Item #06 Approval of City v. Lakendon, et al: Parcel 106 Groundtek Mediated Settlement Agreement
: FOLEY
AGENDA ITEM COVER SHEET
Meeting Date: April 21, 2009
Item # l 0
Contact Name:
Contact Number:
Mary D. Solik, Assistant
City Attorney
407 -244-3259
Reviewed By:
Department Director:
City Manager:
Subject: City of Ocoee v. Lakendon, et a!.: Parcel 106 - Groundtek Mediated Settlement
Agreement Approval
Background Summary:
Request for approval of mediated settlement agreement in case of City of Ocoee v. Lakendon, et
&, Parcel 106, Groundtek. This case is an eminent domain action to acquire the ROW necessary
to construct the Maguire Road Phase V project.
Issue:
Parcel 106 was mediated on March 27, 2009 and a settlement was reached subject to commission
approval.
Recommendations
Approve Mediated Settlement Agreement.
Attachments:
Staff Report attached.
Financial Impact:
Approval of the Mediated Settlement Agreement will require the payment of $286,605.00 by the
City.
Type of Item:
D Public Hearing
D Ordinance First Reading
D Ordinance First Reading
D Resolution
[8J Commission Approval
D Discussion & Direction
For Clerk's Deoi Use:
D Consent Agenda
D Public Hearing
D Regular Agenda
D Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
[gI N/A
o N/A
o N/A
~_1293936. 1
- -~
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN
AND FOR ORANGE COUNTY, FLORIDA
CITY Of OCOEE,
Petitioner,
Case No.: CA 11495
Parcel 106
v.
LAKENDON, INC.,
Respondent.
/
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on the 27th day of March, 2009, the parties reached
the fo~lowing Settlement Agreement subject to the approval of the City of Ocoee
Commission.
1. Petitioner will pay to Respondent, Groundtek of Central Florida, Inc.
the sum of $160,000.00 in full settlement of all claims for compensation in this
cause including statutory interest.
2. Petitioner will pay Respondent attorney's fees, expert's fees, costs and
expenses in the amount of $226,000.00.
3. Counsel for Petitioner will submit to the Court for signature a mutually
approved form of final judgment of this matter as soon as practical hereafter.
4. Petitioner is entitled to a credit in the amount of $99,395.00 for the
deposit made on November 3, 2008.
5. Petitioner will deposit in the Court Registry the balance due of
$286,605.00 within 30 days of the actual date of receipt by Petitioner's counsel a
conformed copy of the aforesaid final judgment from the Court.
6. The Court will retain jurisdiction herein solely to enforce the terms of
the final judgment.
7.
Attached hereto is an addendum to this agreement:~ yes ____ no
8.
AGREEMENTS
{AND ANY ADDENDU
D EVERY PART ~
IF ANY} CONTAIN{S} ALL OF THE
EVERY AG"V ~.
. Bori, President and Managing Member
Groundtek of Central Florida, Inc.,
Gr undtek anufacturing, LLC
G oundtek Truck & Equipment, Inc.
~w~
(iV
Solik ey for ia G. Ziegler
C;:o44
ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT
CITY OF OCOEE V. GROUNDTEK OF CENTRAL FLORIDA, INC.
1. The City of Ocoee will construct a 3D-foot driveway at the right of way line
with flares at Driveway No.1 driveway centerline {Sta. 532+70.DO}. In the
event that Driveway No. 1 is ever required to be closed, the property owner
will be entitled to full compensation for the closing.
2. The City of Ocoee will widen Driveway No. 6 driveway centerline (Sta.
530+78.00}to the extent of the width of the existing access easement, which is
~quivalent to approximately 50 feet at the right-of-way line, with flares.
3. The City of Ocoee will not require more than a I5-foot landscape buffer on the
Maguire Road frontage upon redevelopment of the site. This shall apply to
Groundtek of Central Florida, Inc. and any future property owners.
4. City of Ocoee Ordinance 2006-14 is not triggered by the taking of Parcel 106 by
~he City of Ocoee.
5. Groundtek of Central Florida, Inc., will grant the City of Ocoee a right of
entry onto the Groundtek property to remove the landscaping located within the
area of take.
