HomeMy WebLinkAboutIII (C) Approval and Authorization for Mayor and City Clerk to Execute Two Non-Exclusive Temporary Easement, a Drainage and Access Easement, and Non-Exclusive Perpetual Slope Agreements Agenda 1-18-2000
Item III C
FOLEY & LARDNER
CHICAGO A T T.6t ( "Act bO)P 9b A W SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 1 93 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 3280 I-2386 TALLAHASSEE
MADISON
TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407) 423-7656 EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@foleylaw.com 020377-0284
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, City Attorney
DATE: January 10, 2000
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire two
Non-Exclusive Temporary Easements, a Drainage and Access Easement, and Non-Exclusive
Perpetual Slope Easement from Village Marketplace Investors, Ltd., a property owner along
Maguire Road. Village Marketplace Investors, Ltd. has agreed to grant these interests at no
cost to the City. Attached are the original Village Marketplace Investors, Ltd. Non-Exclusive
Temporary Easement, Drainage and Access Easement, and Non-Exclusive Perpetual Slope
Easement Agreements which have been executed by Village Marketplace Investors, Ltd. City
staff, however, recommends the payment of$250.00 to Village Marketplace Investors, Ltd. to
cover its costs incurred in reviewing and finalizing these agreements.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners
approve:
1. The Non-Exclusive Temporary Easement, Drainage and Access
Easement, and Non-Perpetual Slope Easement Agreements, authorizing
execution thereof by the Mayor and City Clerk; and
2. The payment of$250.00 to Village Marketplace Investors, Ltd. to cover
its costs in reviewing and executing these agreements.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
0{
Coif
006.166756.1
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
DE-5
DRAINAGE AND ACCESS EASEMENT AGREEMENT
THIS DRAINAGE AND ACCESS EASEMENT AGREEMENT is made and
entered into this day of 1999, by and between VILLAGE
MARKETPLACE INVESTORS, LTD., a Florida limited partnership, whose address is 5401
Kirkman Road, Suite 275, Orlando, Florida 32810 (hereinafter referred to as the "Grantor"),
and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantee"):
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in
Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, a perpetual drainage and access easement over, upon, and across the
Easement Property for the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. The above recitals are true and correct, form a material part of this
Agreement, and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee an
easement for drainage and access purposes over, under, and upon the Easement Property for
the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions and
limitations set forth herein. The Grantee shall have full authority to enter upon, construct,
operate, repair, and maintain, as the Grantee may deem necessary, drainage pipes and facilities
and other related appurtenances over, under, and upon the Easement Property.
Section 3. Grantor hereby warrants to Grantee that Grantor has fee title to the
Easement Property subject to easements, reservations, restrictions and rights-of-way of record,
if any, and that Grantor has full power and authority to grant this Easement as to the Easement
Property.
Section 4. Subject to the terms, conditions and limitations hereinafter set forth, the
Grantee, its employees, agents, contractors and consultants, shall have the right of ingress and
egress over, upon, and across the Easement Property at all times for the purpose of
constructing, operating, repairing, and maintaining drainage pipes and facilities and other
related appurtenances. The Grantee, its employees, agents, contractors and consultants, shall
have the right to clear and keep clear all trees, undergrowth, and other obstructions that may
interfere with normal operation or maintenance of the drainage pipes and facilities and other
related appurtenances, out of and away from the Easement Property, and the Grantor agrees
not to build, construct, or create, nor permit others to build, construct, or create any buildings
or other structures on the Easement Property that may interfere with the use of the Easement
Property for the purposes set forth herein or with the normal operation or maintenance of the
closed drainage system and other related appurtenances.
Section 5. The access easement granted herein is solely for the purpose of ingress
and egress to the drainage facilities located on the Easement Property and for no other
purpose. This Easement shall not be construed to grant the general public any rights or
privileges with respect to the use of the Easement Property.
Section 6. Except as expressly set forth herein, the Grantor reserves the right to
utilize the Easement Property for any purpose which does not interfere with the use of the
Easement Property by Grantee for the purposes set forth herein.
Section 7. To the extent permitted by law, the Grantee agrees to indemnify and hold
harmless the Grantor from and against any and all claims, actions, causes of action, loss,
damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether
incurred before, during or after trial, or upon any appellate level), arising from the Grantee's
use of the Easement Property or from the exercise by the Grantee of any rights by this
Easement Agreement.
Section S. The Easement shall be binding upon and inure to the benefit of the
parties specified herein, their respective legal representatives, successors and assigns, and the
benefits and burdens hereof shall run with the Easement Property.
Section 9. This Easement Agreement may be modified or amended only upon the
mutual written consent of Grantee and Grantor, or their respective legal representatives,
successors and assigns.
-2-006.156767.1
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 in the presence: GRANTOR:
VILLAGE MARKETPLACE
INVESTORS, LTD., a Florida
limited partnership
V. // 27.(i
By: a_9-
Print Name: Name: iiS17/n' P. '/' ( /-ih
Title: /,)f) jden/--
�'
1 �
Print Name: `���?/Of / .l�'/-)ir?Z(-s)r)')'i'-�;
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this /(i9//7 day of 71
k (`;'jp/ � 1999, byr �'h;( 7 ;!i. V.--11 7,,l,h as I/` 1(7/(7/)1
of VILLAGE MARKETPLACE INVESTORS, LTD., a Florida limited partnership. He/She
is k personally known to me or ❑ has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this/(ah day of
YYIb)j' 1999.
