HomeMy WebLinkAboutItem #04 Resolution - Ingram Trails Off-Site Easements
AGENDA ITEM COVER SHEET
Meeting Date: March 20, 2007
Item #
4
Reviewed By: ~ ~
Department Director: /1'//
City Manager: ~
Contact Name:
Contact Number:
Ryan P. Howard, E.1.
(407) 905-3100 ext. 1506
Subject: Adoption of Resolution for Ingram Trails Off-Site Easements
Background Summary:
The State of Florida is requiring that the City Commission adopt this Resolution as a condition of
crossing the West Orange Trail for off-site Ingram Trail easements. As provided in the easement
documents (and on the Ingram Trails FSP), these easements are for a pedestrian access, utility line
connection and for stormwater pipe purposes as they pertain to the West Orange Trail.
Issue:
The Engineering Department requests that the Mayor and City Commission adopt this resolution in
order to grant off-site Ingram Trail Easements.
Recommendations
City Staff recommends and authorizes the Mayor and City Clerk to execute the resolution and off-
site Ingram Trail easements.
Attachments:
Resolution, Off-site Ingram Trails Easements.
Financial Impact:
None
Type of Item:
D Public Hearing
D Ordinance First Reading
D Ordinance First Reading
D Resolution
~ Commission Approval
D Discussion & Direction
For Clerk's Deot Use:
D Consent Agenda
D Public Hearing
D Regular Agenda
D Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
IZI N/A
o N/A
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CAE 1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
EASEMENT
Easement Number 31531
THIS EASEMENT, made and entered into this _ day of
20_, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in
Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and
CITY OF OCOEE, FLORIDA hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described real
property, which is managed by State of Florida Department of Environmental
Protection, Office of Greenways and Trails, under Lease Number 4258; and
WHEREAS, GRANTEE desires an easement across the hereinafter described
real property for installation and maintenance of a utility line crossing,
pedestrian access and a storm water pipe; and
WHEREAS, the managing agency has agreed to the proposed use of this
land under this instrument.
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants
and agreements hereinafter contained, has granted, and by these presents does
grant, a non-exclusive easement unto GRANTEE over and across the following
described real property in Orange County, Florida, to-wit:
(See Exhibit "A" Attached)
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, Department of
Environmental Protection.
2. ~: The term of this easement shall be for a period of fifty years
commencing on
and ending on
with no option for renewal, unless sooner terminated pursuant to the
provisions of this easement.
3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the
installation and maintenance of a utility line crossing, pedestrian access,
and a storm water pipe upon and across the property described in Exhibit "A"
during the term of this easement. This easement shall be non-exclusive.
GRANTOR, retains the right to engage in any activities on, over, across or
below the easement area which do not unreasonably interfere with GRANTEE'S
exercise of this easement and further retains the right to grant compatible
uses to third parties during the term of this easement.
GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and
refuse resulting from the clearing of the land for the uses authorized
hereunder. If timber is removed in connection with clearing this easement,
the net proceeds derived from the sale of such timber shall accrue to
GRANTOR. GRANTEE shall take all reasonable precautions to control soil
erosion and to prevent any other degradation of the real property described
in Exhibit "An during the term of this easement. GRANTEE sh'all not remove
water from any source on this easement including, but not limited to, a
watercourse, reservoir, spring, or well, without the prior written approval
of GRANTOR. GRANTEE shall clear, remove and pick up all debris including,
but not limited to, containers, papers, discarded tools and trash foreign to
the work locations and dispose of the same in a satisfactory manner as to
leave the work locations clean and free of any such debris. GRANTEE, its
agents, successors, or assigns, shall not dispose of any contaminants
including but not limited to, hazardous or toxic substances, petroleum, fuel
oil, or petroleum by-products, chemicals or other agents produced or used in
GRANTEE'S operations, on this easement or on any adjacent state land or in
any manner not permitted by law. GRANTEE shall be liable for all costs
associated with any cleanup of the subject property which is a result of
GRANTEE'S operations and use of the subject property.
Upon termination or expiration of this easement GRANTEE shall restore
the lands over which this easement is granted to substantially the same
condition as existed on the effective date of this easement. GRANTEE agrees
that upon termination of this easement all authorization granted hereunder
shall cease and terminate.
If the lands described in Exhibit "A" are under lease to another
agency, GRANTEE shall obtain the consent of such agency prior to engaging in
any use of the real property authorized herein.
4. ASSIGNMENT: This easement shall not be assigned in whole or in part
without the prior written consent of GRANTOR. Any assignment made either in
whole or in part without the prior written consent of GRANTOR shall be void
and without legal effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents,
representatives or employees shall have the right at any and all times to
Page 2 of 13
Easement No. 31531
R/02l2004
inspect this easement and the works of GRANTEE in any matter pertaining to
this easement.
6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any
individual because of that individual's race, color, religion, sex, national
origin, age, handicaps, or marital status with respect to any activity
occurring within this easement or upon lands adjacent to and used as an
adjunct of this easement.
7. LLABILITY: Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any
party hereto, as provided in Section 768.28, Florida Statutes, as amended
from time to time, or any other law providing limitations on claims.
8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent
upon and subject to GRANTEE obtaining all applicable permits and complying
with all applicable permits, regulations, ordinances, rules, and laws of the
State of Florida or the United States or of any political subdivision or
agency of either.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no
way affects any of the parties' obligations pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the Department of State, Division of
Historical Resources.
10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
lands underlying this easement is held by GRANTOR. GRANTEE shall not do or
permit anything to be done which purports to create a lien or encumbrance of
any nature against the real property of GRANTOR including, but .not limited
to, mortgages or construction liens against the real property described in
Exhibit "A" or against any interest of GRANTOR therein.
11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of
this easement shall be ruled by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use
of any lands located waterward of the mean or ordinary high water line of any
Page 3 of I3
Easement No. 31531
R102/2004
~ake, river, stream, creek, bay, estuary, or other water body or the waters
or the air space thereabove.
13. ENTIRE UNDERSTANDING: This easement sets forth the entire
understanding between the parties and sha~~ on~y be amended with the prior
written approva~ of GRANTOR.
14. TIME: Time is expressly declared to be of the essence of this
easement.
15. RIGHT OF AUDIT: GRANTEE sha~~ make avai~ab~e to GRANTOR a~~ financia~
and other records re~ating to this easement and GRANTOR sha~~ have the right
to audit such records at any reasonable time during the term of this
easement. This right shal~ be continuous until this easement expires or is
terminated. This easement may be terminated by GRANTOR should GRANTEE fail
to a~~ow public access to a~~ documents, papers, ~etters or other materia~s
made or received in conjunction with this easement, pursuant to Chapter 119,
F~orida Statutes.
16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shal~ assume ful~
responsibi~ity for and sha~l pay a~~ liabilities that accrue to the easement
area or to the improvements thereon inc~uding any and a~l drainage and
special assessments or taxes of every kind and a~l mechanic's or
materia~man's liens which may be hereafter lawful~y assessed and levied
against this easement.
