HomeMy WebLinkAboutVII (B) Purchase Agreement - Maguire Road Widening Project: Acquisition fromm Christos and Deborah Anthony, as Trustees of the Christos and Deborah Anthony Revocable Living Trust •
Agenda 1-04-2000
Item VII B
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1 800 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, Esq., City Attorney
DATE: December 28, 1999
RE: Maguire Road Widening Project: Acquisition from Christos and Deborah
Anthony, as Trustees of the Christos and Deborah Anthony Revocable Living
Trust
Based on the Maguire Road Widening Project design prepared by PEC, the City
needs to acquire certain property interests from the Anthonys, whose ± 11 acre parcel is
located at the northwest corner of the intersection of the Florida Turnpike and Maguire Road.
The City needs to acquire, in fee simple, 2,974 square feet of right-of-way along the
property's southern Maguire Road frontage. The City also needs a 461 square foot right-of-
way triangle on the Anthony property across from the Professional Parkway intersection. This
triangle will accommodate the future placement of a traffic signal pole.
The City had the Anthony property appraised by Pinel & Carpenter, who
appraised the property at $3.15 per square foot. The Anthonys provided the City with an
appraisal prepared by Steve Matonis who appraised the property at $4.50 per square foot.
Copies of both appraisals are available for your review in the City Clerk's office. According
to the Citys appraiser the two parcels are worth $10,820.25. According to the Anthonys'
appraiser, the two properties are worth $15,457.50. The Anthonys, however, have agreed to
convey both pieces for the price of$13,383.00 which is the Matonis value of$4.50 per square
foot applied to just the 2,974 square foot piece (or $3.90 per square foot for the fee
acquisition).
Ca-
006.165508.1
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN, BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
FOLEY & LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
December 28, 1999
Page 2
Also needed are a slope easement, a drainage easement, and a temporary
construction easement. The Anthonys have agreed to convey these interests to the City for the
standard $250.00 being offered to all other property owners for necessary easements along the
alignment. The City has not obtained an appraisal of these easement interests.
In exchange for these agreements, the Anthonys have requested that the City
construct a turn-out on the Temporary Construction easement property which will match the
alignment of Professional Parkway. This turn-out is essentially a curb cut. The Anthonys also
have requested that the City install, on the Drainage Easement Property, a stormwater inlet
pipe to accommodate the drainage that is currently flowing from the Anthonys' property to the
Maguire Road Drainage system. The City Engineer and PEC have reviewed those requested
improvements and determined that their cost is minimal and that they are compatible with the
Project. Further, these improvements mitigate any damage which might otherwise be caused
by the Project.
Throughout the negotiations, the Anthonys have been assisted by Phil Hollis of
Hollis Engineering. The Anthonys have requested reimbursement of their reasonable
engineering fees incurred in reviewing the project, the legal descriptions and easements, and
the impact of the Project on the Anthonys' remainder property. After review of Hollis
Engineering's invoices, City staff has negotiated a not to exceed figure of$4,362.50.
Attached is a Purchase Agreement, under threat of condemnation, that sets forth
the terms outlined above. Although the purchase price for the fee parcels exceeds the City's
appraised value by $2,562.75, we recommend approval for the reasons set forth below. Also,
in the absence of a negotiated acquisition, it would be necessary for the City to condemn these
property interests and incur the cost of appraising the easement interests being acquired. Even
if the City were successful in condemning the property at the City's appraised value, the costs
incurred just by the City in prosecuting the action would substantially exceed $2,562.75.
Condemning authorities are also required by law to pay attorneys' fees and reasonable experts'
fees incurred by the property owner in defending a condemnation action. Negotiated
acquisitions significantly reduce these costs. For this reason, we also recommend payment of
the Anthonys' reasonable engineering fees.
RECOMMENDATION:
Approve the Purchase Agreement executed by Christos and Deborah Anthony,
as Trustees, authorizing execution thereof by the Mayor and City Clerk, and further authorize
the Mayor and City Clerk to execute all documents necessary to close the transaction,
including but not limited to the Easement Agreements.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.165508.1
PURCHASE AGREEMENT
This Purchase Agreement (the "Agreement") is made and entered into this )6
day of 0 ,,,.,,1j0,, 1999 by and between CHRISTOS ANTHONY and
DEBORAH ANTHONY, as Trustee of the Christos and Deborah Anthony
Revocable Living Trust, whose address is 6800 Silver Star Road, Orlando, Florida
32818 (hereinafter referred to as the "Seller"), and the CITY OF OCOEE, a Florida
municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida
32761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Seller is the owner of fee simple title to certain real property
located in Orange County, Florida, as more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof (the "Property"); and
WHEREAS, the Seller is also the owner of fee simple title to certain real
property located in Orange County, Florida, as more particularly described in Exhibit
"B" attached hereto and by this reference made a party hereof ("the Slope Easement
Property"); and
WHEREAS, the Seller is also the owner of fee simple title to certain real
property located in Orange County, Florida, as more particularly described in Exhibit
"C" attached hereto and by this reference made a part hereof ("the Drainage Easement
Property"); and
WHEREAS, the Seller is also the owner of fee simple title to certain real
property located in Orange County, Florida, as more particularly described in Exhibit
006.161057.1
"D" attached hereto and by this reference made a part hereof ("the Temporary
Construction Easement Property"); and
WHEREAS, the City is a Florida municipal corporation which is authorized to
exercise condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City is constructing the Maguire Road Widening Project (the
"Project") and in connection therewith needs to acquire from the Seller fee simple title
to the Property for a public roadway; a slope easement across the Slope Easement
Property; a drainage easement across the Drainage Easement Property; and a
temporary construction easement across the Temporary Construction Easement
Property; and
WHEREAS, the City has advised Seller that if the City and the Seller do not
enter into an agreement for the purchase and sale of the Property, the Slope Easement
Property, the Drainage Easement Property, and the Temporary Construction Easement
Property, that the City intends to use its power of eminent domain to condemn the
required interests; and
WHEREAS, Seller, under threat of condemnation, has agreed to sell the
Property, the Slope Easement Property, the Drainage Easement Property, and the
Temporary Construction Easement Property to the City, and the City has agreed to
purchase the Property, the Slope Easement Property, the Drainage Easement Property,
and the Temporary Construction Easement Property together with any and all
improvements, structures, fixtures and appurtenances thereto on the terms and
conditions stated below.
