Item 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