HomeMy WebLinkAboutIII (H1) Approval and Authorization for Maguire Road Widening Project - Drainage and Access Easement Agreement, and other agreements from Rodney L. Parson and Genevieve V. Parson Agenda 6-20-2000
Item III HI
FOLEY & LARDNER
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE. SUITE 1 BOO SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 32801-2366 IALLAHASSEE
MADISON TELEPHONE'. (407)423-7656 TAMPA
MILWAUKEE FACSIMILE. 14071 648-1743 WASIINGTON, O.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407)423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@folcylaw.com 020377-0284
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorne)1LLt'f
THROUGH: Paul E. Rosenthal, City Attorney
DATE: June 7, 2000
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Drainage and Access Easement Agreement, a Non-Exclusive Temporary Easement
Agreement, and a Non-Exclusive Temporary Perpetual Slope Easement Agreement from
Rodney L. Parson and Genevieve V. Parson (the "Parsons"), property owners along Maguire
Road. The Parsons have agreed to grant these interests at no cost to the City. Attached are
the original Non-Exclusive Temporary Easement Agreement, the Drainage and Access
Easement Agreement, and the Non-Exclusive Temporary Perpetual Slope Easement
Agreement which have been executed by the Parsons. City staff, however, recommends the
payment of$250.00 to the Parsons to cover their costs incurred in reviewing and finalizing the
agreements.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners
approve:
1. The Non-Exclusive Temporary Easement Agreements, Non-Exclusive
Temporary Perpetual Slope Easement Agreement, and the Non-
Exclusive Temporary Perpetual Slope Easement Agreement, authorizing
execution thereof by the Mayor and City Clerk; and
2. The payment of$250.00 to the Parsons to cover their costs in reviewing
and executing the agreements.
cc: Ellis Shapiro, City Manager d�James W. Shira, P.E., City Engineer //��
006.183764
13
ESIABLISIIED 1842 Chi
A Mfl/BEr OF pwvnl rx mrtu MLMaER OFH.n IN B,RL N. 6v,ron5.Dar:DrN.,FRANKF mr,LONDON,SiNuAv„reb. SIOCFHoIm AND S'IIOriGRT
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 For Recording Purposes Only
Orlando,FL 32802-2193
(407)423-7656
TCE-10
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2000, by and between
RODNEY L. PARSON and GENEVIEVE V. PARSON, whose address is 11002
Groveshire Court, Ocoee, Florida 34761 (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 convey 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 reserves 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
006.156527.1
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 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 Grantors agree 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 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 Easement 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
006.156527.1
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
�ypresence
of: -,1� J,,, ,,Q�
it
Prin Name/'��/ 42k € St e.rai ODNEY ARSON
Print wont)" A- .erb-11
I � J
Pr'piinnt'Name
�� .M44/< C. PfI2San t1
f� NEVIEVE V. PARSON
Print Name i 1 "If . t
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 0 day of
�.�.(.t,...� 2000, by RODNEY L. PARSON. He is ❑ personally
known to me or 0-has produced PC_ be_ Lu.. s a as identification. T
RITNESS my hand and official seal in the ounty and State aforesaid this ( /
day of a..t 2000. /�, a =.4i
Notary
�`�-PPuublllii���� (� y�Z7�
'7i
Print Name
My Commission Expires:
"'<M&yA°°M
* tMY canM.,ion Ce9111f4
•1/4`TTTTT++++,,,Expires July 7.2003
a
006.156527.1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ki day of
2000, by GENEVIEVE V. PARSON. She is ❑ personally
known to me or g-Was produced EL J112- 1.4wMSt_as identification.
