VII (D) Direction for Staff re: Condemnation of 7th Avenue Agenda 8-05-2003
Mayor we center of Good t,11,) Commissioners Item VII D
S. Scott Vandergrift R Danny Howell, District 1
�+�\ Scott Anderson, District 2
City Managers c"41.A.y Rusty Johnson, District 3
Jim Gleason /fie„ i 0I ( Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Jim Gleason, Ocoee City Manager
DATE: July 28,2003
RE: Eminent Domain-Condemnation of Right of Way on 76 Ave.
ISSUE
Should the Ocoee City Commission authorize staff and the city attorney to proceed with
condemnation of `Right of Way" of 48,439 square feet + or- from Dcvworth Properties Inc.? If
so, should this condemnation be by the"quick take" or "slow take"process? This Right of Way
is needed to improve 7th Ave. to a road for vehicular traffic.
RAC KGROUND/DISCUSSION
The city has a long-standing condition on the approval of the Westridge P.U.D. whereby the
necessary Right of Way on 71h Ave. will be conveyed to the City of Ocoee in connection with the
development of the PUD. The City Commission has also approved an agreement, which would
provide for the earlier conveyance of the 71h Avenue Right-of-Way subject to the approval of a
comprehensive plan amendment for a commercial parcel and other plan approvals related to the
project. . The purpose of the condition is to provide sufficient Right of Way to allow 7th Ave. to
be improved for vehicular and pedestrian traffic. This will enhance the safety of children
attending Thomebrooke Elementary School; improve traffic pattern disbursement on Moore,
•Fhornebrooke and 61h Ave.
City staff and the city attorney have tried several times to work with Devworth Properties Inc. to
obtain the conveyance of this need "Right of Way" prior to the City Commission approval of a
Preliminary and or Final Site Plan without success. The developers' current submitted plan has
undergone a first round review and has been on hold pending receipt of information sufficient to
begin the second round of review. City staff has just received that information and the project is
now in a 30-day review cycle for the second round review. It is premature to predict the timing
for the project to reach the City Commission and what the staff recommendation might be with
respect to the project.
If the City Commission wants to expedite the acquisition of the Right-of-Way it would be
necessary to condemn the land needed.. The appraised value of the 48,439 SF + or - of the
necessary "Right of Way" required has been valued at $62,535 as of June 17, 2003. In addition
to the value of the land, the city could expect to pay up to an estimated total of $100,000+ in
additional costs for any land value dispute and legal costs. If the City pursues the "quick take"
process the City would be hound to pay whatever amount might be awarded by a jury.
RECOMMENDATION
Staff believes the current conditions of the Developer Agreement for the Westridge RU.D,
requires the conveyance of the necessary `Right of Way" on 7th Ave. at no cost to the city upon
development of the Westridge PUD or the granting of comprehensive plan amendment and
development plan approvals. The city currently has not budgeted $150,000 + or—nor have we
identified funding sources at this time. Staff respectfully request the City of Ocoee Commission
to provide a clear policy direction either to proceed with condemnation and have staff advise on
funding options or continue to wait for the developer to proceed in developing the property and
obtaining development approvals in order to obtain the"Right of Way" at no cost to the city.
DERANGO, BEST & ASSOCIAI tS
aREAL ESTATE APF'R /SERS, ADVISORS & CONSULTANTS
160I FAsr AMELIA STREET, ORLANDO. FLORIDA 32803
I
July 10, 2003
I
Ms. Mary Doty. Assistant City Attorney
I City of Ocoee
C/o Foley & Lardner
P.O. Box 2193
. 111 North Orange Avenue, Suite 1800
Orlando, Florida 32801-2386
RE: Appraisal of the proposed right of way acquisition — Devworth Properties, Inc.,
located in the southeast quadrant of Maguire Road and Moore Road, Ocoee,
Florida.
Dear Ms. Doty:
In accordance with our agreement, we have personally inspected and appraised the
above referenced property. The purpose of our appraisal is to estimate the market
value of the property to be acquired along with any associated cost to cure or damages
which may accrue to the remainder property. The function of our appraisal is for use by
the City of Ocoee in decision making relative to the possible acquisition of a strip of the
property for a Right of Way (ROW) taking. We have appraised the whole property as
111well as the proposed taking value.
Our value estimate, which is documented in the attached report is as follows:
$62,535
UEffective date of valuation June 17, 2003.
The value cited above is subject to the assumptions, limiting conditions, certification
statements and definitions presented within the attached summary report.
® Sincerely.
111 DERANOO, BEST & ASSOCIATES
D��DeRan, Al
SLCert Gen REA RZt
03-233
(407) 895-6650 • FAX (407) 898-8467 • ,-wL@DERANOOBESr.COM
I=
APPRAISAL OF THE PROPOSED RIGHT OF WAY ACQUISITION
IIDEVWORTH PROPERTIES, INC., OCOEE, FLORIDA PAGE 6
ITRACT SIZES:
Square
El Parcel Sizes Acres Feet °!° Total
Larger Parcel:
Devworth Site 67.542 2,942,130 88.48%
. Glenmuir Parcel 8.797 383,197 11.52%
Total Larger Parcel 76.339 3,325,327 100.00%
Acquisition Area 1.112 48,439 1.46%
. Remainder 75.227 3,276,888 98.54%
II • -,
ta) 4y' r i
II i. \e
_ a -
ir
• /<t'3
a of x
Y
y J
Ill
,., Subject } - _ l
i �.-. s' w _ ' �Proposed ROW
�» _'. MI m ; .. cools' on
i °Y
II
S_ � I .a..
[ !t 4,� �v SCHoot. I- ! . t
II
t
1 • ,�,-
Ff'] 11. r - . C
IZONING: PUD, Planned Unit Development, by the City of Ocoee.
The property has been planned as the Westridge PD.
IFUTURE LAND USE: Low Density Residential, by the City of Ocoee.
na.ra