17. AUTOMATIC REVERSION: This easement is subject to an automatic
termination and reversion to GRANTOR when, in the opinion of GRANTOR, this
easement is not used for the purposes out~ined herein, and any costs or
expenses arising out of the imp~ementation of this c~ause shal~ be borne
comp~ete~y, wholly and entire~y by GRANTEE, inc~uding attorneys' fees.
18. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shal~ record
this fully executed easement in its entirety in the pub~ic records of the
county within which the easement site is ~ocated within fourteen days after
receipt, and sha~~ provide to the GRANTOR within ten days fo~~owing the
recordation a copy of the recorded easement in its entirety which contains
the O.R. Book and Pages at which the easement is recorded. Fai~ure to comp~y
with this paragraph shall constitute grounds for immediate termination of
this easement agreement at the option of the GRANTOR.
19. GOVERNING LAW: This easement shall be governed by and interpreted
according to the laws of the State of Florida.
Page 4 of 13
Easement No. 31531
R/02/2004
20. SECTION CAPTIONS: Articles, subsections and other captions contained
in this easement are for reference purposes only and are in no way intended
to describe, interpret, define or limit the scope, extent or intent of this
easement or any provisions thereof.
Page 5 of 13
Easement No. 31531
R/02/2004
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: (SEAL)
Witness GLORIA C. BARBER, OPERATIONS
AND MANAGEMENT CONSULTANT
Print/Type Witness Name MANAGER, BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, DEPARTMENT OF
Witness ENVIRONMENTAL PROTECTION
Print/Type Witness Name
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this _____ day of
, 20__, by Gloria C. Barber, Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, Florida Department of Environmental Protection, acting as an agent on
behalf of the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida. She is personally known to me.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
1Ipproved as to Form and Legality
By:
DEP Attorney
Page 6 of 13
Easement No. 31531
R/02/2004
CITY OF OCOEE, FLORIDA
By:
Witness
Print/Type Name
Print/Type Name
Witness
Title:
Print/Type Name
"GRANTEE"
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
2L,~ ,~
on behalf of the City of Ocoee, Florida. He/she is
personally known to me.
day of
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
Page 7 of 13
Easement No. 31531
R/02/2004
.....
SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION ( Pedestrian Easemen t ):
A parcel of land lying in Section 5, Township 22 South, Range 28 East, Orange County,
Florida.
Being more particularly described as follows:
COMMENCE at the Northeast corner of the Northeast 1/4 of aforesaid Section 5; thence run
North 85'35"19" West along the North line of said Northeast 1/4 for 0 distance of 1332.31
feet to the Northwest corner of the Northeast 1/4 of said Northeast 1/4 of Section 5;
thence departing said North line run South 02"01 "12" West along the West line of said
Northeast 1/4 of the Northeast 1/4 of Section 5 for a distance of 36.88 feet to the pain t
POINT OF BEGINNING, also being the point of intersection of the Southerly right-of-way line of
Ingram Rood per Official Records Book 3598, Page 1221 and the Easterly right-of-way line of
West Orange Rails to Trails per Official Records Book 5164, Page 1642 of the Public Records
of aforesaid Orange County, Florida; thence departing said Southerly. right-of-way line run
South 02"01"12:' West along said West line also being said Easterly right-of-way line for 0
distance of 4.17 feet; thence ,deporting said West line and said Easterly right-of-way line run
South 75'40"32" West for 0 distance of 34.19 feet; thence run North 14'19"28" West for 0
distance of 14.00 feet; thence run North 75'40"32" East for 0 distance of 31.76 feet to a
point on aforesaid Southerly right-of-way line of Ingram Road, also being a point on 0 non
tangent curve concave Northeasterly and having a radius of 150.00 feet; thence from a
tangent beoring of South 32'04'41" East run Southeasterly along said Southerly right-of-way
line through 0 central angle of 4'03"37" for on ore distance of 10.63 feet to aforesaid POINT
OF BEGINNING. .
Contains 0.011 acres more' or less.
'"
JOB NO.
SURVEYOR'S NOTES:
III Hil11lt
THIS IS NOT A SURVEY. '\\\\~ (Itf/
\\ '.I)'tS"' '
THIS SKETCH IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEA",OF'" 'l:L'Q/i!DI\ ftICtlj$E6'"
SURVEYOR AND MAPPER. ~ to."'.. . . r .~
~ ... . 'I fh' ,,-,
BEARINGS SHOWN HEREON ARE BASED ON THE NORTH UNE OF THE NORTHEAsT ~t.~_qflE ~~AiT . S
'/4 OF SECTION 5-22-28 AS BEING AN ASSUMED BEARING OF S 85'35'19~..: r < .1"':1- '" l< ::.
oJ'" .. _
,FOR 'rHE UC sfu BUSlj"ESS i: 6~3 BY:
-:;-. S'p,HQ :,~';~
J' /." .. "1r ~;;
~ ,J" ,t~ \\\-~ ..... ~ :;'
r;... ""... ... ,," .",. ..:.
tl'.... .....~ ~ f.......... f ~, ....-;;.
~ . IllKlJI P,S.: I 5633
(II t I I i ~ \ ~ It ~ \,'
skI
24033
CALCULATED. BY: JLR
DATE:
. 94-05
DRAWN BY:
PJR
16 East P ant Street
1111.. Co-dOl, flcrilo Jl181 , ( 401 ) &51 5.l5l
SCALE:
I' . 20 FEET
CHECKED BY:
JlR
FIELD BY:
NIA
Exhibit A
Page 8 of 13
Easement No, 31531
SKETCH OF DESCRIPTION
SHEET 2 OF 2
PEDESTRIAN EASEMENT
\
"
~
~
\
\
\
"
~\ NORTHERLY RIGHT-Of-WAY
/ LINE Of INGRAM ROAO
/ PER O.R.3596. PG.1221
. \
NORTHWEST CORNER Of THE
fNORTHEAST 1/4 Of \
\ NORTHEAST 1/4 Of
SECTION 5- 22- 26
N 65'35'19" W
\
POINT OF
COMMENCEMENT
NORTHEAST CORNER Of
NORTHEAST 1/4 Of
SECTION 5- 22- 26
\
'\
SOUTHERLY RIGHT-Of-WAY / \
LINE Of INGRAM ROAD \
PER O.R.3596, PG.1221
io
co
<0
..,
\
- \ 1332.31'
NORTH LINE Of THE 7 '\ ~
NORTHEAST 1/4 Of
NORTHEAST 1/4 Of
SECTION 5-22-26
;0,
'\
~
i
~
~'"
N
.
'"
VI ti
-l lL
< ;i
cr VI on
W-loi
<:J-d
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<l: g: It
cr >-
00 ~
I--- I
I--- ~
VI I
~ ~
iE
b
on
6'0_
17Q
>$-)'-
POINT OF" '0-" q.,Q
BEGINNING ~'~ 1ll-'1.
POINT Of INTERSECTION Of )- '1,
SOUTHERLY. RIGHT-Of-WAY ..o~ ~O'
LINE INGRAM ROAD ..p ""
EASTERLY RIGHT-Of-WAY 0> 01()
. '\ LINE WEST ORANGE RAILS TO TRAILS (" '\ '~.Js:
'\ ~ ~..o
"\. ~?
