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HomeMy WebLinkAboutVI (B) 2. Sylvestri Investments of Florida Inc - Drainage Easement Agreement & Drainage and Utility Easement Agreement - Hackney Prairie Road AGENDA 10-3-95 Item VI B 2 �FOLEY & LARDNER ATTORNEYS AT LAW li* SUITE 1800 A MEMBER OF GLOBALEX III NORTH ORANGE AVENUE WITH MEMBER OFFICES IN ORLANDO. FLORIDA 32801 BERLIN JACKSONVILLE TELEPHONE 14071 423-7656 BRUSSELS TALLAHASSEE DRESDEN TAMPA FACSIMILE 14071648-1743 FRANKFURT WEST PALM BEACH MAILING ADDRESS: LONDON MILWAUKEE -• PARIS POST OFFICE BOX 2193 MADISON SINGAPORE CHICAGO ORLANDO,FL 32802-2193 STUTTGART WASHINGTON, D.C. TAIPEI MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: September 28, 1995 RE: Dedication of Hackney Prairie Road by Silvestri Investments The City and Silvestri Investments of Florida, Inc. ("the Developer") have previously entered into a Development Agreement, dated June 18, 1991, as amended December 13 , 1994 ("the Development Agreement") . The Development Agreement addresses the construction of that portion of Hackney Prairie Road which is adjacent to the Prairie Lakes PUD and other lands owned by the Developer. Pursuant to the Development Agreement this segment of Hackney Prairie Road is being constructed by the Developer at the City's expense. Right-of-way, retention pond lands, and various easements are being dedicated to the City at no cost and without any road impact fee credits. This segment of Hackney Prairie Road has now been substantially completed and will be accepted by the City subject to the completion of certain punchlist items. The Development Agreement calls for certain easement agreements to be entered into between the City and the Developer in connection with the dedication of Hackney Prairie Road. Attached hereto are the following documents required by the Development Agreement: (1) Drainage Easement Agreement between the City and the Developer . This document grants the Developer certain drainage rights with respect to a retention pond being conveyed to the City as part of the Hackney Prairie Road project. Essentially, the Developer is entitled to utilize the retention pond in connection with its development and, under certain circumstances, expand the pond. The City is responsible for the maintenance of the pond and E S T A B L I S H E D 1 8 4 2 v✓ The Honorable Mayor and City Commissioners of the City of Ocoee September 28, 1995 , Page 2 any expansions thereof so long as the pond is primarily designed to serve Hackney Prairie Road. This document is comparable to agreements reached with other property owners along Clarke Road. (2) Drainage and Utility Easement Agreement between the City of Ocoee and the Developer. This document grants to the Developer a drainage and utility easement across the right-of-way being conveyed in fee simple to the City. Any use of this dedicated roadway would need to comply with the Ocoee City Code, including the ordinances related to right-of- way utilization permitting. The above-referenced documents and additional closing documents, including a special warranty deed for the Hackney Prairie Road right-of-way, have previously been executed by the Developer. These documents are being held by the City subject to the City's acceptance of Hackney Prairie Road. The City staff has reviewed the attached documents and recommend their approval. RECOMMENDATION: It respectfully is recommended that the City Commission approve the Drainage Easement Agreement and the Drainage and Utility Easement Agreement between the City and Silvestri of Investments of Florida, Inc. and authorize execution thereof by the Mayor and City Clerk, subject to the acceptance by the City of that portion of Hackney Prairie Road adjacent to the Prairie Lakes PUD. PER:dh encl. C:\WP51\DOCS\OCOE\MEMOS\PERDDH09.283;9/28/95;DEBBIEH I PER:dh THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 For Recording Purposes Only DRAINAGE EASEMENT AGREEMENT (HACKNEY—PRAIRIE ROAD) THIS DRAINAGE EASEMENT AGREEMENT (this "Easement Agreement") is made and entered into this day of 1995, by and between the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor") , and SILVESTRI INVESTMENTS OF FLORIDA, INC. , a Florida corporation, whose address is 3312 Olde Wharf Run, Winter Park, Florida 32792 (hereinafter referred to as the "Grantee") . (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs , legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships [including joint ventures] , public bodies and quasi-public bodies. ) WITNESSET H: WHEREAS, Grantor owns fee simple title to certain land located in Orange County, Florida, said land