III (E) Approval and Authorization for Mayor and City Clerk to Execute Purchase Agreement with Charles N. Young as Trustee for 450. 3 Square Feet Located at the Northeast Corner of the Intersection of Professional Parkway and Maguire Road Agenda 5-16-2000
Item
FOLEY & LARDN ER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE III NORTH ORANGE AVENUE, SURE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 32801-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407) 423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@foleylaw.com 020377-0284
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City Attorney tsti
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: May 4, 2000
RE: Maguire Road Widening Project: Acquisition from Charles N. Young, as
Trustee
Based on the Maguire Road Widening Project design prepared by PEC, the City
needs to acquire property from Charles N. Young, as Trustee, whose ± 2.98 acre parcel is
located at the northeast corner of the intersection of Professional Parkway and Maguire Road.
The City needs to acquire, in fee simple, 450.3 square feet located at the corner of the
intersection.
The City had the Young property appraised by Pinel & Carpenter, who
appraised the property at $6.50 per square foot. This results in an appraised value of
$3,000.00. A copy of the Pinel & Carpenter appraisal report is available in the City Clerk's
office for your review. Dr. Young has agreed to convey his property to the City for
$3,500.00.
Attached is a Purchase Agreement, under threat of condemnation, which has
been executed by Dr. Young. Although the purchase price for the fee parcel exceeds the
City's appraised value by $500.00, we recommend approval. In the absence of a negotiated
acquisition it would be necessary for the City to condemn this property interest and incur costs
far in excess of$500.00.
( '
006.180268.1 C WW
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART ��
FOLEY & LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
May 4, 2000
Page 2
RECOMMENDATION:
Approve the Purchase Agreement executed by Charles N. Young, as Trustee,
authorizing execution thereof by the Mayor and City Clerk, and further authorize the Mayor
and City Clerk to execute all documents necessary to close the transaction.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.180268.1
PURCHASE AGREEMENT
This Purchase Agreement (the "Agreement") is made and entered into this
day of 2000 by and between Charles N. Young, as Trustee, whose
address is 1749 Village Boulevard, Apt. 304, West Palm Beach, FL 33409
(hereinafter referred to as the "Seller"), and the CITY OF OCOEE, a Florida
municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida
32761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Seller is the owner of fee simple title to certain real property
located in Orange County, Florida, as more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof(the "Property"); and
WHEREAS, the City is a Florida municipal corporation which is authorized to
exercise condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City is constructing the Maguire Road Widening Project (the
"Project") and in connection therewith needs to acquire from the Seller fee simple title
to the Property for the Project; and
WHEREAS, the City has advised Seller that if the City and the Seller do not
enter into an agreement for the purchase and sale of the Property that the City intends
to use its power of eminent domain to condemn its required interests in the Property;
and
WHEREAS, Seller, under threat of condemnation, has agreed to sell the
Property to the City, and the City has agreed to purchase the Property, together with
006.177972
any and all improvements, structures, fixtures and appurtenances thereto on the terms
and conditions stated below.
NOW, THEREFORE, in consideration of the promises and other good and
valuable considerations exchanged between the parties hereto, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated
herein by reference.
2. The Purchase — The Property. Seller, under threat of condemnation,
agrees to sell and the City agrees to purchase, for the purchase price and on the terms
and conditions herein set forth, the Property, together with all tenements,
hereditaments, improvements, structures, fixtures, trees, shrubbery, roads and
easements, appertaining thereto and all of the Seller's right, title, and interest therein.
The Seller shall convey to the City marketable, fee simple title to the Property by
special warranty deed free and clear of all liens, mortgages and encumbrances, except
for restrictions, reservations and easements of record, if any. The instrument of
conveyance shall transfer all of Seller's interest in and to all improvements, fixtures,
easements, trees, shrubbery, rights-of-way, tenements and appurtenances belonging or
appertaining to the Property, including without limitation of the foregoing, all right,
title and interest of Seller in and to any land lying in the bed of any street, alley, road
or avenue (before or after vacation thereof, and whether previously abandoned or
vacated or hereafter abandoned or vacated).
