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Home My WebLink AboutItem III (D & E) - Approval and Authorization to Execute all Documentation for the Purchase of Clarke Road Parcal Nos. 108,208 & 308. And the Relocation Orange County's 24" DIP Water Main located in the ROW AGENDA 10-1-91 Item III D & E FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801-2386 TELEPHONE (407) 423-7656 FACSIMILE (407) 648-1743 TAMPA, FLORIDA1 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 September 25 , 1991 CHICAGO, ILLINOIS TO The Honorable Mayor and City Commission of the City of Ocoee FROM Paul E. Rosenthal, Esq. , City Attorney RE Clark Road Project Tract No. 8 (Orange County) In connection with the construction of the Clark Road Project, it is necessary for the City to obtain from Orange County the following parcels: Right-of-Way Parcel No. 108 (consisting of 0 .533 acres) , Permanent Easement Parcel No. 208 (consisting of 0 .115 acres) and Temporary Construction Easement Parcel No. 308 (consist- ing of 0 . 036 acres) . In connection with the acquisition of these parcels, Orange County has provided the City with an in-house appraisal prepared by William K. Hurt, Jr. Mr. Hurt inspected the property on October 30 , 1990 and August 27, 1991. His appraisal has a valuation date of August 27 , 1991 and indicated that the property to be acquired by the City is valued as follows: (I) Parcel No. 108 $16 ,055 .00 Land Value $13 ,325 .00 Improvements 2,364 . 00 Cost-to-Cure 366. 00 (II) Parcel No. 208 Land Value - 2 ,450 .00 (III) Parcel No. 308 Land Value - 250 .00 TOTAL FOR ALL PARCELS - $18 ,755 .00 Improvements being taken by the City consist of 354 linear feet of fencing and a gate. A copy of the appraisal is available for your review in the Office of the City Engineer. Attached hereto is a copy of correspondence, dated September 18 , 1991, from Alan B. Ispass, Director of the Orange County Public The Honorable Mayor and City Commission of the City of Ocoee Clark Road Project Tract No. 8 (Orange County) Page Two September 25, 1991 Utilities Division. Mr. Ispass indicates that the County, subject to the approval of the Board of County Commission- ers, is prepared to convey to the City Parcel Nos . 108 , 208 and 308 based upon the County appraisal . Additionally, Mr. Ispass has indicated that the agreement to convey the lands required by the City is conditioned upon the City re- locating, at the City's expense, approximately 800 feet of Orange County' s 24-inch DIP water main which is located within the existing Clark Road. The relocation costs to be incurred by the City would include both design and construc- tion costs. The design work associated with this relocation has previously been completed and is incorporated into the Clark Road Construction Plans. The City originally requested that the County donate the necessary Right-of-Way and Easements to the City. The County indicated that they were unable to accommodate the City' s request due to bond covenants and other restrictions associated with ownership of the subject property by the County Utility System. Similar to our discussions with other property owners, the City also requested that the por- tion of the subject property included within the existing roadway be quit-claimed to the City at no cost. For similar reasons, the County rejected this request. The final item relates to the relocation of the existing County water main. The City originally proposed that the County water main be relocated at the County 's expense. Alternatively, the City suggested that the existing water main be left in its present location in order to avoid the relocation costs . The ultimate result of these discussions between the City Engineer and the County Public Utilities Division led to the conclusion that it was not feasible to leave the existing water main in place and that the reloca- tion costs should be an obligation of the City. As the ex- isting water main is located within the Orange County Right- of-Way and the relocation is necessitated solely due to the Clark Road Project, the City Engineer and the City Attorney ultimately agreed that this expense should appropriately be borne by the City as a project cost. RECOMMENDATION: It respectfully is recommended that the City Commission take The Honorable Mayor and City Commission of the City of Ocoee Clark Road Project Tract No. 8 (Orange County) Page Three September 25 , 1991 the following action: (1) approve the purchase from Orange County of Clark Road Parcel Nos. 108 , 208 and 308 at a total purchase price of $18 ,755. 00, authorizing execution by the Mayor and City Clerk of all documentation necessary to con- summate the purchase and (2) approve the relocation, at the City' s expense, of approximately 800 feet of Orange County's 24-inch DIP water main located within the existing Clark Road Right-of-Way, including all design and construction costs associated therewith. 6).1- Paul E. Rosenthal per/etb attachment Carbon copy with attachment to: Mr. Ellis Shapiro, City Manager Ms. Montye Beamer, Administrative Services Director Mr. James W. Shira, City Engineer Orange r ' Division of Public Utilities O1 1 nt 109 East Church Street,Suite 400 li Reply To:Post Office Box 1393 Orlando,Florida 32802-1393 Telephone(407)836-7200 RECD _ • September 18, 1991 SEP 23 1S91 Paul E. Rosenthal, Esq. FOLEY & LP,RDNER, van den BERG Foley & Lardner GAY, BURKE WILSON & ARKIN 111 North Orange Avenue, Suite 1800 Orlando, FL 32801-2386 Subject: City of Ocoee/Clark Road Project Dear Paul: Attached please find the draft Deed and Easement documents for Parcel 108 (0.533 acres for the proposed right-of-way) , Parcel 208 (0.115 acres for the Drainage Easement) , and Parcel 308 (0.036 acres for the Temporary Construction Easement) . These were previously faxed to you on September 5, 1991. Please review the documents and the legal description and advise if you are satisfied with the form and the contents. The monetary compensation for these three parcels will be $18,755.00, as detailed in the enclosed Appraisal document. The other remaining issue concerns the design and construction costs associated with the relocation of approximately 800 feet of our 24-inch DIP water main. This relocation is required due to the proposed road construction. In a meeting with Mr. Jim Shira on August 13, 1991, our staff had advised Mr. Shira and the City engineers that this water main was currently located on County-owned property. Mr. Shira agreed with our position that the relocation expenses for this water main are the City's responsibility. It is my understanding that the design of this { relocation is estimated to cost $2,851.00 and the construction cost of the relocation is estimated to be $44,000.00 based on bids received. We would like the City's concurrence to pay for the costs associated with this relocation. Contingent upon your agreement on the costs for the water main relocation, we are prepared to get the approval of the Board of County Commissioners to finalize this matter if the City is in agreement with the monetary compensation as stated above. RECYCLED $ PAPER fir Paul E. Rosepthal, Esq. , Foley & Lardner City of Ocoee/Clark Road Project September 18, 1991 Page Two We look forward to working with you and the City of Ocoee towards the completion of this project. I look forward to hearing from you. SL:ncerejy, Al'an B. Ispass, P.E. , Director ORANGE COUNTY PUBLIC UTILITIES DIVISION ABI/kb cc: Stanley J. Keely, P.E. , Deputy Director, Public Utilities Division Ajit M. Lalchandani, P.E. , Manager, Utilities Engineering Dept. Ann Bivins, Manager, Real Estate Management Department Gene LeGette, Esq. , Assistant County Attorney File: #83-134-G City of Ocoee General Correspondence