HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor and City Clerk to Execute Non-Exclusive Temporary Easement, Drainage and Access Easement, and Non-Perpetual Slope Easement Agreements with Annette Waldon and Authorization for Payment of $250.00 Agenda 3-07-2000
Item
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FOLEY & LARDNER
CHICAGO A T T 142th 16FFFI ES B04(TL 163k w 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 TAM PA
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:AttorneyPAD
THROUGH: Paul E. Rosenthal, City Attorney
DATE: February 23, 2000 °l
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Non-Exclusive Temporary Easement, a Drainage and Access Easement, and Non-Exclusive
Perpetual Slope Easement from Annette Waldon, a property owner along Maguire Road.
Annette Waldon has agreed to grant these interests at no cost to the City. Attached are the
original Non-Exclusive Temporary Easement, Drainage and Access Easement, and Non-
Exclusive Perpetual Slope Easement Agreements which have been executed by Annette
Waldon. City staff, however, recommends the payment of $250.00 to Annette Waldon to
cover her 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 Annette Waldon to cover her costs in
reviewing and executing these agreements.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.171898.1 (70500
ESTABLISHED 1842
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART /y-��
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-9
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
ANNETTE WALDON,, whose address is 11000 Groveshire Court, Ocoee, Florida
34761 (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 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.
•
006.156543.1
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:
nt Name vi - 0tO r1 TTE WALDON
e
Print Na fk
STATE OF FLORIDA l
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this �6,,(day of
2000, by ` TTE WALDON. She is ❑ personally known to me
or t❑—has roduced F d— IJ 1— as identification.
WITNESS my hand and official seal in e County and Sta e aforesaid this r
day of 2000.
Notary t c-1/
iktW
Print Name
My Commission Expires:
�o+ . Mary A Doty
* 7 *My Commission CC817224
3,,,n,..."Expires July 7.2003
3
006.156543.1
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 & 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:
4
006.156543.1
LEGAL DESCRIPTION
EXHIBIT A
SLOPE EASEMENT $E-9
PArF 1 nF 2
LEGAL DESCRIPTION
(Slope Easement)
A STRIP OF LAND BEING THE EAST 5.00 FEET CF LOT 66. PLANTATION GROVE WEST,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGES 2 AND J,
PUBUC RECORDS OF ORANGE COUNTY. FLORIDA. SAID STRIP 'OF LAND BEING CONTIGUOUS
iNTH AND ADJACENT TO THE WESTERLY RIGHT—OF—WAY-LINE OF MAGUIRE ROAD.
CONTAINING 796 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES:
(I) THIS MAP OF BOUNDARY SURVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND
ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER'IDENTIFIED
BELOW.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SECTION J1, TOWNSHIP 22 SOUTH. RANGE 28 EAST, BEING
NORTH 0028.43" WEST.
(J) THE "LEGAL DESCRIPTION- HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S REQUEST. •
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. AS SUCH.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
•
DAM A. WHITE, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
SHEET t c i CERTIFICATE OF AUTHORIZATION NO. LB-3556
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
S.:fe MO • Edo Path Contr. • 200 East Rottman Sweet • &,Mpq Lando J2001 • 407/422-8062
SECTION 31, TOWNSHIP 22 SOUTH, RANCE 28 EAST
Ol1F• ■-13-99 PREP BY: P.5 I CRAM BY J I .na Mt} et-]]I
• ' • - r
EXHIBIT A
LEGAL DESCRIPTION SE-9
SLOPE EASEMENT PAGE 2 OF 2
I 1
i I
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(P.B. 26, PGS 2 & J) I ___f '
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, . • S G/lilr I 50.00'
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LOT 65 lr
PLANTATION GROVE WEST N65774',34 k c
LEGEND (P•B. 26, PGS 2 & J)
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(P) - PiA7IE0
P.O - PIAI BOas I
SHEET 2 OF 2
SEE SHEET I OF 2 FCR LEGAL
DESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY
3
0
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sulk 1560 • Lao Poe Dn
Centre • 200 East Rosco Street • O/enoa Ferei,to 12801 • 407/422-5062 'i
MM SECTION 31, TOSHIP 22 SOUTH, RANCE 28 EAST I.
