HomeMy WebLinkAboutIII (D) Approval and Authorization for Mayor and City Clerk to Execute Easement Agreement Granting Easement to Time Warner Communications Across City Property on Bluford Avenue Agenda 3-16-99
Item III D
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
Ocoee COMMISSIONERS
v.
CITY OF OCOEE DANNY HOWELL
r E• a 150 N.LAKESHORE DIUVE SSCO TTAN GLASON
v �•i OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
n v
(407)656-2322
4'J,,111A% CITY MANAGER
f4 Of Gov ELLIS SHAPIRO
MEMORANDUM
DATE: March 11, 1999
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E., City Engineer/Utilities Director
SUBJECT: Easement Request-Time Warner Communications
Attached for your review and action is a proposed easement to be granted by the City of Ocoee to
Time Warner Communications.
This proposed easement is located across the southern tip of a parcel of land that was acquired by
the City as part of the lands purchased from Mr. Ron Stucki a few years ago. This proposed
easement will allow Time Warner to run cables from their facility on Maguire Road east to
Bluford, and thence north and south along Bluford.
The proposed easement is adjacent to an existing drainage ditch, and we have determined that the
proposed underground cable installation will not interfere with our ability to maintain the ditch.
If our maintenance practices or needs should ever change, the easement document contains
language that ensures the City's ability to maintain the adjacent ditch, by requiring that Time
Warner move their facilities to a location acceptable to the City upon demand.
I recommend that the City Commission approve this easement and authorize the Mayor and City
Clerk to execute the easement document.
Attachment
lam`""
PREPARED BY:
Scott A. Cookson, Esq.
FOLEY&LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
EASEMENT
THIS EASEMENT, is made and entered into as of the day of , 1999
by and between the City Of Ocoee, Florida, a municipal corporation duly created and existing
under and by virtue of the laws of the State of Florida, whose address is 150 North Lakeshore
Drive, Ocoee,Florida 34761 (hereinafter"Grantor") and Time Warner Communications, whose
address is 6373 All American Boulevard, Orlando, Florida 32810 (hereinafter"Grantee").
WITNES SETH:
That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable
considerations in hand paid to the Grantor by the Grantee,the receipt and sufficiency of which is
hereby acknowledged, said Grantor does hereby grant,bargain, sell and convey to the Grantee,
its successors and assigns forever, an easement over, through and under that certain tract of real
estate situated in the County of Orange, State of Florida,more particularly described as:
SEE EXHIBIT"A"ATTACHED HERETO INCORPORATED
HEREIN BY REFERENCE(the`Basement Area").
The easement granted is more particularly described as the right and privilege of the
Grantee and its agents, consultants and representatives to enter over, on,through or under the
above described tract of land, for the purpose of installing, maintaining, operating and repairing
utility cables ("Utilities"),together with the rights, easements, privileges and appurtenances in or
to said Easement Area which may be required for the full enjoyment of the rights herein granted.
The easement, rights and privileges granted herein shall be perpetual.
Grantee recognizes that this easement is granted solely to accommodate Grantee.
Grantor, its successors and assigns,reserve the right to require, at any time and at Grantee's
expense,the relocation of Grantee's Utilities to another location within the Easement Area
should Grantor determine the location is inconsistent with Grantor's proposed use of the property
on which the Easement Area is located. Such relocation may require the removal of any
underground Utilities and the replacement with aboveground Utilities.
IN WITNESS WHEREOF,the Grantor has caused this Agreement to be executed by its
duly authorized officers as of the day and year first above written.
APPROVED:
ATTEST: CITY OF OCOEE,
a Florida municipal corporation
By:
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 HELD
APPROVED AS TO FORM AND LEGALITY ON , 1999 UNDER
this day of , 1999. AGENDA ITEM NO.
FOLEY&LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments,personally appeared S. Scott Vandergrift and
Jean Grafton well known to me to be the Mayor and City Clerk, respectively, of the CITY OF
OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in them by said municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 19
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):
For Recording Purposes Only
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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LEGAL DESCRIPTION: (Easement for Tax Parcel 082)
That portion of the following described parcel of land that lies West of
the East line of Section 19, Township 22 South, Range 28 East, to wit:
Commence at a point on the East line of Section 19, Township 22 South.
Range 28 East, and the West right of way line of A.C.L. Railroad; thence
run N.35'38'41"W. a distance of 50.00 feet, to the Point of Beginning;
thence run N.54'21'19"E., 75 feet more or less, to a point on the West
right of way of Bulford Avenue; thence run 5.25'50'41"E. a distance of
20.30 feet; thence run 5.54'21'19"W., a distance of 71 feet more or
less to the aforementioned West right of way line of A.C.L. Railroad,
thence run N.35'38'41"W., along said right of way a distance of 20.00
feet to the Point of Beginning.
Prepared for:
TIME WARNER CABLE
Drown by:
I hereby certify that this sketch to accompany
DIALS legal description Is true and correct to the
best of my knowledge and belief and does not
Scale: represent a boundary survey.
railipbeLv At WPM Date: O
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embossed with the Professional Land Surve No. 2351 /
MAILING ADDRESS: P.O. BOX 542148 Surveyor's Seal /
98-249 MERRITT ISLAND. FL 32954 PHONE(407) 453-5820 State of Florida