 000 y EL. l2/.O A 1 (LAND-LOCKEO) p 1 I D 1\ SPRING LAKE 0 —RETENTION POND NO 4 '\ REO UI RED VOLUME 4.24 AC -FT \ C 190 M j CANDLEWOOD SHORES I \ \SPRING LAKE PRAIRIE LAKE P.U.D. KE P.U.D. LAKE MEADOW LF PROPOSED BOLIN DEVELOPMENT A 17r: 180 190 [C O _ -_. _ - - - .2210 _ _ ..... _ _. _. i 230 PROFESSIONAL ENGINEERING CONSULTANTS. INC. PE • , � •• . Su•te �5F[I M. nr Pp.k Pf,— I F•.r .i. r« r•+i FInr�E. 7?601 Jul +2% r3t>r•: LAKE SIMS SCALE /" 400' CLARK ROAD PRELIMINARY PLAN ANG PROFILE It 140 1 130 '- 12C IDG ! 90 { 80 7c /00 -YEAR F400P EL. 97.0 LAKE RETENTION POND NO. / REQUIRED VOLUME 1.98 AC -FT MARILYN ETAL JOHN H. OZANIAN WORSHAM , JR. I CLARA BELLE WORSHAM LAKE OL YMP/A / /00 -YEAR FL O00 PRE -DEVELOPMENT DRAINAGE \ DRAINAGE DIVIDE LAKE OLYMF LAKE LOTTA LT\ 1 / MARGARET BRAVAfl MULVEV CHAMPION \9n SROADCASTR 0 ( RETENT/ON POND LAKE \LOT . NO TA LTD2 J I C � LAKE LOTTA LTD. fleomRED VOLUME 4.57 AC -Fr J IF 1 \ r OF FLORIDA, II Q _ 2 �O 7LORIA'GE �O 1 MICHAEL A.TY �P I qOV B. WHITE I CORP. I B.C.C. \GOERBING opo 8 RTRAM A. ORA LEE LTRACT I I RETENT/ON NO. 3 REO UI RED VOLUME 5.68 AC -FT TRACT /00 -YEAR F400P EL. 97.0 LAKE RETENTION POND NO. / REQUIRED VOLUME 1.98 AC -FT MARILYN ETAL JOHN H. OZANIAN WORSHAM , JR. I CLARA BELLE WORSHAM LAKE OL YMP/A / /00 -YEAR FL O00 PRE -DEVELOPMENT DRAINAGE \ DRAINAGE DIVIDE LAKE OLYMF LAKE LOTTA LT\ 1 / MARGARET BRAVAfl MULVEV CHAMPION \9n SROADCASTR 0 ( RETENT/ON POND LAKE \LOT . NO TA LTD2 J I C � LAKE LOTTA LTD. fleomRED VOLUME 4.57 AC -Fr J IF 1 \ r MAGNOLIA SPRINGS 80 y . II• 20 PECPROFESSIONAL ENGINEERING CONSULTANTS, INC. sone 1560 Mer". P -h P, 20.. 1a 1 J26oi 1..• 1 � \ LAKE � JOHIO I v 1`0 14'- I30 LXISTINC GROUND IIIE 120 11' 100 90 CLARK ROAD PREL/M/NARY PLAN AND PROF/LE 16C OF FLORIDA, II 0 _ 2 7LORIA'GE 1 MICHAEL A.TY I qOV B. WHITE I CORP. I B.C.C. \GOERBING 8 RTRAM A. ORA LEE LTRACT I I RETENT/ON NO. 3 REO UI RED VOLUME 5.68 AC -FT TRACT POND A C ENNETT WHITEHILL LOUISE WHITE TRACT B — _ MAGNOLIA SPRINGS 80 y . II• 20 PECPROFESSIONAL ENGINEERING CONSULTANTS, INC. sone 1560 Mer". P -h P, 20.. 1a 1 J26oi 1..• 1 � \ LAKE � JOHIO I v 1`0 14'- I30 LXISTINC GROUND IIIE 120 11' 100 90 CLARK ROAD PREL/M/NARY PLAN AND PROF/LE 16C