T I _.. . I __ .._ ... •.. Q
'
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-11
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2000, by and between
ANNETTE WALDON whose address is 11000 Groveshire Court, Ocoee, Florida
34761 (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 coveys 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
006.156538.1
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
006.156538.1
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:
int Nam 2 OSCc •
TTE WALDON
Clip- fill
PrintNae Rh24 05611
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ' day of
Ft,10 '.`') 2000, by ANNETTE WALDON. She is ❑ personally
known tow m€ or 2lias produced FL. as identification.
WITNESS my hand and official seal in the County and tat aforesaid this a4
day of celatt.A.est 2000.
Notar bli
Dj2/
Print Name
My Commission Expires:
0,134NMary A Doty
A .kMy Commission CC817224
Vrd,• Expires July 7,2003
4
006.156538.1 -
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. VIII C.
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:
5
006.156538.1
LEGAL DESCRIPTION EXHIBIT ATCE-11
TEMPORARY CONSTRUCTION EASEMENT PAC,F 1 nF 7
LEGAL DESCRIPTION
(Temporory Construction Easement)
A STRIP OF LAND BEING THE WEST 5,00 FEET OF THE EAST 1R00 FEET OF LOT 66,
PLANTATION GROVE WEST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
26, PACES 2 AND J, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LESS THAT PORTION LYING WITHIN THE FOLLOWING.:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 65 FOR THE POINT OF BEGINNING,
SAID POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF MAGU/RE ROAD: THENCE RUN
NORTH 6517434" WEST, ALONG THE SOUTH LINE OF SAID LOT 65, A DISTANCE OF 16.51 FEET
TO A POINT LYING 15.00 FEET WEST OF AS MEASURED PERPENDICULAR, SAID WESTERLY
RIGHT-OF-WAY LINE AND SAID EAST LOT LINE: THENCE RUN NORTH 0078'43" ►s£ST,
PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE AND SAID EAST LOT LINE, J.51 FEET;
THENCE RUN NORTH 89'J1'17"EAST, 15.00 FEET TO A POINT LYING ON SAID WESTERLY
RIGHT-OF-WAY LINE AND SAID EAST LOT LINE; THENCE RUN SOUTH 0078'43"EAST, ALONG
SAID WESTERLY RIGHT-OF-WAY LINE AND SAID EAST LOT LINE, 10.73 FEET TO THE POINT OF
BEGINNING.
CONTAINING 740 SQUARE FEET, MORE OR LESS
SURVEYORS NOTES
(1) THIS MAP OF BOUNDARY SURVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND
ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER ID£NTTF/ED
BELOW
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE EAST LINE OF THE
NORTHEAST WARIER OF SECTION J1, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
NORTH 0028'4J" WEST
(J) THE "LEGAL DESCRIPTION"HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
DAVID A. WHITC, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSUL TANTS INC.
CERTIFICATE OF AUTHORIZATION NO. LB-3555
SHEET 1 OF 2
C
PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers plonners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB'3556 •.
Suit. 1560 • Lola Ave Centre • 200 East Roeweon Street • Wanda nentla 22801 • 407/423-e062
SECTION 31, TOM SHIP 22 SOUTH,-RANGE 28 EAST
HIBIT
F--- LEGAL DESCRIPTION ETCE-11A
TEMPORARY CONSTRUCTION EASEMENT PAGE 20F 2
LOT 67 I
SI)
PLANTA 110N GROVE KfST
(P.B. 26, PCS 2 & J) I rX
J � so.oo'
— U
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— T.�I'i1 P. r-
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— STY EA NT (P) —— I u; I ^u'i
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; I
1 '1
740 SO.FT. ` r,l
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LOT 66 ! co o oo
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(P.B. 26 PCS 2 & 3) Im rn
t CO CO 2 2
Rl a a
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�I Rl rn O rr v I rt
LINE TABLE I N I o a 0 4 Cm
LINE BEARING LENGTH "--\ci� o �, ^�' v
L1 58931'171W 5.00' iv
L2 N0028'431W 3 61' o o 0.
