HomeMy WebLinkAboutIII(D1) Approval And Authorization For Mayor And City Clerk To Execute The Non-Exclusive Temporary Easement Agreements With Individual Property Owners For The Maguire Road Widening Project Agenda 5-02-2000
Item III D 1
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 3 2802-2 1 93 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 3 280 1-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
EMAIL ADDRESS (407)423-7656 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
THROUGH: Paul E. Rosenthal, City Attorney
DATE: April 11, 2000
RE: . Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire three
Non-Exclusive Temporary Easement Agreements from Robert L. Ferdinand, Mary Virginia
Ferdinand and James V. Ferdinand (the "Ferdinands"), property owners along Moore Road.
The Ferdinands have agreed to grant these interests at no cost to the City. Attached are the
original Non-Exclusive Temporary Easement Agreements which have been executed by the
Ferdinands. City staff, however, recommends the payment of $250.00 to the Ferdinands to
cover their costs incurred in reviewing and fmalizing the agreements.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners
approve:
1. The three Non-Exclusive Temporary Easement Agreements, authorizing
execution thereof by the Mayor and City Clerk; and
2. The payment of $250.00 to the Ferdinands to cover their costs in
reviewing and executing the agreements.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
Olt-
006.177672.1 C064114
ESTABLISHED 1 8 4 2
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-45
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this _ day of 2000, by and between ROBERT
L. FERDINAND and MARY VIRGINIA FERDINAND, his wife, as to an
undivided 50% interest, and JAMES V. FERDINAND, as to an undivided 50%
interest, whose address is 422 North Main Street, Windermere, Florida 34786
(hereinafter referred to as the "Grantors"), 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, Grantors are the owners 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 Grantors have 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. Grantors hereby give, grant, bargain, sell, and convey 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. Grantors hereby warrant and guarantee to Grantee that Grantors
have fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantors have 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 Grantors reserves to
themselves, their 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 Grantors 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
006.166327.1
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 Grantors (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 Grantors agree 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 Grantors 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 Grantors of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantors to
complete improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however, that the Grantors shall, at Grantors'
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 Grantors 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 Grantors' 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 Grantors, or their respective legal
representatives, successors and assigns.
3
006.166327.1
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 d 'vered G TOR t
in the prese e o •
e
r _
L
..
Pri a SCfTT n_ CI ARK Robert L. Ferdinand
( (./267,
9) (V'eg&0_/:: ——
Print Name
G1NIGFR 1. HODGES
dra/n2/4 /Z-ljZa2Q .2/7-----,1..)/..4- A--.L./(,,V) r' _
Print Name ?1MMY K. ROYLE
Mary lrinia Ferdinand
Print Nam
1
Print ame SCOTT D. CLARK es 'r
4 ames V. erdinand
L. r1. <9fa64/c_
Print Name GINGER L. !-IOD`GES
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged be ore me this 7A day of
rii _2000, by Robert L. Ferdinand. He is personally known to me or ❑
has produced as identification.
WITNESS my hand and official seal in the Coun7 and aforesaid this ?
day of J �ry,200y
��� Notary ublic
r Scott D.Clark
s +e MY COMMISSION#CC615415 EXPIRES Print Name
:�; �
' . : February3,2001
''yrS'd` BONDED TNRUTROAININSURANC$INC. My Commission Expires:
4
006.166327.1
•
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 7M day of
2000, by Mary Virginia Ferdinand. She is personally known to
me 6r ❑ has produced as identification.
WI ESS my hand and official seal in t-h Co my and State aforesaid this 7I
day of 2000. 2l C
0/.607j7/)Q___
tyit,..- Giverges otary Publ(c
ok-TA MY COIGN#CC570009 EXPIRES
.4 . August 15,2000
• o:A; '� BONGED THRU TROY FAN INSURARCE,INC:
Print Name
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 7'41 day of
0•/ jy' 2000, by James V. Ferdinand. He is [j p rsonally known to me or
❑ has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this ?'
day of 094 ( 2000. _
Notary Pulic
Ginger L Hodges
. 'at .+= MY COMMISSION#CC5 0009 EXPIRES
in :� August 15 2000
q,R th BONDED FA&rINIMA CE,Ittt Print Name
My Commission Expires:
5
006.166327.1
•
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:
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 UNDER
LEGALITY THIS DAY OF AGENDA ITEM NO.
2000.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2000, 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 2000.
Notary Public
Print Name
My Commission Expires:
6
006.166327.1
EXHIBIT A
Pagel of
•
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
(TCE-45)
A PARCEL OF LAND LYING WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5477,
PAGE 1049, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE E NORTHWEST QUARTER OF SECTION 32,
TOWNSHIP 22 SOUTH, RANGE 28 EAST FOR A POINT OF REFERENCE; THENCE RUN NORTH
89 47'34" EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, 267.03 FEET;
THENCE RUN NORTH 0072 26" WEST, 40.00 FEET TO A POINT LYING ON THE NORTH
RIGHT—OF—WAY LINE OF MOORE ROAD, AS RECORDED IN OFF/C/AL RECORDS BOOK 4343, PAGE 4532
OF SAID PUBLIC RECORDS, SAID POINT BEING THE POINT OF BEGINNING; THENCE CON77NU£
NORTH 0072'6' WEST, 34.00 FEET; THENCE RUN NORTH 89 47'34" EAST, PARALLEL W1771 SAID
NORTH RIGHT—OF—WAY LINE, 6.3.00 FEET; THENCE RUN SOUTH 0072'26" EAST, 34.00 FEET TO
A POINT LYING ON SAID NORTH RIGHT—OF—WAY LINE; THENCE RUN SOUTH 8947'34" WEST,
ALONG SAID NORTH RIGHT—OF—WAY LINE, 63.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,142 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES:
(1) NO ABSTRACT FOR RIGHTS—OF—WA Y, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PROVIDED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING
NORTH 89 47'34" EAST.
(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) 7HE DEUNEA AON OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUC77ONS.
DA VID A. WHIM', P.S M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
SHEET 1 OF 2 CERT/F/CATS OF AUTHORIZATION NO. LB-3556
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 1560 • Edo Pork Centre • 200 Cost Robinson Street • Orlando. florid° 32801 • 407/422-8062
SECTION 32, TOWNSHIP 22 SOUTH. RANGE 28 EAST
DATE: 10-14-99 PREP 8Y: P.S. I DRAWN BY: A.Y.J. J08"NO: 0E-331
•
EXHIBIT A
I • Page 2 of 2
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
(TCE-45)
(0.R.8. 5477, PG. 1049)
N89 47'34" 63.00'
Z SCALE
�O 1" = 20'
�
oN. 2142SO.17 oty,
11)
177.21'
S89.47'34"W 63.00' N. R/W LINE
P.O.E.
MOORE ROAD (80' R/W)
• (O.R7 B. 4343, PG, 4532)
N8947.34"E 267.0.3• A r . LINE OF THE NW 1/4 OF SEC 32-22 28
LINE OF THE SW 1/4 OF SEC 32-22-28
P.D.C.
SW CORNER.OF
THENW1/4OF
SEC 32-22-28
LEGEND
P.QB. - POINT OF BECAPONG
P.a a - Pawr ar Ccw e.'c-w-wr
Sra - SEc770w
R/W - RIGHT-Cr-WAY
ORB - OfROAL RECORDS BOOK
PG - PAGE
SQFT. - SOUARE FEET
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL
DESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 7560 • Edo Pork Centre • 200 East Robinson Street • Orlando. Florida 32807 • 407/422-8062
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: 10-14-99 PREP BY: P.S. • :DRAM By: A.Y.J. 438-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
TCE-46
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this _ day of 2000, by and between ROBERT
L. FERDINAND and MARY VIRGINIA FERDINAND, his wife, as to an
undivided 50% interest, and JAMES V. FERDINAND, as to an undivided 50%
interest, whose address is 422 North Main Street, Windermere, Florida 34786
(hereinafter referred to as the "Grantors"), 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, Grantors are the owners 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 Grantors have 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. Grantors hereby give, grant, bargain, sell, and convey 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. Grantors hereby warrant and guarantee to Grantee that Grantors
have fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantors have 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 Grantors reserves to
themselves, their 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 Grantors 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
006.166399.1
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 Grantors (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 Grantors agree 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 Grantors 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 Grantors of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantors to
complete improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however, that the Grantors shall, at Grantors'
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 Grantors 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 Grantors' 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 Grantors, or their respective legal
representatives, successors and assigns.
