HomeMy WebLinkAboutVI (F) Discussion/ Action re: Sawmill Subdivision - 40' Emergency Access AGENDA 2-04-97
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•or coon JAMES W. SHIRA,PE.
CITY ENGINEER/UTILI1IF',DIRECTOR
150 N_LAKESHORE DRIVE•OCOEE,FLORIDA 54761
PHONE(407)656-2322 EXT. 142•FAX(407)656-7835
MEMORANDUM
DATE: January 30, 1997
TO: The Honorable Mayor and Boardl of City Commissioners
FROM: James W. Shira, P.E. /
City Engineer/Utilities Director
SUBJECT: Sawmill Subdivision - 40' Emergency Access
Attached for your review and action is an Agreement between the Sawmill Homeowner's
Association, Inc. (HOA) and the City regarding conveyance to the City of two parcels of land
currently owned by the Association.
The parcels in question are shown on the attached copy of a part of the Sawmill plat. The purpose
of the parcel shown as Tract J is currently, and will continue to be for an alternate access to the
subdivision for emergency vehicles, in the event that Sawmill Boulevard is blocked either at the
railroad crossing or in some other manner. The parcel shown as Tract I.provides access from
Timber Ridge Trail to an adjacent parcel of land currently owned by Mr. and Mrs. Nicholson.
The City Attorney has worked with the IIOA's attorney to prepare the attached Agreement which
provides for the transfer of these parcels and ensures continued access to the Nicholson parcel
across Tract L.
Currently,the paved portion of'limber Ridge'frail ends approximately forty feet north of the
southern limit of the subdivision. A crash gate is in place across the end of the paved part of the
road to prevent use of Tract 1, by other than emergency vehicles. The original construction plans
show that Timber Ridge Trail was to have been paved all the way to the southern limit of the
subdivision, and the crash gate was to have been erected at this location. The lack of complete
paving, and the improper placement of the crash gate precludes access to the Nicholson parcel
from Timber Ridge Trail. The proposed Agreement, which has been prepared by the City
Attorney and which has been signed by the President of the HOA, provides that in exchange for
fee title to Tracts J and L, the City commits to extend the paving of Timber Ridge Trail and move
the crash gate to the limits and location anticipated by the approved construction plans. The
estimated construction cost of this project is $7,000.00 and should be paid from General Fund
Contingency which has a current balance of$62,455.40.
I recommend that the City Commission authorize the Mayor and City Clerk to execute the
referenced Agreement and authorize construction of the referenced improvements and the
transfer of$7,000.00 from General Fund Contingency.
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AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1997, by and between the CITY OP OCOEE, a
Florida municipal corporation, whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761-2258 (the "City") and SAWMILL
HOMEOWNERS ASSOCIATION, INC. , a Florida not-for-profit corporation,
whose mailing address is C/q FSDAIDA MANaoeMEclt SERv11Cns3
P. O. Box '13 ) ORLp,.ADoFL 32fl02 ("the Association") .
WITNZSSZT §:
WHEREAS, the Association is the owner of fee simple title to
Tract J and Tract L, Sawmill Phase II, as recorded in Plat Book 25,
Pages 86-88 of the Public Records of Orange County, Florida, said
tracts hereinafter being referred to as "Tract J" and "Tract L",
respectively; and
WHEREAS, Barry Wayne Nicholson and Victoria A. Nicholson
("Nicholson") are the owners of fee simple title to certain lands
located in unincorporated Orange County which are contiguous to
Tract L, said land being more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof ("the
Nicholson Property") ; and
WHEREAS, Nicholson currently has access from Hackney-Prairie
Road to the Nicholson Property by virtue of a certain Grant of
Easement for Ingress and Egress dated June 27, 1986 as recorded in
Official Records Book 3804, Page 4333, Public Records of Orange
County, Florida ("the Nicholson Easement") ; and
WHEREAS, the parties hereto desire to enter into an agreement
regarding certain matters so that the Nicholson Property will
thereafter abut a dedicated right-of-way and have access to Timber
Ridge Trail by virtue of such dedicated right-of-way.
NOW, THEREFORE, in consideration of the premises 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:
section 1. Recitals. The above recitals are true and
correct and are incorporated herein by reference.
Section 2. Road Improvement to Timber Ridge Trail. The
City hereby agrees, at the sole cost and expense of the City: (a)
to extend Timber Ridge Trail to the northern boundary of Tract J,
and (b) to relocate the existing crash gate to the southern
boundary of the extended Timber Ridge Trail (collectively referred
to as the "Road Improvements") . The Road Improvements will have a
curbcut connecting Tract L to Timber Ridge Trail. The City agrees
to complete the Road Improvements within 180 days from the date of
this Agreement.