% ':>"'...
.~I ~" "~ ~ UNE ~~~,: ABLE BEN"NG
-NORTHEAST 1/4 Of 11 4,17' S02'Ol'12"W
NORTHEAST 1/4 Of
I SECTION 5-22-26 L2 34.19' S75'40'32"W
L3 14.00' N14'19'2B"W
I L4 31.76' N75'40'32"E
"
rEASTERLY RIGHT-Of-WAY
50' RIGHT-Of-WAY
PER O.R.5164, PG.1M2
JOB NO. 24033 CALCULA TED BY: JLR
DATE: 9-4-05 DRAWN BY: PJR
SCALE: '" =20 fEET CHECKED BY: JLR
16 East Pant Street N/A
lfinl~ Clrdlll, flaido J4781' ( 107 ) 651 5.l55 fiELD BY:
CURVE
Cl
TANGE:NT BEARING
S 32'04'41" E
THIS IS NOT A SURVEY:
@ DENOTES CHANGE IN DIRECTION
'!fW DENOTES RIGHT-Of-WAY
'{ DENOTES CENTERLINE
P.C. DENOTES POINT Of CURVATURE
P.T. DENOTES POINT Of TANGENCY
P.R.C, DENOTES POINT Of REVERSE CURVATURE
P.C.C. DENOTES POINT Of COMPOUND CURVATURE
skI
Exhibit A
Page 9 of 13
Easement No. 31531
SKETCH
OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION ( Drainage Easement ):
A parcel of land lying in Section 5, Township 22 South, Range 28 East, Orange County, Florida.
Being more particularl y described as follows:
COMMENCE at the Northeast corner of the Nartheast 1/4 of aforesaid Section 5; thence run
North 85'35"19" West along the North line of said Northeast 1/4 for 0 distance of 1332.31 feet
to the Northwest carner of the Northeast 1/4 of said Northeast 1/4 of Section 5; thence
deporting said North line run South 02'01 "12" West along the West line of said Northeast 1/4
of the Northeast 1/4 of Section 5 for 0 distance of 36.88 feet to the point of intersection
of the Southerly right-'of-way line of Ingram Road per Official Records Book 3598, Page 1221
and the Easterly right-of-way line of West Orange Rails to Trails per Official Records Book
5164, Page 1642 of the Public Records of aforesaid Orange County, Florida, also being a point
on a non tangent curve compound Northeasterly and having a radius of 150.00 feet; thence
from a tangent bearing of South 36'08'18" East run Southeasterly along said Southerly
right-of-way and said curve through a central angle of 10'16'16" far an arc distance of 26.89
feet to a point of tangency; thence continuing along said Southerly right-of-way line run
South 46'24'33" East for a distance of 1535.96 feet; thence run South 48'52'49" West for a
distance of 5.41 feet to a point on a non tangent curve concave Southwesterly and having a
radius of 466.00 feet; thence from a tangent bearing of South 41'07'11" East run
Southeasterly along said Southerly right-of-way line through a central angle of 17"01'17" far an
arc distance of 138.44 feet ta a point on the Northerly line of an Orange Counly, Florida
parcel of land per Official Records Book 4556, Page 510 of aforesaid Public Records of
aforesaid Orange County, Florida, also being a point on a non tangent curve concave
Southeasterly and having a radius of 1701.20 feet; thence from a tangent bearing of South
59'40' 44" West run Southwesterly along said. curve through a central angle of 1'19'39" for an
arc distance of 39.41 feet; thence continuing along said Northerly line run South 73'32'07"
West for a distance of 100.71 feet to the POINT OF BEGINNING; thence departing said Nartherly
line run South 00'05'36" East far a distance of 44.00 feet; thence run South 89'54'24" West
for a distance of 15.00 feet; thence run North 00'05'36" West for a distance of 39.59 feet;
thence run North 73'32'07" East for a distance of 15.63 feet to aforesaid POINT OF BEGINNING.
Contains 0.014 acres mare ar less.
JOB NO 24033 CALCULATED' BY' ....R
OAT!:' 9- 4-05 DRAWN BY, PJR
SCALE: I" - 20 rEET CHECKED BY: ....R
16 East Pant Street N/A
IMI. C<<d... n.id, J4181' ( 401 ) 6\11lII fiELD BY,
SURVEYOR'S NOTES: sk2
THIS IS NOT A SURVEY. . \\\\lll III1HltIJ(/
THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL ~'* rb,Q~'d)l>lIilt~sro' '''I
SURVEYOR AND MAPPER. $' ,~"",""'" .:7r.... ":,.
BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE or THE NORTHEAS~/.4~ t~Ni:Mffi'~1-'~ ':";.
1/4 or SECTION 5-22-2B AS BEING AN ASSUMED BEARING or S BS'35"9', r.S' .....~. <.; . ..:, ". ;<<'~
:eUSINESS j. 6.v~y:
"',\Tt of ..::~2
i, .... <)~.. ..0,,:; ~~
.-.' ~. ....,....
Exhibit A
Page 10 of 13
Easement No, 31531
SKETCH OF DESCRIPTION
SHEET 2 OF 2
DRAINAGE EASEMENT
NORTHWEST CORNER OF
NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF
SECTION 5-22-28
WEST LINE OF THE
NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF
SECTION 5-22-28
N~S'19" W
NORTH L1: THE 7
. NORTHEAST 1/4 OF
SECTION 5- 22- 28
RM1S0.00'/
L-26.89'
&-1016'16"
T.B.-S 36'08'18" E
SOUTHERLY RIGHT-OF-WAY
LINE Of INGRAM ROAD
PER 0.R.3598, PG.1221
R-466.00'
L-138.44'
6 -17'01'17"
T.B.-S 41'07'11" E
~NORTHERLY LINE OF
ORANGE COUNTY PARCEL
PER 0.R.4SS6. PG.Sl0
POINT OF BEGINNING
r")
--'
::i
L2
THIS IS NOT A SURVEY:
--.!.JJ2.J~
POINT OF COMMENC::J
NORTHEAST CORNER OF
NORTHEAST 1/4 OF
SECTION S-22~28
LINE
11
L2
L3
L4
LINE TABLE
LENGTH
44,00'
15.00'
39,59'
15.63'
J POINT OF INTERSECTION Of THE
~SOUTHERLY RIGHT-OF-WAY LINE or
INGRAM ROAD PER 0.R.3598, PG.1221
/, ANO THE EASTERLY RIGHT-Or-WAY
~,... LINE OF WEST DRANGE RAILS TO TRAILS
"1> PER 0.R.SI64, PG. 1642
...,~
110
d',.~, '10
's "....
U-'" .1,-,.