3
006.166399.1
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 (7jTOR
in the pres ce o
Pr' ame SCOTT D. CLARK \.Hobert L. Ferdinand
Zi_dY &A-4
Print Name ialNGER L. HODGES
Pr' amen T MY K. ROYLF Mar irg n'ia Fe dinand
c/IY -
Print Name' G GRL
P ' t a e SCOTT D. CLARK James V. Ferdinand
ZO-0,(aCvl
Print Name GINGER L. HOD
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged ,before me this 74 day of
/1pii I 2000, by Robert L. Ferdinand. He is personally known to me or n
has produced as identification.
WITNESS my hand and official seal in the Cou and e oresaid this 7
day of J-� ''y�_,2QD0.
h ' Notary blic
2 '' Scott D.Clark
q4. Py i
*; ,_ MY COMMISSION#CC615415 EXPIRES
February 3,2001
d;•' BONDED TM TROY FAIN INSURANCE,INC Print Name
My Commission Expires:
4
006.166399.1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this '7''y' day of
2000, by Mary Virginia Ferdinand. She is R personally known to
me of has produced as identification.
WITNESS my hand and official seal), e C unty and State aforesaid this 7±
day of g/2,sa 2000. ,
ckW- 0/6, 0/2U-I
Notary Public
,,,,, , L Hates
MYLIONacx5 O9DOR S
•. r4.1-:g August 15,2000 Print Name
,dr,w,h, KNOW T1RRU TROY PUN INSURANCE,NIC
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this rg day of
(),pt,fJ 2000, by James V. Ferdinand. He is tlersonally known to me or
❑ cias produced as identification.
WI ESS my hand and official seal int e County and State aforesaid this _ 7`-'
day of 2000. , f
Notary Public
,,, /�/� �Gingery L/Hodges
s�ryryp�
=t. Ill :Y- MY WM1w9SS ON R.Ut 5 009 P R1EV
IeE!
August 15,2000
'%„jg; BONDED TNRU TROY PAIN INSURANCE,INC: Print Name
My Commission Expires:
5
006.166399.1
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:
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 UNDER
LEGALITY THIS DAY OF AGENDA ITEM NO.
2000.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2000, 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 2000.
Notary Public
Print Name
My Commission Expires:
6
006.166399.1
EXHIBIT A
Page 1 of 2
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
(TCE-46)
A PARCEL OF LAND L.YING WITHIN THE LANDS DESCRIBED /N OFF/C/AL RECORDS BOOK 5477,
PAGE 1049, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 32,
TOWNSHIP 22 SOUTH, RANGE 28 EAST FOR A POINT OF REFERENCE; THENCE RUN NORTH
894734" EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, 541.34 FEET:
THENCE RUN NORTH 007226" WEST 40.00 FEET TO A POINT LYING ON THE NORTH
RIGHT—OF—WAY LINE OF MOORE ROAD, 44S RECORDED IN OFFICIAL RECORDS BOOK 4343, PAGE 4532
OF SAID PUBLIC RECORDS, SAID POINT BEING 7HE PO/NT OF BEGINNING; THENCE CONTINUE
NORTH 0072'26" WEST, 33.00 FEET; THENCE RUN NORTH 89 4734" EAST, PARALLEL WITH/ SAID
NORTH RIGHT—OF—WAY L/NE, 73.00 FEET; THENCE RUN SOUTH 007226" EAST, 3300 FEET TO
A POINT LYING ON SAID NORTH RIGHT—OF—WAY LINE; THENCE RUN SOUTH 89 4734" WEST,
ALONG SAID NORTH RIGHT—OF—WAY LINE, 73.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,409 SQUARE FEET, MORE OR LESS.
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 RELA77VE TO THE SOUTH LINE OF THE
NORTHWEST 0UAR7ER OF SEC770N 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST T BEING
NORTH 8947'34" EAST
(3) THE "LEGAL DESCRIPTION" 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 DELINEA 7T0N OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INS7RUC770NS.