L•T N89 31'17T 1500' I a o a
L4 N7171'177- 5.27' I -o o I
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LOT 65 ` `r4' SE. CORNER, LOT 66
Cr.PLANTA 170N GROVE Kf ST
LECiNO (P.B. 26• PGS 2 & .3) I C,
I �
paw- Pa or accawNC I t�i1
P.aC - POWI Or CONIENCIieNr ti N
SIC - SECOOV R
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ORD - a7?aA1 RECORDS DOa' I I R
PC - PACE
San - SOUARf FEET I I tZ
• (IV - PLAr7ED
Pit - Pursoar
I I
SHEET 2 OF 2 • --j
SEE SHEET I OF 2 FOR LEGAL
OESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY
O
cki
PEC / PROFESSIONAL ENGINEERING CONSULTANTS,surveyors INC. L.
engineers planners
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 ;.)
Suits 1360 • Eats Pert--Canby • 700 Coss Reasaoe Strnl • Ogeela nOINIA J7e01 • 407/427-1012
ks
•
SECTION 31• TOWNSHIP nsOUTM.=RANGE 28.EAST o
____ _ __ __ I Pet,eh... ee I ro�.r.®w ... , I ,ro Ill, nc_ee. j
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-3
DRAINAGE AND ACCESS EASEMENT AGREEMENT
THIS DRAINAGE AND ACCESS EASEMENT AGREEMENT is made and
entered into this day of 2000, by and between ANNETTE WALDON,
whose address is 11000 Groveshire Court, Ocoee, Florida 34761 (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.
-1-
006.156424.1
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 9ther 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-
006.156424.1
Signed, sealed and delivered in the presence: GRANTOR:
-4441-1:& iee,044A;),1 N eial:}1
1 t Name: c JP,4M POSO Vf 0
TTE WALDON
Print N 1.e: )'t-5-11
STATE OF FLORIDA
COUNTY OF Q (�L --,,
The foregoing instrument was acknowledged before me this �t day of
2000, by ANNETTE WALDON. She is personally known to me
or [ems pro uced FL . ) 1_-- as identification.
WITNESS my hand and official seal in the County and State aforesaid this ?day of
tit/ l 2000.
(L)(__I\
`U
Notary Pub c
Print Name
My Commission Expires:
Mary A Doty
` i*My Commission CC817224
e Expires July 7,2003
-3-
006.156424.1
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 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:
-4-
006.156424.1
LEGAL DESCRIPTION .-XHIBIT A
DRAINAGE EASEMENT DE-3
PAT'F 1 f1F 7
LEGAL DESCRIPTION
(Drainage Easement)
A PARCEL OF LAND LY/NC IN LOT 66. PLANTATION GROVE WEST, ACCORD/NC TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 26, PAGES 2 AND J, PUBLIC RECORDS OF ORANGE
COUNTY. FLORIDA, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 66 FOR 7HE POINT OF BEGINNING,
SAID POINT L YING ON THE WESTERLY RIGHT—OF—WAY LINE OF MAGU/RE ROAD; THENCE RUN
NORTH 650434' WEST ALONG THE SOUTH LINE OF SAID LOT 66, A DISTANCE OF 16.61 FEET
TO A POINT LYING 15.00 FEET WEST OF. AS MEASURED PERPENDICULAR, SAID WESTERLY
RIGHT—OF—WAY LINE AND SAID EAST LOT LINE;; THENCE RUN NORTH 0078'43" WEST,
PARALLEL MTH SAID WESTERLY RIGHT—OF—WAY LINE AND SAID EAST LOT LINE. 3.61 FEET:
THENCE RUN NORTH 89:Jl'17"EAST. 15.00 FEET TO A POINT LYING ON SAID WESTER[Y
RIGHT—OF—WAY LINE AND SAID EAST LOT LINE: THENCE RUN SOUTH 0028'43"EAST, ALONG
SAID WESTERLY RIGHT—OF—WAY LINE AND SAID EAST LOT LINE, 10.73 FEET TO THE POINT OF
BEGINNING.
