VII(I2) Resolution Nos. 2000-06 And 2000-07, Conveyance Of Land To The Florida Department Of Transportation In Connection With The Silver Star Road/S.R. No 438 Project Agenda 8-15-2000
Item VII I 2
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
20377-499
TO: Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: August 7, 2000
RE: Resolution Nos. 2000-06 and 2000-07: Conveyance of Land to the Florida
Department of Transportation in Connection with the Silver Star Road/S.R. No.
438 Project
In connection with various developments' along Silver Star Road/State Road 438, the
City has obtained right-of-way, at no cost to the City, for the future expansion of Silver Star
Road. This right-of-way has been obtained either by dedication on a plat or by direct
conveyance to the City of Ocoee (the "Future Silver Star Road Land"). The Future Silver
Star Road Land was intended to be conveyed to the Florida Department of Transportation
("FDOT") at such time as required for the expansion of Silver Star Road.
As part of the planning for the Silver Star Road Project the FDOT met with the City to
discuss certain utility relocations required by the Project which would typically be undertaken
at the expense of the City. In June 1999 Mr. Shapiro and City staff met with representatives
of FDOT to discuss the utility relocations. The City proposed that the FDOT determine the
cost of acquiring the Future Silver Star Road Land if it were in private ownership and offset
such amount against the cost which would otherwise be incurred by the City for utility
relocations. FDOT agreed and subsequently concluded that the value of the Future Silver Star
Road Land was $633,900. To the extent that the utility relocation costs were less than the
value of the land, the City would not receive any payment. To the extent that the utility
relocation costs exceeded the value of the land, the City would be responsible for these excess
costs. While this agreement has been confirmed by letter, the City staff requested that it be
documented in a formal agreement prior to the conveyance. This documentation is set forth in
another agenda item with a staff report from the City Engineer.
The provisions of Section C-8(B) of the City Charter address the disposition of real
property owned by the City which has a fair market value in excess of $100,000. The City
Charter requires a public hearing and prohibits a sale, lease or other alienation at a price or
rental below the City's estimate of the fair market value thereof, except in cases where specific
good cause is shown and in cases involving alienation to another public agency. Absent the
OIL
006.190106.1 Li✓
opportunity to reduce the City's utility relocation costs, the City would be conveying the land
to FDOT without any specific consideration. It is our opinion that Charter provision is not
applicable to the proposed conveyances to FDOT since the Future Silver Star Road Land was
acquired by the City and/or the public for the specific purpose of the proposed conveyance and
has no independent use or monetary value to the City for a purpose other than use in
connection with the proposed FDOT roadway project.
Under the circumstances described above, the FDOT is requesting that the City
Commission adopt Resolution No. 2000-06 which would authorize the execution and delivery
of a City Deed conveying to the FDOT all the rights and interests of the City in and to the
existing Silver Star Road right-of-way and proposed expansion thereof as shown on the Right-
of-Way Map of Section 75250-2525, State Road No. 438. The City Engineer has confirmed
that the lands shown on this Right-of-Way Map are the lands identified by the City and valued
by FDOT for the purposes of the utility relocation credit. Further, FDOT has done its own
independent title work and confirmed the City and/or public ownership of the land being
conveyed which has also been identified by FDOT as Parcel No. 113.
The FDOT is also requesting that the City Commission approve Resolution No. 2000-
07 authorizing the execution and delivery of a City Deed with respect to a portion of Johio
Shores Drive required for the Silver Star Road Project. This Deed is intended to clear the title
of a parcel which is owned by Orange County and is unrelated to the credit associated with the
relocation of City utilities. The City claims no interest in this parcel and it has no value to the
City.
It is the opinion of the City Attorney and the City Engineer that the adoption of the
Resolutions are in the best interest of the City and consistent with the original purpose for the
City's acquisition of the Future Silver Star Road Land.
RECOMMENDATION:
It respectfully is recommended that the City Commission: (1) fmd that FDOT Parcel
No. 113 (Section 75250-2525) is owned by the City and/or the public for the purpose of the
future expansion of Silver Star Road and does not have an independent use or monetary value
and that the conveyance of such land to the Florida Department of Transportation is not
subject to the provisions of Section C-8(B) of the City Charter, and (2) adopt Resolution Nos.