being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Easement Property") ; and WHEREAS, Grantee owns fee simple title to certain land located in Orange County, Florida, said land being more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Grantee' s Land") ; and WHEREAS, Grantor and Grantee have heretofore entered into a certain Development Agreement, dated June 18 , 1991, as recorded in Official Records Book 4352 , Page 1655, as amended by First Amendment thereto dated December 13 , 1994 , as recorded in Official Records Book 4839, Page 2121 and as further amended by Second Amendment thereto dated , 1995 as recorded in Official Records Book , Page , all of the Public Records of Orange County, Florida (hereinafter referred to as the "Development Agreement") ; and WHEREAS, pursuant to the terms of the Development Agreement, the Grantee has constructed retention ponds on the Easement Property for drainage purposes related to Hackney-Prairie Road and the Grantee's Land (hereinafter referred to as the "the Retention Ponds") ; and WHEREAS, pursuant to the terms and conditions of the Development Agreement, Grantor has agreed to grant and convey to Grantee a drainage easement over, upon and across the Easement Property for the specific and limited purposes hereinafter set forth and to grant certain other rights to Grantee. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The above recitals are true and correct, form a material part of this Easement Agreement and are incorporated herein by reference. Section 2 . Grantor hereby gives, grants, bargains, sells and conveys to Grantee a non-exclusive perpetual easement for drainage purposes over, under and upon the Easement Property (the "Easement") , all subject to the terms, conditions and limitations set forth herein. Section 3. The Grantee shall have the non-exclusive right, privilege and easement to enter upon the Easement Property for the purpose of utilizing the Retention Ponds constructed thereon for stormwater drainage purposes in connection with development of Grantee's Land or any portion thereof. Section 4. The Grantee shall have the right and privilege, at its sole cost and expense, to expand the Retention Ponds in accordance with plans and specifications approved by the City for development of the Grantee's Land, or any portion thereof, in order to accommodate the requirements for the development of the Grantee' s Land, or any portion thereof; provided, however, that in connection with any such expansion: 2 (1) The Grantee shall cooperate and coordinate with the Grantor in regards to such expansion so as not to interfere with the operation and maintenance of Hackney-Prairie Road. (2) The Grantee, its agents, employees, consultants and independent contractors shall have the right to enter upon the Easement Property for the purpose of expanding the Retention Ponds in the manner set forth above in accordance with plans and specifications approved by the Grantor. The Grantee shall assume all risks involved in entering upon the Easement Property for the performance of such activities and shall indemnify and hold the Grantor harmless from and against all loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of, related to or caused by Grantee in the exercise of its rights hereunder. (3) In the exercise of its rights under this Section, the Grantee shall keep the Easement Property free and clear of all liens and encumbrances and shall hold the Grantor and the Easement Property harmless from any liens arising out of Grantee's activity thereon. (4) Upon completion of the expansion of the Retention Ponds, the Grantee shall convey to the Grantor the expanded Retention Ponds in the same manner and subject to the same terms and conditions as with the original conveyance of the Easement Property under the terms of the Development Agreement, except that the Grantee shall not be entitled to any Road Impact Fee Credits with respect to such conveyance(s) . (5) Upon completion of the expansion of the Retention Ponds, this Easement Agreement shall be amended so that the Easement Property will include all of the expanded Retention Ponds, provided however, that the Grantee shall have first delivered to Grantor an as-built survey of the expanded Retention Ponds which shall include a metes and bounds legal description thereof. Section 5 . The Grantor hereby agrees, at the Grantor's sole cost and expense, to maintain the Retention Ponds constructed on the Easement Property or on any expansion thereof by the Grantee pursuant to Section 4 above; provided, however, that unless otherwise agreed to by the Grantor and the Grantee, the Grantor shall not be required to maintain any expanded Retention Ponds which are primarily designed to serve the Grantee' s Land rather than Hackney-Prairie Road and any such expanded Retention Ponds shall be maintained by the Grantee, at its sole cost and expense. 