HomeMy WebLinkAboutIII (E1) Approval and Authorization for Mayor and City Clerk to execute Necessary Documents for Maguire Road Widening Project: Agreements with John Ritchey and Roxanna Ritchey Agenda 8-01-2000
Item III E 1
FOLEY & LARDNER
ATTORNEYS AT LA W
CHICAGO POST OFFICE BO% 2 193 SACRAMENTO
DENVER ORLANDO. FLORIDA 32002-2193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUIIL I BOO SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 32601-2366 TALLAHASSEE
MADISON TELEPHONE. (407)4230656 TAMPA
MILWAUKEE FACSIMILE. (407) 646-1743 WASHINGTON. D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
1407:423-7656
EMAIL ADDRESS CLIEN r/MATTER NUMBER
Moor@ FOLEvuw coM 020377.0284
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney 442-
THROUGH: Paul E. Rosenthal, City Attorney
DATE: July 24, 2000
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Non-Exclusive Temporary Easement Agreement and a Non-Exclusive Perpetual Slope
Easement Agreement from John R. Ritchey, Jr. and Roxanna C. Ritchey (the "Ritcheys"),
property owners along Maguire Road. The Ritchcys have agreed to grant these easement
interests to the City in exchange for $2,000.00. The Ritcheys claim this amount is necessary
to cover their costs incurred in reviewing and finalizing the agreements, including legal fees
incurred with their attorney, and the cost of making improvements to their property they deem
necessary to protect their house from the construction debris. Although the claim of damage
from noise, dust, and dirt caused by public construction projects is generally not compensable,
we recommend that the City pay the $2,000.00 requested because it would likely cost the City
more to do otherwise.
As you know, the City has acquired almost all of the necessary easement interests
along the Maguire Road corridor for $250.00 per property owner- We made a decision at the
beginning of the project not to have these easement interest(s) appraised because of the cost of
doing so. In our opinion most, if not all, of the necessary easements had no real impact on the
property owner and many of the easements were only temporary. Thus, we simply offered
each property owner $250.00. The Ritcheys are one of two remaining property owners in the
Windermere Groves Subdivision who have refused to convey their respective easements to the
City for the standard $250.00.
006.188351.1 sIAOIISNLU Infix
FOLEY & LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
July 24, 2000
Page 2
The purpose of the temporary construction easement needed from the Ritcheys is to
allow the City to remove that portion of the existing 5' sidewalk located on the Ritcheys' lot
and replace it with an 8' sidewalk. The slope easement is a permanent easement and is needed
to tie in the existing grade of the Ritchey property with the slightly higher grade of the newly
widened Maguire Road.
In the absence of a negotiated agreement, the City would have to condemn these
interests. Prior to the filing of an eminent domain petition, the City would need to obtain an
appraisal of the Ritchey property along with surveys of the easements. It is my opinion that
these costs alone would come very close to the $1,750.00 the Ritcheys are demanding over the
standard $250.00 offer.
Attached is the original Non-Exclusive Temporary Easement Agreement and the
original Non-Exclusive Perpetual Slope Easement Agreement, both of which have been
executed by the Ritcheys. City staff recommends the payment of $2,000.00 to the Ritcheys to
cover their costs incurred in reviewing and finalizing the agreements and in making
improvements to their property to protect their house from the construction debris.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners approve:
1. The Non-Exclusive Temporary Easement Agreement, authorizing
execution thereof by the Mayor and City Clerk; and
2. The Non-Exclusive Temporary Slope Easement Agreement, authorizing
execution thereof by the Mayor and City Clerk; and
3. The payment of$2,000.00 to the Ritcheys.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
Scott A. Cookson, Esq., Assistant City Attorney
006.188351.1
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Scott A. Cookson,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-6
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
JOHN R. RITCHEY, JR. and ROXANNA G. RITCHEY, whose address is 11000
Orangeshire 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 he 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 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.
2
006156178.2
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:
Print Name //y"`1 1.`!I_!> .2 ,I,) JO NR RITCHEY, JR.
Irin'Wame aI I I(Gr0 Y�
, f It.
rim Name 'I. . l,'IJ,.`1 Q:II)
aLv Zl—c •
Print Name a (1-ie.L)' R ANNA G. RITCHEY
STATE OF FLORIDA
COUNTY OF ORANGE
r ;,
. The foregoing instrument was acknowledged before me this - day of
:li ) 2000, by JOHN R. RITCHEY, JR. and ROXANNA G.