/ v—
WESS my hand and official seal in the County and Stateforesaid Ihi6
day of (.w-�_ 2000. 17
G/q
Notary
� ,� blli'/
4tt IL —Print Name
My Commission Expires:
/y�w �� DM
♦gay[**Cam cIV 4
5
006.156527.1
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
006.156527.1
LEGAL DESCRIPTION EXHIBIT A '
TCE-I0
TEMPORARY CONSTRUCTION EASEMENT PAGE 1 f1F
LEGAL DESCRIPTION
(Temporary Conslmcoon Easement)
A STRIP OF LAND BEING THE NEST 5.00 FEET CF THE EAST 10.00 FEET OF LOT 65,
PLANTATION GROVE NEST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BODY
26, PAGES 2 AND J. PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
LESS THAT PORTION LYING WHIN THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHEAST CORNER OF SA/0 LOT 65 FOR THE POINT OF BEGINNING.
SAID POINT LYING ON THE WESTERLY RIGHT-GE-WAY LINE OF MAGUIRE ROAD; THENCE RUN
SOUTH 0028.43- EAST. ALONG THE EASIIINE CF SAID LOT 65 AND SAID WESTERLY
RIGHT-CF-WAY LINE. 9.27 FEET THENCE RUN SOUTH 8991.17- NEST, 15.00 FEET TO A
POINT LYING 1500 FEET NEST OF. AS MEASURED PERPENDICULAR. SAID WESTERLY RIGHT-OF-
WAY LINE AND 5A10 EAST LOT LINE: THENCE RUN NORTH 002843° NEST. PARALLEL
MTH SAID WESTERLY RIGHT-OF-WAY LINE AND SAID EAST LOT LINE. 16.40 FEET TO A POINT
LYING ON THE NORTH LINE OF SAID LOT 65; THENCE RUN SOUTH 65124'34-EAST, ALONG
SAID NORTH LOT LINE, 16.61 FEET TO THE POINT OF BEGINNING
CONTAINING 431 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 EASE BEING
NORTH 0078'43' 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) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS
DAM A. WHITE PSM
FLORIDA RE&STRA PON NO 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC
CERTIFICATE OF ALM-10M A DON Na LB-J556
9+ELT T or 2
PECPROFESSIONAL ENGINEERING CONSULTANTS,YorsINC.
�i �/ engineers planners sury
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sun. 1560 . m. Pee Cann • 2W Ion Rotitot sa.n • amao. !lam 5280? . 481/422-8062
SECTION 31. TOWNSHIP 22 SOUTH. RANGE 28 EAST
ML 5-I3-ee PREP ex P.S. DRAM BY. au. .n Bp. a-ni
EXHIBIT A
LEGAL DESCRIPTION TCE-10
TEMPORARY CONSTRUCTION EASEMENT PAE;F 20F 2
LOT 66
PLANTA DON GROVE NEST i
(P B. 26 PCS 2 & J)
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PLANTATION GROW WEST I u m
(P.B 26 PCS 2 & 3) R.
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LINE BEAR/NC LENGTH ` A I AL LA
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to
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PLANTATION TGROVE NEST : m 50.00'
(P9 26, PC51 & J) en IA
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SHEET 2 Or 1
SCE SHEET l OF 2 E
FOR LEGAL 7H/5 /5 NOT A SURVEY
OESWVFON ANO FC C NOTES
C
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PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
L.
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
LM. 2360 • (Sc Pat Celery • 200 roil Ratline sues • Ors Fbm uNr • 4•07/422-3012
L.
SECTON 31, TOWNSHIP 22 SOUTH, RANGE 20 EAST C
OAR • U-El PREP or 0.5 ORS eC Aui I Sot OC-sLOTh
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-2
DRAINAGE AND ACCESS EASEMENT AGREEMENT
THIS DRAINAGE AND ACCESS EASEMENT AGREEMENT is made and
entered into this day of 2000, by and between RODNEY L. PARSON
and GENEVIEVE V. PARSON, whose address is 11002 Groveshire Court, Ocoee, Florida
34761 (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 are 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 have 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 give, grant, bargain, sell and convey to Grantee an
easement for drainage and access purposes over, under, and upon the Easement Property for
the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions and
limitations set forth herein. The Grantee shall have full authority to enter upon, construct,
operate, repair, and maintain, as the Grantee may deem necessary, drainage pipes and facilities
and other related appurtenances over, under, and upon the Easement Property.