2000-06 and 2000-07 with respect to the execution of City Deeds in favor of the State of
Florida Department of Transportation and authorize execution of said Resolutions and the City
Deeds referenced therein by the Mayor and City Clerk, and further authorize the execution of
all documents necessary to complete the conveyances contemplated by said Resolutions.
encl.
•
006.190106.1 -2
OCOEE.RES
December 14, 1998
This instrument prepared by
KATTIE GIBSON
•
under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
PARCEL NO. 113.1R
SECTION 75250-2525
STATE ROAD 438
COUNTY: ORANGE
F.P. NO. 239289 1
RESOLUTION NO. a000-O6
ON MOTION of Commissioner
seconded by Commissioner
the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes
to construct or improve State Road No. 438, Section No. 75250-2525, in
Orange County, Florida: and
WHEREAS, it is necessary that certain lands now owned by City of
Ocoee, Florida, be acquired by the State of Florida Department of
Transportation: and
WHEREAS, said property is not needed for City purposes: and
WHEREAS, the State of Florida Department of Transportation has made
application to said City to execute and deliver to the State of Florida
Department of Transportation a deed, or deeds, in favor of the State of
Florida Department of Transportation, conveying all rights, title and
interest that said City has in and to said lands required for
transportation purposes and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of
City of Ocoee, Florida, that the application of the State of Florida
Department of Transportation for a deed, or deeds, is for transportation
purposes which are in the public or community interest and for public
welfare and the land needed for transportation purposes is not needed
for City purposes; that a deed, or deeds, in favor of the State of
Florida Department of Transportation conveying all right, title and
interest of City of Ocoee, Florida, in and to said lands should be drawn
and executed by the Mayor and City Clerk, on behalf of this Board of
City Commissioners.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be
forwarded forthwith to the State of Florida Department of Transportation
at Tallahassee, Florida.
PARCEL NO. 113.1R
SECTION 75250-2525
F.P. NO. 239289 1
PAGE 2
BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 19 .
APPROVED:
ATTEST:. CITY OF OCOEE, FLORIDA
JEAN GRAFTON, S. SCOTT VANDERGRIFT,
City Clerk Mayor
(SEAL) APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY.
this day of , 19_.
FOLEY & LARDNER •
By:
City Attorney
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution
adopted by the Board of City Commissioners of
Florida, at a meeting held on the day of
199
Clerk, Board of City Commissioners
, Florida
03-OCOEE-12/98
December 14, 1998
This instrument prepared by
KATTIE GIBSON
under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
PARCEL NO. 113.1R
SECTION 75250-2525
STATE ROAD 438
COUNTY: ORANGE
F.P. NO. 239289 1
CITY DEED
THIS DEED, made this day of , 199_ by the
CITY OF OCOEE, a municipality of the State of Florida, grantor, to the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used
herein the terms "grantor" and "grantee" include all the parties to this-
instrument and the heirs, legal representatives and assigns of
individuals, and the successors, and assigns of organizations) .
WITNESSETH: That the grantor, for and in consideration of the sum
of $1.00 and other valuable considerations, receipt and sufficiency
being hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the grantee, all that
certain land situate in Orange County, Florida, viz:
PARCEL NO. 113 SECTION 75250-2525
All the rights and interest of the City of Ocoee, Florida, in and to the
existing right of way of dedicated and used State Road No. 438 and the
existing right of way of portions of other dedicated or maintained
streets between Silver Crest Boulevard and Hiawassee Road (S.R. 435) ,
lying within the required right of way as shown on the Right of Way Map
of Section 75250-2525, State Road No. 438, as filed in the Office of the
Clerk of the Circuit Court in Orange County, Florida, or in the Office
of the Department of Transportation in DeLand, Florida.
