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2014 04 14 Consent 306 Resolution 2014-03, Trail Right of Way COMMISSION AGENDA     Informational Consent X ITEM306 Public Hearings Regular       April 14, 2014KSKL Regular MeetingCity ManagerDepartment         REQUEST: Staff requests the City Commission approve Resolution 2014-03 which is required by the State as part of the process to acquire the 0.44 acre portion of the Trail Right of Way needed to construct the Magnolia Park Amphitheater.   SYNOPSIS: The State of Florida requires a Resolution from any interested government parties as part of the process to surplus State owned lands.  The City has pursued acquisition of 0.44 acres of trail right of way owned by the State in order to build the Magnolia Park Amphitheater which includes trail head restrooms.       CONSIDERATIONS: The approval of Resolution 2014-03 is needed to respond to the State's notice of Sale of Surplus Lands in the required timeframe.  The Mayor received the Notice (Attachment No. 1) on March 7, 2014 and the City has 40 days (April 16, 2014) to provide a resolution declaring interest in the surplus lands.   Initially, the trail application submitted by Seminole County to the State contemplated exchanging City right of way in the industrial park that was needed for completing the Cross Seminole Trail missing link for the trail right of way adjacent to Magnolia Park.  Both parcels were 0.44 acres in size.  A location map and survey of the 0.44 acre parcel is included in Attachment No. 2.     However, during the application review by State's legal staff, they requested the warranty deed and title insurance the City received when acquiring the right of way in the industrial Consent 306 PAGE 1 OF 3 - April 14, 2014 park.  Right of ways (even today) are conveyed by plat and deeds/title insurance are not received so we did not have the requested documentation.  To further cloud the issue, the right of way was platted and dedicated to the public in 1926 which was prior to the City's existence.    Fortunately, the City Attorney was able work with the State legal counsel to agree to a solution whereby the City would issue an easement to the State for the industrial park right of way for trail use.  This allowed the trail missing link application process to continue to the Acquisition and Restoration Council meeting of February 14, 2014 which approved moving it forward.   Unfortunately, the State's  position on the right of way conveyance eliminated the City's ability to swap lands at little or no cost and now triggers the acquisition through the State's surplus lands process which requires payment at appraised value.  A preliminary appraisal $106,000 was solicited and the current appraised value is for the 0.44 acre parcel or $5.50/Square Foot.  As a comparison, the appraised value for the contiguous 0.42 acres the City acquired from James Doran Company in 2008 to expand Magnolia Park was $6.77/SF less fill costs.   This resolution contains a provision where the City can withdraw from the acquisition process at any time if the land costs are unacceptable.  It is likely the appraisal will need to be updated prior to closing depending how long the review process takes and the costs could vary slightly when updated.  The property purchase will be brought back to the City Commission for approval some time in the next 4 to 6 months if the process continues on schedule.   The State is currently waiting for the CSX/Seminole County Trail Crossing Agreement which depended on CSX's final construction documents and costs being completed prior to execution by the County.  That is expected to be finalized in the next 30 days.  An updated schedule is included as Attachment No. 4.  Magnolia Park construction would begin immediately after closing and take 6 months to complete.  FISCAL IMPACT: There is no fiscal impact for approving this resolution.  Land purchase costs estimated at $106,000 plus closing costs will be brought forth in a future agenda item.  The funding source for the $2,700 appraisal and future acquisition and closing costs would be the 305 Fund - 1999 Construction Fund.    COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the Consent 306 PAGE 2 OF 3 - April 14, 2014 City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   RECOMMENDATION: Staff recommends the City Commission approve Resolution 2014-03 which requests the State sell 0.44 acres of trail right of way to the City for the purpose of constructing the Magnolia Park Amphitheater.  Final authorization to purchase the surplus lands will be sought in a future Commission agenda item. ATTACHMENTS: 1.Resolution 2014-03 (2 pages) 2.FDEP Notice of Intent to Sell Surplus Lands w/parcel map & survey (4 pages) 3.Appraisal Summary ( 3 pages) 4.Land Exchange Application Schedule - updated (1 page) Consent 306 PAGE 3 OF 3 - April 14, 2014 AttachmentNo.1 RESOLUTION NUMBER 2014-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REQUESTING CONVEYANCE OF REAL PROPERTY FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. W on March 7, 2014, the Mayor received notice from the State of Florida of the intent HEREAS, to sell certain surplus land owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida; and W the State of Florida requires an application and resolution from the governing body HEREAS, within 40 days of receipt of said notification expressing a desire to purchase the surplus land owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida; and W HEREAS, the City of Winter Springs is interested in acquiring the state owned surplus property identified as a 0.44 acre portion of the larger tax parcel 31-20-31-300-0300-0000 located north of State Road 434 and east of Tuskawilla Road. N T, B I R BY THE CITY COMMISSION OF THE CITY HEREFOREETESOLVED OW OF WINTER SPRINGS, FLORIDA THAT: Section I. This resolution shall serve as a formal request for the sale of the surplus property owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, identified