4„.o N.Shelley D'Alessandro Notary Public -_
*My Commission CC733643
3P Expires April 14,2002 Print Name
My Commission Expires:
-3_
006.156767.1
JOINDER, CONSENT, AND SUBORDINATION
THIS JOINDER, CONSENT, AND SUBORDINATION is made and executed this
d I day of 1999 by GENERAL AMERICAN LIFE INSURANCE
COMPANY, a corporation organized under the laws of the State of Missouri and licensed to do
business in the State of Florida ("Mortgagee"). The undersigned hereby certifies that Mortgagee, is
the holder of that certain Consolidated Mortgage, Security Agreement and Fixture Filing filed May
12, 1999 in Official Records Book 5749, Page 1147, that certain Collateral Assignment of Leases and
Rents filed May 12, 1999 in Official Records Book 5749, Page 1166, that certain Financing Statement
filed June 4, 1999 in Official Records Book.5764, Page 3307, and that certain Financing Statement
filed December 28, 1998 in Official Records Book 5645, Page 4027 by way of that certain full
assignment of Financing Statement filed June 4, 1999 in Official Records Book 5764, Page 3370, all of
the Public Records of Orange County, Florida and that the undersigned hereby joins in and consents to
the foregoing Non-Exclusive Drainage and Access Easement Agreement ("Easement") entered into
between Village Marketplace Investors, Ltd. and the City of Ocoee and agrees that the above-described
mortgages, security agreements, liens, and/or other encumbrances shall be subordinated to the
Easement.
Signed, sealed and delivered GENERAL AMERICAN LIFE INSURANCE
COMPANY, a Missouri corporation licensed to do
business in the State of Florida
l �
Print Name r"N K T-V C . U, _0 BY +-ae ry,
Its: Vice President/Authoriz�L preserrtative
- a 21—L.------
Print me /C- i tit j9 . SA 4-1&k_-- (SEAL)
STATE OF MISSOURI
COUNTY OF ST. LOUIS
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
/14/4 t E GU p- (I as l/l - f' 5/D.N/ of GENERAL AMERICAN LIFE
INSURANCE COMPANY, a Missouri corporation licensed to do business in the State of Florida, and
who [x ] is personally known to me or 1 1 produced as identification, and that he/she
acknowledged executing the same on behalf of said rz daroalba 3 Rgx c t4f in the presence of two
subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the Cou ty and State last aforesaid this 0?)Sf day of
-December , 1999. I j �/
Sign; Notary
*
corporation
SUZANNENN Name of Notary (Typed, Printed or Stamped)
Notary Public-Notary Seal Commission Number (if not legible on seal):
STATE OF MISSOURI My Commission Expires (if not legible on seal):
ST.LCRJJS COUNTY
MY CCM L S10N EXP.JUNE 28,2003
-4 006.156767.1
Signed, sealed and delivered in the presence: GRANTEE:
CITY OF OCOEE, a Florida municipal
corporation
Print Name:
By:
Name: S. Scott Vandergrift
Print Name: Title: Mayor
Attest:
Name: Jean Grafton
Title: City Clerk
[Affix Seal]
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD ON
AS TO FORM AND LEGALITY THIS 1999
DAY OF 1999. UNDER AGENDA ITEM NO.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1999, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He
is ❑ personally known to me or ❑ has produced_ as identification.
WITNESS my hand and official seal in the County and State aforesaid this day of
1999.
Notary Public
Print Name
My Commission Expires:
-5 006.156767.1
Exhibit A
DE5
LEGAL DESCRIPTION (PROPOSED DRAINAGE EASEMENT) Page 1 of 1
That part of Section 29, Township 22 South. Range 28 East. Orange County, Floriaa, being more
particularly described as follows:
Commencing at the intersection of the South right of way line of State Road 50 and the East right
of way line of Maguire Road; thence South 00'34'35" East a distance of 175.09 feet along said
East right of way line to the POINT OF BEGINNING: thence leaving said right of way line
North 89'25'25- East a distance of 20.00 feet; thence South 00'34'35' East a distance of
23.98 feet along a line 20.00 feet east of and parallel with the aforesaid East right of way line:-
thence South 89'25'25" West a distance of 20.00 feet to a point on the aforesaid East right of _
way line; thence North 00'34'35" West a distance of 23.98 feet along said right of way line to •
the POINT OF BEGINNING. CONTAINING 480 square feet, more or less.
. I I
789 790 791 792 793
STATE N ROAD 50
SOUTH RIGHT OF WAY LINE
W N— POINT OF
COMMENCEMENT
o }
a
(V 3w
�Inrn
on o
1-sr N
ob -
POINT OF
BEGINNING
o 41189'25.25"E PROPOSED
Lin. moo' RAINAGE EASEMENT
N Y rn SO0'34'35"E
'� M r<i L. 23.98'
O_ w M N LINE 20.00 FEET EAST OF
< 28 AND PARALLEL WITH THE EAST
LtJ z Z 20.00' RIGHT OF WAY LINE •
W S89'25'25"W
IX m
~ o ON
0 J NOT
o Zg v,
PLATTED
Q a m .
CC
0 La.
cLeR
. 3
0 1- =1 oo '
Q GRAPHIC SCALE
GN , 0 200
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Maguire Road from Station 208+00 to Station 209+00. being North 00r34'35" West.
Date: CERT. NO. L82108 45800037
LEGAL DESCRIPTION August 31, 1999 __,,.� _,
FOR Job No.: Scale: 4- 1�T( C 7�-t ik
45800037 1"=100' Air I fi• jilt! tom
• IIIW< I-_
SOUTHEASTERN SURVEYING & MAPPING CORP•
- Professional Engineering 324 N. Orlando Avenue
CH. 61G17-6• Flor,do Administrative Maitland, Florida 32751
Consultants. Inc. Code reau,res tnot a legal description
drawing bear the notation that 40 7%647-8898
THIS IS NOT A SURVEY. 2
itt
GAR B. KRICK
REGISTERED LAND SURVEYOR NO. 4245
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A.Doty,Esq.