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006.161057.1
fib
NOW, THEREFORE, in consideration of the promises and other good and
valuable considerations exchanged between the parties hereto, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated
herein by reference.
2. The Purchase - The Property. Seller, under threat of condemnation,
agrees to sell and the City agrees to purchase, for the purchase price and on the terms
and conditions herein set forth, the Property, together with all tenements,
hereditaments, improvements, structures, fixtures, trees, shrubbery, roads and
easements, appertaining thereto and all of the Seller's right, title, and interest therein.
The Seller shall convey to the City marketable, fee simple title to the Property by
special warranty deed free and clear of all liens, mortgages and encumbrances, except
for restrictions, reservations and easements of record, if any. The instrument of
conveyance shall transfer all of Seller's interest in and to all improvements, fixtures,
easements, trees, shrubbery, rights-of-way, tenements and appurtenances belonging or
appertaining to the Property, including without limitation of the foregoing, all right,
title and interest of Seller in and to any land lying in the bed of any street, alley, road
or avenue (before or after vacation thereof, and whether previously abandoned or
vacated or hereafter abandoned or vacated).
3. Purchase Price. The Purchase Price for the Property shall be
THIRTEEN THOUSAND THREE HUNDRED EIGHTY THREE AND NO/100
DOLLARS ($13,383.00) (the "Purchase Price"). The parties hereto acknowledge and
agree that the Purchase Price: (a) constitutes full compensation to the Seller for the
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006.161057.1 c1
value of the Property and the resultant damage, if any, to the remainder of the lands
adjacent thereto owned by the Seller; (b) includes full compensation to the Seller for all
trees, shrubbery and other improvements on the Property, all of which may be
removed by the City in connection with the Project; and (c) includes compensation and
reimbursement to the Seller for all costs and expenses incurred or to be incurred
incident to this Agreement and the closing hereof, including but not limited to
attorneys' fees and appraisal fees.
4. The Purchase - The Slope Easement Property, the Drainage
Easement Property, and the Temporary Easement Property. Seller under threat of
condemnation, agrees to sell and the City agrees to purchase, for the purchase price
and on the terms and conditions herein set forth, the Slope Easement Property, the
Drainage Easement Property, and the Temporary Construction Easement Property
("The Easement Properties") together with all tenements, hereditaments,
improvements, structures, fixtures, trees, shrubbery roads and easements, appertaining
thereto and all of the Seller's right, title, and interest therein. The Seller shall convey
to the City title to the Easement Properties by the documents attached hereto as
Composite Exhibit "E."
5. Purchase Price. The Purchase Price for the Easement Properties shall
be TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00) (the "Purchase
Price"). The parties hereto acknowledge and agree that the Easement Properties'
Purchase Price: (a) constitutes full compensation to the Seller for the value of the
Easement Properties and the resultant damage, if any, to the remainder of the lands
adjacent thereto owned by the Seller; (b) includes full compensation to the Seller for all
4
006.161057.1 -, Q
trees, shrubbery and other improvements on the Easement Properties, all of which may
be removed by the City in connection with the Project; and (c) includes compensation
and reimbursement to the Seller for all costs and expenses incurred or to be incurred
incident to this Agreement and the closing hereof, including but not limited to
attorney's fees and appraisal fees.
6. Construction of Improvements. The City hereby agrees to construct,
for the benefit of Seller, a turnout on the Temporary Construction Easement Property
for future use by the Seller and/or its successors and assigns. Said turnout shall be
constructed so as to match the alignment of Professional Parkway at its intersection
with the east side of Maguire Road. The City also agrees to install, on the Drainage
Easement Property, a stormwater inlet pipe to accommodate the drainage that is
currently flowing from Seller's property to the Maguire Road drainage system.
7. Engineering Fees. The City agrees to pay Seller's reasonable
engineering fees incurred in reviewing this Purchase Agreement in an amount not to
exceed FOUR THOUSAND THREE HUNDRED SIXTY TWO AND 50/100
DOLLARS ($4,362.50.00).
8. Closing Costs; Tax Proration. The City shall pay all closing costs
associated with this Agreement, including all recording fees and documentary stamp
taxes relating to or resulting from the transfer of title to the City of the Property. Real
property taxes in connection with the conveyance of the Property shall be paid prorated
as of the day of the acceptance of the conveyance by the City and the prorated amount
shall be paid by the Seller and shall be escrowed in accordance with the provisions of
Section 196.295, Florida Statutes. Notwithstanding the foregoing, if the closing of title
5
006.161057.1
c-`
for the Property occurs between November 1 and December 31, then Seller shall pay
all real property taxes for the entire year.