as a 0.44 acre portion of tax parcel 31- 20-31-300-0300-0000. Section II. This resolution shall also serve as written commitment that the City of Winter Springs shall pay the appraised market value for the surplus land and costs associated with the purchase including all appraisals, surveys, title searches and recording fees. Section III. The City of Winter Springs requests that the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida execute and deliver to the City a Deed in favor of the City of Winter Springs conveying all rights, title and interest that said State has in and to said land. Section IV. The City of Winter Springs may withdraw its interest in acquiring the property should the cost of appraisal or the appraised value of said property be unacceptable. Section V. That this Resolution shall become effective immediately upon passage and adoption. City of Winter Springs, Florida Resolution 2014-03 Page 1 of 2 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 14th day of April 2014. \\Ç ã|àÇxáá ã{xÜxyÉ? \\ {täx {xÜxâÇàÉ áxà Åç {tÇw tÇw vtâáxw à{|á áxtÄ àÉ ux tyy|åxwA __________________________________________ CHARLES LACEY, Mayor ATTEST: _______________________________________ ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: _______________________________________ ANTHONY A. GARGANESE, City Attorney City of Winter Springs, Florida Resolution 2014-03 Page 2 of 2 AttachmentNo.2 AttachmentNo.3 AN APPRAISAL OF 0.442 ACRES, WHICH IS A PORTION OF THE CROSS-SEMINOLE TRAIL LOCATED JUST EAST OF TUSKAWILLA ROAD IN THE WINTER SPRINGS TOWN CENTER, WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA 32708 PREPARED FOR CITY OF WINTER SPRINGS 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 ATTENTION: MR. KIPTON LOCKCUFF, P.E. UTILITY/PUBLIC WORKS DIRECTOR PROJECT: MAGNOLIA PARK AMPHITHEATER B/A FILE NUMBER: NONE DATE OF VALUATION MARCH 20, 2014 DATE OF REPORT APRIL 1, 2014 PREPARED BY MERIDIAN APPRAISAL GROUP, INC. ANGELA L. BROWN, MAI, VICE PRESIDENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ 805 FRANK W. SCHIEBER, MAI, CCIM, SENIOR APPRAISER STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ 124 1331 Sundial Point Winter Springs, Florida 32708 Tel 407.875.6933 Fax 407.875.1061 April 1, 2014 Mr. Kipton Lockcuff, P.E. Utility/Public Works Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 RE: An appraisal of 0.442 acres, which is part of the Cross-Seminole Trail in Winter Springs, Seminole County, Florida 32708 Project: Magnolia Park Amphitheater Meridian File: 14-SKN Dear Mr. Lockcuff: As requested, we have made the necessary investigations and analyses incident to appraising 0.442 acres, which is a portion of the Cross-Seminole Trail located just east of Tuskawilla Road in the Winter Springs Town Center in Winter Springs, Florida 32708. In this vicinity, the Cross-Seminole Trail is a 100Ô right-of-way with an 8Ô asphalt paved bike path. The 0.442 acre subject property is a 40Ô strip with a west line of 486.36Ô, which is a part of the Trail right-of-way lying west of the bike path. The property is mostly cleared and lightly wooded, generally level and a few feet below road grade. Because of its narrow shape and lack of road frontage, the subject property is not independently developable. Accordingly we have valued it using an Ñacross the fenceÒ methodology, as if it were a part of a 1.549 acre ÑLarger ParcelÒ. The subject property and its ÑLarger ParcelÒ are further described by both legal and narrative descriptions within the text of the following appraisal report. The purpose of this appraisal is to derive the ÑAs IsÒ fee simple Market Value of the subject property, as of the date of valuation, March 20, 2014, our most recent date of inspection of the subject. The date of this report is April 1, 2014. The intended use of this appraisal report is to provide information to our client regarding the market value of the subject property, for purposes of negotiating a purchase from the State of Florida. Intended users of this appraisal report are our client, the City of Winter Springs; as well as the State of FloridaÔs Board of Trustees of the Internal Improvement Trust Fund. No other use or users are intended. General Assumptions, Limiting Conditions and certain Extraordinary Assumptions concerning the valuation of the subject project can be found following this section of the report. This appraisal report was prepared under Standards Rule 2-2(a) and performed under Standard 1 of the Uniform Standards of Professional Appraisal Practice (USPAP). Market Value ÑAs IsÒ Based on the analyses and discussions presented in this report and our experience and training, it is our opinion that the ÑAs IsÒ fee simple Market Value of the subject property, as of March 20, 2014 was: ÑAS ISÒ FEE SIMPLE MARKET VALUE ONE HUNDRED SIX THOUSAND DOLLARS ($106,000) Mr. Kip Lockcuff April 1, 2014 Page Two The following report was prepared in conformity with the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. As such, it conforms with the Uniform Standards of Professional Appraisal Practice (USPAP) that became effective January 1, 2014. This report meets or exceeds the guidelines of Federal, Financial Institutions Reform, Recovery and Enforcement Act of 1989 (Title XI of FIRREA), as amended, as issued by the Office of the Comptroller of Currency; and is in conformance with the State of FloridaÔs ÑSupplemental Appraisal Standards for the Board of TrusteesÒ (December 2012 edition). This letter of transmittal precedes the appraisal report, further summarizing the subject property and containing a summary of the reasoning and the most pertinent data leading to the final value conclusion. Respectfully submitted, Meridian Appraisal Group, Inc. Angela L. Brown, MAI, Vice President State-Certified General Real Estate Appraiser RZ 805 Frank W. Schieber, MAI, CCIM, Senior Appraiser State-Certified General Real Estate Appraiser RZ 124 ALB:FWS:dmh AttachmentNo.4 2/14/2014 3/7/2014