FOLEY&LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
SE-13
NON-EXCLUSIVE PERPETUAL SLOPE
EASEMENT AGREEMENT
THIS NON-EXCLUSIVE PERPETUAL SLOPE EASEMENT AGREEMENT
is made and entered into this day of 1999, by and between
VILLAGE MARKETPLACE INVESTORS, LTD., a Florida limited partnership,
whose address is 5401 Kirkman Road, Suite 275, Orlando, Florida 32810 (hereinafter
referred to as the "Grantor"), and the CITY OF OCOEE, a Florida municipal
corporation, whose address is 150 N. Lakeshore Drive, Ocoee, FL 34761, (hereinafter
referred to as the "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in
Orange County, Florida, as more particularly described in Exhibit A attached hereto
and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, a non-exclusive perpetual slope easement over, upon, and across
the Easement Property for the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
Section 1. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to
Grantee a non-exclusive perpetual slope easement over, upon and across the Easement
Property for the purposes hereinafter stated (the "Easement"), all subject to the terms,
conditions, and limitations set forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor
has fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantor has full power and authority to
grant this Easement as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purposes
of Grantee, through itself, its agents, contractors, consultants, and employees
constructing a side-slope to support the improvements to Maguire Road as part of the
Maguire Road Widening Project, over, through, or under the Easement Property, with
the privilege of entering upon said land for the purpose of maintaining, operating, and
repairing said slope, together with the rights, easements, privileges, and appurtenances
in or to said land which may be required for the full enjoyment of the rights herein
granted.
Section 5. For the full enjoyment of the rights granted herein, the Grantee
shall have the further right to trim, cut, or remove trees, bushes, undergrowth, and
other obstructions or improvements interfering with the location, construction, and
maintenance of the slope improvements.
Section 6. This Easement is non-exclusive, and Grantor reserves to itself,
its successors and assigns, the non-exclusive right to use, pass and repass over and
upon the Easement Property. Each party shall use the rights granted and reserved by
this Easement Agreement with due regard to the rights of the other party to use and
enjoy the Easement Property. Grantor, however, shall not construct, install, or place
any improvements on, over, under, through, or across the Easement Property without
the prior written consent of Grantee.
Section 7. To the extent permitted by law, the Grantee agrees to indemnify
and hold harmless the Grantor from and against any and all claims, actions, causes of
action, loss, damage, injury, liability, cost or expense, including without limitation
attorneys' fees (whether incurred before, during or after trial, or upon any appellate
level), arising from the Grantee's use of the Easement Property or from the exercise by
the Grantee of any rights granted by this Easement Agreement.
Section 8. The Easement shall be binding upon and inure to the benefit of
the parties specified herein, their respective legal representatives, successors and
assigns, and the benefits and burdens hereof shall run with the Easement Property.
Section 9. This Easement._Agreement may be modified or amended only
upon the mutual written consent of Grantee and Grantor, or their respective legal
representatives, successors and assigns.
2
006.156766.1
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Easement Agreement to be executed as of the day and year first above
written.
Signed, sealed and delivered GRANTOR:
in the presence of:
VILLAGE MARKETPLACE
INVESTORS, INC., a Florida
Limited partnership
1).4 j p,e1 i{1! //,'f-``.o . %/,Jr.
Print Name fraT/12 Q By: `�
Name: �/!./ /• %j/7/-)
I f/ a / ?/T�� ,1 r,,�J ��/� (( Title: �': \r 7,
Print Name '17/)/, 'i ; „-7:1f?'?'�Cr,� '{r
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument. was acknowledged before me, this ,!W".day of -1 _,
/..]� '. `/2/r .� 1999, by /�'�� -)'(I a. _h,,`,,h as C'r( '�? I �}( i 6 ,C 711
VILLAGE MARKETPLACE INVESTORS, LTD., a Florida limited partnership.
(1Hi/She is [T,I personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this 1r. 1,42)
day of /`_n i'Ezk Y..r 1999. cF1 I
Notary Public
.,,,°,tic. Shelley D'Alessandro
*l`)*My Commission CC733643
'•,'�,.P Expires April 14,2002 Print Name
My Commission Expires:
•
006.156766.1
JOINDER, CONSENT, AND SUBORDINATION
THIS JOINDER, CONSENT, AND SUBORDINATION is made and executed this
1'a day of , 1999 by GENERAL AMERICAN LIFE INSURANCE
COMPANY, a corporation organized under the laws of the State of Missouri and licensed to
do business in the State of Florida ("Mortgagee"). The undersigned hereby certifies that
Mortgagee, is the holder of that certain Consolidated Mortgage, Security Agreement and
Fixture Filing filed May 12, 1999 in Official Records Book 5749, Page 1147, that certain
Collateral Assignment of Leases and Rents filed May 12, 1999 in Official Records Book 5749,
Page 1166, that certain Financing Statement filed June 4, 1999 in Official Records Book 5764,
Page 3307, and that certain Financing Statement filed December 28, 1998 in Official Records
Book 5645, Page 4027 by way of that certain full assignment of Financing Statement filed June
4, 1999 in Official Records Book 5764, Page 3370, all of the Public Records of Orange
County, Florida and that the undersigned hereby joins in and consents to the foregoing Non-
Exclusive Perpetual Slope Easement Agreement ("Easement") entered into between Village
Marketplace Investors, Ltd. and the City of Ocoee and agrees that the above-described
mortgages, security agreements, liens, and/or other encumbrances shall be subordinated to the
Easement.
Signed, sealed and delivered GENERAL AMERICAN LIFE INSURANCE
COMPANY, a Missouri corporation
licensed to do business in the State of Florida
y�
c
Print Name cr.Fa�-�� -v;r> �.- ��{. ,�.� 1.BY: •m
ff Its: Vice President/Authorized` prpsPrltat-ive
•
Printame / 4 y - (SEAL)
STATE OF MTSSrII IRT .
COUNTY OF ST. L.OUIS
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
/1r1A 7T1.1 E p- !Lt,C,u E.Li as ViC&_ P46S r D F_/Jr of GENERAL AMERICAN
LIFE INSURANCE COMPANY, a Missouri corporation licensed to do business in the State
of Florida, and who [x 1 is personally known to me or F 1 produced as
identification, and that he/she acknowledged executing the same on behalf of said rational corporation
)b kk x txi, in the presence of two subscribing witnesses, freely and voluntarily, for
the uses and purposes therein expressed.
