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HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor and City Clerk to Execute the Non Exclusive Temporary Easement and the Non-Exclusive Perpetual Slope Easement Agreements Agenda 12-7-99 Item III B FOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO JACKSONVILLE I I 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)648-1743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE (407)423-7656 EMAIL 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, Assistant City Attorney 1A/Kb THROUGH: Paul E. Rosenthal, City Attorney DATE: November 29, 1999 RE: Maguire Road Widening Project Based on the Project design prepared by PEC, the City needs to acquire a Non-Exclusive Temporary Easement and a Non-Exclusive Perpetual Slope Easement Agreement from Elbert A. Hooks and Barbara N. Hooks, property owners along Maguire Road. Elbert A. Hooks and Barbara N. Hooks have agreed to grant this interest at no cost to the City. Attached are the original Non-Exclusive Temporary Easement Agreements and Non- Exclusive Perpetual Slope Easement Agreements which have been executed by Elbert A. Hooks and Barbara N. Hooks. City staff, however, recommends the payment of $250.00 to Mr. and Mrs. Hooks to cover their 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 and the Non-Exclusive Perpetual Slope Easement Agreement, authorizing execution thereof by the Mayor and City Clerk; and 2. The payment of $250.00 to Elbert A. Hooks and Barbara N. Hooks to cover their costs in reviewing and executing the agreements. cc: Ellis Shapiro, City Manager James W. Shira, P.E., City Engineer 006.162248.1 ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN, FRANKFURT, LONDON,SINGAPORE,STOCKHOLM AND STUTTGART TITS 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-3A& 3B NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made and entered into this day of _ 1999, by and between ELBERT A. & BARBARA N. HOOKS, whose address is 924 Maguire Road, Ocoee, FL 34761 (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 conveys 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. 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. 2 006.152838.1 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. 3- 006.152838.1 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: Print Name %e Y e.j c L. 3P.6 r e?Jfe// -%;-(5- 7 v' - ELBERT A. HOOKS Print Name( look/ c..-':- m- Leh/)Q M ..Yi`mac EQ- (g.a/jiCJCI4_,.� /! X.,4./9/6.v Print Name Te, e 5 c . B,-6 e e ' I BARBARA N. HOOKS Print Name ,-Too/2e- i)i e h m a/2 STATE OF Vit, /(c- , dc; COUNTY OF ,/'-', ( 1,�;F The foregoing instrument was acknowledged before me this ge Gi day of r) TV ' 1999, by ELBERT A. HOOKS. He is ❑ personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in,the County and State aforesaid this e C%r day of 11 w ' 1999. ( 'N ('L"�ec /22. cX, ( hi,/„ .—_ /NotaryL Public - c/0e-tC.l e. in. h e,I) /Y) O ✓l Print Name My Cp�y�y OFFICIAL �T JACKIE M LEHMAN 1 1 NOTARY PUBLIC STATE OF FLOC-•1,' ' y COMMISSION NO.CC.59-27 , i ± MY COMMISSION EXP.OCT :,....)4.1.1 006.152838.1 4 STATE OF rke) r, a/c, COUNTY OF �< <1 • �_ The foregoing instrument was acknowledged before me this ,v a day of hoz 1999, by BARBARA N. HOOKS. She is 2 personally known to me or ❑ has produced as identification. WITNESS my hand and official sea_in the County and State aforesaid this D 241 day of /) 4?), 1999. ` t �/ e /72. Notary Public fo n,�� e Yr.. I eA me h Print Name My Commission . •• . • OFFICIAL N• ARY SEAL JACKIE M LEHMAN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CC592738 MY COMMISSION EXP.OCT.13,2000 006.152838.1 5 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: 006.152838.1 6 Exhibit A LEGAL DESCRIPTION TCE-3A & 3B PaPPC I of 3 TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION (Temporary Construction Easement) PART A: A STRIP OF LAND LYING WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1836, PAGE 152, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE ABOVE REFERENCED LANDS WITH THE WESTERLY RIGHT—OF—WAY LINE OF MAGU/RE ROAD FOR A POINT OF REFERENCE, SAID POINT LYING 40.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 892825" WEST, ALONG THE SOUTH LINE OF SAID LANDS, 5.00 FEET TO A POINT LYING 5.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESTERLY RIGHT—OF—WAY LINE AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 8931'17" WEST, ALONG SAID SOUTH LINE, 5.00 FEET TO A POINT LYING 10.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESTERLY RIGHT—OF—WAY LINE; THENCE RUN NORTH 0028'43" WEST, PARALLEL WITH SAID WESTERLY RIGHT—OF—WAY LINE, 22.00 FEET; THENCE RUN NORTH 8931'17" EAST, 5.00 FEET TO A POINT LYING 5.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESTERLY RIGHT—OF—WAY LINE; THENCE RUN SOUTH 0028'43" EAST, PARALLEL W1TH SAID WESTERLY RIGHT—OF—WAY LINE, 22.00 FEET TO THE POINT OF BEGINNING; CONTAINING 110 SQUARE FEET, MORE OR LESS; PART B: A STRIP OF LAND LYING WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1836, PAGE 152, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE ABOVE REFERENCED LANDS WITH THE WESTERLY RIGHT—OF—WAY LINE OF MAGU/RE ROAD FOR A POINT OF REFERENCE, SAID POINT LYING 40.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 8928'25" WEST, ALONG THE SOUTH LINE OF SAID LANDS, 5.00 FEET TO A POINT LYING 5.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESTERLY RIGHT—OF—WAY LINE; THENCE RUN NORTH 0028'43" WEST, PARALLEL WITH SAID WESTERLY RIGHT—OF—WAY LINE, 69.79 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 8931'17" WEST, 5.00 FEET, TO A POINT LYING 10.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESTERLY RIGHT—OF—WAY LINE; THENCE RUN NORTH 0028'43" WEST, PARALLEL WITH SAID WESTERLY RIGHT—OF—WAY LINE, 19.84 FEET; THENCE RUN NORTH 8931'17" EAST, 5.00 FEET TO A POINT LYING 5.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESTERLY RIGHT—OF—WAY LINE; THENCE RUN SOUTH 0028'43" EAST, PARALLEL WITH SAID WESTERLY RIGHT—OF—WAY LINE, 19.84 FEET TO THE POINT OF BEGINNING; CONTAINING 99 SQUARE FEET, MORE OR LESS. N/A 10/12/1999 AMJ R£NSED LEGAL DESC IP110N&9(ETCN FB/PG DATE BY REVISION SHEET 1 OF 3 PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 Suite 1560 • Edo Pork Centre • 200 East Robinson Street • Orlando, Florida 32801 • 407/422-8062 SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST DATE 8-13-99 PREP BY: P.S. DRAWN BY: A.M.J. JOB NO: OE-331 • Exhibit A LEGAL DESCRIPTION TCE-3A & 3B TEMPORARY CONSTRUCTION EASEMENT Pages 2 of 3 SURVEYOR'S NOTES: (1) NO ABSTRACT FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS OF RECORD HAVE BEEN PROVIDED BY THIS FIRM. (2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING NORTH 0028'43" WEST. (3) THE "LEGAL DESCRIPT70N" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE CLIENT'S REQUEST. (4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH. (5) THE DELINEA770N OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS DAVID A. WHITE, P.S.M. FLORIDA REGISTRATION