Section 3. Grantors hereby warrant 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 that Grantors have 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 Grantors agree
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 reserve 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 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 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 Grantors, or their respective legal representatives,
successors and assigns.
2-
006.156505.1
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Easement Agreement to be executed as of the day and year first above
written.
Signed, sealed and delivered in the presence: GRANTORS:
?(TA/
7117 "ma
Prrme: 4 kE. PAoffRODNEY '
PARSON
et/Print
Print Name: MA,P K s. 5cc,) S. NEVIEVE V. PARSON
a r9 a AD
Print Name! M1' { M
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this b day of
2000, by RODNEY L. PARSON. He is personally known to me
or [1.44 s produced tt 'bit-Liu-af— as identification. 77- _
WITNESS my hand and official seal in the County and State aforesaid this CI day of
2000.
Notary Pubit
Print Name
My Commission Expires:
/_.ts Mary n oar
* *My Commission cC617224
,fno,Expires July r.2063
3-
006.156508.1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ic day of
�.fn,.,` 2000, by GENEVIEVE V. PARSON. She is ❑ personally known to
me or Rmas produced Pt ht- L .• s__;.c as identification.
1_
WITNESS my hand and official seal in the County and State aforesaid this �'/ day of
L�-� 2000. b
2579 Notary Publi�ch(/l�A /\267.1
Print Name
My Commission Expires:
rw�h.,,k Mary A Doty
#➢20}My Cam1ssion c0617224
'0„ter Expires Ju y].28J3
-4-
006.156508.1
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:
5-
006.156508A
LEGAL DESCRIPTION EXHIBIT A
]RAINAGE EASEMENT DE-2
PA(:F 1 ElP 9
__(GAL DESCRIPTION
(Ommoge Easement)
A PARCEL OF LAND Ll1N6 -St 65, PLANTATION GROW NEST. ACCORDING TO ME PLAT
THEREOF. AS RECORDED 6 e'AT EOOK 26. PAGES 2 AND J. PUBLIC RECORDS OF ORANGE
COUNTY. FLORIDA. BEING CESP:PED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 65 FOR THE POINT OF BEGINNING
SAID POINT LUNG ON THE tESITPLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD: THENCE FUN
SOUTH 009B4J" EAST. ALUMS eE EASTLINE OF SAID LOT 65 AND SAID WESTERLY
RIGHT-OF-WAY LINE. 9.27 CTE THENCE RUN SOUTH 69:8117" WEST, 15.00 FEET TO A
POINT LYING 15.00 FEET REST CF. AS MEASURED PERPENDICULAR. SAID NESTEFLY RIGHT-OF-
WAY LINE AND SAID EAST LOT UNE THENCE RUN NORM 007543" NEST. PARALLEL
NTH SAID WESTERLY RIGHT-CF-WAY UNE AND SAID EAST LOT LINE 16.40 FEET TO A POINT
LYING ON THE NORTH UNE CP S LO LOT 65: THENCE RUN SOUTH 6504'34" EAST ALONG
SAID NORM LOT LINE. 16.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 19.3 SQUARE F_I, MORE OR LESS.
SURVEYORS NOTES.'
(I) M/S MAP OF BOUNDARY SUVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND
ORIGINAL RAISED SEAL OF THE flORIDA LICENSED SURVEYOR AND MAPPER IDENTIFIED
BELOW
(2) BEARINGS SHOW HERE01 ARE ASSUMED RELATIVE TO THE EAST LINE OF THE
NORTHEAST WARIER OF SECTION J1. TOWNSHIP 22 SOUTH, RANGE 28 EAST BEWG
NORTH 0071E4J. VEST
(J) THE *LEGAL DESCRIPTICW" r-EREON HAS BEEN PREPARED BY THE SURVEYOR At THE
CLIENTS REQUEST
(4) THIS SKETCH DOES NOT PEPRESENT A FIELD SURVEY, AS SUCH
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS INSTRUCTIONS
OAWD A MHITE P.S.M.