WITNESS my hand and official seal in the County a d State last aforesaid this cQ 1'S+ day of
(�eeefrib , 1999.
Signs of Notary
Name of Notary(Typed, Printed or Stamped)
Notary Public-Notary dal ( YP � P )
STATE OF MISSOURI Commission Number(if not legible on seal):
ST.LOUISCOUNTY My Commission Expires(if not legible on seal):
NM COMMISSION EXP.JUNE 28,2003
4
006.156766.1
Signed, sealed and delivered GRANTEE:
in the presence of: CITY OF OCOEE, a Florida municipal
Corporation
By:
Print Name Name: S. Scott Vandergrift
Title: Mayor
Print Name Attest:
Name: Jean Grafton
Title: City Clerk
[Affix Seal]
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON , 1999
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. .
1999.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1999, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He
is ❑ personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 1999.
Notary Public
Print Name
My Commission Expires:
5
006.156766.1
Exhibit A
SE-13
LEGAL DESCRIPTION (PROPOSED ELOPE EASEMENT) Page 1 of 2
That part of Section 29. Township 22 South, Range 28 East. Orange County. Florida. being more
particularly described as follows:
Commencing at the intersection of the North right of way line of Professional Parkway and the
East right of way line of Maguire Rood; thence North 01'07'25" East a aistance of 370.66 feet
along said East right of way line to a point of curvature of a curve concave to the West, having
a radius of 5769.65 feet, a central angle of O1'42'00", a chord of 171.19 feet that bears
North 00'16'25" East, thence northerly along the aforesaid east right of way line and the arc
of said curve 171.20 feet to a point of tangency; thence continuing along said right of way line
North 00'34'35" West a distance of 89.59 feet to the POINT OF BEGINNING; thence continuing
along said right of way line North 00'34'35" West a distance of 40.00 feet; thence leaving said
right of way line North 89'25'25" East a distance of 10.00 feet ; thence South 00'34'35" East
a distance of 40.00 feet along a line 10.00 feet east of and parallel with the aforesaid East
right of way line; thence South 89'25'25" West a distance of 10.00 feet to a point on the
aforesaid East right of way line of Maguire Road and the POINT OF BEGINNING.
CONTAINING 400 square feet, more or less.
•
•
•
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Maguire Road from Station 201+00 to Station 202+00.
being North O1'07'25" East.
2. See Sheet 2 of 2 for Sketch of Description.
LEGAL DESCRIPTION Date. August 31, 1999 CERT. NO. L82108 asaoD
_ ►
FOR Job Na.: Scale: •
45800034 NOT TO SCALE inaw
Professional Engineering
Consultants, Inc. • SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61G17-6. Florida Administrative 324 N. Orlando Avenue
Code requires that a legal description Maitland, Florida 32751
drawing bear the notation that
THIS IS NOT A SURVEY. 407/647-8898
•
GAR B. KRICK
REGISTERED LAND SURVEYOR NO. 4245
Exhibit A
SE-13
SKETCH OF DESCRIPTION Pane 2of2
0
N
N89'25'25'E 10.00' PROPOSED
w SLOPE EASEMENT
o in 0'1 0�
N ;4-o1-r �o
M o air') UNE 10.00 FEET EAST OF
b`r `rb AND PARALLEL WITH THE
Q 0
EAST RIGHT OF WAY LINE
z3 `1 10.00'
Q Q n - S89'25'25"W
NJ %t Q °
Q 0� b POINT OF BEGINNING
0
0_ W N Z
Q P.T.
W o_
W
CC co z
I_ -- J
W
Y `^ L=171.20'
0O Mo m R=5769.65'
0=01'4200"
Z m N CB=N00'16'25'E •
Q 1.Q- CHORD=171.19' •
f % ,
P. W Z NOT
o J P.C. PLATTED •1" = 100'
W 3_ GRAPHIC SCALE
N 00 50 100 200
F. I
o x .
W
( in [r
O K N :D
Z 1��0
oI- O n
5
N Z
•
• V— POINT OF COMMENCEMENT
NORTH RIGHT OF WAY LINE
0
o PROFESSIONAL PKWY.
N
ABBREVIATIONS:
R/W = RIGHT OF WAY ( ..
L = LENGTH OF CURVE
R = RADIUS
A = CENTRAL ANGLE
..CB = CHORD BEARING
N = NORTH
E = EAST Jiifiey �.-.: lct
W = WEST • 4 I !7 ';L,it _ \
--- S = SOUTH • l/1 ay`�_\\
P.C. = POINT OF CURVATURE ilW1 t•_IM_
R.T. = POINT OF TANGENCY /II������SS-_
Drawing No. 45800034 SOUTHEASTERN SURVEYING 6c MAPPING CORP.
Job No. 45800 324 North Orlando Avenue
Dote: August 31, 1999 Maitland. Florida 32751-4702
Sheet 2 of 2 (407)647-8898 fax(407)647-1667
See Sheet 1 for Legal Description • e-mail:ssmc960aol.com Cert. No. LB-2108
-
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-39
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 1999, by and between VILLAGE
MARKETPLACE INVESTORS, LTD., a Florida limited partnership, whose address
is 5401 Kirkman Road, Suite 275, Orlando, Florida 32810 (hereinafter referred to as
the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation, whose
address is 150 N. Lakeshore Drive, Ocoee, FL 34761, (hereinafter referred to as the
"Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in
Orange County, Florida, as more particularly described in Exhibit A attached hereto
and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, a non-exclusive temporary easement over, upon and across the
Easement Property for the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
Section 1. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to
Grantee a non-exclusive temporary easement over, upon and across the Easement
Property for the purposes hereinafter stated (the "Easement"), all subject to the terms,
conditions, and limitations set forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor
has fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantor has full power and authority to
grant this Easement as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purpose
of Grantee, through itself, its agents, contractors, consultants and employees: (a)
performing such activities on the Easement Property as Grantee may deem reasonably
necessary in connection with the design, engineering, and construction of
improvements to a certain roadway known as Maguire Road which is located adjacent
to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the
Easement Property and the driveways, walkways, and other improvements thereon with
the construction of the Maguire Road Widening Project (the "Project") undertaken by
the City in conjunction with the aforesaid activities on the Easement Property.