9. Maintenance of Access. Throughout the Project, the City will maintain
for Seller's benefit access to the adjacent lands owned by the Seller as of the date
hereof(the "Parent Tract"); provided, however, that the Seller acknowledges that there
may be temporary periods during which access to the Parent Tract may be temporarily
rerouted due to construction activities associated with the Project.
10. Closing. Closing of title for the Property shall take place at the offices
of Foley & Lardner, 111 North Orange Avenue, Suite 1800, Orlando, Florida at 10:00
a.m. on January 31, 2000. The City's legal counsel shall be responsible for the
preparation of all closing documents, at the City's expense.
11. Additional Documentation. In connection with the conveyance of the
Property and the Easement Properties the Seller shall execute such closing documents
as may reasonably be required by the City, including but not limited to a standard form
no-lien affidavit, a non-foreign certification, and a closing statement.
12. Use of Property and Easement Properties Prior to Closing. From the
date hereof through the date of acquisition of the Property and the Easement
Properties, the City through its consultants, contractors and employees, will be and are
hereby authorized to enter upon the Property and the Easement Properties for the
purposes of having scientific investigation, surveying, and the taking of soil borings in
connection with the Project. Any boring holes made by the City shall be promptly
filled and packed to the surrounding earth level by the City.
6
006.161057.1
13. Further Documentation. The parties agree that at anytime following a
request therefor by the other party, each shall execute and deliver to the other party
such further documents and instruments, in form and substance reasonably necessary to
confirm and/or effectuate the obligations of either party hereunder and the
consummation of the transactions contemplated hereby. The provisions of this
paragraph shall survive the closing.
14. Specific Performance. Both the City and the Seller shall have the right
to enforce the terms and conditions of this Agreement by an action for specific
performance.
15. Time of Essence. Time is of the essence for this Agreement and in the
performance of all conditions, covenants, requirements, obligations and warranties to
be performed or satisfied by the parties hereto.
16. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings
and agreements, with respect to the subject matter hereof. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties only in writing by
formal amendment.
17. Applicable Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Florida.
18. Disclosure of Beneficial Interest. Contemporaneous with the execution
of this Agreement, Seller shall deliver to the City a public disclosure of its beneficial
ownership which shall comply with the requirements set forth in Section 286.23,
Florida Statutes. This Agreement constitutes a written notice from the City to Seller
7
006.161057.1 C.�
requesting the foregoing disclosure and informing Seller that such disclosure must be
made under oath, subject to the penalties prescribed for perjury.
19. Successors and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective legal representatives,
successors, heirs and assigns.
20. Negotiated Price to be Without Prejudice. The purchase price
specified herein was negotiated by the parties on the basis of a total price for the
Property and the Easement Properties and shall be without prejudice to any party, and
inadmissible in any condemnation proceedings which might hereinafter be brought if
this transaction is not closed for any reason whatsoever.
21. Time for Acceptance. The Seller is irrevocably executing this
Agreement prior to approval by the City; provided, however, that in the event the City
does not approve and execute this Agreement on or before January 18, 2000, then the
Seller's execution hereof shall be automatically terminated and the City shall
immediately return to the Seller the executed originals hereof.
22. Effective Date. The Effective Date of this Agreement shall be the date
that it is executed by the City and such date shall be inserted on the front page of this
Agreement.
8
006.161057.1 c�
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, to become effective as of the date and year first above written.
Signed, sealed and delivered SELLER:
in the esence of:
Oryn-eles--- /1 2/17 el k..a-arA
Christos Antho:y, as Trustee
f6vr?"-`-tL--- /1/ 2/7_ 4601/1-
Deborah Anthony, as Trustee
9
006.161057.1
t
Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift
Mayor
Attest:
Jean Grafton
City Clerk
[AFFIX SEAL]
Executed on: , 2000
For use and reliance only by the City of APPROVED BY THE OCOEE CITY
Ocoee, Florida. Approved as to form and COMMISSION AT A MEETING
legality this day of HELD ON
2000. 2000 UNDER AGENDA ITEM NO.
By:
Name:
City Attorney
Foley & Lardner
C-
10
006.161057.1
EXIIIBIT A
Page 1 of 3
LEGAL DESCRIPTION
That part of Section 29, Township 22 South, Range 28 East, Orange County, Florida, being more
particularly described as follows:
Beginning at the intersection of the northerly right of way line of Sunshine State Parkway and the west
right of way line of Maguire Road, said point being a point on a curve concave to the
southwest, having a radius of 4795.60 feet, a central angle of 00'17'36" and a chord of 24.56 feet,
that bears North 70'56'24" West; thence northwesterly 24.56 feet along the arc of said curve and
the aforesaid northerly right of way line; thence leaving said right of way line, North 04'53'50" East
a distance of 238.02 feet; thence South 88'29'43" East a distance of 4.76 feet to a point on the
aforesaid west right of way line of Maguire Road; thence South 06 24'05" West a distance of
34.67 feet along said west right of way line; thence continuing along said right of way line
South 00'32'35" East a distance of 210.60 feet to the POINT OF BEGINNING.
CONTAINING 2974 square feet, more or less.
SURVEYORS REPORT:
1. Easements or rights of way that appear on recorded plans or that hove been furnished to the surveyor by others
hove been incorporated into this drawing with appropriate notation. Other easements may be discovered by a search
of the Public Records.
2. No underground installations or improvements have been located except as noted.
3. There is no visible evidence on the ground of use of the property which might suggest a possible claim of easement.
other than those shown on the survey.
4. Measurement methods used for this survey meet MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING CH. 61G17-6
requirements.
5. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
6. Features shown by symbol as indicated in legend are not to scale.
7. The bearings shown hereon are based on the baseline of Maguire Road from Station 192+00 to Station 193+00,
being North 00'32'35" West.
8. See Sheet 2 of 2 for Boundary.
Dote: CERT. NO. L82108 45800049
Boundary Survey Oct. 1, 1999 -----"--
FOR Job No.: •Scale: a VII jr -q Cf.
45800049 NOT TO SCALE <mwv.
AmorAirmrm
s////11111111MaIRSWIM \
SOUTHEASTERN SURVEYING & MAPPING CORP.
Professional Engineering 324 N. Orlando Avenue
Consultants. Inc. Maitland, Florida 32751
407/647-8898
GAR B. KRICK ez--
REGISTERED LAND SURVEYOR N0,4245
EXHIBIT A
Page 2 of 3 ,
PROFESSIONAL
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1• = 100'
GRAPHIC SCALE '
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04" PLAT BOOK 18 PAGE 136
UTILITY POLE
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POINT OF BEGINNING
5980 FOUND 6-x6" CONCRETE
MONUMENT NO #-0.6'S & 0.3'E
SUN S981
ABBREVIATIONS: /A ,
R/W = RIGHT OF WAY /\//� 5g Q'
L = LENGTH OF CURVE ` 82
R = RADIUS `t 41
A = CENTRAL ANGLE /q / S98,j !/ 1 f 1\\ \l$\
CB = CHORD BEARING ^
N = NORTH �..!/�� a- I '•''�! ti-►
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P.C. = POINT OF CURVATURE
SOUTHEASTERN SURVEYING & MAPPING CORP.
Drawing No. 45800049 324 North Orlando Avenue
Job No. 45800 Maitland, Florida 3275 1-4 702
Date: Oct. 1, 1999 (407)847-8898 fax(407)647-l66
Sheet 2 of 2 e-mail:ssmc96@aol.com Cert. No. LB-.
8
See Sheet 1 for Legal Description and Surveyors Report
. EXHIBIT A
Page 3 of 3 —
LEGAL DESCRIPTION (PROPOSED ADDITIONAL RIGHT OF WAY)
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 South 89'42'01" West a distance of 80.02 feet across the
right of way of Maguire Road to a point on the West right of way line of said road and the POINT OF
BEGINNING; thence leaving said right of way line South 89'42'01" West a distance of 30.01 feet; thence
North 44'42'32" East a distance of 43.51 feet to a point on the aforesaid west right of way line; thence
along said right of way line South 01'07'25" West a distance of 30.77 feet to the POINT OF BEGINNING.
CONTAINING 461 square feet, more or less.
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PROPOSED 43.51' ^o POINT OF COMMENCEMENT
ADDITIONAL too 80.02'
RIGHT OF WAY 30.01' S89'42'01"W NORTH RIGHT OF WAY LINE
1MA.
S89'42'O1-w w CO PROFESSIONAL
JEEP USED IV OTHERS FOR INGRESS GRESS A EGRESS
POINT OF J m P K WY.
BEGINNING
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NOT PLATTED
rn 1' = 100'
.-- GRAPHIC SCALE
LA
w
c----- 0 50 100 200
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Maguire Rood from Station 200+00 to Station 201+00.
being North 01'07'25" East.
Date: CERT. NO. LB2108 45800055
LEGAL DESCRIPTION Nov. 9,1999 CS --
FOR Job No.: Scale: a i'�_���_IT� "A
45800055 1" = 100' iiA.�-5 i k! aiu w
/IIIIIII■MII-_ \
Professional Engineering SOUTHEASTERN SURVEYING do MAPPING CORP.
Consultants, Inc. 324 N. Orlando Avenue
CH. 61G17-6, Florida Administrative
Code rewires that o Iega desvglion Maitland, Florida 32751
drawing bear the notation that 407/647-8898
THIS IS NOT A SURVEY. KcL:-2(—
!/.'
_.--- `4 ,..dg.
GAR B. KRICK Q
REGISTERED LAND SURVEYOR NO. 4245
EXHIBIT B _
LEGAL DESCRIPTION (PROPOSED SLOPE EASEMENT)
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 88'52'35" West a distance of 80.00 feet across the
right of way of Maguire Road to a point on the West right of way line of said road; thence
North 01'07'25" Eost a distance of 38.15 feet along said right of way line to the POINT OF BEGINNING;
thence leaving said right of way line North 88'52'36' West a distance of 5.00 feet; thence along a line
5.00 feet west of and parallel with said west right of way line North 01'07'25" East a distance of
81.24 feet; thence North 89'31'11" East o distance of 5.00 feet to a point on aforesaid west right of way
line; thence along said line South 01'07'25" West a distance of 81.38 feet to the POINT OF BEGINNING.
CONTAINING 406 square feet, more or less.
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SLOPE EASEMENT—r-N It-
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a °a.�
LINE 5.00 FEET WEST OF AND O--" °'—
PARALLEL WITH WEST RIGHT Z
OF WAY LINE N88.52.36'w NO1'07.25"E f POINT OF COMMENCEMENT
5.0 ' 38.15'
POINT OF 80.00'
BEGINNING Ne�s2Z5'W PROFESSIONAL
.1 BY OTHERS FOR MO E °' J P K
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laiz m
NOT PLATTEDI J
L.
0
x rn I' = 100La
cc
GRAPHIC SCALE
r-
0 50 100 200
SURVEYORS REPORT
1. The bearings shown hereon ore based on the baseline of Maguire Road from Station 200+00 to Station 201+00,
being North 01'07'25' East.
Date: CERT. NO. L82108 45800053
LEGAL DESCRIPTION Nov. 9, 1999 CS -- t
FOR Job No.: Scale: 4 �it 1L1eiliaM` • • t`.
45800053 1" = 100' -'� 7 -n ib/�__a
l.
MM MUU W
Professional Engineering SOUTHEASTERN SURVEYING do MAPPING CORP.
Consultants, Inc. 324 N. Orlando Avenue
CH. 61C17-6. Florida Administrative
Code requires that a legal description Maitland, Florida 32751
drawing bear the notation that 407/647-8898
THIS IS NOT A SURVEY.
_...--\\ ,..3. Kct.:-.•-•(—
GAR B. KRICK
REGISitmU UWD SURVEYOR NO. 4245 l~�
• EXHIBIT C
LEGAL DESCRIPTION (PROPOSED DRAINAGE EASEMENT)
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 88'52'35" West a distance of 80.00 feet across the
right of way of Maguire Road to a point on the West right of way line of said road; thence North
01'07'25" East a distance of 28.79 feet along said right of way line to the POINT OF BEGINNING;
thence leaving said right of way line South 44'42'32" West a distance of 14.69 feet; thence
North 88'52'18" West a distance of 4.88 feet; thence along a line 15.00 feet west of and parallel with
said west right of way line North 01.07'25" East a distance of 20.00 feet; thence South 88'52'37" East
a distance of 15.00 feet to a point on aforesaid west right of way line; thence along said right of way
line South 01'07'25" West a distance of 9.36 feet along said right of way line to the POINT OF BEGINNING.
CONTAINING 246 square feet, more or less. I
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3
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0
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Z 1 . '2
LJ.J
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N
D
- 1
0' DRAINAGE AND
Q"' `""a""""EASENEkEr
(D NOT PLATTED
NOT PLATTED o Q
04
PROPOSED S88'52'37"E o POINT OF
DRAINAGE 15.00 o - BEGINNING
EASEMENT NO 1'O7'25"E MCA
UNE 15.00 FEET WEST OF 20.0 No1.07'25-E POINT OF COMMENCEMENT
AND PARALLEL WITH WEST '1 8" rN0 79'
RIGHT OF WAY UNE N88'S2 80.00'
4•82 N8852'35"W NORTH RIGHT OF WAY LINE
S44'4214?69 w ¢� z PROFESSIONAL., �a,> �r�. Z W PKWY,
J Vl
G a)
0 \�
I-.
I
x
U
h- .--
la 1' = 100'
GRAPHIC SCALE
00 100 200
SURVEYORS REPORT
(....--
1. The bearings shown hereon ore based on the baseline of Maguire Rood from Station 200+00 to Station 201+00,
being North 01'07'25' East.
Dote: CERT. NO. L82108 45800054
LEGAL DESCRIPTION Nov. 9, 1999 CS 14-- o
FOR Job No.: Scale: a L_1 b 'rt_t_k
v- i_1\
45800054 1" = 100' ./1,��� � ==�=
AUMIUMMIIIIIIIIIIL
\Professional Engineering
SOUTHEASTERN SURVEYING & MAPPING CORP.
Consultants, Inc. 324 N. Orlando Avenue
CH. 61C17-6. Florida Admintstrottrs
Code reoteres that a legal description Maitland, Florida 32751
droning bear the notation that 407/647-8898
THIS IS NOT A SURVEY.
GAR B. KRICK
RECl,ItKEU IAND SURVEYOR NO. 4245
EXHIBI T D
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT)
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 South 89'42'01" West a distance of 80.02 feet across the
right of way of Maguire Road to a point on the West right of way line of said road and the POINT OF
BEGINNING; thence along said right of way line run the following three courses: South 01'07'25" West a
distance of 60.02 feet; thence South 89'27'25" West a distance of 23.53 feet; thence South 06'24'05" West
a distance of 40.17 feet; thence leaving said right of way line South 89'41'58" West a distance of
32.80 feet; thence along a line 60.00 feet west of and parallel with said right of way line
North 01'07'25" East a distance of 100.03 feet; thence North 89'42'01" East a distance of 60.02 feet to
the aforesaid west right of way line and the POINT OF BEGINNING.
CONTAINING 4988 square feet, more or less.
J o
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lJ
in t`
N
r\ r
L., o ' ' I=
J p ` °
Q Z
4- N '
0
'a °QNMAM"��`m EASEMENT ' J NOT PLATTED
a W
I-
W m �
NOT PLATTED 3 o 'DINT OF
60.00 BEGINNING
TEMPORARY cfs
CONSTRUCTION N89.42'O1"E POINT OF COMMENCEMENT
EASEMENT 60'02 89 42'O1-W f I
• _ tV 3 60.02' NORTH RIGHT OF WAY LINE
NM PROFESSI ()LINEN
NAL
JEEP IRK USED BY maces FOR MRCSS A C EGRESS 0° CO n P K WY.
• 0 23.53' p w
z
o r\ o
UNE 60.00 FEET WEST OF AND O n N
PARALLEL WITH WEST RIGHT '� O 3 u '''---'"---HillIlIll
OF WAY LINE 32.80' N in o
S89'41'58"W in N r- i
N cv °t 1' = 100'
' Q1 N GRAPHIC SCALE
0o W
"' 3 0 50 100 200
1
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Maguire Rood from Station 200+00 to Station 201+00.
being North 01'07'25" East.
Dote: CERT. NO. L82108 ', 45800056
LEGAL DESCRIPTION Nov. 9, 1999 CS --
4 �.fi ra: .r-
FOR Job No.: Scab. a ice_ �_
45800056 1" = 100' 175 % ��
AV OINIMIIII1
Professional Engineering SOUTHEASTERN SURVEYING & MAPPING CORP.
Consultants, Inc. 324 N. Orlando Avenue
M. 61C17-6, Florida AdmMbtratiw
code requires that a legal desorption Maitland. Florida 32751
drawing bear the notation that 407/647-8698
THIS IS NOT A SURVEY.
GAR B. KRICK ��
REC4/txtD LAND SURVEYOR N0. 4245
COMPOSITE
EXHIBIT E
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-15
NON-EXCLUSIVE PERPETUAL SLOPE
EASEMENT AGREEMENT
THIS NON-EXCLUSIVE PERPETUAL SLOPE EASEMENT AGREEMENT
is made and entered into this _ day of 2000, by and between
CHRISTOS ANTHONY and DEBORAH ANTHONY, as Trustees of the Christos
and Deborah Anthony Revocable Living Trust, whose address is 6800 Silver Star
Road, Orlando, Florida 32818 (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 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. Grantors hereby give, grant, bargain, sell, and convey 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.
C..,0—.
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 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 Grantors reserve 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. Grantors, 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 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.
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 Grantors, or their respective legal
representatives, successors and assigns.
2
008.161149.1
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 GRANTORS:
in the presence of:
POzni-c
c6 L�
Print Name � i ", , CHRISTOS HOMY, as Trustee
Print Name Ledorui
Print Name ec¢ X.. G51 -- DEBORAH ANTHONY as T tee
Print Name
STATE OF FLORIDA
COUNTY OF ORANGE
3,4
// The foregoing instrument was acknowledged before me this �C day of
Oeccro'2 / 0-20007-by CHRISTOS ANTHONY, as Trustee. He is ersonally
known to me or ❑ has produced as identification. '/
7ry
WITNESS my hand and official seal in the County and State aforesaid this ,,
day of tae-e_.- 2000./ %
Notary Public
40- \ PAMELA K. LAUG t7n-64-
C
my I;.;r, iIn7/00
d Print Name
F*.;:'�L'c > Boned By Service Iris
No. CC525300 My Commission Expires: / /7-°
urn•. [j ana t D
3
006.161149.1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 1 day of
OeLe,274 nf`12OOO by DEBORAH ANTHONY, as Trustee. She is ersonally
known to me or ❑ has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of ca-m __ 2eeo./7%?
_____Pa-'-'e-010,— id
Notary Public
: PAMELA K. LAUG
f.__ , /4/�A y�L /` ��tg e�S'i My Comm I/17/00
�u3n?:dc > Bonded t y Ser.�ice Ins
/ No.CC525300 Print Name
.001u,1Cnown UUomQI.D. My Commission Expires: /-/2-0o
4 -�_
006.161149.1
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 , 2000
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
2000.
By:
Foley & Lankier
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:
5
006.161 149.1
_ •• EXHIBIT A
SE-15
LEGAL DESCRIPTION (PROPOSED SLOPE EASEMENT)
That part of Section 29, Township 22 South, Range 25 East. Orange County, Florio°. being more
particularly cescnoea as follows:
Commencing at the intersection of the North rignt cf way line of Professional Parkway ono the East
right of way : ne of Maguire Roca: thence North c8'52'35 West a distance of 80.00 feet :cross the
right of way cf Maguire Road to a point on the West rout of way line of said rood: thence
North 01'07'25- East a distance of 38.15 feet c:ong sold right of way line to the POINT CF BEGINNING;
thence leaving said right of way line North 88'52'25' west a distance of 5.00 feet: thence along a line
5.00 feet west of and parallel with said west rignt of way line North O1'07'25" East a distance of
81.24 feet: thence North 89'31'11" East a distance cf 5.00 feet to a point on aforesaid west right of way
line; thence c:ong said line South O1'07'25" West a aistance of 81.38 feet to the POINT CF BEGINNING.
CONTAINING 2-06 sauare feet, more or less.
z
N
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. r
.,. ,..
0 _
W= Z
EE� O
r
- a
in
W W
3 N 0 I
oW=
/ c2 Li—-
O n
N89'31'11"E "I
500 \ Q
— ` °'�"'°"�""'r'""�""'W 3 NOT PLATTED
PROPOSED gcnv:r -N
SLOPE EASEMENT~a� "'o• O)
11\-
LINE 5.00 FEET WEST OF AND Z 0
PARALLEL *TM WEST RIGHT
OF WAY uNE N88.52'36'W NO1'07'25E POINT OF COMMENCEMENT
38.15'
POINT OF 80.00
BEGINNING N�52Zsw PROFESSIONAL
W
WI
NOT PLAT 1 ED I W
i
= rn
r-
1' = I00'
GRAPHIC SCALE
i 0 50 100 200
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Idoquwr Roos from Station 200+00 to Station 201+00.
being North 011:17'25- EasL
Date: -CERT. NO. L82108 7 45800053
LEGAL DESCRIPTION Nov. 9, 1999 CS ar_ •
=:•.e...:»:.� .
