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Home My WebLink About2017 02 13 Informational 202 Cross Seminole Trail Missing LinkCOMMISSION AGENDA ITEM 202 Informational X Consent Public Hearings Regular February 13, 2017 KS KL Regular Meeting City Manager Department REQUEST: Public Works Department Updating the City Commission on the Status of the Cross Seminole Trail missing link. SYNOPSIS: The Cross Seminole Trail missing link right of way acquisition is progressing with the Environmental Site Assessment being targeted for completion by February 15th. CONSIDERATIONS: City staff became more actively involved in the Cross Seminole Trail right of way acquisition in the fall of 2015 when Mr. Phillips offered to donate his property to the City which we then could swap with the State for the property in the Town Center needed to build Magnolia Park. This action could potentially save the City approximately $105,000. Since that time, we have completed revised surveys of the Phillips property (City cost $3,830) which reduced the donated property width from 30' to 27'. This was due to the fact that the State would not accept any property with encroachments from the wall footing constructed by Mr. Phillips contrary to what County staff had proposed. In addition, a Level I Environmental Site Assessment as required by the State was conducted (City cost $2,000) which recommended a Level II ESA be performed due to the potential contamination from surrounding uses. The initial phase of the Level 2 ESA (City cost $13,840) determined several areas of the future trail property contained contaminants slightly over thresholds. A follow up Level 2 ESA to determine the extents of the contamination was requested by the State (cost Informational 202 PAGE 1 OF 3 - February 13, 2017 estimated at $11,000) at which time we requested financial assistance from the County since this will be a County trail and our primary interest was more focused on the acquisition of the Magnolia Park amphitheater. The County has provided an interlocal agreement for cost sharing which is under review by the city Attorney. Staff has proceeded with the study upon assurances from the County of reimbursement for the Level 2 follow up. Once the Level 2 follow up is complete, State staff will review and determine what, if any, remedial actions will be required for the State to ultimately accept the deed for the trail right of way. There are at least 6 separate but related actions /legal documents that will need to occur to bring the necessary right of way acquisition to fruition. Once all documents are deemed ready for approval, they will be scheduled for the next available Governor and Cabinet meeting. Closing should occur within 90 to 120 days after approval. 1. Property Transfer — Phillips to City (warranty deed) Can proceeding with transfer ahead of Gov /Cabinet approval or as Simultaneous Closing Appraisal will need to be current Conditioned on Phillips ultimately receiving "Nub Parcel" along east property line from State via City 2. Property Transfer — City to State (Phillips parcels) Require Marketable Title /Title Policy/ESA/Property Survey State provided draft agreement for City Attorney review on May 2016 /waiting for all issues to be settled. 3. Property Transfer — State to City (Magnolia Park 0.44 acres & Nub Parcel) State will convey as Quit Claim Deed /State will not provide ESA/ City to provide surveys of Magnolia Park 0.44 acres that is not more than 6 months old "Nub Parcel" survey found but no date or title block - trying to determine if County created 4. Property Transfer — City to Phillips "Nub Parcel" to Phillips — old railroad right of way projects into Phillips east property line Appraisal will need to be current 5. Easement — Seminole County School Board to State County working with SCSB to facilitate easement conveyance Can be executed prior to Exchange Agreement 6. Right of Way Use Agreement — City to State (unimproved City RW from SR 419 to OSO Road) City Attorney to create draft. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. 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 Informational 202 PAGE 2 OF 3 - February 13, 2017 WKH&LW\¶V6HUYHU$GGLWLRQDOO\SRUWLRQVRIWKLV$JHQGD,WHPDUHW\SHGYHUEDWLPRQWKH UHVSHFWLYH0HHWLQJ$JHQGDZKLFKKDVDOVREHHQHOHFWURQLFDOO\IRUZDUGHGWRWKHLQGLYLGXDOV QRWHGDERYHDQGZKLFKLVDOVRDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQGWKH&LW\¶V 6HUYHUKDVEHHQVHQWWRDSSOLFDEOH&LW\6WDII0HGLD3UHVV5HSUHVHQWDWLYHVZKRKDYH UHTXHVWHG$JHQGDV$JHQGD,WHPLQIRUPDWLRQ+RPHRZQHU¶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ŶĨŽƌŵĂƚŝŽŶĂůϮϬϮW'ϯK&ϯͲ&ĞďƌƵĂƌǇϭϯ͕ϮϬϭϳ 9.B 'y OS00-DDD4 2A 4:0 4 v b 'ter G p 7 Winter Springs RW - ¢6.A ,o.o RW Use Agreement to "Nub" Parcel State to Phillips Easement from to. zs � � .�, .I o A+�'�1 S C S B z w 141 139 140 138 55 4i 13 53 7 TRAGTA 56 4 .51 49 47 134 52 53 45 4+ :.{-s",i ,.33 0 *P•. 133. ,.13,3 135 130 - - 33.q 1 9J�132. 123121 127 131 -, 4 71 12 128fi 5 12 72 fig fib 55' 38. 8 9 10 11. 12 $3'. TRACT 9 13 61 B.. 37 14 Bart Phillips property to be p 35 75 73, S2 32.37 34 33 2 R 31 -30 exchangedsent CaP1Pf P^?eiyn?QR'as� C�i'n�119C 12om2709 '59 49 :38 29 21. 11