Notwithstanding the foregoing, this Easement is granted upon the condition that the
sloping and/or grading upon the Easement Property shall not extend beyond the
Easement Property and that all grading or sloping shall conform to all existing
structural improvements within the Easement Property and all work will be performed
in such a manner that existing structural improvements will not be damaged.
Section 5. This Easement is non-exclusive, and Grantor reserves to itself,
its successors and assigns, the non-exclusive right to use, pass and repass over and
upon the Easement Property. Each party shall use the rights granted and reserved by
this Easement Agreement with due regard to the rights of the other party to use and
enjoy the Easement Property.
Section 6. The Easement shall terminate upon the earlier of (a) the
completion of the construction of the Project as certified by the City, or (b) December
31, 2001. Upon termination of the Easement, Grantee shall record a Notice of
Termination in the Public Records of Orange County, Florida.
Section 7. Grantee shall, at its sole cost and expense, restore any
improvements on the Easement Property that are damaged by Grantee incident to its
construction of the Project to a condition which approximates as closely as is
reasonably practicable the condition of said improvements prior to being damaged by
Grantee.
Section 8. To the extent permitted by law, the Grantee agrees to indemnify
and hold harmless the Grantor from and against any and all claims, actions, causes of
action, loss, damage, injury, liability, cost or expense, including without limitation
attorneys' fees (whether incurred before, during or after trial, or upon any appellate
level), arising from the Grantee's use of the Easement Property or from the exercise by
the Grantee of any rights granted by this Easement Agreement.
2
006.156740.1
Section 9. To the extent that any rules, regulations or ordinances of the
Grantee or any previously existing development approvals or any agreement between
the Grantor (or its predecessors in interest) and the Grantee require that certain
improvements, including but not limited to walls, signage, landscaping, irrigation and
berming, be constructed or installed within all or any portion of the Easement
Property, the Grantor agrees that it shall not construct or install any such improvements
within the Easement Property until the earlier of (i) the date of termination of this
Easement Agreement, or (ii) the written approval by the Grantee of a specific
improvement within the Easement Property. The aforementioned restrictions may be
waived by Grantee in whole or in part, at the Grantee's option. The Grantor may from
time-to-time request the approval of Grantee to construct or install certain
improvements within the Easement Property and Grantee covenants and agrees to grant
such approval unless the Grantee makes a good faith determination that such
improvement will interfere with the exercise by Grantee of its rights and privileges
under the terms of this Easement Agreement. Grantee covenants and agrees that it will
not defer or delay the issuance to Grantor of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantor to
complete improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however, that the Grantor shall, at Grantor's
sole cost and expense, promptly complete any such deferred or delayed improvements
upon the termination of this Easement Agreement or the waiver of such restriction by
the Grantee. Nothing contained in this Section shall be construed to release or
discharge the Grantor from any of its obligations and responsibilities with respect to
improvements to be constructed or installed within the Easement Property. This
Section is intended only to affect the timing of the Grantor's compliance with any such
obligations and responsibilities.
Section 10. The Easement shall be binding upon and inure to the benefit of
the parties specified herein, their respective legal representatives, successors and
assigns, and the benefits and burdens hereof shall run with the Easement Property.
Section 11. This Easement Agreement may be modified or amended only
upon the mutual written consent of Grantee and Grantor, or their respective legal
representatives, successors and assigns.
3
006.156740.1
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Easement Agreement to be executed as of the day and year first above
written.
Signed, sealed and delivered GRANTOR:
in the presence of:
VILLAGE MARKETPLACE
INVESTORS, LTD., a Florida
limited partnership
//7
it /i o AJ - /?i ,'D/t. All' .
Print Name /A p''' (-2,'7 C_I ,-Qz_i'_.1:77—
By:
I./,/ /.l ,$. J� d�; l f3 Name: k;/ l d ). .'J '%
Print Nam '.(-1I{c(-�}p Rio Title: /2 i c.;IldFi' -
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this�/C/ day 91 . 4
;r,{.,0T P . 1999, by -L��hd . ;..:E'YTh" `) as�%m�;����,„� cL
LLAGE MARKETPLACE INVESTORS, LTD., a Florida limited partnership.
1eJShe is °. personally known to me or [' has produced as
'identification.
WITNESS my,hand and official seal in the County and State aforesaid this f( %hh
` 1999.
day of �IMF (�/��:�' I' j
4y1_LOS' Shelley D'Alessandro Notary Public
o%r-.I*My Commission CC733643
9fp•',io.` Expires April 14,2002
Print Name
My Commission Expires:
4
006.156740.1
JOINDER, CONSENT, AND SUBORDINATION
�t THIS JOINDER, CONSENT, AND SUBORDINATION is made and executed this
` day of 1,--) cy\Ql e,((, 1999 by GENERAL AMERICAN LIFE INSURANCE
COMPANY, a corporation organized under the laws of the State of Missouri and licensed to
do business in the State of Florida ("Mortgagee"). The undersigned hereby certifies that
Mortgagee, is the holder of that certain Consolidated Mortgage, Security Agreement and
Fixture Filing filed May 12, 1999 in Official Records Book 5749, Page 1147, that certain
Collateral Assignment of Leases and Rents filed May 12, 1999 in Official Records Book 5749,
Page 1166, that certain Financing Statement filed June 4, 1999 in Official Records Book 5764,
Page 3307, and that certain Financing Statement filed December 28, 1998 in Official Records
Book 5645, Page 4027 by way of that certain full assignment of Financing Statement filed June
4, 1999 in Official Records Book 5764, Page 3370, all of the Public Records of Orange
County, Florida and that the undersigned hereby joins in and consents to the foregoing Non-
Exclusive Temporary Easement Agreement ("Easement") entered into between Village
Marketplace Investors, Ltd. and the City of Ocoee and agrees that the above-described
mortgages, security agreements, liens, and/or other encumbrances shall be subordinated to the
Easement.