Job No.: Score: a 1i�7i i I . • r�'i I•
FOR —�—�;r���
45800053 1" = 100' � ► 1 f ►ems W%.
/////881BEIM* \
Professional Engineering SOUTHEASTERN SURVEYING 6c LAPPING CORP.
Consultants. Inc. 324 N. Orlando Avenuet
a 61017-a. nano
Code,eeuese e.w a wee eefereU w AAoitland, Flondo 32751
aweM slew 11111 weIOUEM awn 407/647-8898
THIS IS NOT A 9,RVEY.
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-7
DRAINAGE AND ACCESS EASEMENT AGREEMENT
THIS DRAINAGE AND ACCESS EASEMEN,I AGREEMENT is made and
entered into this h day of O _-k,,A),t,- B rid and between CHRISTOS
ANTHONY AND DEBORAH ANTHONY, as Trustees of the Christos and Deborah
Anthony Revocable Living Trust, whose address is 6800 Silver Star Road, Orlando, Florida
32818 (hereinafter referred to as the "Grantors"), 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, Grantors 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 Grantors 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. Grantors 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.
oo6.161144.1 -1- ��—
Section 3. Grantors hereby warrants to Grantee that Grantors has fee title to the
Easement Property subject to easements, reservations, restrictions and rights-of-way of record,
if any, and that Grantors has full power and authority to grant this Easement as to the
Fasement 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 Grantors 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 Grantors reserves the right to
utilise 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 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 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 Grantors, 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
006.161 144.1
Signed, sealed and delivered GRANTORS:
in the presence of:
Print ame SuaA►.I.nIE ti° Ablay CHRISTOS ONY, as Trustee
/c.e,
Print Name TftrnA L4uq
/akela-k}
Print Name . DEBORAH ANTHONY, as rustee
Print Name e
STATE OF FLORIDA
COUNTY OF ORANGE
The foreg.;s: instrument was acknowledged before me this /t 6(- day of
� ryieiZ, a ,y CHRISTOS ANTHONY, as Trustee. He is ['personally known
to me or ❑ has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this 1(vday of
eu.vn ' -2000 ,qqq
Notary Public
PA ;LA K.LAW
.Ms•C;:;t;.. Ern 1;17/00 , 4#41,
i° 'PiPy�1L 1:- 1Bonde 1.By Service Ins
/ Iv'o.CCS?5300 Print Name
,,,aur*IOWA (JOtbaI.D. My Commission Expires: /Y? d
-3-006.161144.1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing '• trument was acknowledged before me this /G - day of
Aziotee#e .2000,1s�/DEBORAH ANTHONY, as Trustee. She is [personally known
to me or ❑ has produced as identification.
!� WITNESS my hand and official seal in the County and State aforesaid this //Nay of
Notary/� Public
FA'�.1 LA K.',AUG /grin g/4- / /-111C--
My aram Exp. 1/17/00 Print Name
i,j `1 Lo.nde l 3 y Service Ins
rig��� No.CC525300 My Commission Expires: /--/2 -6re
•t'�r--+ ,ibo,.a [)Other I.D.
006.161144.1 -4-
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 2000
DAY OF 2000. UNDER AGENDA ITEM NO.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF
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:
-5-
006.161144.1 �^
_ EXIIBIT A
DE-7
LEGAL DESCRIPTION (PROPOSED DRAINAGE EASEMENT)
That part of Section 29, Township 22 South. Range 28 East. Oronge County, Flonco. being more
particularly cescribed 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 88'52'35- West a distance of 80.00 feet across the
right of way of Maguire Road to a point on the West right of way line of said race; thence North
01'07'25" East a distance of 28.79 feet along said right of way line to the POINT OF BEGINNING;
thence leaving said right of way line South 44'42'32- West a distance of 14.69 feet; thence
North 88'52'18• West a distance of 4.88 feet; thence along a line 15.00 feet west of and parallel with
said west right of way line North 01'07'25 East a distance of 20.00 feet; thence South 88'52'37- East
a distance of 15.00 feet to a point on aforesaid west right of way line; thence along said right of way
line South 01'07'25- West a distance of 9.36 feet clang said right of way line to the POINT OF BEGINNING.
CONTAINING 246 square feet, more or less.
W
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T
La
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E No
0
N O
W U
z
3 o W,
r
/ ONACC
°..'"°` """"'T' " "' O NOT PLATTED
NOT PLATTED to Q
PROPOSED 58852 3rE o OINT OF
DRAINAGE 15.00
o ^ BEGINNING
EASEMENT NO1'07'25- Q'N
UNE 15.00 FEET WEST OF 200 Not-07'25E /POINT OF COMMENCEMENT
ANO PARALLEL WITH WEST /28.79' f
RIGHT OF WAY UNE N88"52 18 80.00'
4.88' N88-52'35W NORTH RIGHT OF WAY UNE
S44'4214?69 L.'L., m Z PROFESSIONAL
PKWY,
-. 71444 tfiD n anaa sae .oas r.o tDt� Z
J '- W
i c
a,3
O
U_
a, 1' = 100"
GRAPHIC SCALE
0 50 100 200
SURVEYORS REPORT I
1. The behonnids shown hereon ore based on the baseline of Mogul- Rood from Station 200+00 to Station 201+00.
being North 01'07'25" East.