'.96'. f'
~
BEARING
500'05'36"E
S89'S4'24"W
NOO'05'36"W
N73'32'07"E
@ DENOTES CHANGE IN OIRECTlON
R.!W DENOTES RIGHT -OF - WAY
If DENOTES CENTERLINE
P.C. DENOTES POINT OF CURVATURE
P.T. DENOTES POINT OF TANGENCY
P.R.C. DENOTES POINT or REVERSE CURVATURE
OENOTES CHANGE IN OIRECTlON, NO CORNER SET
JOB NO. 24033 CALCULATED BY: JLR
DATE: 9-4-05 DRAWN BY: PJR
SCALE: ," - 2D fEET CHECKED BY: JLR
16 East Pont Steee t N/A
Yml~ Caden, l1<<iIo Jl781' ( 101 ) 65! 5355 FIELD BY:
Exhibit A
Page 11 of 13
Easement No. 31531
sk2
/.
, SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION ( Utility Easement ):
A parcel of land lying in Section 5, Township 22 South, Range 28 East, Orange County, Florida.
Being more particularly described as follows:
COMMENCE at the Northeast corner of the Northeast 1/4 af aforesaid Section 5; thence run
North 85'35"19" West along the North line of said Northeast 1/4 for a distance of 1332.31 feet
to the Northwest corner of the Northeast 1/4 of said Northeast 1 /4 of Section 5; thence
departing said North line run South 02'01 "12" West along the West line of said Northeast 1/4 of
the Northeast 1/4 of Section 5 for a distance of 36.88 feet to the point of intersection of the
Southerly right-of-way line of Ingram Road per Official Records Book 3598, Page 1221 and the
Easterly right-ot-way line ot West Orange Roils to Trails per Officiol Records Book 5164, Page
1642 of the Public Records of aforesaid Orange County, Florida, also being a point on a non
tangent curve compound Northeasterly and having a radius of 150.00 feet; thence from a.
tangent bearing of South 36'08'18" East run Southeasterly along said Southerly right-of-way and
said curve through a central angle of 10'16'16" for an arc distance of 26.89 feet to a point of
tangency; thence continuing along said Southerly right-of-way line run South 46'24'33" East for
a distance of 1535.96 feet; thence run South 48'52'49" West for a distance of 5.41 feet to a
point on a non tangent curve concave Southwesterly and having a radius of 466.00 feet; thence
from 0 tangent bearing of South 41'07'11" East run Southeasterly along said Southerly
right-of-way line through a central angle of 17'01 '17" far an arc distance af 138.44 feet to a
point on the Northerly line of an Orange County, Florida parcel of land per Official Records
Book 4556, Page 510 of aforesaid Public Recards of aforesaid Orange County, Florida, also being
a point on a non tangent curve concave Southeasterly and having a radius .of 1701.20 feet;
thence from a' tangent bearing of South 59'40'44" West run Southwesterly along said curve
through a central angle of 1'19'39" for an arc distance of 39.41 feet; thence continuing along
said Northerly line run South 73'32'07" West for a distance of 465.46 feet to 0 point on the
Northerly right-of-way line of West Orange Rails To Trails per Official Records Book 4683, Page
4776, aforesaid Public Records of Orange County, Florida; thence departing said Northerly line
run North 86.57'26" West along said Northerly right-of-way line for a distance of 298.16 feet
to. the POINT OF BEGINNING; thence departing said Northerly right-of-way line run South
02'01'12" West for a distance of 50.00 feet; thence run North 86'57'26" West far 0 distance of
15.00 feet; thence run North 02'01'12" East for a distance of 50.00 feet to a point on
aforesaid Northerly right-of-way line; thence run South 86'57'26" East along said Northerly
right-of-way line for a distance of 15.00 feet to aforesaid POINT OF BEGINNING.
Contains 0.017 acres more or less.
\..
SURVEYOR'S NOTES: ok3
\'nUlllltltt
THIS IS NOT A SURVEY. ...:.....\\ 1 '.l'~ .~. IJII'?,
THIS SKETCH IS NOT VAllO Y.lTHOUT THE SIGNATURE ANO ORIGINAL RAISED SEAL rj:o'A fl.OR\b.\:llctiQs~\l- "-;,
SURVEYOR AND MAPPER. ~ ...:'-.... , . : ..,? '"'->
BEARINGS SHOWN HEREON ARE BASEO ON THE NORTH LINE OF THE NORTHEAS~ I~ '{.i!W Nbk'rflg"~T''- -:';.
1/4 or SECTION 5-22-28 AS BEING AN ASSUMED BEARING OF S 85'.35'19" t~ :. ",'" 5~ J ~ .-..~. ~ ~
JOB NO. 24033 CALCULA TED BY: JLR SINE? ':6~3:iy:
OATE: 9-4-05 DRAWN BY: PJR :;. ;. --!; [. ~ /}i fj
I" ~ 20 FEET l.o"'\'> ....." $
CHECKED BY: JLR '.. . ..~.....I \ "" \.~~.
.t;",,\'1 "56JJ
..-.1....\
N/A
SCALE:
fiELD BY:
Exhibit A
Page 12 of 13
Easement No. 31531
SKETCH OF DESCRIPTION
SHEET 2 OF 2
UTILITY EASEMENT
N
o
o
o
l{)
w
N
:-
P
N
o
z
NORTH LINE OF THE
NORTHEAST 1/4 OF
SECTION S-22-28
_ 1332.31'
NORTHWEST CORNER OF
NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF
SECTION S-22-28
N 8S'3S'i9" W
--:.
;0
POINT OF COMMENCEMENT)
NORTHEAST CORNER OF
NORTHEAST 1/4 OF
SECTION S~ 2 2- 28
WEST LINE OF THE
NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF
SECTION S-22-28
~~~
j5.o
",,",
o
<n
POINT OF INTERSECTION OF THE
SOUTHERLY RICHT-OF-WAY LINE OF __
INGRAM ROAD PER 0.R,3598, PG.1 C21
ANO THE EASTERLY RIGHT-OF-WAY
LINE OF WEST ORANGE RAILS TO TRAILS
PER 0.R.SI64, PG. 1642
L2
R-466.00'
L-138.44'
A -17'01'17"
T.8.-S 41'07'11" E
R-1SO.00'/
L-26.89'
A-IO'16'16"
T.B.-S 36'08'18" E
SOUTHERLY RIGHT-QF"-WAY
LINE OF INGRAM ROAD
PER 0.R.3S98, PG.1221
NORTHERLY RIGHT-OF-WAY LINE OF
WEST ORANGE RAILS TO TRAILS
PER 0.R.4683, PG.4776
N 86'S7'26" W
-296.16'
~NORTHERLY LINE OF
ORANGE COUNTY PARCEL
PER 0.R,45S6. PG.Sl0
POINT OF BEGINNING
S:
N
BEARING
N86'57'26"W
586'57'26"E
;:-
15
N
o
Vl
LINE
L1
L2
11
THIS IS NOT A SURVEY:
@ OENOTES CHANGE IN DIRECTION
RjW OENOTES RIGHT-OF-WAY
If:. DENOTES CENTERLINE
P,C. DENOTES POINT OF CURVATURE
P. T. OENOTES POINT OF TANGENCY
P.R.C. DENOTES POINT OF REVERSE CURVATURE
DENOTES CHANGE IN DIRECTION, NO CORNER SET
sk3
JOB NO. 24033 CALCULA TEO BY: JLR
DATE: 9-4-05 DRAWN BY: PJR
SCALE: I" - 20 FEET CHECKED BY: JLR
16 East Pant Street N/A
Iill. Cardln,flailo 1I787' (407) 1515J55 FIELD BY:
Exhibit A
Page 13 of 13
Easement No. 31531
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ACCEPTING FROM THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA CERTAIN NON-EXCLUSIVE
EASEMENTS OVER AND ACROSS A PORTION OF THE
WEST ORANGE TRAIL FOR UTILITY LINE CROSSING,
PEDESTRIAN ACCESS, AND STORMW ATER PIPE
PURPOSES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to obtain easements
for utility line crossing, pedestrian access and stormwater pipe purposes over and across portions of
the West Orange Trail; and
WHEREAS, the Board of Trustees of the Internal Trust Fund of the State of Florida
(the "State") has agreed to grant easements over and across portions of the West Orange Trail in
accordance with Easement Agreement No. 31531, a copy of which is attached hereto as Exhibit
"A" (the "Easement Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authority. The City Commission of the City ofOcoee has
the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2.