Signed, sealed and delivered GENERAL AMERICAN LIFE INSURANCE
COMPANY, a Missouri corporation
licensed to do business in the State of Florida
pD411t1'&
Print`Namer--\ t=_ % By: t-x-\-P---r"H u_L-. P.
t Its: Vice President/Authorized Representative
' f•c 4 Lc t ��L i2 (SEAL)
Na} S A j G ( )
STATE OF MISSOURI
COUNTY OF ST. LOUIS
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
/i l A -1E P• Mc.e-,gui- as V i c� PP L-S r D&t7 of GENERAL AMERICAN
LIFE INSURANCE COMPA , a Missouri corporation licensed to do business in the State
of Florida, and who Ix 1 is personally known to me or [ 1 produced as
identification, and.that he/she acknowledged executing the same on behalf of said national corporation
l tilt i4gx/INKilfl lN, in the presence of two subscribing witnesses, freely and voluntarily, for
the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this p?/'5-74. day of
`7( eeeryl her , 1999.
azo5a,g,41_,L 0.
Signe of Notary
SUZANNE C F�1EMANN �/
Notary Public-Notary Seal Name of Notary(Typed,Printed or Stamped)
STATE OF MISSOURI Commission Number(if not legible on seal):
ST.LcONEXP.J COUNTY
UN Commission Ex ires not le ible on
ltilx COMMISSION�.7uNs ze,2oo3 My P (iflegible seal):
5
006.156740.1
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.
1999.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1999, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He
is ❑ personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 1999.
Notary Public
Print Name
My Commission Expires:
6
006.156740.1
Exhibit A
TCE-39
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) Page 1 of 2
That part of Section 29. Township 22 South, Range 28 East. Orange County, Florida, being more
particularly descrioed as follows:
Commencing at the intersection of the South right of way line of State Road 50 and the East right
of way line of Maauire Road; thence South 00'34.35" East a distance of 334.15 feet along said •
East right of way line to the POINT OF BEGINNING: thence leaving said right of way line
North 89'25'25" East a distance of 10.00 feet; thence South 00'34'35" East a distance of
70.00 feet along o line 10.00 feet east of and parallel with the aforesaid Eost right of way line;
thence South 89'25'25" West a distance of 10.00 feet; thence North 00'34'35" West a distance
of 70.00 feet along the aforesaid East right of way line of Maguire Road and the POINT OF BEGINNING
CONTAINING 700 square feet, more or less.
•
•
•
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Maguire Road from Station 208+00 to Station 209+00.
being North 00'34'35" West.
2. See Sheet 2 of 2 for Sketch of Description.
Date: CERT. NO. LB2108 45800
LEGAL DESCRIPTION August 31, 1999 L
,4r
FOR Job No.: Scale: A i 7% .1�'-
45800036 NOT TO SCALE _IM
Professional Engineering A''r�' ���=111
Consultants, Inc. • SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61G17-6, Florida Administrative 324 N. Orlando Avenue
Code requires that a legal description Maitland, Florida 32751
drawing bear the notation that 407/647-8898
THIS IS NOT A SURVEY. {�
GAR B. KRICK
REGISTERED AND SURVEYOR NO. 4245
•
Exhibit A
SKETCH OE DESCRIPTION Pae23of2
STATE ROAD 50
789 790 791 792 793
N
SOUTH RIGHT OF WAY LINE
w
z
POINT OF COMMENCEMENT
o
cy LL
0
x
c�
v
o
CL"Nw
ORANGE TREE PLAZA
PLAT BOOK 18 PAGE 144 1" =100
b NOT GRAPHIC SCALE
N J fn
o m PLATTED 0 5 0 100 200
N
POINT OF BEGINNING
N89'25'25"E
10.00'
.41 TEMPORARY
► N M o o CONSTRUCTION EASEMENT
o11oo
b o
o cn
Z UNE 10.00 FEET EAST OF
AND PARALLEL WITH THE EAST
• 10.00' RIGHT OF WAY LINE
o S89'25'25"W
•
ABBREVIATIONS:
_RAW = RIGHT OF WAY
L = LENGTH OF CURVE
R = RADIUS
= CENTRALHORDANGLE `_ Ste+,1 L7L�Y'�"�' ;L
CB = CHORD BEARING 1�( _ _ l��
N = NORTH I to _ •. I ng alLt_\\
E = EAST ` f / 11 I \
w = WEST
S = SOUTH
SOUTHEASTERN SURVEYING & MAPPING CORP.
Drawing .No.45800036 324 North Orlando Avenue
Job No. 4560D Maitland. Florida 32751-4702
Dote: August 31, 1999 Sheet 2 of 2 (407)847-8898 tas(407)647-1667
coa canal t �tnr I anal Deseriotion e-mnilssmc96®eol.com Cert. No. [9-2106
•
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-38
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 1999, by and between VILLAGE
MARKETPLACE INVESTORS, LTD., a Florida limited partnership, whose address
is 5401 Kirkman Road, Suite 275, Orlando, Florida 32810 (hereinafter referred to as
the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation, whose
address is 150 N. Lakeshore Drive, Ocoee, FL 34761, (hereinafter referred to as the
"Grantee").