LEGAL DESCRIPTION Dote: CERT. NO. L821os_ __ - 45800054
Nov. 9, 1999 CS •_
.:� _-e
FOR Job No.: Scale: 4 �f7f i f•`rr:1r- CI•
45800054 1" = 100' • ,aresragnimm-pm741.��
now
Professional Engineering wa imininiiiii \
SOUTHEASILRN SURVEYING It MAPPING CORP.
Consultants, Inc. 324 N. Orlando Avenue
ot. 61C17-6. navel AdminitroUra
cove, sac s. bust a Waal eo.v`Uan Maitland, Florida 32751
°"..'9 boar Ow notation that 407/647-8898
THIS IS NOT A SURVEY. tjc‘-.".•-y
. , e......,..,....it >.3
GAR 8. KRICK
arr....me n tun aw yrnIR 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
TCE-44
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this — day of 2000, by and between
CHRISTOS ANTHONY and DEBORAH ANTHONY, as Trustees of the Christos
and Deborah Anthony Revocable Living Trust, whose address is 6800 Silver Star
Road, Orlando, Florida 32818 (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 covey 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 reserve 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
006.161152.1 ���
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 their 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 they 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 Fasement 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
006.161152.1
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 GRANTORS:
in the presence of:
ame )t1/4y CHRISTOS ONY, as Trustee
Print Name R. Li
alana,tvataarx4
Print Name cg L ate, l Atl AI AG y DEBORAH ANTHONY, as ee
Print Name Pibriki.# K•.1..AG
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing in', spent was acknowledged before me this /661`'day of
r41 ._ O .y CHRISTOS ANTHONY, as Trustee. He is Er
personally known to me or ❑ has produced as
identification. //
WITNESS my hand and official seal in the County and State aforesaid this /(__
day of 1.) YYI t5M .20097/q/4q
/.<017
LAUG Notary Public
P,i�.C:^,.r:::,Exp. l/I 7/00 gt„,,m � L
�LT� c;�,��,:y' }'Service I (T
No.CC525300 Print Name
(IPP.nympows. t10ts"r1D. My Commission Expires: /'/7—Z0
4
006.161152.1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ll tday of
4,)tam 8M -2900,/ icy DEBORAH ANTHONY, as Trustee. She is a
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. Aqg
pAivtiV.!, K ;C; gmLek
_. t•„c C':;;r_ r:- 1/17/00
_ • ' , • .. Notary Public
.2tA,T5)›.) oin vice Ins
No.CC525300 fi/nFL-'51- Z C/"'4j'�sonaQY Known I 1 Mr 1.D
Print Name
My Commission Expires: /—/, -do
5
006.161152.1
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
006.161152.1
EXFIIBIT A
TCE-4-
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT)
That part of Section 29. Townshio 22 South. Ronde 28 East. Orange County. Florida. being more
particularly described as follows:
Commencing at the intersection cf the North right of Nay line of Professional Parkway and the East
right of way line of Maguire Roaa: thence South 89'42'01" ',Vest a distance of 80.02 feet across the
right of way of Maguire Roaa to a point on the West right of way line of said road and the POINT OF
BEGINNING: thence along said right of way line run the following three courses: South 01'07'25- West a
distance of 60.02 feet: thence South 89'27'25" West a distance of 23.53 feet: thence South 0624'05" Wes
a distance of 40.17 feet: thence leaving said right of way line South 89'41'58" West a distance of
32.80 feet; thence along a line 60.00 feet west of and parallel with said right of way line
North 01'07'25- East a distance of 100.03 feet: thence North 89'42'01" East a distance of 60.02 feet to
the aforesaid west right of way line and the POINT OF BEGINNING.
CONTAINING 4988 square feet. more or less.
W
O
N
w
`n
N•
W O
J O rLiJ^'
Z
� N
I— LA CD
OMeMO[YO URJf1 fA4]O1T U LA
W Q NOT PLATTED
vi <,
W co
i
NOT PLATTED a, 'DINT OF
60.00' BEGINNING
TEMPORARY
CONSTRUCTION N89'42'01'E 7-POINT OF COMMENCEMENT
EASEMENT 60.02' 89'42-01-W
W cV 3 80.02' 4ORTH R OF WAY LINE
�. ° u PROFESSIONAL
JEEP TuOl USED SY OTHERS FM INDICIS MO EXAM PK a
0 23.53' o z
0 — r` J
0
'SO
UNE 60.00 FEET WEST OF AND
PARALLEL WITH WEST RIGHT 'r O
OF WAY UNE 32.80' N,r,
S89'41'58"W N
o F. ai ¶ 1' = 100'
`n `11 GRAPHIC SCALE
co N _���
0 100 200
SURVEYORS REPORT
1. The beanngs shown hereon ore based on the baseline of Maguire Rood from Station 200+00 to Station 201+00,
being North 01'07'25 East
LEGAL DESCRIPTION Dote CERT. NO. Lla2los_- .sa000se
Nov. 9, 1999 CS J _" Ny
� • ` "- •
FOR Job No.: Score: 1_11 !I _ _ t•
45800056 1 = 100' = l�' 4/ . MUM
Professional Engineering SOUTHEASTERN SURVEYING do MAPPING CORP.
Consultants, Inc. 324 N. Orlando Avenue
CH. 61017-6. Florida A•twr esw
Code r.a„r.. use( . toque e«vsuue. Maitland. Florida 32751
dr""q beer w nel.h.A 407/647-8696
TH*S IS NOT A S EWY 1.,/sciL
3
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