Acceptance of Easement. The City Commission of the
City of Ocoee hereby approves the Easement Agreement and accepts the grant of easements from
the State as set forth in the Easement Agreement.
ORLA_ 439010.1
SECTION 3.
Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity ofthe remaining portion hereto.
SECTION 4.
Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this _ day of
, 2007.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this _ day of , 2007.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_ 439010.1
-2-
EXHIBIT" A"
(The "Easement A2reement")
[SEE ATTACHED SHEETSl
ORLA_ 439010.1
-3-
OAE1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
EASEMENT
Easement Number 31531
THIS EASEMENT, made and entered into this
day of
20___, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in
Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and
CITY OF OCOEE, FLORIDA hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of the hereinafter described real
property, which is managed by State of Florida Department of Environmental
Protection, Office of Greenways and Trails, under Lease Number 4258; and
WHEREAS, GRANTEE desires an easement across the hereinafter described
real property for installation and maintenance of a utility line crossing,
pedestrian access and a storm water pipe; and
WHEREAS, the managing agency has agreed to the proposed use of this
land under this instrument.
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants
and agreements hereinafter contained, has granted, and by these presents does
grant, a non-exclusive easement unto GRANTEE over and across the following
described real property in Orange County, Florida, to-wit:
(See Exhibit "A" Attached)
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, Department of
Environmental Protection.
2. TERM: The term of this easement shall be for a period of fifty years
commencing on
and ending on
with no option for renewal, unless sooner terminated pursuant to the
provisions of this easement.
3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the
installation and maintenance of a utility line crossing, pedestrian access,
and a storm water pipe upon and across the property described in Exhibit "A"
during the term of this easement. This easement shall be non-exclusive.
GRANTOR, retains the right to engage in any activities on, over, across or
below the easement area which do not unreasonably interfere with GRANTEE'S
exercise of this easement and further retains the right to grant compatible
uses to third parties during the term of this easement.
GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and
refuse resulting from the clearing of the land for the uses authorized
hereunder. If timber is removed in connection with clearing this easement,
the net proceeds derived from the sale of such timber shall accrue to
GRANTOR. GRANTEE shall take all reasonable precautions to control soil
erosion and to prevent any other degradation of the real property described
in Exhibit "A" during the term of this easement. GRANTEE shall not remove
water from any source on this easement including, but not limited to, a
watercourse, reservoir, spring, or well, without the prior written approval
of GRANTOR. GRANTEE shall clear, remove and pick up all debris including,
but not limited to, containers, papers, discarded tools and trash foreign to
the work locations and dispose of the same in a satisfactory manner as to
leave the work locations clean and free of any such debris. GRANTEE, its
agents, successors, or assigns, shall not dispose of any contaminants
including but not limited to, hazardous or toxic substances, petroleum, fuel
oil, or petroleum by-products, chemicals or other agents produced or used in
GRANTEE'S operations, on this easement or on any adjacent state land or in
any manner not permitted by law. GRANTEE shall be liable for all costs
associated with any cleanup of the subject property which is a result of
GRANTEE'S operations and use of the subject property.
Upon termination or expiration of this easement GRANTEE shall restore
the lands over which this easement is granted to substantially the same
condition as existed on the effective date of this easement. GRANTEE agrees
that upon termination of this easement all authorization granted hereunder
shall cease and terminate.
If the lands described in Exhibit "A" are under lease to another
agency, GRANTEE shall obtain the consent of such agency prior to engaging in
any use of the real property authorized herein.
4. ASSIGNMENT: This easement shall not be assigned in whole or in part
without the prior written consent of GRANTOR. Any assignment made either in
whole or in part without the prior written consent of GRANTOR shall be void
and without legal effect.
5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents,
representatives or employees shall have the right at any and all times to
Page 2 of 13
Easement No. 31531
R/02/2004
inspect this easement and the works of GRANTEE in any matter pertaining to
this easement.
6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any
individual because of that individual's race, color, religion, sex, national
origin, age, handicaps, or marital status with respect to any activity
occurring within this easement or upon lands adjacent to and used as an
adjunct of this easement.
7. LIABILITY: Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any
party hereto, as provided in Section 768.28, Florida Statutes, as amended
from time to time, or any other law providing limitations on claims.
8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent
upon and subject to GRANTEE obtaining all applicable permits and complying
with all applicable permits, regulations, ordinances, rules, and laws of the
State of Florida or the United States or of any political subdivision or
agency of either.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no
way affects any of the parties' obligations pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the Department of State, Division of
Historical Resources.
10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
lands underlying this easement is held by GRANTOR. GRANTEE shall not do or
permit anything to be done which purports to create a lien or encumbrance of
any nature against the real property of GRANTOR including, but not limited
to, mortgages or construction liens against the real property described in
Exhibit ~A" or against any interest of GRANTOR therein.
11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of
this easement shall be ruled by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use
of any lands located waterward of the mean or ordinary high water line of any
Page 3 of 13
Easement No. 31531
R/02/2004
lake, river, stream, creek, bay, estuary, or other water body or the waters
or the air space thereabove.
13. ENTIRE UNDERSTANDING: This easement sets forth the entire
understanding between the parties and shall only be amended with the prior
written approval of GRANTOR.
14. TIME: Time is expressly declared to be of the essence of this
easement.
15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial
and other records relating to this easement and GRANTOR shall have the right
to audit such records at any reasonable time during the term of this
easement. This right shall be continuous until this easement expires or is
terminated. This easement may be terminated by GRANTOR should GRANTEE fail
to allow public access to all documents, papers, letters or other materials
made or received in conjunction with this easement, pursuant to Chapter 119,
Florida Statutes.
16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full
responsibility for and shall pay all liabilities that accrue to the easement
area or to the improvements thereon including any and all drainage and
special assessments or taxes of every kind and all mechanic's or
materialman's liens which may be hereafter lawfully assessed and levied
against this easement.