3. Purchase Price. The Purchase Price for the Property shall be THREE
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($3,500.00) (the
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"Purchase Price"). The parties hereto acknowledge and agree that the Purchase Price:
(a) constitutes full compensation to the Seller for the value of the Property and the
resultant damage, if any, to the remainder of the lands adjacent thereto owned by the
Seller; (b) includes full compensation to the Seller for all trees, shrubbery and other
improvements on the Property, all of which may be removed by the City in connection
with the Project; and (c) includes compensation and reimbursement to the Seller for all
costs and expenses incurred or to be incurred incident to this Agreement and the
closing hereof, including but not limited to attorneys' fees and appraisal fees.
4. Closing Costs; Tax Proration. The City shall pay all closing costs
associated with this Agreement, including all recording fees and documentary stamp
taxes relating to or resulting from the transfer of title to the City of the Property. Real
property taxes in connection with the conveyance of the Property shall be paid prorated
as of the day of the acceptance of the conveyance by the City and the prorated amount
shall be paid by the Seller and shall be escrowed in accordance with the provisions of
Section 196.295, Florida Statutes. Notwithstanding the foregoing, if the closing of title
for the Property occurs between November 1 and December 31, then Seller shall pay
all real property taxes for the entire year.
5. Maintenance of Access. Throughout the Project, the City will maintain
for Seller's benefit access to the adjacent lands owned by the Seller as of the date
hereof(the "Parent Tract"); provided, however, that the Seller acknowledges that there
may be temporary periods during which access to the Parent Tract may be temporarily
rerouted due to construction activities associated with the Project.
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6. Closing. Closing of title for the Property shall take place at the offices
of Foley & Lardner, 111 North Orange Avenue, Suite 1800, Orlando, Florida. The
City's legal counsel shall be responsible for the preparation of all closing documents, at
the City's expense.
7. Additional Documentation. In connection with the conveyance of the
Property the Seller shall execute such closing documents as may reasonably be required
by the City, including but not limited to a standard form no-lien affidavit, a non-foreign
certification, and a closing statement.
8. Use of Property Prior to Closing. From the date hereof through the
date of acquisition of the Property, the City through its consultants, contractors and
employees, will be and are hereby authorized to enter upon the Property for the
purposes of having scientific investigation, surveying and the taking of soil borings in
connection with the Project. Any boring holes made by the City shall be promptly
filled and packed to the surrounding earth level by the City.
9. Further Documentation. The parties agree that at anytime following a
request therefor by the other party, each shall execute and deliver to the other party
such further documents and instruments, in form and substance reasonably necessary to
confirm and/or effectuate the obligations of either party hereunder and the
consummation of the transactions contemplated hereby. The provisions of this
paragraph shall survive the closing.
10. Specific Performance. Both the City and the Seller shall have the right
to enforce the terms and conditions of this Agreement by an action for specific
performance.
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11. Time of Essence. Time is of the essence for this Agreement and in the
performance of all conditions, covenants, requirements, obligations and warranties to
be performed or satisfied by the parties hereto.
12. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings
and agreements, with respect to the subject matter hereof. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties only in writing by
formal amendment.
13. Applicable Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Florida.
14. Disclosure of Beneficial Interest. Contemporaneous with the execution
of this Agreement, Seller shall deliver to the City a public disclosure of its beneficial
ownership which shall comply with the requirements set forth in Section 286.23,
Florida Statutes. This Agreement constitutes a written notice from the City to Seller
requesting the foregoing disclosure and informing Seller that such disclosure must be
made under oath, subject to the penalties prescribed for perjury.
15. Successors and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective legal representatives,
successors, heirs and assigns.
16. Negotiated Price to be Without Prejudice. The purchase price
specified herein was negotiated by the parties on the basis of a total price for the
Property and shall be without prejudice to any party, and inadmissable in any
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condemnation proceedings which might hereinafter be brought if this transaction is not
closed for any reason whatsoever.