CONTAINING 108 SQUARE FEET. MORE OR LESS.
SURVEYORS NOTES:
(1) THIS MAP OF BOUNDARY SURVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND
ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER IDENTIFIED
BELOW
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE' TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SECTION 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
CLIENT'S REQUEST.
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) 7HE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
•
•
DAVID A. WHITE; P.SM.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CERTIFICATE OF AUTHORIZAlTON NO. LB-3556
SHEET t OF 2
I L
PEcPROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Si,.0 ,550 • Edo Par* condo • 200 Lost Robhwn SI...t • &taxoa. Florida 22e01 • 407/422—E062
-SE•CTION 31.TOWNSHIP 22 SOUTH, RANGE 28 EAST
EXHIBIT A
LEGAL DESCRIPTION DE-3
DRAINAGE EASEMENT Par-1F 9n' 9
i
LOT 67
S' •
PLANTATION GROW WEST I
(P.B. 26. PGS 2 & 3) I _! �---�
I I 50.00'
I — J I U\
,EMENr (F) ,
5
�� n, EA t (P) �� I
/5 UnLI IVY EASEME� 2
5 Una�' SCALE
�� 13
1" = 20'
; I(
LINE TABLE h I
LINE BEARING LENGTH �.
L 1 N65t74'34'W 16.61' y z
L2 N0078'43'W 3.61' t ri
L3 N89:31'17 E 15.00' y I o
0
L4 50078'43'E 10.73' I T
a
14
r ` 2
LOT 66 N D a ......
PLANTA 110N GROVE WEST o
o �
(P.B. 26 PGS 2 & 3) L+ z Oo
Ul
Imo, ri., i 0 n
a DO CIa Lr
22 SI.o ti I� ti
K.) I I
z ! C•
i
CIo
�o I
hi r'l
ya I
S C/y,-\ R.
�O7
�\ • 66 -
s• 5 I
���rs ��I�TrF�\ I 50.00' II
�-\gsfy NTr'?J:�� •
\Np�p L3 108 SOFT.
P.O.B.• •
S£ CORNER
C1 LOT 66
LOT 65 c„
PLANTATION GROW WEST , C
LE_!? (P.B. 26. PGS 2 & 3) n
P.OG - POtvr Or Bf01VI PC I y
P.QC - P0917 O<couuracricer
:o - SrC770v I '1 y
RAY - P,pIr--O-MAY I\ In
Oat - O77tiAL RECO 0S Boor I ol
PC - PACE I I r Z 2
son: - soU Rr rrrr
•
(Pl - Pc cr7m I ~
P.S - P[Ar Boar
I
SHEET 2 OF 2 TH/S IS NOT A SURVEY
SEE SHEET I OF 2 FOR LEGAL
DESCRIPTION AND SURVEYORS NOTES
19-1-99 I P S. I REVISED LEGAL DESCRiP710N U
O
PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC. o
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 ti
Solt. 1360 • Edo Pvit Canby • 200 East ReEhwon Stn.t • Orlando. florid® .32e01 • 407/422-8062 1
Li
SECTION 31. TOWNSHIP 22 SOUTH. RANGE 28 EAST o
nail, a-2`e0 I PREP BY: P.S. 1 DRAM BY: A.Y.J I JOB N0 0E-1.1' j