TOGETHER with all tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
PROVIDED that the following rights are reserved to Grantor:
1. The Grantor shall have the right to construct, operate;
maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the lands described herein in
accordance with the F.D.O.T. 's current minimum standards for-
such facilities as required by the F.D.O.T. Utility
Accommodation Manual in effect at the time the agreement is
executed. Any new construction or relocation of facilities
within the lands will be subject to prior approval by the
F.D.O.T. Should the F.D.O.T. fail to approve any new
construction or relocation of facilities by the Grantor or
require the Grantor to alter, adjust, or relocate its
facilities located within said lands, the F.D.O.T. hereby
agrees to pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of
acquiring appropriate easements.
2. Notwithstanding any provisions set forth herein, the terms of
the utility permits shall supersede any contrary provisions,
with the exception of the provision herein with reimbursement
rights.
PARCEL NO. 113.1R
SECTION 75250-2525
F.P. NO. 239289 1
PAGE 2
3. The Grantor shall have a reasonable right to enter upon the
lands described herein for the purposes outlined in Paragraph
1 above, including the right to trim such trees, brush, and
growth which might endanger or interfere with such facilities,
provided that such rights do not interfere with the operation
and safety of the F.D.O.T. 's facilities.
4. The Grantor agrees to repair any damage to F.D.O.T. facilities
and to indemnify to the extent permitted by law, the F.D.O.T.
against any loss or damage resulting from the Grantor_
exercising its rights outlined in Paragraphs 1 and 3 above.
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.
Signed, sealed and delivered in THE CITY OF OCOEE, FLORIDA
the presence of: (Two witnesses
required by Florida Law)
By:
Print Name: S. SCOTT VANDERGRIFT
Its Mayor
Print Name: ATTEST:
JEAN GRAFTON
Its City Clerk
(SEAL)
FOR USE AND .RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON , 19_
LEGALITY this day of UNDER AGENDA ITEM NO.
, 19
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 199 , by S. Scott Vandergrift, Mayor, who is
personally known to me or who has produced
as identification.
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No. , if any:
OCOEE.RES-02/99
January 27, 2000
This instrument prepared by
KATTIE GIBSON
under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
PARCEL NO. 142.2
SECTION 75250-2525
F.P. NO. 239289 1
STATE ROAD 438
COUNTY: ORANGE I
R E S O L U T I O N AJD, 0-°7
ON MOTION of Commissioner
seconded by Commissioner
the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes
to construct or improve State Road No. 438, Section No. 75250-2525, in
Orange County, Florida: and
WHEREAS, it is necessary that certain lands now encumbered by City
of Ocoee, Florida, be acquired by the State of Florida Department of
Transportation: and
WHEREAS, said property is not needed for City purposes: and
WHEREAS, the State of Florida Department of Transportation has made
application to said City to execute and deliver to the State of Florida
Department of Transportation a deed, or deeds, in favor of the State of
Florida Department of Transportation, conveying all rights, title and
interest that said City has in and to said lands required for
transportation purposes and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of
City of Ocoee, Florida, that the application of the State of Florida
Department of Transportation for a deed, or deeds, is for transportation
purposes which are in the public or community interest and for public
welfare and the land needed for transportation purposes is not needed
for City purposes; that a deed, or deeds, in favor of the State of
Florida Department of Transportation conveying all right, title and
interest of City of Ocoee, Florida, in and to said lands should be drawn
and executed by the Mayor and City Clerk, on behalf of this Board of
City Commissioners.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be
forwarded forthwith to the State of Florida Department of Transportation
at Tallahassee, Florida.
PARCEL NO. 142.2
SECTION 75250-2525
F.P. NO. 239289 1
PAGE 2
BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
City Clerk Mayor
(SEAL) APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , •
FOLEY & LARDNER
•
By:
City Attorney
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution
adopted by the Board of City Commissioners of
Florida, at a meeting held on the day of
Clerk, Board of City Commissioners
, Florida
04-QCD.13-06/93
January 27, 2000
This instrument prepared by
KATTIE GIBSON
under the direction of
GEORGE S. LOVETT, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720
PARCEL NO. 142.2
SECTION 75250-2525
F.P. NO. 239289 1
STATE ROAD 438
COUNTY: ORANGE
QUITCLAIM DEED
THIS QUITCLAIM DEED, Made this day of
by CITY OF OCOEE, a municipality of the State of Florida, (ADDRESS
PRINT/TYPE) : , grantor, to
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (wherever-
used herein the terms "grantor" and "grantee" include all the parties to
this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of organizations.)