17. AUTOMATIC REVERSION: This easement is subject to an automatic
termination and reversion to GRANTOR when, in the opinion of GRANTOR, this
easement is not used for the purposes outlined herein, and any costs or
expenses arising out of the implementation of this clause shall be borne
completely, wholly and entirely by GRANTEE, including attorneys' fees.
18. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record
this fully executed easement in its entirety in the public records of the
county within which the easement site is located within fourteen days after
receipt, and shall provide to the GRANTOR within ten days following the
recordation a copy of the recorded easement in its entirety which contains
the O.R. Book and Pages at which the easement is recorded. Failure to comply
with this paragraph shall constitute grounds for immediate termination of
this easement agreement at the option of the GRANTOR.
19. GOVERNING LAW: This easement shall be governed by and interpreted
according to the laws of the State of Florida.
Page 4 of 13
Easement No. 31531
R/02/2004
20. SECTION CAPTIONS: Articles, subsections and other captions contained
in this easement are for reference purposes only and are in no way intended
to describe, interpret, define or limit the scope, extent or intent of this
easement or any provisions thereof.
Page 5 of 13
Easement No. 31531
R/02/2004
IN WITNESS WHEREOF, the parties have caused this easement to
be executed the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: (SEAL)
Witness GLORIA C. BARBER, OPERATIONS
AND MANAGEMENT CONSULTANT
Print/Type Witness Name MANAGER, BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, DEPARTMENT OF
Witness ENVIRONMENTAL PROTECTION
Print/Type Witness Name
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
, 20__, by Gloria C. Barber, Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, Florida Department of Environmental Protection, acting as an agent on
behalf of the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida. She is personally known to me.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
Approved as to Form and Legali ty
By:
DEP Attorney
Page 6 of 13
Easement No. 31531
R102/2004
CITY OF OCOEE, FLORIDA
By:
Witness
Print/Type Name
Print/Type Name
Witness
Title:
Print/Type Name
"GRANTEE"
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
2~,~ ,~
on behalf of the City of Ocoee, Florida. He/she is
personally known to me.
day of
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
Page 7 of 13
Easement No. 31531
RJ02/2004
......
SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION ( Pedestrian Easemen t ):
A parcel of land lying in Section 5, Township 22 South, Range 28 East, Orange County,
Florida.
Being more particularly described os follows:
COMMENCE at the Northeast corner of the Northeast 1/4 of aforesaid Section 5; thence run
North 85035"19" West along the North line of said Northeast 1/4 for 0 distance of 1332.31
feet to the Northwest corner of the Northeast 1/4 of said Northeast 1/4 of Section 5;
thence deporting said North line run South 02001"12" West along the West line of said
Northeast 1 /4 of the Northeast 1/4 of Section 5 for 0 distance of 36.88 feet to the Pbin t
POINT OF BEGINNING. also being the point of intersection of the Southerly right-of-way line of
Ingram Rood per Official Records Book 3598, Page 1221 and the Easterly right-of-way line of
West Orange Roils to Trails per Official Records Book 5164. Page 1642 of the Public Records
of aforesaid Orange County, Florida; thence deporting said Southerly right-of-way line run
South 02001"12" West along said West line also being said Easterly right-of-way line for 0
distance of 4.17 feet; thence ,deporting said West line and said Easterly right-of-way line run
South 75040"32" West for 0 distance of 34.19 feet; thence run North l4019"28" West for 0
distance' of 14.00 feet; thence run North 75040"32" East for 0 distance of 31.76 feet to 0
point on aforesaid Southerly right-of-way line of Ingram Road, also being 0 point on a non
tangent curve concave Northeasterly and having a radius of 150.00 feet; thence from a
tangent bearing of South 32004'41" East run Southeasterly along said Southerly right-of-way
line through a central angle of 4003"37" for on arc distance of 10.63 feet to aforesaid POINT,
OF BEGINNING. '
Contains 0.011 acres more' or less.
SURVEYOR'S NOTES: 'sk1
, 'tlllHf1'l/1
THIS IS NOT A SURVEY. ,,\\\ "ftll
THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SE~~ii~"", ~;;M5/tiCoo~6'""
SURVEYOR AND MAPPER. ~ ,(.~~" . . " ",r ',-:,.
BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE NORrHE~ ~"';'~:.?r~l ~~At; ..~.
1/4.0F SECTION 5-22-28 AS BEING AN ASSUMED BEARING OF S 8S'3S'19S. '. _'" :;: ~
~... S5$.:t}.>-;:
JOB NO. 24033 CALCULATED BY: JLR
DATE: . 9-4-05 DRAWN BY: PJR
SCALE: 1" - 20 FEET CHECKED BY: JLR
16 East Pant Street N/A
Willer G<rdm, FkriIa J4 787 I ( 407 ) 654 5J55 FIELD BY:
Exhibit A
Page 8 of 13
Easement No. 31531
S'KETCH 'OF DESCRIPTION
'SHEET 2 OF 2
PEDESTRIAN EASEMENT
\
';Xl
......
:i:
~
\
\
\
';Xl
......
:i:
\ NORTHERLY RIGHT-OF-WAY
. ./ LINE Of INGRAM ROAD
/ PER O.R.3598, PG.1221
. \
NORTHWEST CORNER Of THE
fNORTHEAST 1/4 Of \
\ NORTHEAST 1/4 Of
SECTION 5-22-28
.- N 85'35'19" W
\
POINT OF
COMMENCEMENT
NORTHEAST CORNER OF
NORTHEAST 1/4 OF
SECTION 5-22-28
\
.\
SOUTHERLY RIGHT-Of-WAY / \
LINE OF INGRAM ROAD \
PER O.R.3598, PG.1221
~
""
'"
'"
.
10
Ul c.:i
..J a..
<{ ;i
a:: Ul :n
W..Jcr
<.:>_0
Z<{o:
<( fE !t
a:: >-
00 ~
I- I
I- 15
Ul I
W 5:
S: ~
b
on
~
""
r
6'0,
~Q
~'"
POINT OF" 'o.<-q,Q
BEGINNING ~'~ ~-t
POINT OF INTERSECTION Of )- '4,
SOUTHERLY RIGHT-OF - WA Y ~..<:'I ~O
LINE INGRAM ROAD or '..d
EASTERLY RIGHT-OF-WAY (/l 0 "y()
. '\ LINE WEST ORANGE RAILS TO TRAILS (;" '~u's:
'\ ~
~ '.()
~ .' ~ .10202.1
~
~,,~, ~
NORTHEAST 1/4 OF
NORTHEAST 1/4 OF
SECTION 5-22-28
- \ 1332.31'
NORTH LINE OF THE J '\ ~.
NORTHEAST 1/4 OF
NORTHEAST 1/4 OF
SECTION 5-22-28
-.