•
DAVID A. WHITE, P.S/.
FLORIDA REGISTRA 770N NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
SHEET 1 OF 2 C£RT7F/CATF OF AUTHOR/ZA770N NO. LB-3556
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 1550 • Lola Pork Centre • 200 Lost Robinson Street • Oriendq, Florldo 32801 • 407/422-8062
SECTION 32. T0VINSHIP 22 SOUTH. RANGE 28 EAST
DATE: 10-14-99 PREP BY: P.S. ORAWN BY: A.M.J. JOB NO: 0E-331
EXHIBIT A
I Page2of2 l
" LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
(TCE-46)
I '
I
a
C (O.R.B. 5477, Pa 1049)
O
Z
§. � I Sh
p I N89'47'34"E 73.00' SCALE
1" = 20'
0
c,, o
�� o N 2,409 SQ.FT. woo N
o\ -� q0) .
P.O.B.
451.5Y
589'47;34"W 71 00' N. R/W LINE 1
I
o MOORE ROAD (80' R/W)
IrSc
(O.R.B. 4343, PG. 4532)
I
N89 4734E 541.34' S. LINE OF THE NW 1/4 OF SEC 32-22—Z8
�N. LINE OF THE SW 1/4 OF SEC 32-22-28
P.O.C.
SW CORNER OF
THE NW 1/4 OF LEGEND
SEC 32-22-28
P.O.B. - POINT OF BEGINNING
P.O.C - POINT OF COMMENCEMENT
SEC - SEcnOY
RAY - RIGHT--OF-WAY
ORB - OFFICIAL RECORDS BOOK
PG - PACE
SOFT. - SOUARE FEET
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL THIS IS NOT A SURVEY
DESCRIPTION AND SURVEYORS NOTES
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
PEC engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 1560 • Colo Pork Centre • 200 East Robkisen Street • Orlando. Florida J2801 • 407/422-8062
SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: 10-14-99 --
f PREP BY: P.S. DRAWN BY: A.Y.J. JOB NO: ' OE-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
TCE-47
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this _ day of 2000, by and between ROBERT
L. FERDINAND and MARY VIRGINIA FERDINAND, his wife, as to an
undivided 50% interest, and JAMES V. FERDINAND, as to an undivided 50%
interest, whose address is 422 North Main Street, Windermere, Florida 34786
(hereinafter referred to as the "Grantors"), 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, Grantors are the owners 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 Grantors have 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. Grantors hereby give, grant, bargain, sell, and convey 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.
s S,
Section 3. Grantors hereby warrant and guarantee to Grantee that Grantors
have fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantors have 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 Grantors reserves to
themselves, their 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 Grantors 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
006.166400.1
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 Grantors (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 Grantors agree 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 Grantors 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 Grantors of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantors to
complete,improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however,. that the Grantors shall, at Grantors'
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 Grantors 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 Grantors' 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 Grantors, or their respective_ legal
representatives, successors and assigns.
3
006.166400.1
•
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 707
in the presenc of:
P- >n a e SCOTT D. CLARK Robert L. Ferdinand
l�� !JX}C J,I ' 0 ,6Ci2---.
Print Name I3I GER L RCibeF�
( � 9/"Vz-----,�
PrinfNam
r Mary Vii,gi\iia Ferdinand
/...
Print Name GINGF HODrFC
Print N me SCOTT Do CLARK J mes V. Ferd. and
Print Name J GINGER !. HODGE
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 7 day of
Mori/ 2000, by Robert L. Ferdinand. He is L rsonally known to me or ❑
has produced as identification.
WITNESS my hand and official seal in the Coun and St to aforesaid this 7'(
day of Jana 2g00.
�✓ Notary blic
"" Scott D.Clark
',�. MY COMMISSION#CC615 115 EXPIRES
;���,.,�= Februarys 2001
PL.1`� BONDED THRU TROY FAIN INSURANGE,INC Print Name
My Commission Expires:
4
006.166400.1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this j-'- day of
___g4fl2000, by Mary Virginia Ferdinand. She is _ rs eonally known to
me or has produced as identification.
WkINES,§ my hand and official seal in the C unty and State aforesaid this 77
day of /,M,// 2000.