WITNESSETH: That the said grantor, for and in consideration of the
sum of $1.00 and other valuable considerations, receipt and sufficiency
being hereby acknowledged, does hereby remise, release and quitclaim
unto the said grantee forever, all right, title, interest, claim and
demand, which said grantor has in and to the hereinafter described
parcel of land arising out of that certain interest established through
the maintenance of the existing right-of-way of Starke Lake Road/Johio
Shores Drive, together with all other right, title, interest, claim and
demand, if any, which the said grantor has in and to said parcel situate
in the County of Orange, Florida, viz:
PARCEL NO. 142 SECTION 75250-2525
THAT PART OF:
JOHIO SHORES DRIVE, LYING IN THE NORTHEAST 1/4 OF SECTION 16,
AND THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA, AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 75250-
2525.
BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 16,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN
SOUTH 00°04'12" WEST ALONG THE EAST LINE OF THE NORTHEAST 1/4 QUARTER OF
SAID SECTION 16 A DISTANCE OF 367.657 METERS (1206.22 FEET) FOR A POINT
OF BEGINNING; THENCE CONTINUE SOUTH 00°04'12" WEST ALONG SAID EAST LINE
A DISTANCE OF 114.909 METERS (377.00 FEET) ; THENCE DEPARTING SAID EAST
LINE RUN SOUTH 89°55'48" EAST A DISTANCE OF 9.144 METERS (30.00 FEET) TO
A POINT ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF JOHIO SHORES DRIVE
AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP
SECTION 75250-2525; THENCE SOUTH 00°04'12" WEST ALONG SAID EASTERLY RIGHT
OF WAY LINE PARALLEL TO THE EAST LINE OF SAID SECTION 16 A DISTANCE
OF113.045 METERS (370.88 FEET) ; THENCE DEPARTING SAID EASTERLY RIGHT OF
WAY LINE RUN NORTH 89°55'48" WEST A DISTANCE OF 18.288 METERS (60.00
FEET) TO A POINT ON THE EXISTING WESTERLY RIGHT OF WAY LINE OF SAID
JOHIO SHORES DRIVE AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE NORTH
00°04 ' 12" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE PARALLEL THE EAST
LINE OF SAID SECTION16 A DISTANCE OF 227.954 METERS (747.88 FEET) ;
THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE RUN SOUTH 89°55'48" EAST
A DISTANCE OF 9.144 METERS (30.00 FEET) TO A POINT ON THE EAST LINE OF
SAID SECTION 16 AND THE POINT OF BEGINNING.
CONTAINING 0.3118 HECTARES (0.770 ACRES) , MORE OR LESS.
PARCEL NO. 142.2
SECTION 75250-2525
F.P. NO. 239289 1
PAGE 2
THIS LEGAL DESCRIPTION PREPARED
UNDER THE DIRECTION OF:
R. MARK PITCHFORD, P.S.M. NO. 5062
LOCHRANE ENGINEERING, INC.
201 SOUTH BUMBY AVENUE
ORLANDO, FL 32803
DATE: JUNE 30, 1998
TO HAVE AND TO HOLD the same together with the appurtenances.
thereunto belonging or in anywise appertaining, and all the estate,
right, title, interest, lien, equity and claim whatsoever of the said
grantor, either in law or equity, to the said grantee 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.
Signed, sealed and delivered in THE CITY OF OCOEE, FLORIDA
the presence of: (Two witnesses
required by Florida Law, PRINT/TYPE
NAME BELOW SIGNATURE)
By:
Print Name:
Its Mayor
Print.Name: ATTEST:
Its City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON
LEGALITY this day of UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this '
day of , by
Mayor, who is personally known to 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: