HomeMy WebLinkAboutIII (A) Approval and Authorization for Mayor and City Clerk to Execute the Non-Exclusive Temporary Easement and Drainage Access Easement Agreements with Cross Creek Homeowners' Association and Authorization for Payment of $250.00 Agenda 1-04-2000
Item III A
FOLEY & LARDNER
CHICAGO A T TP8St 6FrrldESBOA 19t3A W SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 3280 I-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
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, Esq., Assistant City AttorneyL4-b
THROUGH: Paul E. Rosenthal, City Attorney
DATE: December 22, 1999
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Non-Exclusive Temporary Easement and Drainage and Access Easement from Cross Creek
Homeowners' Association, a property owner along Maguire Road. Cross Creek
Homeowners' Association, Inc. has agreed to grant these interests at no cost to the City.
Attached are the original Cross Creek Homeowners' Association, Inc. Non-Exclusive
Temporary Easement and Drainage and Access Easement Agreements which have been
executed by Cross Creek Homeowners' Association, Inc. City staff, however, recommends
the payment of $250.00 to Cross Creek Homeowners' Association, Inc. 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 and Drainage and Access
Easement Agreements, authorizing execution thereof by the Mayor and
City Clerk; and
2. The payment of$250.00 to Cross Creek Homeowners' Association, Inc.
to cover its costs in reviewing and executing these agreements.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.165339.1
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
TCE-30
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this _ day of 1999, by and between CROSS
CREEK HOMEOWNERS' ASSOCIATION, INC., a Florida non-profit
corporation, whose address is 255 S. Orange Avenue, Suite 1350, Orlando, Florida
32801-3459 (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
006.153752.1
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
006.153752.1
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:
CROSS CREEK HOMEOWNERS'
ASSOCIATION, INC.
Print Name By: A,a7t. fab-e
Name: Li CC. KC he rtS
Title: K'S.I der ,r, Cr N A
Print Name r7\1 :1)4N-Del
STATE OF r�0
COUNTY OF G t,�vy _
4
The foregoing instrument was acknowledged before me this o)f,I// day of
�Q,�I�P• 1999, by L. Sk as of
Cross Creek Homeowners' Association, Inc. He/She is ❑ personally known to me or
has produced f L DZ1' I4,1- '12-i" G'4as identification.
ITNESS my hand and official seal in the County and Stat ' oresaid this 0,4.1
day of cic , 1999.
otary fi
o4,,AY pis`
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Print Name * tid * My Commission CC601570
ui�My Commissis ��e
.Expires November 14 2000
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006.153752.1
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
006.153752.1
Exhibit A TCE 30 LEGAL DESCRIPTION •
Page 1 of 2 TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
(Temporary Construction Easement)
A STRIP OF LAND BEING THE WEST 34.00 FEET OF "BRIDGE CREEK BOULEVARD'', BEING A
PORTION OF TRACT E" CROSS CREEK OF OCOEE, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 33, PAGES JO AND 31, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA, SAID STRIP OF LAND BEING CONT7G000S WITH AND ADJACENT TO THE EASTERL Y
RIGHT—OF—WAY LINE OF MAGU/RE ROAD.
CONTAINING 3 060 SOUARE FEET MORE OR LESS.
ti
SURVEYOR'S NOTES:
(1) THIS MAP OF BOUNDARY SURVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND
ORIGINAL RAISED SEAL OF 7HE FLORIDA LICENSED SURVEYOR AND MAPPER IDEN71F1ED
BELOW
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELA 17VE TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SEC770N 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING
NORTH 0028 43" WEST.
(3) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENTS REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DEUN£A 770N OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS INSTRUCTIONS.
DAI4D A. WHITE, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS: INC
CER77F7CA1E OF AU7HORIZA710N NO. LB-3556
SHEET 1 OF 2
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suit. 1560 • Edo Pork Centre • 200 Eost Robinson Street • GHonoa Florida J2801 • 407/422-8062
SECTION 32. TOWNSHIP 22 SOUTH, RANGE 28 EAST
Exhibit A
3
TCE0
LEGAL DESCRIPTION
Page 2 of 2 TEMPORARY CONSTRUCTION EASEMENT
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SHEET 2 OF 2
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DESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
P�C engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sulu 1560 • Edo Pant Centre • 200 East Robison Strert • Orlando. Florida 32801 • 407/422-8062
SECTION 3Z. TOWNSHIP 22 SOUTH, RANGE 28 EAST
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•
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-4
DRAINAGE AND ACCESS EASEMENT AGREEMENT
THIS DRAINAGE AND ACCESS EASEMENT AGREEMENT is made and
entered into this day of 1999, by and between CROSS CREEK
HOMEOWNERS' ASSOCIATION, INC., a Florida non-profit corporation, whose address
is 255 S. Orange Avenue, Suite 1350, Orlando, Florida 32801-3459 (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.
006.154547.1 -1
•
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 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.
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.
-2-006.154547.1
Signed, sealed and delivered ' the presence: GRANTOR:
CROSS CREEK HOMEOWNERS'
ASSOCIATION, INC.
Print e: By: s-
1A.la 114q.jan)
kLt ?c1-*- Name: ( 1 Sa Ca b
Print Name: N 1 TA -v-A Di t\ Title: •C rest dE''nt- C14A
STATE OF FLORIDA
COUNTY OF 1).--61.._vQ -
The foregoing instrument/was ac o led ed before me this(� l-1 day of
r Jf�- 1999, by Li54- �d't" , as of Cross
Creek Ho e wners' Association, IN. He/She is ❑ personally known to me or has
producedD e,3")1�1-611" / identification.
WITNES my hand and official seal in the County and St afor said this stay of
c t-L-44.ti. 1999.
Notary Public y Pus
4.1.0 Stephanie Patel
. . *• My Commission tr6au1570
Print Name 7� F,p,.o. ;a 2000
My Commission Expife i„e>
-3-
006.154547.1
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
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:
-4-
006.154547.1
Exhibit A LEGAL DESCFIPTION
DE-4
Page I of 2 DRAINAGE EASEMENT
LEGAL 2 ESCRIP 770N
(Drainage Easement)
A PARCEL CF LAND BEING THE NORTH 15.00 FEET OF THE KEST 15.00 FEET CF TRACT A"
CROSS CREEK. OF CCOEE: ACCORDING TO THE PLAT THEREOF.. AS RECORDED IN PLAT BOOK
JJ PAGES JO AND J1, PUBLIC RECORDS CF ORANGE COUNTY, FLORIDA, SAID PARCEL BEING
CONTIGUOUS iI/TH AND ADJACENT TO THE EASILkL Y RIGHT—OF—WAY LNE CF MAGU/RE
ROAD.
CONTAINING 225 SQUARE FEET MORE CR LESS.
SURVEYORS NOTEE-
(1) NO ABSTRACT FOR RIGHTS—OF—WAY, EASEMENTS, OWNER. IIP OR OTHER INSTRUMENTS
OF RECORD HAVE BEEN FRONDED BY THIS FIRM.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE EAST LINE OF THE
NORTHEAST OUARTFR OF SEC770N J1, TOWNSHIP 22 SOUTH, RANGE 25 EAST; BANG
NORTH 0028'43" 'WEST.
(3) THE "LEGAL DESCRIP77AN" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT 7HE
cuairs REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A f7ELD SURVEY, AS SUCH.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER 7HE CLIENTS INSTRUCTIONS:
DAND A. WHITE, FEM.
FLORIDA REGISTRATION NO. 4044
PROF ES37ONAL ENGINEERING CONSULTANT INC.
SHEET OF 2 CERTIFICATE OF AUTHORIZA 17ON NO. LB-3556
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suit 1560 • Edo Pat Cantrs • 100 East Rodrasl Sfrset • trfaga fkrtia J2101 • 407/422-80g2
Cfr•TTIbt 1•1 Triwucutt] CNITLI O•►lr- III ['ACT
Exhibit A I.FGAL DESCRIPTION
DE-4 I h
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engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sat. 1560 • £do Pot Co.are • 2L17 tart Ro8hra, SIngot • a'io+eu. f7aids 321101 • 407/422-0062
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