3 Section 6. This Easement Agreement shall not be construed to relieve the Grantee of Grantee' s independent obligations to design, engineer, permit and construct, at Grantee's sole cost and expense, such on-site collection systems as may be necessary to connect the Grantee's Land to the Retention Ponds and to convey stormwater from Grantee' s Land to the Retention Ponds or to expand the Retention Ponds if needed for the development of Grantee' s Land. Section 7 . This Easement Agreement is for the exclusive benefit of the Grantee's Land. Section S. Grantor and Grantee mutually agree to abide by all applicable laws, statutes, ordinances, rules and regulations relating to their respective uses of the Easement Property, the Retention Ponds and any expansions thereof and any other drainage facilities and appurtenances related thereto. Section 9 . Except as expressly set forth herein, the Grantor reserves the right to utilize the Easement Property for any purpose which does not interfere with the use of the Easement Property by Grantee for the purposes set forth herein. Section 10. The Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damages, injury, liability, cost or expense, including without limitation attorney' s fees (whether incurred before, during or after trial, or upon any appellate level) , arising from the Grantee's use of the Easement Property or the Retention Ponds or any expansions thereof or from the exercise by the Grantee of any rights granted by this Easement Agreement. Section 11. This Easement Agreement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the benefits and burdens hereof shall run with the Easement Property and the Grantee' s Land. Section 12 . This Easement Agreement may be modified or amended only upon the mutual written consent of Grantor and Grantee, or their respective legal representatives, successors and assigns. Section 13 . The rights and privileges of Grantee hereunder may be assigned by Grantee to one or more homeowner's associations formed with respect to all or a portion of the Grantee's Land; provided, however, that any such homeowner's association shall assume all of the obligations of the Grantee under this Easement Agreement and provided, further, that the form of any such assignment shall be subject to the prior written 4 approval of the City, which approval will not unreasonably be withheld. IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written. GRANTOR: Signed, sealed and delivered in the presence: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Name: Attest: Jean Grafton, City Clerk Name: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 1995 LEGALITY this day UNDER AGENDA ITEM NO. of , 1995. FOLEY & LARDNER By: City Attorney GRANTEE: SILVESTRI I - -TMENTS"-O- FLORIDA, I ..,,/a Fror' •a corporatio /7 E _ ,/ 0-z-f- By: .-- (./.2( / '/ G - - , F. Silvestri Na : E vL ./A c s - -resident g42*-trt ` t 04-i C (CORPORATE SEAL) Name: PAUL E. ROSENTHAL 5 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, as Mayor and City Clerk, respectively, of the City of Ocoee, Florida and that they are personally known to me and they acknowledged that they executed the foregoing instrument on behalf of the City of Ocoee freely and voluntarily for the uses and purposes expressed therein. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared GUSTAVO F. SILVESTRI as Vice President of SILVESTRI INVESTMENTS OF FLORIDA, INC. , a Florida corporatio who [ ] is personally known to me, or (,)\--1 who produced r(o% ( (I�'S (tc� - as identification, and he acknowledged that he executed the foregoing instrument on behalf of said corporation freely and voluntarily for the uses and purposes expressed therein and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this g:) day of September, 1995 . 05-44,1(7- \7,.‘ist Signature of Notary 7(.`r-,T c;,;4,4;4s.ci+ ... AUL E. ROSENTHAL y cC291265 P1:* -{ Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 6 EXHIBIT "A" (EASEMENT PROPERTY) A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST QUARTER CORNER OF SAID SECTION 4 FOR A POINT REFERENCE; THENCE RUN SOUTH 00°14'08" WEST, ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 1310.66 FEET; THENCE RUN SOUTH 89°49'43" WEST, 684.64 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°49'43" WEST, 425.00 FEET; THENCE RUN NORTH 30°27'29" EAST, 130.16 FEET; THENCE RUN NORTH 00°14'08" EAST, 68.00 FEET; THENCE RUN NORTH 89°49'43" EAST, 358.00 FEET; THENCE RUN SOUTH 00°14'08" WEST, 180.00 FEET TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS 1.567 ACRES, MORE OR LESS. 7 4 S O0'14'O4(N % ‘310.44 i.60ut•♦•22•LO•••1 u . d a: J t� eci 0 500.14'09"W 180.00 Z 0 8 a ai 8 cc N ui u T 7 N W ♦1 Q a0U- W Lu 3 A 1 f Q• f CD 2 m In NOO•K'O8'g c0.