Notary Palle
'Fu''' Ginger L Hodges
PAY COMMISSION CC510009 EXPIRES Print Name
August 15,2000
N.•• BONDEDTNRU TROY FAIN INSURANCE,INC: My Commission Expires:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before_me this day of
2000, by James V. Ferdinand. He is personally known to me or
Erg as produced as identification.
WI ESS my hand and official seal in the-Count and State aforesaid this j"
day of 2000. )/1
- .Vr47-a/.7t ._)
Notary Publi '
,�, Ginger L Hodges
H y�,s
1": a • MY COMMISSION 6.Vlw5 009 EXPIRES
':`.S August 15,2000 Print Name
vow RONDO TNRU TROY FAIN INSURANCE,INC:
My Commission Expires:
5
006.166400.1
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:
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 UNDER
LEGALITY THIS DAY OF AGENDA ITEM NO.
2000.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2000, 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 2000.
Notary Public
Print Name
My Commission Expires:
6
006.166400.1
EXHIBIT A
Page 1 of 2
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
(TCE-47)
A PARCEL OF LAND L Y1NG WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5477,
PACE 1049, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUAR TER OF SECTION 32,
TOWNSHIP 22 SOUTH, RANGE 28 EAST FOR A POINT OF REFERENCE; THENCE RUN NORTH
8947'34" EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, 759.23 FEET;
THENCE RUN NORTH 0072'26" WEST, 40.00 FEET TO A POINT L Y1NG ON THE NORTH
RIGHT—OF—WAY LINE OF MOORE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 4343, PAGE 4532
OF SAID PUBLIC RECORDS, SAID POINT BEING THE POINT OF BEGINNING; THENCE CON77NUE
NORTH 007226" WEST, 21.00 FEET; THENCE RUN NORTH 894734" EAST PARALLEL W1TH SAID
NORTH RIGHT—OF—WAY LINE, 38.00 FEET; THENCE RUN SOUTH 007226" EAST 21.00 FEET TO
A POINT LYING ON SAID NORTH RIGHT—OF—WAY LINE; THENCE RUN SOUTH 8947:34" WEST,
ALONG SAID NORTH RIGHT—OF—WAY LINE, 38.00 FEET TO THE POINT OF.BEGINNING.
CONTAINING 798 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES:
(1) NO ABSTRACT FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN PRO LADED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELA77VE TO THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING
NORTH 89 4734" EAST
(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 DELINEA770N OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
DA ND A. WHITE, P.S.M.
FLORIDA REGISTRA TJON NO. 4044
PROFESSIONAL ENGINEER/NC CONSULTANTS, INC.
SHEET 1 OF 2 CERTIFICATE OF AUTHORIZA AON NO. LB-3556
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 1560 • Edo Pork Centre • 200 East Robinson Street • &tondo. Florido J2801 • 407/422-8062
SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: 10-14-99 PREP BY: P.S. DRAWN BY: A.U.J. J08 NO: 0E-331
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
(TCE-47) Page2of2
r
O (0.R.8. 5477, PG. 1049)
SCALE
N89•'47'34"E 38.00' 1" = 20'
Cr)0
rvo No
;`•
ti 798 SO.FT. oti
\--It
679.41_ I'll S89'47'34'W 38 00' N. R/W LINE - '
P.O.B.
to MOORE ROAD (80' R/W)
I (O.R.B. 4343, PG 4532)
I
N894734 E 769.23' --��-S. LINE OF THE NW 1/4 OF SEC 32-22-28
comr
N. LINE OF THE SW 1/4 OF SEC 32-22-28
P.O.C.
SW CORNER OF
THE NW 1/4 OF
SEC 32-22-28 LEGEND
P.O.bt - POi'NT OF BEGINNING
P.O.0 - POINT OF COMMENCEMENT
SEC - SECTION
RAN' - RIGHT-OF-WAY
ORB - OFFICIAL RECORDS soar
PG - PAGE
San: - SQUARE FEET
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL
DESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 1560 • Eo/o Pork Centre • 200 East Robinson Street • Orlando• Florida 32801 • 407/422-8062
SECTION _32. TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: 10-14-99 PREP BY: P.S. DRAM BY: A.Y.J. JOB NO: 0E-331