HomeMy WebLinkAboutItem III (E) Approval and Authorization for Mayor and City Clerk to execute Termination of Temporary Construction Easementsfor Clarke Road AGENDA 220-96
Item III 'E
FOLEY & LARDNER
ATTORNEYS AT LAW
SUITE 1800
111 NORTH ORANGE AVENUE A MEMBER OF LOBALEX
ORLANDO, FLORIDA 32801 WITH MEMBER FFICES IN
JACKSONVILLE BERLIN
TELEPHONE(407) 423-7656
TALLAHASSEE BRUSSELS
TAMPA FACSIMILE(407) 648-1743 DRESDEN
WEST PALM BEACH MAILING ADDRESS FRANKFURT
MILWAUKEE LONDON
MADISON POST OFFICE BOX 2193 PARIS
CHICAGO ORLANDO, FL 32802-2193 SINGAPORE
WASHINGTON,D.C. STUTTGART
TAIPEI
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the
City of Ocoee
FROM: David P. Barker, Assistant City Attorney
DATE: February 8, 1996
RE: Termination of Temporary Construction Easements for
Clarke Road
In connection with the construction of Clarke Road, the
City obtained numerous temporary easement agreements granted to the
City for purposes of construction of Clarke Road. These temporary
easements were granted for a limited time period and would
terminate upon the completion of construction of Clarke Road or
upon expiration of a time period set forth therein, either three
years or two years from the date such easements were granted. The
temporary easement agreements also provided that the City would
record a Notice of Termination in the Public Records of Orange
County, Florida to evidence the termination of such temporary
easement agreements .
As the construction for Clarke Road has been completed
and the time periods have expired, we recommend that the City
Commission approve the attached Notice of Termination of Temporary
Easement Agreements, authorize the Mayor and City Clerk to execute
the Agreements and to direct the City Clerk to record the original
Termination in the Public Records of Orange County, Florida.
/jh
cc : Mr. James Shira, City Engineer
Paul E. Rosenthal, Esq. , City Attorney
ESTABLISHED074
1 8 4 2
THIS INSTRUMENT PREPARED BY:
David P. Barker, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, FL 34761
NOTICE OF TERMINATION OF NON-EXCLUSIVE
TEMPORARY EASEMENT AGREEMENTS
THIS TERMINATION OF NON-EXCLUSIVE TEMPORARY EASEMENT
AGREEMENTS ("Notice of Termination") is made as of this day of
1996, by the CITY OF OCOEE, a Florida municipal, whose address is 150 North Lakeshore
Drive, Ocoee, Florida 34761 (the "City").
WITNESSETH:
WHEREAS, in connection with the City's construction of that certain roadway
located in the City commonly known as "Clarke Road", the City requested that various
developers and owners of real property adjacent to Clarke Road grant to the City various
temporary easements; and
WHEREAS, various temporary easements were granted to the City, as more
particularly described on Exhibit "A" attached hereto and incorporated herein by this reference
(the "Temporary Easement Agreements"); and
WHEREAS, the Temporary Easement Agreements state, respectively, that such
easement will terminate upon the earlier of the completion of the construction of Clarke Road
as certified by the City or upon expiration of the time period set forth therein, being either three
years or two years from the date of such Temporary Easement Agreement, and upon such
termination of the Temporary Easement Agreement, the City shall record a Notice of
Termination in the Public Records of Orange County, Florida; and
WHEREAS, the City has completed construction of that portion of Clarke Road
affected by the Temporary Easement Agreements and desires to terminate and cancel the
Temporary Easement Agreements by the execution and recording of this Termination in the
Public Records of Orange County, Florida.
NOW, THEREFORE, the City does hereby terminate and release each and every
of the Temporary Easement Agreements, as set forth on Exhibit "A" attached hereto, and
forever releases, remises and forever discharges the Property, as defined in the respective
Temporary Easement Agreements, from the encumbrance of such easements.
IN WITNESS WHEREOF, the City caused this Notice of Termination to be
executed as of the day and year first above-written.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(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 LEGALITY HELD ON , 1996
this day of , 1996. UNDER AGENDA ITEM
NO.
FOLEY & LARDNER •
By:
, City Attorney
2
EXHIBIT "A"
EXECUTION OFFICIAL RECO DS
INSTRUMENT GRANTEE DATE BOOK AND PA E
. Non-Exclusive Temporary BML Investments 9/18/91 4330/4979
Construction Easement
Agreement
2. Non-Exclusive Temporary Mary Basmajian ('h) 12/12/90 4249/570
Easement Agreement Marilyn Ozanian (1/3)
Gary Dostourian (1.4)
Mangela Charan Khalsa (14)
Lori Dostourian ('4)
3. Non-Exclusive Temporary John H. Worsham, Jr. 11/20/90 4239/2150
Easement Agreement and Mary G. Worsham,
his wife
1. Non-Exclusive Temporary John H. Worsham, Jr. 10/8/91 4336/3649
Construction Easement and Mary G. Worsham,
Agreement his wife
5. Special Warranty Deed Lake Lotta, Ltd. 3/15/91 4199/1301
3. Temporary Easement County of Orange 12/3/91 4363/4810
Non-Exclusive Temporary The Methodist Church 9/12/91 4328/3284
Easement Agreement District Board of Missions
and Church Extension of
Orlando District, Inc.
3. Non-Exclusive Temporary Whitehill Group, Ltd. 9/26/90 4227/0005
Easement Agreement
3. Non-Exclusive Temporary Michael A. Goerling 12/2/91 4352/0185
Easement Agreement and Robin D. Goerling
10. Non-Exclusive Temporary Lake Olympia Club 8/21/90 4230/3939
Easement Agreement
1. Non-Exclusive Temporary Champion Broadcasting 4/4/91 4288/4325
Easement Agreement of Florida, Inc.
12. Non-Exclusive Temporary Louis Geys 10/4/90 4227/1842
Easement Agreement
3. Non-Exclusive Temporary Zom Silver Glen, Ltd. 9/27/90 4226/4958
Easement Agreement
"4. Non-Exclusive Temporary Brookshire Development 8/16/90 4226/4972
Easement Agreement Company, Inc.
EXECUTION OFFICIAL RECO DS
INSTRUMENT GRANTEE DATE BOOK AND PA E
15. Non-Exclusive Temporary Silver Ark, Limited, Inc. 8/20/91 4324/1276
Easement Agreement
16. Non-Exclusive Temporary W.C. Davis, as Trustee 8/30/91 4324/1284
Easement Agreement
17. Non-Exclusive Temporary Frances Scheller Kuhn 8/21/90 4238/0471
Easement Agreement f/k/a Frances Scheller
18. Non-Exclusive Temporary PRN Investments, BML 11/19/90 4273/0288
Easement Agreement Investments, J.D. Feinstein,
as Trustee
19. Non-Exclusive Temporary PRN Investments, BML 11/1/91 4344/0507
Construction Easement Investments, J.D. Feinstein,
as Trustee
20. Non-Exclusive Temporary PRN Investments, BML 10/30/91 4344/0528
Access Easement Investments, J.D. Feinstein,
as Trustee
NOTE: All references herein to Official Records Book and Page refer to the Public Records of Orange County, Fl rida.
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