= ti�. REPS0 7 NO M WINO A- awe 2/11111111111 . - mum enT aeon��_ a■s. ma suerz aw O/. ♦ y*w 1O/ate •Z414 f M.Lt v z EXHIBIT "B" (GRANTEE'S LAND) The Southeast 1/4 of the Southwest 1/4 and the South 1/2 of the Southeast 1/4, LESS the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of the and LESS the North 100 feet of the West 230 feet of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 4, Township 22 South, Range 28 East, Orange County, Florida. AND The North 1/2 of the Northeast 1/4 and the West 1/2 of the Southeast 1/4 of the Northeast 1/4 and the Southwest 1/4 of the Northeast 1/4 and the Southeast 1/4 North lying northerly of Railroad, Section 9, Township 22 South, Range 28 East, Orange County, Florida. AND SE 1/4 of the NE 1/4 and E 1/2 of SW 1/4 of the NE 1/4 of Section 4, Township 22 South, Range 28 East, also including: S500' of W 1/2 of NE 1/4 of SE 1/4 of Section 4, Township 22 South, Range 28 East, Orange County, Florida. AND E 1/2 of NW 1/4 of SE 1/4 of Section 4, Township 22 South, Range 28 East, Orange County, Florida. LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS OWNED BY THE CITY OF OCOEE: THE SOUTH 30.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH 30 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. LESS RIGHT-OF-WAY FOR CLARKE ROAD. TOGETHER WITH: "A" BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD AND THE NORTH LINE OF THE SOUTH 30.00 FEET OF THE EAST 1/2, OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4; THENCE EASTERLY ALONG SAID NORTH LINE FOR 45.00 FEET; THENCE NORTHWESTERLY 63 FEET MORE OR LESS TO A POINT LYING ON THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD, 45.00 FEET NORTHERLY OF THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT- OF-WAY LINE, 45.00 FEET TO THE POINT OF BEGINNING. 8 EXHIBIT "B" (GRANTEE'S LAND) (continued) AND THE NORTH 30.00 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4; LESS THE WEST 1/4 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 AND LESS THE EAST 1/4 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4, SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST ORANGE COUNTY, FLORIDA. LESS RIGHT-OF-WAY FOR CLARKE ROAD. TOGETHER WITH: "B" BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD AND THE SOUTH LINE OF THE NORTH 30.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4; THENCE EASTERLY ALONG SAID SOUTH LINE FOR 45.00 FEET; THENCE SOUTHWESTERLY 64 FEET MORE OR LESS TO A POINT LYING ON THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD, 45.00 FEET SOUTHERLY OF THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT- OF-WAY LINE 45.00 FEET TO THE POINT OF BEGINNING. AND A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST QUARTER CORNER OF SAID SECTION 4 FOR A POINT REFERENCE; THENCE RUN SOUTH 00°14'08" WEST, ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 1310.66 FEET; THENCE RUN SOUTH 89°49'43" WEST, 684.64 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°49'43" WEST, 425.00 FEET; THENCE RUN NORTH 30°27'29" EAST, 130.16 FEET; THENCE RUN NORTH 00°14'08" EAST, 68.00 FEET; THENCE RUN NORTH 89°49'43" EAST, 358.00 FEET; THENCE RUN SOUTH 00°14'08" WEST, 180.00 FEET TO THE POINT OF BEGINNING. A:\DRAINAGE.REV;9t 6/95!SILVESTRI -CLARKE ROAD(DISK);PER:dh 9 THL4 INSTRUMENT PREPARED BY ANDD SHOULD BE RETURNED TO: )pauj/E. Rosenthal, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 For Recording Purposes Only DRAINAGE AND UTILITY EASEMENT AGREEMENT (HACKNEY—PRAIRIE ROAD) THIS DRAINAGE AND UTILITY EASEMENT AGREEMENT (this "Easement Agreement") is made and entered into this day of , 1995, by and between the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor") , and SILVESTRI INVESTMENTS OF FLORIDA, INC. , a Florida corporation, whose address is 3312 Olde Wharf Run, Winter Park, Florida 32792 (hereinafter referred to as the "Grantee") . (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs , legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships [including joint ventures] , public bodies and quasi-public bodies. ) WITNESSET H: WHEREAS, Grantor owns fee simple title to certain land located in Orange County, Florida, said land being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Roadway Land") ; and WHEREAS, the Roadway Land constitutes a portion of Hackney-Prairie