~~
r Petitioner, Mary Solik
PARCEL #106
DESCRIPTION:
A portion of a Parcel of land as described in Official Records Book 4868, Pages 1614 and 1615, in the
Public Records Book of Orange County, Florida, being more particularly described os follows:
Commencing at the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 19,
Township 22 South, Range 28 East, Orange County, Florida thence along the South line of the Northeast
1/4 of the Southeast 1/4 of said Section 19, S88.50'48"W a distance of 181.50 feet to 0 point on the
Northerly right-of-way of Maguire Rood, said point also being a point on a curve concave Southwesterly
having 0 radius of 550.27 feet, a central angle of 15.12'25" and a chord bearing and distance of
N6cr05'56"W, 145.62 feet; thence Northwesterly along said Northerly right-of-way and the arc of said
curve 146.05 feet; thence continuing along said right-of-way and deporting said curve N6742'14"W, a
distance of 411.59 feet to the POINT OF BEGINNING also being a point on the Southerly line of aforesaid
Parcel; thence continuing along said right-of-way N6742'14"W, a distance of 242.76 feet to 0 point on
the Northwestern most line of said Parcel; thence along said Northwestern line N5740'24"E, a distance of
21.10 feet; thence departing said Northwestern line S6716'21 E, 0 distance of 241.48 feet to a point on
the Southerly line of said Parcel; thence along said Southerly line S5740'24"W, a distance of 18.87 feet
to the POINT OF BEGINNING.
Containing 3,955.74 square feet, more or less.
SURVEYORS NOTES:
1. This 'Sketch of Description was performed without the benefit of an abstract, title opinion or title
insurance. A title search may reveal additional information affecting the parcel os shown.
2. I hereby certify that this Sketch of Description of the above described property is true and correct to
the best of my knowledge and belief as recently drawn under my direction and that it meets the
Minimum Technical Standards or Land Surveying ch. 61G17-6 requirements. Dimensions ore shown in feet
and decimals thereof.
3. Not valid without the signature and raised seal of a Florida licensed surveyor and mapper.
4. Bearings shown hereon are based on the South line of the Northeast 1/4 of the Southeast 1/4 of
Section 19, Township 22 South, Range 28 East, Orange County, Florida, being S88"SO'48"W.
NOTICE OF UABIUTY: This survey is certified to those individuals shown on the face thereof. Any other
use, benefit or reliance by any other party is strictly prohibited and restricted. Surveyor is responsible
only to those certified and hereby disclaims any other liability and hereby restricts the rights of any
other individual or firm to use this survey, without express written consent of the surveyor.
Sketch Be Description
FOR
Date:
c_.~..~n
SOUTHEASTERN SURVEYING ac YAPPING CORP.
6500 All American Boulevard
Orlando, Florida 32810-4350
(407)292-8580 fu( 407)292-0141
erne: . into4hou eas urve I.com
June 22, 2005 DC
Job No.: Scale:
45800079 Not ~ Sca~
City of Ocoee
CH. 81C17-11. florida AdmlnJ.tratlve
Code ,-.qui,.. that 0 I~I cleecrIpt/on
drawln9 beor the notation that
THIS IS NOT A SURVEY.
SHEET 1 OF' 2
SEE SHEET 2 F'OR SKETCH
NO. 4246
SKETCH OF DESCRIPTION
PARCEL #106
,..
NOT TO SCALE
SOUTH UNE or
NE 1/4 OF'
SE 1/4 Of
SECTION 19.
TWP 22 S,
RNG 28 E
Drawing No. 45800079
Oate: 06/22/2005 DC
Sheet 2 of 2
Se. Sheet. 1 for Description
&: Surveyors Report .
ABBREVIATIONS
TWP .. TOWNSHIP
RGE - RANGE
R .. RADIUS
~ .. DELTA
L .. l.E:NGTH
CB .. CHORD BEARING
CH - CHORD LENGTH
R/W .. RIGHT-OF'-WAY
ORB - OFFICIAL RECORD BOOK
PC - POINT OF' CURVATURE
PT - POINT OF' TANGENCY
P /L .. PROPERTY LINE
-t 01-
LOT 2 ';::- ~ rs
Z
I-OlXl
OCOEE COMIo4ERClAL PARK ~ i= N
PB 26, 136 iE ~ w
0:: III ~
~15~
LOT 1 ....w-t 0
o r.......iE
~I-.....=>>
~l5I-~
o::~N
wrN
ZSa..
0::0-
811lV5
Z
~~~
wI-I-
rl..L.
1-0
=>>
o
POINT OF III
-..
SOUTHEASTERlf SURVEYDl'G c!c MAPPING CORP.
6500 All Amerioan Boulevard
Orlando, Florida 32810-4350
(407)~92-8580 fax( 407)292-0141
emall: mfoesoutheuternsu.rveying.com
,
,0 ,~
1". tif])
~';)1 ~
/
~ ~~~~
~#~~~
~~o~