RITCHElk who are Personally known to me or ,/1 have produced
L`,l_ i,.?-.0. 1-L I'i"LGl-"has ( entification.
WITNESS my hand and official seal in the County and State aforesaid this cV L
day of )u_la_1 2000.
Notary Public
r
"""yam V.CARRERO-CAJINA
=Ri+"� Print Name
MY COMMISSION k CC 652656 q;.. Z
�W tAr IFES.July 6,2w6 My Commission Expires:C�V„',L, L5 -"-'v "
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006.156178.2 ,"
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
006.156176.2
•
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Scott A.Cookson,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-8
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2000, by and between
JOHN R. RITCHEY, JR. and ROXANNA G. RITCHEY whose address is 11000
Orangeshire 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").
WITN ESSET H:
WHEREAS, Grantor is the owner of that certain real property located in
Orange County, Florida, as more particularly described in Exhibit A attached hereto
and incorporated herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, a non-exclusive temporary easement over, upon and across the
Easement Property for the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
Section 1. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to
Grantee a non-exclusive temporary easement over, upon and across the Easement
Property for the purposes hereinafter stated (the "Easement"), all subject to the terms,
conditions, and limitations set forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor
has fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantor has full power and authority to
grant this Easement as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purpose
of Grantee, through itself, its agents, contractors, consultants and employees: (a)
performing such activities on the Easement Property as Grantee may deem reasonably
necessary in connection with the design, engineering, and construction of
improvements to a certain roadway known as Maguire Road which is located adjacent
to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the
Easement Property and the driveways, walkways, and other improvements thereon with
the construction of the Maguire Road Widening Project (the "Project") undertaken by
the City in conjunction with the aforesaid activities on the Easement Property.
Notwithstanding the foregoing, this Easement is granted upon the condition that the
sloping and/or grading upon the Easement Property shall not extend beyond the
Easement Property and that all grading or sloping shall conform to all existing
structural improvements within the Easement Property and all work will be performed
in such a manner that existing structural improvements will not be damaged.
Section 5. This Easement is non-exclusive, and Grantor reserves to itself,
its successors and assigns, the non-exclusive right to use, pass and repass over and
upon the Easement Property. Each party shall use the rights granted and reserved by
this Easement Agreement with due regard to the rights of the other party to use and
enjoy the Easement Property.
Section 6. The Easement shall terminate upon the earlier of (a) the
completion of the construction of the Project as certified by the City, or (b) December
31, 2001. Upon termination of the Easement, Grantee shall record a Notice of
Termination in the Public Records of Orange County, Florida.
Section 7. Grantee shall, at its sole cost and expense, restore any
improvements on the Easement Property that are damaged by Grantee incident to its
construction of the Project to a condition which approximates as closely as is
reasonably practicable the condition of said improvements prior to being damaged by
Grantee.
Section 8. To the extent permitted by law, the Grantee agrees to indemnify
and hold harmless the Grantor from and against any and all claims, actions, causes of
action, loss, damage, injury, liability, cost or expense, including without limitation
attorneys' fees (whether incurred before, during or after trial, or upon any appellate
level), arising from the Grantee's use of the Easement Property or from the exercise by
the Grantee of any rights granted by this Easement Agreement.
Section 9. To the extent that any rules, regulations or ordinances of the
Grantee or any previously existing development approvals or any agreement between
2
006.156182.2 __
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
006.1561922 _
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:
Print Name .t ' JIVN R. RITCHEY, JR.
ACLiet
Prin Name
Print Name V
)1� t ii qq
Pri�Name Oro Gc t' !Oyer- ROXANNA G. RITCHEY
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this o.�.. day of
I 2000, by JOHN R. RITCHEY, JR. and ROXANNA G.
RITcHEY who are ❑ personally known to me or ❑ have produced
at, 3T,.' $ t s identification.
WITNESS my hand and official seal in the County and State aforesaid this )(-)
day of .,)(J. 2000.
A
Notary Public
\i` (Nix?}"11 it
Print Name . I r 7368 My Commission Expires:����1,l I� _ALL,-
p Oan/
rk, V.CARREFPCAJINA
MY COMMISSION M CC 852650
:�, EXPIRES:July 6.20C3
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006.156182.2
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:
s
006.156182.2