Road; and WHEREAS, Grantee owns fee simple title to certain land located in Orange County, Florida, said land being more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Grantee's Land") ; and WHEREAS, Grantor and Grantee have heretofore entered into a certain Development Agreement, dated June 18, 1991, as recorded in Official Records Book 4352 , Page 1655, as amended by First Amendment thereto dated December 13 , 1994 , as recorded in Official Records Book 4839 , Page 2121 and as further amended by Second Amendment thereto dated , 1995 as recorded in Official Records Book , Page , all of the Public Records of Orange County, Florida (hereinafter referred to as the "Development Agreement") ; and WHEREAS, pursuant to the terms and conditions of the Development Agreement, Grantor has agreed to grant and convey to Grantee a drainage and utility easement over, upon and across the Roadway Land for the specific and limited purposes hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The above recitals are true and correct, form a material part of this Easement Agreement and are incorporated herein by reference. Section 2 . Grantor hereby gives, grants, bargains, sells and conveys to Grantee a non-exclusive perpetual easement for drainage and utility purposes over, under and upon the Roadway Land for the exclusive purpose of providing drainage and utility services, including but not limited to electric, gas, cable television, telephone, water and sewer for the benefit of the Grantee' s Land (the "Easement") , all subject to the terms, conditions and limitations set forth herein. Section 3 . The exercise by Grantee of its rights and privileges hereunder shall be compatible with and consistent with the use by Grantor of the Roadway Land for roadway purposes as contemplated by the Development Agreement. Section 4. This Easement Agreement is for the exclusive benefit of the Grantee' s Land. Section 5. Grantee agrees to abide by all applicable laws, statutes, ordinances, rules and regulations relating to its use of the Roadway Land, including but not limited to the provisions of Article I of Chapter 153 of the Code of Ordinances of the City of Ocoee relating to Right-of-Way Utilization Permitting. 2 Section 6. The Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damages, injury, liability, cost or expense, including without limitation attorney' s fees (whether incurred before, during or after trial, or upon any appellate level) , arising from the Grantee's use of the Roadway Land or from the exercise by the Grantee of any rights granted by this Easement Agreement. Section 7. This Easement Agreement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the benefits and burdens hereof shall run with the Roadway Land and the Grantee 's Land. Section 8. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantor and Grantee, or their respective legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written. GRANTOR: Signed, sealed and delivered in the presence: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Name: Attest: Jean Grafton, City Clerk Name: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 1995 LEGALITY this day UNDER AGENDA ITEM NO. of , 1995. FOLEY & LARDNER By: City Attorney 3 GRANTEE: SILVESTRI INVE' ' ENTS * - FLORIDA, INC ,/a:-Fl• Ida corporation - G-,.,__. .9Z--. ,-.- By: / ' � sta -o F. Silvestri Nam : E ,z , 1. k. 0ca4,44 A c s ice .-resident (CORPORATE SEAL) Name: PAUL E. ROSENTHAL STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, as Mayor and City Clerk, respectively, of the City of Ocoee, Florida and that they are personally known to me and they acknowledged that they executed the foregoing instrument on behalf of the City of Ocoee freely and voluntarily for the uses and purposes expressed therein. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (ryped, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 4 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared GUSTAVO F. SILVESTRI, as Vice President, of SILVESTRI INVESTMENTS OF FLORIDA, _INC. , a Florida corporation who [ ] is . personally known to me, or who produced �nl dr�l,crS L i CCAS{ as identif is tion, and he acknowledged that he executed the foregoing instrument on behalf of said corporation freely and voluntarily for the uses and purposes expressed therein and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this a,`� day of Sept ber, 1995. diAi2C- geele `PµY Pc,,, OF C �.4�T^zw�}a_- 5 Signature of Notary Z sA1,-k'it co:a,.+i4S:ON Ni:Li3;S i 1 PAUL E. ROSENTHAL s, < CC294269 T.c : Q? wi'I CG.ltllS:iiCN _ ?. 