Co
co
..;
I")
\
~
N
'\
"
~
-~~
LINE
l1
L2
l3
L4
LINE TABLE
LENGTH
4,17'
34.19'
14.00'
31. 76'
BEARING
SOZ'Ol'12"W
S7S'40'32"W
N 14'19'28"W
N7S'40'32"E
r. EASTERLY RIGHT-Of-WAY
50' RIGHT-Of-WAY
PER O.R.5164, PG.1542
CURVE
Cl
DELTA
4'03'37"
TANGENT BEARING
S 32'04'41" E
JOB NO. 24033 CALCULA TED BY: JLR
DATE: 9-4-05 DRAWN BY: PJR
SCALE: I" = .20 FEET CHECKED BY: JLR
16 East Plant Street N/A
Inler Cordm, nl1Kta J1787' ( 407 ) 654 5J55 fiELD BY:
THIS IS NOT A SURVEY:
@ DENOTES CHANGE IN DIRECTION
RLW DENOTES RIGHT-Of-WAY
\!:. DENOTES CENTERLINE
P.C. DENOTES POINT Of CURVATURE
P. T. DENOTES POINT OF TANGENCY
P.R.C. DENOTES POINT OF REVERSE CURVATURE
P.C.C. DENOTES POINT Of COMPOUND CURVATURE
skI
Exhibit A
Page 9 of 13
Easement No. 31531
../ SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION ( Drainage Easement ):
A parcel of land lying in Section 5, Township 22 South, Range 28 East, Orange County, Florida.
Being more particularly described as follows:
COMMENCE at the Nartheast corner of the Northeast 1/4 of aforesaid Section 5; thence run
North 85"35"19" West along the North line of said Northeast 1/4 for a distance of 1332.31 feet
to the Northwest carner of the Northeast 1/4 of said Northeast 1/4 of Section 5; thence.
deporting said North line run South 02"01"12" West along the West line of said Northeast 1/4
of the Northeast 1/4 of Section 5 for a distance of 36.88 feet to the point of intersection
of the Southerly right--'of-way line of Ingram Road per Official Records Book 3598, Page 1221
and the Easterly right-of-way line of West Orange Rails to Trails per Official Records Book
5164, Page 1642 of the Public Records of aforesaid Orange County, Flarida, also being a paint
on a non tangent curve compound Northeasterly and having a radius of 150.00 feet; thence
from a tangent bearing of South 36"08'18" East run Southeasterly along said Southerly
right-of-way and said curve through a central angle of 10"16'16" for an arc distance of 26.89
feet to 0 point of tongency; thence continuing along said Southerly right-of-way line run
South 46"24'33" East for a distance of 1535. 96 feet; thence run South 48"52'49" West for a
distance of 5.41 feet to a point on 0 non tangent curve concave Southwesterly and having 0
radius of 466.00 feet; thence from a tangent bearing of South 41"07'11" East run
Southeasterly. along said Southerly right-of-way line through a central angle of 17"01'17" for an
arc distance of 138.44 feet to a point on the Northerly line of an Orange Counly, Florida
parcel of land per Official Records Book 4556, Page 510 of aforesaid Public Records of
aforesaid Orange County, Florida, also being a point on a non tangent curve concave
Southeasterly and having a radius of 1701.20 feet; thence from a tangent bearing of South
59"40'44" West run Southwesterly along said. curve through a central cingle of 1"19'39" for an
arc distance of 39.41 feet; thence continuing along said Northerly line run South 73"32'07"
West for a distance of 100.71 feet to the POINT OF BEGINNING; thence departing said Northerly
line run South 00"05'36" East for a distance of 44.00 feet; thence run South 89"54'24" West
for a distance of 15.00 feet; thence run North 00"05'36" West for a distance of 39.59 feet;
thence run North 73"32'07" East for 0 distance of 15.63 feet to aforesaid POINT OF BEGINNING.
Contains 0.014 acres more or less.
JOB NO 24033 CALCULATED -BY: JLR
DATE: 9-4-05 DRAWN BY: PJR
SCALE: I" - 20 FEET CHECKED BY: JLR
16 Eost P on t Street NIA
tMIIl C<<dll1, Aaido ~787' ( 407)654 sm FIELD BY:
SURVEYOR'S NOTES: sk2
THIS IS NOT A SURVEY. -...\\\llU \.lIUtlfJJtll
THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL C\~'li: ~'O$l'dA!;L~tt'lSE"D '...,
SURVEYOR AND MAPPER. _ '~~." .: --.::: . <'" ".7." .....
. '-=" .."'(..0.....,. "". 'f~'f .~
BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE NORTHEAS~/.4~.f" 'rf;f(\I'idP;)Hjt~T-r ......
1/4 OF SECTION 5-22-28 AS BEING AN ASSUMED BEARING OF S 85'35'19" E;" ......, c:..C t;. _ ~_-:";
':-. ~.... ..'"'!' .. i~ ~
;SUSINESS j. 6i2~Y:
-"Tt ot:: ::-"E::
I.' '.. .-.......
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Exhibit A
Page 1 0 of 13
Easement No. 31531
, .
SKETCH OF DESCRIPTION
SHEET 2 OF 2
DRAINAGE EASEMENT
NORTHWEST CORNER OF
NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF
SECTION 5-22-28
~ \
N 85'35'19" W
-
NORTH L1: THE~
. NORTHEAST 1/4 OF
SECTION 5-22-28
RaI50.00'/
Lz26.89'
6-10.,6'16"
T.B.=S 36'08'18". E
SOUTHERLY RIGHT-OF-WAY
LINE Of' INGRAM ROAD
PER 0.R.3598, PG.1221
POINT OF INTERSECTION OF THE
SOUTHERLY RIGHT-OF-WAY LINE OF
INGRAM ROAD PER 0.R.3598, PG.1221
ANO THE EASTERLY RIGHT-OF -WAY
LINE OF WEST ORANGE RAILS TO TRAILS
PER 0.R.5164, PG. 1642
-2.332.31'
-
POINT OF COMMENc-:::J
NORTHEAST CORNER OF
NORTHEAST 1/4 OF
SECTION 5-22-28
WEST LINE OF THE
NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF
SEC.TION 5-22-28
.
'" .
:-:8
plCi
",,,,
o
'"
R-466.00'
L=138.44'
6 =17'01'17"
T.B.-S 41'07'11" E
~
~ NORTHERLY LINE OF
ORANGE COUNTY PARCEL
PER 0.R.4556, PG.510
POINT OF BEGINNING
I")
-I
..-
-1
LINE
11
L2
L3
L4
LINE TABLE
LENGTH
44.00'
15.00'
39.59'
15.63'
BEARING
500'05'36"E
S89'S4'24"W
NOO'05'36"W
N73'32'07"E
L2
JOB NO. 24033 CALCULA TED BY: .A..R
DATE: 9-4-05 DRAWN BY: PJR
SCALE: I" - 20 FEET CHECKED BY: JLR
16 East Pant Street N/A
Y{nllt Caden, fbKlo .lH81 , ( 407 ) 654 5355 FIELD BY:
THIS IS NOT A SURVEY:
@ OENOTES CHANGE IN DIRECTION
RjW DENOTES RIGHT-OF,...WAY
If. DENOTES CENTERLINE
P.C. DENOTES POINT OF CURVATURE
P.T. DENOTES POINT OF TANGENCY
P.R.C. DENOTES POINT OF REVERSE CURVATURE
DENOTES CHANGE IN DIRECTION, NO CORNER SET
sk2
Exhibit A
Page 11 of 13
Easement No. 31531
"'/SKETCH OF DESCRIPTION
SHEET 1 OF 2
LEGAL DESCRIPTION ( Utility Easement ):
A parcel of land lying in Section 5, Township 22 Sauth, Range 28 East, Orange County, Florida.