Section 3. Conveyance to City. Within 30 days from the
date of this Agreement, the Association hereby agrees, at no cost
to the City, to dedicate and convey to the City marketable, fee
simple title to Tract L and Tract J by Special Warranty Deed free
and clear of all liens and encumbrances except for easements of
record. Tract L will be conveyed to the City exclusively for use
as a dedicated right-of-way and other purposes reasonably related
thereto. Tract J will be conveyed to the City subject to the
emergency vehicle access easement shown on the Plat of Sawmill
Phase II. The City shall pay any recording fees and documentary
stamp taxes relating to or resulting from such conveyances. Real
property taxes in connection with the conveyances shall be prorated
to the date of transfer of title and the prorated amount shall be
paid by the Association and shall be escrowed in accordance with
the provisions of Section 196.295, Florida Statutes. Upon
conveyance of Tract L and Tract J to the City, it is agreed that
the City will be responsible for the maintenance of Tract L and
Tract J.
Section 4. Acknowledgment of Nicholson Access Rights. The
City hereby acknowledges that, by virtue of Tract L being a
dedicated right-of-way, Nicholson will have the right and privilege
to access Timber Ridge Trail across Tract L for the purpose of
vehicular and pedestrian ingress and egress.
Section 5. Indemnification. To the extent permitted by
law, the City hereby agrees to indemnify and hold harmless the
Association from and against any and all claims, demands, losses,
damages, liabilities and expenses and all suits, actions and
judgments (including but not limited to costs and reasonable
attorneys' fees and paralegal fees) (collectively, "Claims")
arising out of or in any way related to any Claims against the
Association which Claims arise out of Nicholson's exercise of their
rights under the Nicholson Easement and/or Nicholson's use of Tract
J and/or Tract L prior to the date that the City completes the Road
Improvements. The foregoing indemnification shall not extend to
any Claims arising out of the activities of Nicholson undertaken
subsequent to the date that the City completes the Road
Improvements.
Section 6. Entire Agreement. This Agreement embodies and
constitutes the entire understandings of the parties hereto with
respect to the subject matter addressed herein, and all prior or
contemporaneous agreements, understandings, representations and
statements, oral or written, are merged into this Agreement.
2
IN WITNESS WHEREOF, the parties hereto have executed this
instrument as of the day and year first above written.
Signed, sealed and delivered CITY
in the presence of:
CITY OF OCOEE, FLORIDA
By:
Print Name: S. Scott Vandergrift, Mayor
Print Name:
Executed on: , 1997
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED HY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON , 1997
LEGALITY this day of UNDER AGENDA ITEM NO.
, 1997
Foley & Lardner
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN
GRAFTON, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE and that they severally
acknowledged executing the same freely and voluntarily under
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last
aforesaid this day of , 1997 .
Signature of Notary
Name of Notary (rypre,Ptinad or sumpee)
Commission Number(if oat legible oo uJ):
My Commission Expires(f not legible on mall:
3
Signed, sealed and delivered SAWMILL HOMEOWNERS ASSOCIATION,
in the presence of: INC. , a Florida not-for-profit
corporation,
Calaryd/51) I)
By: i LLG[, �64,
Print Name: FAv/ E, k'.oscif I Name: NJr'i ul L -I" S . 1' (33 !' L
Title: I S I \.1
mAn.ua.s.-1 d9 . Jn.ap^fnc.1
Print Names M AAIAN B. GREEN (CORPORATE SPAT )
CD
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared N ANty J. PARxER well
known to me to be the PRgcaDEN7 of SAWMILL HOMEOWNERS
ASSOCIATION, INC. , a Florida not-for-profit corporation, who CX] is
personally known to me or [ ] produced as
identification and that he/she acknowledged executing the same
freely and voluntarily under authority duly vested in him/her by
said corporation.
WITNESS my hand and official-r seal in the County and State last
aforesaid this z$TR day of flANVAAY , 1997 .
. t
Sig/
ig ature of Notary
ons"°'W,,, MARLAN a GREEN MARIAN 9 C7AEcN
My Commission CC413441 Name of Notary Cryred,Plead o,sawed)
7t ^=J * Eae+ea Nov.CM. Bee
Bonded by ANe Commission Number(if not legible on seal):
J+Rcrno e. 800-852 5878 My Commission Expires(f ea legible on seal):
4
EXHIBIT "A"
NICHOLSON PROPERTY
That certain property described in the Warranty Deed
dated October 25, 1989 from Patrick Gilham Kelly to Barry
Wayne Nicholson and Victoria A. Nicholson, his wife, as
recorded in Official Records book 4127, Page 2647, Public
Record of Orange County, Florida, a copy of which is attached
hereto.
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01/24i 1997 12:46 40774065 --
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