1 (`.c a.7 jkJ(,Y 1 ;J7 „! Name of Notary (Typed. Primed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): A:1DRAINAGR..;9l1/951SILVESTRI -CLARKE ROAD(DISK)!PER:dh 5 EXHIBIT "A" (ROADWAY LAND) THE SOUTH 30.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH 30 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. LESS RIGHT-OF-WAY FOR CLARKE ROAD. TOGETHER WITH: "A" BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD AND THE NORTH LINE OF THE SOUTH 30.00 FEET OF THE EAST 1/2, OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4; THENCE EASTERLY ALONG SAID NORTH LINE FOR 45.00 FEET; THENCE NORTHWESTERLY 63 FEET MORE OR LESS TO A POINT LYING ON THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD, 45.00 FEET NORTHERLY OF THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT- OF-WAY LINE, 45.00 FEET TO THE POINT OF BEGINNING. AND THE NORTH 30.00 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4; LESS THE WEST 1/4 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 AND LESS THE EAST 1/4 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4, SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. LESS RIGHT-OF-WAY FOR CLARKE ROAD. TOGETHER WITH: "B" BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD AND THE SOUTH LINE OF THE NORTH 30.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4; THENCE EASTERLY ALONG SAID SOUTH LINE FOR 45.00 FEET; THENCE SOUTHWESTERLY 64 FEET MORE OR LESS TO A POINT LYING ON THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD, 45.00 FEET SOUTHERLY OF THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT- OF-WAY LINE 45.00 FEET TO THE POINT OF BEGINNING. 6 EXHIBIT "B" (GRANTEE'S LAND) The Southeast 1/4 of the Southwest 1/4 and the South 1/2 of the Southeast 1/4, LESS the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of the and LESS the North 100 feet of the West 230 feet of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 4, Township 22 South, Range 28 Fast, Orange County, Florida. AND The North 1/2 of the Northeast 1/4 and the West 1/2 of the Southeast 1/4 of the Northeast 1/4 and the Southwest 1/4 of the Northeast 1/4 and the Southeast 1/4 North lying northerly of Railroad, Section 9, Township 22 South, Range 28 East, Orange County, Florida. AND SE 1/4 of the NE 1/4 and E 1/2 of SW 1/4 of the NE 1/4 of Section 4, Township 22 South, Range 28 East, also including: S500' of W 1/2 of NE 1/4 of SE 1/4 of Section 4, Township 22 South, Range 28 East, Orange County, Florida. AND E 1/2 of NW 1/4 of SE 1/4 of Section 4, Township 22 South, Range 28 East, Orange County, Florida. LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS OWNED BY THE CITY OF OCOEE: THE SOUTH 30.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH 30 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. LESS RIGHT-OF-WAY FOR CLARKE ROAD. TOGETHER WITH: "A" BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD AND THE NORTH LINE OF THE SOUTH 30.00 FEET OF THE EAST 1/2, OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4; THENCE EASTERLY ALONG SAID NORTH LINE FOR 45.00 FEET; THENCE NORTHWESTERLY 63 FEET MORE OR LESS TO A POINT LYING ON THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD, 45.00 FEET NORTHERLY OF THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT- OF-WAY LINE, 45.00 FEET TO THE POINT OF BEGINNING. 7 EXHIBIT "B" (continued) AND THE NORTH 30.00 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4; LESS THE WEST 1/4 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 AND LESS THE EAST 1/4 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4, SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST ORANGE COUNTY, FLORIDA. LESS RIGHT-OF-WAY FOR CLARKE ROAD. TOGETHER WITH: "B" BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD AND THE SOUTH LINE OF THE NORTH 30.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4; THENCE EASTERLY ALONG SAID SOUTH LINE FOR 45.00 FEET; THENCE SOUTHWESTERLY 64 FEET MORE OR LESS TO A POINT LYING ON THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF CLARKE ROAD, 45.00 FEET SOUTHERLY OF THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT- OF-WAY LINE 45.00 FEET TO THE POINT OF BEGINNING. AND A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST QUARTER CORNER OF SAID SECTION 4 FOR A POINT REFERENCE; THENCE RUN SOUTH 00°14'08" WEST, ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 1310.66 FEET; THENCE RUN SOUTH 89°49'43" WEST, 684.64 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°49'43" WEST, 425.00 FEET; THENCE RUN NORTH 30°27'29" EAST, 130.16 FEET; THENCE RUN NORTH 00°14'08" EAST, 68.00 FEET; THENCE RUN NORTH 89°49'43" EAST, 358.00 FEET; THENCE RUN SOUTH 00°14'08" WEST, 180.00 FEET TO THE POINT OF BEGINNING. 8