Being more particularly described as follows:
COMMENCE at the Northeast corner of the Northeast 1/4 of aforesaid Section 5; thence run
North 85'35"19" West along the North line of said Northeast 1/4 for a distance of 1332.31 feet
to the Northwest corner of the Northeast 1/4 of said Northeast 1 /4 of Section 5: thence
departing said North line run South 02'01"12" West along the West line of said Northeast 1/4 of
the Northeast 1/4 of Section 5 for a distance of 36.88 feet to the point of intersection of the
Southerly right-of-way line of Ingram Road per Official Records Book 3598, Page 1221 and the
Easterly right-ot-way line ot West Orange Rails to Trails per Official Records Book 5164, Page
1642 of the Public Records of aforesaid Orange County, Florida, also being a point on a non
tangent curve compound Northeasterly and having a radius of 150.00 feet; thence from a.
tangent bearing of South 36'08'18" East run Southeasterly along said Southerly right-of-way and
said curve through a central angle of 10'16'16" for an ore distance of 26.89 feet to a point of
tangency; thence continuing along said Southerly right-of-way line run South 46'24'33" East for
a distance of 1535.96 feet; thence run South 48'52'49" West for 0 distance of 5.41 feet to a
point on a non tangent curve concave Southwesterly and having a radius of 466.00 feet; thence
from a tangent bearing of South 41'07'11" East run Southeasterly along said Southerly
right-of-way lin"e through a central angle of 1 T01'17" for on arc distance of 138.44 feet to a
point on the Northerly line of an Orange County, Florida parcel of land per Official Records
Book 4556, Page 510 of aforesaid Public Records of aforesaid Orange Coun ty, Florida, also being
a point on a non tangent curve concave Southeasterly and having a radius .of 1701.20 feet;
thence from a. tangent bearing of South 59'40'44" West run Southwesterly along said curve
through a central angle of 1'19'39" for an arc distance of 39.41 feet; thence continuing along
said Northerly line run South 73"32'07" West for a distance of 465.46 feet to a point on the
Northerly right-at-way line of West Orange Rails To Trails per Official Records Book 4683, Page
4776, aforesaid Public Records of Orange County, Florida; thence departing said Northerly line
run North 86.57'26" West along said Northerly right-of-way line for a distance of 298.16 feet
to the POINT OF BEGINNING; thence departing said Northerly right-of-way line run South
02"01'12" West for a distance of 50.00 feet; thence run North 86'57'26" West for a distance of
15.00 feet; thence run North 02'01'12" East for 0 distance at 50.00 feet to a point on
aforesaid Northerly right-at-way line; thence run South 86'57'26" East along said Northerly
right-of-way line for a distance of 15.00 feet to aforesaid POINT OF BEGINNING.
Contains 0.017 acres more or less.
JOB NO. 24033 CALCULATED BY: JLR
OATE: 9-4-05 DRAWN BY: PJR
SCALE: I" = 20 FEET CHECKED BY: JLR
16 East Pant Street N/A
W"nler Ccrd8l. fkrido 34787 '(407) 654 5J55 FIELD BY:
SURVEYOR'S NOTES: sk3
,ttutt fir (f .
THIS IS NOT A SURVEY. ';..'\\\' :.1'>;' '~.' I(JI(~ .
THIS SKETCH IS NOT VALID 'MTHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL r'>b.'A RORih\ll~ti(sea "....
SURVEYOR AND MAPPER. .;f' ."'....... . 'T.,r /-:,.
~ .... . -"'", ,~?
BEARINGS SHOWN HEREON ARE BASED. ON THE NORTH LINE Of THE NOR1HEASt~/.Nir .(.~ NbRTHE!4"ST-: .-:';.
1/4 OF SECTION 5-22-28 AS BEING AN ASSUMED BEARING OF S 85'35'19" E'" : .' .. ~ * :;.
:.:- .:." 5 ~ ~ :) ..;. . ~
Exhibit A
Page 12 of 13
Easement No. 31531
~\,
SKETCH OF DESCRIPTION
SHEET 2 OF 2
UTILITY EASEMENT
NORTH LINE OF THE
NORTHEAST 1/4 OF
SECTION 5-22-28
NORTHWEST CORNER OF
NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF
SECTION 5-22-28
N 85'35'19" W
---:.
1332.31'
WEST LINE OF THE
NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF
SECTION 5-22-28
~
POINT OF COMMENCEMENT)
NORTHEAST CORNER OF
NORTHEAST 1/4 OF
SECTION 5-22-28
POINT OF INTERSECTION OF THE
SOUTHERLY RIGHT-OF-WAY LINE OF __
INGRAM ROAD PER O.R.3598, PG.12.21
AND THE EASTERLY RIGHT-OF-WAY
LINE OF WEST ORANGE RAILS TO TRAILS
PER O.R.5164, PG. 1642
~
o
o
o
lO
w
N
....
P
N
o
Z
11
R-1S0.00' /
L-26.89'
&=10'16'16"
T.B.~S' 36'08'18" E
SOUTHERL Y RIGHT-OF - WAY
LINE OF INGRAM ROAD
PER O.R.3598, PG.1221
NORTHERLY RIGHT-OF-WAY LINE OF
WEST ORANGE RAILS TO TRAILS
PER O.R,468J, PG,4776
L2
POINT OF BEGINNING
R-466.00'
L-1J8.44'
to ~17'OI'17"
T.8.=S 41'07'11" E
~ NORTHERLY LINE OF
ORANGE COUNTY PARCEL
PER O.R.4556. PG.510
LINE
L1
L2
LINE TABLE
LENGTH
15.00'
15.00'
BEARING
N86'57'26"W
586'57'26"E
~6'~26" W
296.16'
3:
N
....
P
N
o
(J')
THIS IS NOT A SURVEY:
@ DENOTES CHANGE IN DIRECTION
RjW DENOTES RIGHT-Of-WAY
It DENOTES CENTERLINE
P.C. DENOTES POINT OF CURVATURE
P.T. DENOTES POINT OF TANGENCY
P.R.C. DENOTES POINT OF REVERSE CURVATURE
DENOTES CHANGE IN DIRECTION. NO CORNER SET
sk3
JOB NO. 24033 CALCULATED BY: JLR
DATE: 9-4-05 DRAWN BY: PJR
SCALE: I" - 20 FEET CHECKED BY: JLR
16 East Pant Street N/A
Wnler CO/del, ncrido 34787' ( .07) 654 5355 FIELD BY:
Exhibit A
Page 13 of 13
Easement No. 31531