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Home My WebLink AboutIII (A) Approval and Authorization for the Mayor and City Clerk to Execute the Non Exclusive Temporary Easement Agreement with First Union National Bank and Authorization for Payment of $250.00 to Cover its Costs in Reviewing and Executing the Agreement Agenda 12-7-99 Item III A FOLEY & LARDNER ATTORNEYS AT L A/Qy�W ^nt'f 1 �] DENVER ORLANDO, FLORIDA 3280CHICAGO POST OFFICE BOX 2 I 2-V%ITU 1 1 fill 11 53 SACRAMENTO DIEGO JACKSONVILLE II I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 3280 I-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAMPA MILWAUKEE FACSIMILE: (407)648-I 743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE EMAIL (407)423-7656 ADDRESS CLIENT/MATTER NUMBER mdoty@foleylaw.com 020377-0284 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Esq., Assistant City Attorney��, THROUGH: Paul E. Rosenthal, City Attorney DATE: November 16, 1999 RE: Maguire Road Widening Project Based on the Project design prepared by PEC, the City needs to acquire a Non-Exclusive Temporary Easement from First Union National Bank, a property owner along Maguire Road. First Union National Bank has agreed to grant this interest at no cost to the City. Attached are the original First Union National Bank Non-Exclusive Temporary Easement Agreements which have been executed by First Union National Bank. City staff, however, recommends the payment of$250.00 to First Union National Bank to cover its costs incurred in reviewing and finalizing the agreements. RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners approve: 1. The Non-Exclusive Temporary Easement, authorizing execution thereof by the Mayor and City Clerk; and 2. The payment of$250.00 to First Union National Bank to cover its costs in reviewing and executing the agreement. cc: Ellis Shapiro, City Manager James W. Shira, P.E., City Engineer D 006.161170.1 CO ESTABLISHED 1 8 4 2 415 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT, LONDON,SINGAPORE,STOCKHOLM AND STUTTGART THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Mary A.Doty,Esq. FOLEY&LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 For Recording Purposes Only TCE - 34A NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made and entered into this day/of 1999, by and between FIRST UNION NATIONAL BANK SBA, whose address is 225 Water Street, Jacksonville, Florida 32202 (hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, FL 34761, (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Orange County, Florida, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Easement Property"); and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a non-exclusive temporary easement over, upon and across the Easement Property 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 Agreement and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells, and coveys to Grantee a non-exclusive temporary easement over, upon and across the Easement Property for the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions, and limitations set forth herein. 006.151752.1 Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor has fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-of-way of record, if any, and the Grantor has full power and authority to grant this Easement as to the Easement Property. Section 4. Grantee's use of the Easement Property shall be for the purpose of Grantee, through itself, its agents, contractors, consultants and employees: (a) performing such activities on the Easement Property as Grantee may deem reasonably necessary in connection with the design, engineering, and construction of improvements to a certain roadway known as Maguire Road which is located adjacent to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the Easement Property and the driveways, walkways, and other improvements thereon with the construction of the Maguire Road Widening Project (the "Project") undertaken by the City in conjunction with the aforesaid activities on the Easement Property. Notwithstanding the foregoing, this Easement is granted upon the condition that the sloping and/or grading upon the Easement Property shall not extend beyond the Easement Property and that all grading or sloping shall conform to all existing structural improvements within the Easement Property and all work will be performed in such a manner that existing structural improvements will not be damaged. Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its successors and assigns, the non-exclusive right to use, pass and repass over and upon the Easement Property. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement Property. Section 6. The Easement shall terminate upon the earlier of (a) the completion of the construction of the Project as certified by the City, or (b) December 31, 2001. Upon termination of the Easement, Grantee shall record a Notice of Termination in the Public Records of Orange County, Florida. Section 7. Grantee shall, at its sole cost and expense, restore any improvements on the Easement Property that are damaged by Grantee incident to its construction of the Project to a condition which approximates as closely as is reasonably practicable the condition of said improvements prior to being damaged by Grantee. Section 8. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. 006.151752.1 2 Section 9. To the extent that any rules, regulations or ordinances of the Grantee or any previously existing development approvals or any agreement between the Grantor (or its predecessors in interest) and the Grantee require that certain improvements, including but not limited to walls, signage, landscaping, irrigation and berming, be constructed or installed within all or any portion of the Easement Property, the Grantor agrees that it shall not construct or install any such improvements within the Easement Property until the earlier of (i) the date of termination of this Easement Agreement, or (ii) the written approval by the Grantee of a specific improvement within the Easement Property. The aforementioned restrictions may be waived by Grantee in whole or in part, at the Grantee's option. The Grantor may from time-to-time request the approval of Grantee to construct or install certain improvements within the Easement Property and Grantee covenants and agrees to grant such approval unless the Grantee makes a good faith determination that such improvement will interfere with the exercise by Grantee of its rights and privileges under the terms of this Easement Agreement. Grantee covenants and agrees that it will not defer or delay the issuance to Grantor of any building permits, certificates of completion or certificates of occupancy because of the inability of the Grantor to complete improvements within the Easement Property due to the restrictions imposed by this Easement Agreement; provided, however, that the Grantor shall, at Grantor's sole cost and expense, promptly complete any such deferred or delayed improvements upon the termination of this Easement Agreement or the waiver of such restriction by the Grantee. Nothing contained in this Section shall be construed to release or discharge the Grantor from any of its obligations and responsibilities with respect to improvements to be constructed or installed within the Easement Property. This Section is intended only to affect the timing of the Grantor's compliance with any such obligations and responsibilities. Section 10. The Easement 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. Section 11. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns. Section 12. Grantee shall provide reasonable notice to Grantor prior to the commencement of any construction within the Easement Property. Upon commencement of any said construction, Grantee agrees to diligently pursue said construction to completion. Section 13. Grantee shall at all times maintain reasonable access to the Easement Property, and will maintain the Easement Property in an orderly condition, free of debris and in a manner that does not interfere with Grantor's business operation or impair its use and enjoyment of the Easement Property. 