Na 4044 PROFESSIONAL ENGINEERING CONSULTANTS, INC. CERTIFICATE OF AUTHORIZATION NO. LB-3556 N/A 10/12/1999 AMJ I REVISED LEGAL OESCRFnCN 3 SKETCH FB/PO DATE BY REVISION SHEET 2 OF 3 PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 Suite 1560 • Edo Park Centre • 200 East Robinson Street • Orlando, lorido 32801 • 407/422-8062 SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST DATE 8-13-99 PREP BY: P.S. DRAWN BY: A.M.J. J06 NO: 0E-331 _ , L'XI11U1[A TCE-3A &3B Pages 3 of 3 LEGAL DESCRIPTION NE CORNER 3O 2NE21 4 8 TEMPORARY CONSTRUCTION EASEMENT ti N NOT PLATTED I ORB 3913, PG 1931 (.4 I r 2 2 "1 rTi O S 8928'25" W 40.00' 'i N LINE ORB 1836, PG 1521.-- m C4 Z L3 `! LINE TABLE LINE BEARING LENGTH I o Ll S8931'17"W 5.00' r v, L3 N89 3117 E 5.00 L2 N0028'43"W 19.84' P.0.B. , 99 SO.FT. PART "B 0 �, " n) L4 50028'43"E 19.84' L1 I Iv N L5 58978'25"W 5.00' w O L5 58928'25-W 5.00' I L6 NO028'431W 22.00' 00 ti m o SCALE L7 N89'31'17"E 5.00' I Z 0 0 1" = 20' L8 S0078'43"E 2200' �' c c o ti w o o � � w NOT PLATTED I a ORB 1836, PG 152 L I 22� o I0 co ,o 0 N co LEGEND L7 `° P.0.8. - PC/NT OF BEC/NN/NC 710 SQ.FT P.O.a - PCVNT OF COMMENCEMENT SEG - .SEcnON I RAY - RIGHT-OF-WAY N 1,- ORB `ORB - OFFICIAL RECORDS BOOK CO CO I PC - PACE 5.00' S LINE ORB 1836, PG 152 440.00' S 8928'25" W L5 P.O.B. P.O.C. NOT PLATTED PART A" rn ORB 4938, PG 558 I1 o I r SE CORNER N/A 10/12/1999 AAIJ REMSED LEGALCE5CRP1101&9CETO1 SHEETS 3 OF 3 1T1 SEC. 31-22-28 SEE SHEET 1 OF 2 FOR LEGAL FB/PG DATE BY REVISION DESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 Suits 1560 • (cola Park Centre • 200 East Robinson Street • Orlando. Florida 32801 • 407/422-8062 SECTION 31. TOWNSHIP 22 SOUTH, RANGE 28 EAST DATE 8-13-99 PREP BY: P.S. DRAWN BY: A.M.J. JOB NO: 0E-331 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 SE-2 NON-EXCLUSIVE PERPETUAL SLOPE EASEMENT AGREEMENT THIS NON-EXCLUSIVE PERPETUAL SLOPE EASEMENT AGREEMENT is made and entered into this _ day of 1999, by and between ELBERT A. HOOKS and BARBARA N. HOOKS, whose address is 924 Maguire Road, Ocoee, FL 34761 (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 perpetual slope 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 conveys to Grantee a non-exclusive perpetual slope 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. 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 purposes of Grantee, through itself, its agents, contractors, consultants, and employees constructing a side-slope to support the improvements to Maguire Road as part of the Maguire Road Widening Project, over, through, or under the Easement Property, with the privilege of entering upon said land for the purpose of maintaining, operating, and repairing said slope, together with the rights, easements, privileges, and appurtenances in or to said land which may be required for the full enjoyment of the rights herein granted. Section 5. For the full enjoyment of the rights granted herein, the Grantee shall have the further right to trim, cut, or remove trees, bushes, undergrowth, and other obstructions or improvements interfering with the location, construction, and maintenance of the slope improvements. Section 6. 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. Grantor, however, shall not construct, install, or place any improvements on, over, under, through, or across the Easement Property without the prior written consent of Grantee. Section 7. 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. Section 8. 