FLORIDA REGISTRATION NO. 4044
PROVES-WW1. ENGINEERING CONSULTANTS. INC.
SHEET I or 2 CERMICATE OF AUTHORIZATION NO. LB-3556
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
en9inun planners wryer'',
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Lts r 5e0 . inn !tank Can. . ra List *snot Strati • Coeds Matta J280' . 107/422-11011
ttt
SECTION 31. TOM1911P 22 SOUTH. RANGE 28 EAST
aer.• a-r2-.. 1 Pie P. e: I max en •n J I JOB NO CE-v.
•
EXHIBIT A
LEGAL DESCRIPTION DE-2
DRAINAGE EASEMENT PACZP 9fp2
LOT 66
PLAN!AWN GROVE HEST I
(PB 26. PCS 2 & J)
I N
I
r
‘9,0LI\stry4yA„?
50.00' S
C-A LE\Ase4,e+ (?).) IIn F
\ am 31n\ I C
4.
\ "NFL ti. ICI
(Or P.O.B.
6JI
Cp I N.E. CORNER / z
OF LOT 65
4to, n
19J 50R 2, ;
R
LOT 65 •
1.21 r _
n
PLANrA770N CROW NEST ! I � 0
(P.B. 26 PCS2 & J)
Ig R
IA e
UNE TABLE I n o I: ^ -
I LINE I BEAR/NG LENGTH r N.
y
C l 500787J E 9.27' i ��', a m , m
L2 S8957YYW 1500' c+ A1/41
LJ N0028'IJ-W 16.40' I^t 0 55
L4 565724:71-E 16.61' I`1 A E
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Unurr EASEMENT(p)_r — w — J
_ _e,-5'UNITY EASEMENT(P)
NU12509"w
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LOT 59 I H.
IA PLANTAnav GROW NEST 50.00'
(PS. 26. PG'S 2 & J) I IA
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SKr/ - SE I
SEE sw_- ' s z FOR LEGAL THIS IS NOT A SURVEY
oEYAc^Ji ASO SURWVORS NOTES
1 9-1 I R.s. 1 REMSEo=a coaerT 1 I
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC. a
engineers Rlonn(n Furrows Yen
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 ti
SW* IYO . (Se M Caren • )W Ent tS , Sens. . O`ntl )yin; van ' 401/422-1W
SECBON 31. EOVW911P 22 SOON. RANGE 28 EAST S
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A. Doty,Esq.
FOLEY&LARDNER
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
SE-8
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
RODNEY L. PARSON and GENEVIEVE V. PARSON, whose address is 11002
Groveshire Court, Ocoee, Florida 34761 (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.
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 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 Grantors, or their respective legal
representatives, successors and assigns.
2
006.156634.1
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:4P�rriinnntt a�me /�'14 e E. rntc' ' RODNEY e. PARSON
Print Nadte M/ °I A f / ///
aiyi
Prin ame /✓/A/A' C' 7�.4.PSm,✓ VIEVE V. PARSON
Qn.
rint Narde PAN A- 1'0
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this t'day of
Ce't^L 2000, by RODNEY L. PARSON. He is I I personally known to me
or alias produced ELJ)IZ--G12_4ti as identification.
W TNESS my hand and official seal in e County and Stat aforesaid this �,�\
day of 4r., 2000.
Notary Pu is
dot . it7
Print Name
My Commission Expires:
4?.ty4 Doty
* *My Carcnbebn cce17720
3
006.156534.1
STATE OF FLORIDA
COUNTY OF ORANGE
•The foregoing instrument was acknowledged before me this C day of
2000, by GENEVIEVE V. PARSON. She is ❑ personally known to
me or Pr has produced FL. )2- LA.; as identification.
rS my hand and official seal in the County and Stat aforesaid this Lo
day of 2000. otary.
Nota����ry ,,P
PrintName ��
My Commission Expires:
MY A Doty
*fr��*MV CamYeabn CC81TT20
'*not Expires July i,2003
4
006.156634.1
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
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 n 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
006.156534.1
II
LEGAL DESCRIPTION EXHIBIT A
SLOPE EASEMENT PA(;F I OF 2
LEGAL DESCRIPTION
(.Slope Easement)
A STRIP OF LAND BONG ME EAST 5.00 FEET OF LOT 65. PLANTATION GROVE WEST
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26. PACES 2 AND J, PUBLIC
RECORDS L1` ORANGE COUNTY. FLORIDA. SAID STRIP OF LAND BEING CONTIGUOUS WITH
AND ADJACENT TO THE WESTERLY RICHT-OF-WAY LINE OF MAGUIRE ROAD.
CONTAINING 486 SQUARE FEET, MORE OR LESS
SURVEYOR'S NOTES'
(I) MIS MAP OF BOUNDARY SURVEY 15 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 ME
NORTHEAST WARIER OF SECTION JI, TOWNSHIP 22 SOUTH. RANGE 28 EAST. BEING
NORTH 0028.43. WEST.
(3) THE 'LEGAL DESCRIPTION' HEREON HAS BEEN PREPARED BY DIE SURVEYOR AT THE
twits REW£SL
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH
(5) THE D£UNEAlON OF LANDS SHOWN HEREON ARE AS PER ME CLIENT'S INSTRUCTIONS
OAND A. WHITE, P.SM
FLORIDA REGISIRATIDN NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS. INC
CERTIFICATE OF AUTHORIZATION Na LB-3556
SHEET 1 OF 2
pc ' PROFESSIONAL ENGINEERING CONSULTANTS,yorsINC.
enginors planners zun
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sues ssso • OS Pet CSV. • zm E..1 x..s..P Stint • w.en raw 321101 . ros/r+r-SOS 2
&t11O! 31, TOWNSHIP 22 SOUTH. RANGE 28 EAST
CATE 8-1}99 PREP BY: V.S CPA..Be. wu r JOB NO OE-SS,
EXHIBIT A
LEGAL DESCRIPTION SE-8
SLOPE EASEMENT PAC,F 2 OF 2
LOT 66
PLANTATION GROVE WEST I
(P'. 26. PCS 1 Jr 3)
INI
\ \ .Co? \ N a 50.W' SCALE
�S0,2'0 4 -4^\i' \ I Z £
\''se4, ll_� 12
\ \
"-......a. 565794'J4E /
\ I 5.54'
I \ ' ,11
N m
m
I 0
486 60.rr n
2
nI
a
O O51 T
LOT 65 ,
2 An n C.
PLANTATION GROVE NEST $ $ P- w
(P.B 26 PCS T & J) m q n m
4 4 m I 2 m
I a
2 ^ 2 y 0 o
no 0 L.
-1„, AO pa 0) ° 3 m f
ni,a� p 01 A°
ix �0
2R
0 PT
5' UDUTY fASEMENT(p)1— — —I- , p
_ i 1277L/TY
EASEMENT(p)
— —N8125Q9 E -,
5.OJ'{
lc
LOT 59 P I r 50 00'
PLANTAn6. GROVE WEST I — in
(PS. 26. PCS 1 & J) I' \
LEMNQ I £
P..ae veer or erw.en N
R e MCannoy 9or_ r 121 rl
Mal
PC PAar
twig rrrr ar �s
pe Orin ♦AF ro
SC Y
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL THIS IS NOT A SURVEY
DESCRIPTION ANO SURVEYORS NOTES
C
PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers Planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 35562 �r
Spiro 1530 . Edu Ps* Cent . 200 En' Rdnwn Sue v r . ur0. 2O
TOWNSHIP 22 SOUTH. R
SEC110N J1, RANGE 28 EAST cn
DAM, a-r>n I Ores e.. P s OSA I m, Ae+ I a lie a-n1