006.151752.1 3 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. Signed, sealed and delivered GRANTOR: in the presence of: FIRST UNION NATIONAL BANK-OF Te4 &itt- Ft"(MUM- i Print Name Ta. e(A, Qct-- Name: IR,c_ckwtio Au iLt tiCE C52.NNA.1C-ixa. v Title: v i i 0 C7 Print Name-3-c4 v-.e M I--nueiSi?rl STATE OF rt--opi o R COUNTY OF D 4&t The foregoing instrument was acknowledged before me this 1Q44^ day of N ov c . bV 1999, by Qj z.t Pale,d as P of First Union National Bank of Florida. He/She isersonally known to me or ❑ 12 has produced �' as identification. WITNESS my hand and official seal in the County and State aforesaid this I ;141- day of N oVtwi,b.if 1999. C{1611L-e±tx-i. "la-LL6cLf4 Notary Public 0--f L Print Name My Commission Expires: e• •,�Maretta L Radford * *NN Commission CC794991 y,` +r'Expires January 8,2003 4 006.151752.1 Signed, sealed and delivered GRANTEE: in the presence of: CITY OF OCOEE, a Florida municipal corporation By: Print Name Name: S. Scott Vandergrift Title: Mayor Print Name Attest: Name: Jean Grafton Title: City Clerk [Affix 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 ON , 1999 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. . 1999. By: Foley & Lardner City Attorney STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 1999, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He is ❑ personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this day of 1999. Notary Public Print Name My Commission Expires: 006.151752.1 5 LEGAL DESCRIPTION (THIS IS NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT • TCE - 34A A STRIP OF LAND LYING IN SECTION J2. TONN9IIP 22 SOUTH, RANGE 28 EAST BEING A PORTION OF LOT 4, CPUS SOUTH ACCORDING TO THE PLAT THEREOF AS RECORDED IN PCAT BOOL JJ PACE 21 OF THE PUBLIC RECORDS OF ORANGE COUNTY FLORIDA, DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHNEST CORNER OF SAID LOT 4 FOR ME' PONT OF BEGINNING THENCE RUN NORTH 0078'4J NEST. ALONG THE NEST LINE OF SAID LOT 4, A DISTANCE OF Z00 FELT THENCE DEPARTING SAID NEST LINE RUN NORTH 894741'EAST, 3180 FEET,• THENCE RUN SOUTH 0078'43'EAST, Z00 FEET 10 THE SOUTH LINE OF SAID LOT 4; THENCE RUN SOUTH 894742' NEST, ALONG SAID SOUTH UNE OF LOT 4, A DISTANCE OF.7.180 FEET TO THE POINT OF BEGINNING THE ABOVE DESCRIBED STRIP OF LAND LIES IN THE CITY OF OCOEE ORANGE COUNTY, FLORIDA AND CONTAINS 2J7 SCUARE FEET, MORE OR LESS iI • S'URVEYCVi S NOTES (1) NO ABSTRACT FOR RIGHTS—OV-WAY, EASEMENTS, ONNERS?IIP OR OTHER INSTRUMENTS OF RECORD HAW BEEN PROVIDED 70 THIS FIRM. (2) BEARINGS SHOW HEREON ARE ASSUMED RELAIIW TO THE EAST RIGHT—OF— WAY LINE OF MAGUIRE ROAD BEING NORTH 007843' NEST. (3) THE 'LEGAL DESCRIPTION'HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE a1ENrS REQUEST. (4) THIS SXETC:/DOES NOT REPRESENT A FIELD SURVEY, AS SUCH. (5) THE DEUNEA nay OF LANDS SHORN HEREON IS AS PER THE CLIENT'S INSTRUCTIONS Q I— .. t4 1+. DAVID A. NHME. P.SM. FLORIDA REGISTRATION NO 4044 PROFESSIONAL EHG7NEERING CONSULTANTS INC CERTIFICATE OF AUIHORIZAnON NG LB—J5,56 SHEET 1 Or 2 PECPROFESSIONAL ENGINEERING CONSULTANTS, INC. ' engineers Planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 S.A. 1360 • Edo Pse Cwrr • 700 Eat ReSMww SYref • OAwe4 /brier .1210/ • 407/411-1011 • I SECTION 32. TOMRWSHIP 22 SOUTH. RANGE 28 EAST - LEGAL DESCn1PTION (THIS IS NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT TCE - 34A i i ISCALE I1• . 10' I I I i V Ij o j I3 LOT 4 1 OPUS SOUTH O PB.JJ, PG 21 p 1 W N 89'47'4211 E 11 80. W 4 la 2 2J7 ± SOd/ARE FEET Ve a kct S 8947142T W 1180' £LINE LOT 4 - O.B. i SW.CORN£R LOT 4 i i LOT 1 1 7------ OPUS SOUTH I PB.JJ, PG21 a I /NQ4£SS/E7,Y7£5S EASEMENT PER PLAT OR9.4994,PG2790 i i to W 6.03 I W R 2I a k1 ac et W CO IQ i N Li N 1 h i i Q W ....--) , ..d 0 I .E N 04 LO 1 r.at - PON1 or tvwwo X EL1�N r.:.1E RAV - A0/1-0-I1► t• /t - RA f SOaf eat - COMM ARMS ICKX /CM - Aux ry SHEET 2 Or 2 SEE SHEET 1 OF 2 FOR LEGAL OESCRPTION AND SURVEYORS NOTES PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC. Ingin4ers planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 Sure 1340 • [aro Ps* cam en • 700 Car Hewes sewer • osevee. "woe J7401 • 40F/I22-0062 SECTION 32. TOwNSIP 22 SOUTH. RANGE 25 EAST I DATE 7-22-IS10 MEP eY: &EA- DRAM err: S.E.1 1 .Oe N0: OC3.31-02001