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 9. 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. 006.152843.1 2 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: Print Name ter eso, L - Bro r al ti Elbert A. Hooks rC- ! r ��i ) CC l� . c.7)/( /1 I)!Cc Print Name Jo'e.k.,• e tn . . e h m 4 n Print Name Ie v e 5 I . 5rc ed�// Barbara N. Hooks arc_i f1/,`•F. /22 LXr }}r(G ,- Print Name . f a /4 ie m. b e h m� n STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 6/ day of 1999, by Elbert A. Hooks. He is El personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this day of r) 67/. 1999. Notary Public JQeL e 07 4-e4 rn h Print Name My Commission Ex sires: OFFICIAL NOTARY SEAL JACKIE M LEHMAN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CC592738 MY COMMISSION EXP.OCr.13,2000 006.152843.1 3 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of `)to 1999, by Barbara N. Hooks. She is © personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in the County and State aforesaid this �G day of n nJ 1999. l Notary Public c_-/t e, Yn Le/1 ma 11 Print Name My Commission Ex sires: OFFICIAL NOTARY SEAL JACKIE M LEHMAN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CC592738 MY COMMISSION EXP.OCT.13,2000 006.152843.1 4 • 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: 006.152843.1 5 EXHIBIT A LEGAL DESCRIPTION SE-2 SLOPE EASEMENT Page 1 of 2 LEGAL DESCRIPTION (Slope Easement) A STRIP OF LAND BEING THE WESTERLY 5.00 FEET OF THE EASTERLY 45.00 FEET OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 1836, PAGE 15Z PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID STRIP OF LAND BEING CONTIGUOUS WIN AND ADJACENT TO THE WESTERLY RIGHT—OF—WAY LINE OF MAGUIRE ROAD. CONTAINING 500 SQUARE FEET. MORE OR LESS. SURVEYORS NOTES: (1) THIS MAP OF BOUNDARY SURVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER IDENTIFIED BELOW. (2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 31. TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING NORTH 0028'43" WEST. (3) THE "LEGAL DESCRIPTION' HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE CLIENTS REQUEST. (4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH. (5) THE DEUNEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS. DAVID A. WHITE, P.S.M. FLORIDA REGISTRATION NO. 4044 PROFESSIONAL ENGINEERING CONSULTANTS, INC. CERTIFICATE OF AUTHORIZATION Na. LB—J556 SHEET t OF 2 PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 Sulto 1360 • Edo Po* Coning • 200 fast Robison Shoot • Orland^ Raids 3230/ • 407/422-0062 SECTION 31, TOWNSHIP 22r SOUTH, RANGE 28 EAST DATE 6-13-99 I PREP BY: P.S. 1 DRAWN BY: AAA. I JOB NO. 0E-331 EXHIBIT A LEGAL DESCRIPTION SE-2 Pane 2 of 2 SLOPE EASEMENT I NE CORNER OF NE 1/4 clif, OF SEC. 31-22-28 I o rn 5-,r' N 1.1 ='� o SCALE r- H^i 20 NOT PLATTED I n r- ORB 3913, PC 19312 N892825'£ A "' 0 o S 897825" W 5.00' 40.00' — N LINE ORB 1836, PG 152 2 S 500 S0.FT. Pin 4 N N 0 N NS 0 A NOT PLATTED * ^1 CI 020 ORB 1836, PG 152to C o4,3 � Ca O po 4 oa< foQaa; o � 0,3 CO q�531 O ti� S LINE ORB 1836, PG 152 40.00' S 897825' W N8928257'/ / 5.00' p NOT PLATTED A S ORB 4938, PG 558 In .i END I i s>r¢ - SWIMI rn SE CORNER � - RIQT- -WAY SEC. 31-22-28 ORO - C171a4L REGYM'aS eaca,' PC - PAX sarr. - sorc ar FEET • SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 541111 1560 • Ede Pat Cant, • 200 Cast Rabbaen Street • Wow* Arida 52801 • 407/422-8062 SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST DATE: 8-13-99 PREP BY: P.S. ] DRAM Br. A.Y.,L I ,IDB NO: DE-331