17. Time for Acceptance. The Seller is irrevocably executing this
Agreement prior to approval by the City; provided,however, that in the event the City
does not approve and execute this Agreement on or before June 6, 2000, then the
Seller's execution hereof shall be automatically terminated and the City shall
immediately return to the Seller the executed originals hereof.
18. Effective Date. The Effective Date of this Agreement shall be the date
that it is executed by the City and such date shall be inserted on the front page of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, to become effective as of the date and year first above written.
Signed, sealed and delivered SELLER:
in the presence of:
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Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift
Mayor
Attest:
Jean Grafton
City Clerk
[AFFIX SEAL]
Executed on: , 2000
For use and reliance only by the City of APPROVED BY THE OCOEE CITY
Ocoee, Florida. Approved as to form and COMMISSION AT A MEETING
legality this day of HELD ON
2000. 2000 UNDER AGENDA ITEM NO.
By:
Name:
City Attorney
Foley & Lardner
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006.177972
EXHIBIT A
• Pagel of
•
LEGAL DESCRIPTION
That part of Section 29, Township 22 South, Range 28 East, Orange County, Florida, being more particularly
described as follows:
Beginning at the intersection of the North right of way line of Professional Parkway and the East right
of way line of Maguire Road; thence North 01'07'25" East a distance of 30.01 feet along said East right
of way line; thence leaving said right of way line South 44'35'14" East a distance of 41.91 feet to a
point on the aforesaid North right of way line; thence along said right of way line South 89'42'O1" West
a distance of 30.01 feet to the POINT OF BEGINNING.
CONTAINING 450 square feet, more or less.
SURVEYORS REPORT:
1. Easements or rights of way that appear on recorded plans or that have been furnished to the surveyor by others
have been incorporated into this drawing with appropriate notation. Other easements may be discovered by a search
of the Public Records.
2. No underground installations or improvements have been located except as noted.
3. There is no visible evidence on the ground of use of the property which might suggest a possible claim of easement
other than those shown on the survey.
4. Measurement methods used for this survey meet MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING CH. 61G17-6
requirements.
5. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
6. Features shown by symbol as indicated in legend ore not to scale.
7. The bearings shown hereon are based on Baseline of Maguire Road from Station 199+00 to Station 200+00,
being North 01'07'25" East.
B. See Sheet 2 of 2 for Sketch of Boundary.
BoundarySurveyDate: CERT. NO. LB2108 45800030
Oct. 1, 1999 =v.
FOR Job No.: Scale: 71•� ~~ '"zL.
458.00030 NOT TO SCALE
AIiMI!•IONIIMI■n \
SOUTHEASTERN SURVEYING & MAPPING CORP.
Professional Engineering 324 N. Orlando Avenue
Consultants, Inc. Maitland, .Florida 32751
407/647-8898
Kk‘d
GAR B. KRICK
REGISTERED LAND SURVEYOR NO?4245
EXHIBIT A
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MEDCARE CENTER
FLAT BOOK 18 PAGE 136
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ABBREVIATIONS:
R/W = RIGHT OF WAY
L = LENGTH OF CURVE
R = RADIUS
A = CENTRAL ANGLE
CB = CHORD BEARING
N = NORTH
E = EAST ..wmrimatmar .._or i:L
W = WEST frill/
S = SOUTH A_ � x.T"A
�- = SET 5/8" IRON ROD WITH CAP • i/I �il�����t•
SSMC LS4245 Inr'awi J A1MIIIMMIL
/MINNI■•UIIIS-_ \
Drawing No. 45800030 SOUTHEASTERN 324 SURVEYING
Orlando Avenue
CORP.
Job No. 45800 Maitland, Florida 32751-4702
Date: Oct. 1, 1999 (407)647-8898 fax(407)847-1687
Sheet 2 of 2 e-mail:ssmc96@aol.com Cert. No. LB-2108
See Sheet 1 for Legal Description and. Surveyors Report