WITNESSETH:
'WHEREAS, Grantor is the owner of that certain real property located in
Orange County, Florida, as more particularly described in Exhibit A attached hereto
and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, a non-exclusive temporary easement over, upon and across the
Easement Property for the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
Section 1. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to
Grantee a non-exclusive temporary easement over, upon and across the Easement
Property for the purposes hereinafter stated (the "Easement"), all subject to the terms,
conditions, and limitations set forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor
has fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantor has full power and authority to
grant this Easement as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purpose
of Grantee, through itself, its agents, contractors, consultants and employees: (a)
performing such activities on the Easement Property as Grantee may deem reasonably
necessary in connection with the design, engineering, and construction of
improvements to a certain roadway known as Maguire Road which is located adjacent
to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the
Easement Property and the driveways, walkways, and other improvements thereon with
the construction of the Maguire Road Widening Project (the "Project") undertaken by
the City in conjunction with the aforesaid activities on the Easement Property.
Notwithstanding the foregoing, this Easement is granted upon the condition that the
sloping and/or grading upon the Easement Property shall not extend beyond the
Easement Property and that all grading or sloping shall conform to all existing
structural improvements within the Easement Property and all work will be performed
in such a manner that existing structural improvements will not be damaged.
Section 5. This Easement is non-exclusive, and Grantor reserves to itself,
its successors and assigns, the non-exclusive right to use, pass and repass over and
upon the Easement Property. Each party shall use the rights granted and reserved by
this Easement Agreement with due regard to the rights of the other party to use and
enjoy the Easement Property.
Section 6. The Easement shall terminate upon the earlier of (a) the
completion of the construction of the Project as certified by the City, or (b) December
31, 2001. Upon termination of the Easement, Grantee shall record a Notice of
Termination in the Public Records of Orange County, Florida.
Section 7. Grantee shall, at its sole cost and expense, restore any
improvements on the Easement Property that are damaged by Grantee incident to its
construction of •the Project to a condition which approximates as closely as is
reasonably practicable the condition of said improvements prior to being damaged by
Grantee.
Section S. To the extent permitted by law, the Grantee agrees to indemnify
and hold harmless the Grantor from and against any and all claims, actions, causes of
action, loss, damage, injury, liability, cost or expense, including without limitation
attorneys' fees (whether incurred before, during or after trial, or upon any appellate
level), arising from the Grantee's use of the Easement Property or from the exercise by
the Grantee of any rights granted by this Easement Agreement.
2
006.156731.1
Section 9. To the extent that any rules, regulations or ordinances of the
Grantee or any previously existing development approvals or any agreement between
the Grantor (or its predecessors in interest) and the Grantee require that certain
improvements, including but not limited to walls, signage, landscaping, irrigation and
berming, be constructed or installed within all or any portion of the Easement
Property, the Grantor agrees that it shall not construct or install any such improvements
within the Easement Property until the earlier of (i) the date of termination of this
Easement Agreement, or (ii) the written approval by the Grantee of a specific
improvement within the Easement Property. The aforementioned restrictions may be
waived by Grantee in whole or in part, at the Grantee's option. The Grantor may from
time-to-time request the approval of Grantee to construct or install certain
improvements within the Easement Property and Grantee covenants and agrees to grant
such approval unless the Grantee makes a good faith determination that such
improvement will interfere with the exercise by Grantee of its rights and privileges
under the terms of this Easement Agreement. Grantee covenants and agrees that it will
not defer or delay the issuance to Grantor of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantor to
complete improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however, that the Grantor shall, at Grantor's
sole cost and expense, promptly complete any such deferred or delayed improvements
upon the termination of this Easement Agreement or the waiver of such restriction by
the Grantee. Nothing contained in this Section shall be construed to release or
discharge the Grantor from any of its obligations and responsibilities with respect to
improvements to be constructed or installed within the Easement Property. This
Section is intended only to affect the timing of the Grantor's compliance with any such
obligations and responsibilities.
Section 10. The Easement shall be binding upon and inure to the benefit of
the parties specified herein, their respective legal representatives, successors and
assigns, and the benefits and burdens hereof shall run with the Easement Property.
Section 11. This Easement Agreement may be modified or amended only
upon the mutual written consent of Grantee and Grantor, or their respective legal
representatives, successors and assigns.
3
006.156731.1
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Easement Agreement to be executed as of the day and year first above
written.
Signed, sealed and delivered GRANTOR:
in the presence of:
VILLAGE MARKETPLACE
INVESTORS, LTD., a Florida
limited partnership
////' ‘ig
mkg- J, h6 4IR1,Zn/c
Print Name � �`• fl4�6— g a l ra
By: ¢-
1� l l�'!,l /n'�I/,i7 47/I11:S� Name: }S f I D fl • K Fib-16
Print Name''./-?P//P / c"2vr//Z Title: Pi'?S Lc --►�
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this / //?day of;
� I r
T,,!c�','P l}? /� 1999, by /:' f)hd /-i . �J7ari/13asPr(s::.i,r-)- �,�'
}ILLAGE MARKETPLACE INVESTORS, LTD., a Florida limited partnership.
clJe/She is El personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this//,jE
i ,
day of A I,f i? rnhh 1999.
, xaN. Shelley D'Alessandro Notary P> lic
*.Ay*My Commission CC733643
%,�,,,�..�• 'Expires April 14,2002
Print Name
My Commission Expires:
4
006.156731.1
JOINDER, CONSENT, AND SUBORDINATION
THIS JOINDER, CONSENT, AND SUBORDINATION is made and executed this
�i day of •n , 1999 by GENERAL AMERICAN LIFE INSURANCE
COMPANY, a corporation organized under the laws of the State of Missouri and licensed to
do business in the State of Florida ("Mortgagee"). The undersigned hereby certifies that
Mortgagee, is the holder of that certain Consolidated Mortgage, Security Agreement and
Fixture Filing filed May 12, 1999 in Official Records Book 5749, Page 1147, that certain
Collateral Assignment of Leases and Rents filed May 12, 1999 in Official Records Book 5749,
Page 1166, that certain Financing Statement filed June 4, 1999 in Official Records Book 5764,
Page 3307, and that certain Financing Statement filed December 28, 1998 in Official Records
Book 5645, Page 4027 by way of that certain full assignment of Financing Statement filed June
4, 1999 in Official Records Book 5764, Page 3370, all of the Public Records of Orange
County, Florida and that the undersigned hereby joins in and consents to the foregoing Non-
Exclusive Temporary Easement Agreement ("Easement") entered into between Village
Marketplace Investors, Ltd. and the City of Ocoee and agrees that the above-described
mortgages, security agreements, liens, and/or other encumbrances shall be subordinated to the
Easement.
Signed, sealed and delivered GENERAL AMERICAN LIFE INSURANCE
COMPANY, a Missouri corporation
licensed to do business in the State of Florida
Print\Name m P,RT4-\4\ . I BY: m F e
((� Its: Vice Piesiddnt/Authorizeda presentative
Print I rrie /L1} '-/ ,4 • S A �-!f=N (SEAL)
STATE OF MISSOURI
COUNTY OF ST. LOUIS
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
MA r/ er c) e, /L1eC/+v y as Vi /D E,)T of GENERAL AMERICAN
LIFE INSURANCE COMPANY, a Missouri corporation licensed to do business in the State
of Florida, and who Fx 1 is personally known to me or 1 1 produced - as
identification, and that he/she acknowledged executing the same on behalf of said =bong corporation
IMiritinagkigiatioh, in the presence of two subscribing witnesses, freely and voluntarily, for
the uses and purposes therein expressed.
WITNESS my hand and official seal in the County nd State last aforesaid this r1IS1- day of
lie eernhe,r , 1999.
OZ
Signitfe of Notary
SUZAry uamee of Notary(Typed,Printed or Stamped)
Notaotstry Public-Notary Seal Name ( YP � P )
STATE OF M SSOURI Commission Number(if not legible on seal):
sr.LAMS COUNT( My Commission Expires(if not legible on seal):
MY COMMISSION .jUNB 23,2003
5
006.156731.1
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.
1999.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1999, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He
is ❑ personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 1999.
Notary Public
Print Name
My Commission Expires:
6
006.156731.1
Exhibit A.
TCE-38
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) Page 1 of 2
That part of Section 29. Township 22 South. Range 28 East, Orange County. Florida. being more
particularly described as follows:
Commencing at the intersection of the North right of way line of Professional Parkway and the
East right of way line of Maguire Road; thence North 01'07'25' East a distance of 370.66 feet
along said East right of way line to a point of curvature of a curve concave to the West, having
a radius of 5769.65 feet. a central angle of 01'42'00", a chord of 171 .19 feet that bears
North 00'16'25" East. thence northerly along the aforesaid east right of way line and the arc
of said curve 171.20 feet to a point of tangency; thence continuing along said right of way line
North 00'34'35' West a distance of 1 29.60 feet to the POINT OF BEGINNING; thence continuing
along said right of way line North 00'34'35" West a distance of 60.00 feet; thence leaving said
right of way line North 89'25'25' East a distance of 10.00 feet ; thence South 00'34'35" East
a distance of 60.00 feet along a line 10.00 feet east of and parallel with the aforesaid East
right of way line; thence South 89'25'25" West a distance of 10.00 feet to a point on the
aforesaid East right of way line of Maguire Road and the POINT OF BEGINNING.
CONTAINING 600 square feet, more or less.
•
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Maguire Road from Station 201+00 to Station 202+00.
being North 01'07'25' East.
2. See Sheet 2 of 2 for Sketch of Description.
Date: CERT. NO. LB2108 45800
LEGAL DESCRIPTION August 31, 1999 , li• Al
FOR Job No.: Scale: Pr ire a�n--t
45800035 NOT TO SCALE • 1/1- ', `�,C
Professional Engineering �b!m 11. ammo�
Consultants. Inc. SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61G17-6. Florida Administrative 324 N. Orlando Avenue
Code requires that a legal description Maitland, Florida 32751
drawing bear the notation that 407/647-8898
THIS IS NOT A SURVEY.
de"......-e =lin." 1"--GAR B. KRICK •
REGISTERED LAND SURVEYOR NO. 4245
Exhibit A
TCE-
SKETCH OF DESCRIPTION Page 238 of 2
I
t N89'25'25"E
0o 10.00' TEMPORARY
W CONSTRUCTION EASEMENT W
_Z i1_
r)O Jr )
v''i OI I��ccDD O_ i
OB SUM
n
0LINE 10.00 FEET EAST OF
a�ANO PARALLEL WITH THE
N 10.00' EAST RIGHT OF WAY LINE
Q I 89'25_25"W
f 3
Q 1' POINT OF BEGINNING
O l "
Q N�
b �
N W
z
0- Li j } P.T.
LLJ < 3
Li.l 1L
0
I— ' L - L=171.20'
I
W Y Q--0 R=5769.65'
A=01'42'00-
Z m �V
: E CB=NOO'16'25"E
O d CHORD=171.19'
CC 0
NOT
No P.C. PLATTED
W W 1 " =100
N N GRAPHIC SCALE
0 o`n 0 50 100 200
z z
0 /-* POINT OF COMMENCEMENT
ORTH RIGHT OF WAY LINE
PROFESSIONAL PKWY.
0
0
tV
ABBREVIATIONS:
R/W = RIGHT OF WAY
L = LENGTH OF CURVE
R = RADIUS
A = CENTRAL ANGLE
'CB = CHORD BEARING
N = NORTH S t<ltttt 1
= EAST ������ •�������
w = WEST _l'�7(� lY.4�i
S = SOUTH /IA 7'. `�g ��\�
P.C. = POINT OF CURVATURE 7 / I I ) \
P.T. = POINT OF TANGENCY
Drawing No.45800035 SOUTHEASTERN SURVEYING & MAPPING CORP.
Job No. 45800 324 North Orlando Avenue
Dote: August 31, 1999 Maitland, Florida 32751-4702
Sheet 2 of 2 (407)847-8898 fax(407)647-1667
See Sheet 1 for Legal Description e-meil:ssmc980aol.com Cert. No. LB-2108