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HomeMy WebLinkAboutIII (C) Approval and Authorization for Mayor and City Clerk to Execute the Non-Exclusive Temporary Easement Agreement with Normandale Financial Corporation and Authorization for Payment of $250.00 Agenda 12-21-99 Item III C FOLEY & LARDNER CHICAGO A I PBSPT 8FF1&E'e0R E 193 W SACRAMENTO DENVER ORLANDO, FLORIDA 32802.2193 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE. SUITE 1800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 32801-2386 TALLAHASSEE MADISON TELEPHONE 1407I 423-7656 TAMPA MILWAUKEE FACSIMILE C40 71 648-1 743 WASHINGTON. D.O. ORLANDO WEST PALM©EACH 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 Attorney THROUGH: Paul E. Rosenthal, City Attorney DATE: December 1, 1999 RE: Maguire Road Widening Project Based on the Project design prepared by PEC, the City needs to acquire a Non-Exclusive Temporary Easement from Normandale Financial Corporation, a property owner along Maguire Road. Normandale Financial Corporation has agreed to grant this interest at no cost to the City. Attached are the original Normandale Financial Corporation Non-Exclusive Temporary Easement Agreements which have been executed by Normandale Financial Corporation. City staff, however, recommends the payment of $250.00 to Normandale Financial Corporation to cover its 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, authorizing execution thereof by the Mayor and City Clerk; and 2. The payment of $250.00 to Normandale Financial Corporation to cover its costs in reviewing and executing the agreement. cc: Ellis Shapiro, City Manager James W. Shira, P.E., City Engineer 006.162635.1 A MEMBER OF OLOBALEX WITH MEMBER MEMBEROFFICE..IN RimIN, Bv s TAu.y DREED R EN. ENAMOUR!. � UR!.LONDON. SINGAPORE,STOCO O M ANN s.u.TEART Al/ 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 - 35A NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made and entered into this day of 1999, by and between NORMANDALE FINANCIAL CORPORATION, whose address is 4200 W. Cypress Street, Suite 444, Tampa, Florida 33607 (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 ESSETIT: 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. 2 006.151734.1 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 oast 51734.1 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: COR FINANCIAL CORPORATION Print Name 6PoA t 50.7 riF By: Name: Title: ors' rint Name //lllf e A' fizt STATE OF F\Ori C\SA- COUNTY OF 1\i\\S120cou k The foregoing instrument was acknowledged before me this c 3rd day of 6OJcw xr 1999, by r9 as \I i fceisider 1-- of Normandale Financial Corporation. lie/She is personally known to me or I I has produced as identificidentification.WITNESS my hand and official seal ig County an State aforesaid this D-3 rck. day of 1\101eWth-e-11" 1999. E NotaI C LAURA KASSEf Notary Pudic, State of Florida My Comm Expires Oct 22,2002 is No.CC785423 Print Name My Commission Expires: 4 006.151734.1 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 , 1999 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. . 1999. By: Foley & Lardner City Attorney STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 1999, 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 1999. Notary Public Print Name My Commission Expires: 5 006.151734.1 LEGAL DESCRIPTION (THIS IS NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT TCE — 35A A SORP CF LAND LYING IN SECDOV J.Z TORNSRP ZZ SONH. RANGE ZS EAST BONG A PORTION OF LOT 2.. OWES SOUTH,ACCOROVG TO ME PLAT THEREOF AS RetacveD IN PLAT BOOR -IS PAGE ZI OF ME PUBLIC RECORDS OF ORANGE cawn: ROWA. OESOWED AS Fa.(Oita COIMENCE AT ME SOUP/WEST CORNER OF LOT 2 FOR ME PONT OF BEGNNNG MENGE RUN NORM 00784J" *EST ALONG ME WEST LINE OR SW LOT 2. A O'STANf£ OF.185 FEET. THENCE DEPARRNG SAID WEST LINE. RUN NORM 89'I7-I2"EAST, 2150 FEET MEW( RUN SOU/H 0078YJ"EAST. 185 FEET /0 PIE SCUM UNE 0' SW L0l } MENGE RUN SOUTH 89'47'I2" *EST, ALONG SARI SWM LAME CR COT 2. A DISTANCE Cr 27.l0 FEET TO ME PONT OF BEONNING DIE ABOW OESOSED STRIP OF LAND LIES IN ME CITY p<OCOEE GRANGE COUNTY, RO917A MO CONTAINS I07 SOUAREEE£T. MORE OR LESS STIRIENRt NOTES (I) NO ABSMACT FOR RIGVTS-OE-WAY, EASEMENTS OIMACRS VP OP OMER nIRTArENIS OF RECORD HARE'BEEN PROMDED TO MIS RPM. (2) BEARINGS 9101.40 HEREON ARE ASSUMED RELAIIE TO ME EASY RIGIT--OE- WAY ONE Or MAGUIRE ROAD BERG NORM 0028'4E WEST. (J) ME 2ECAL DCSOHROV"HEREON HAS SEEN PREPARED BY ME 51191EYOR AT ME CLIENT'S RECVESE (4) MIS SICEIOI DOS NOT REHNEXNT A FIELD SURt£1: AS SUOL (5) RE OELRNEA ROV OF LANDS SHORN HEREOU IS AS PER ME GENTS RLSmLrnaa a0 0 • U V I D DAMOA MNIE P.SM FLOODS REGSOA INH NO 4044 PRI TSSOVAC ENOLOfI.G 0745UL RANTS 0.0 OSTMCATE Cr AUMONLIIMV Na LB-J555 SMUT 1 OF x PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers Smarr surveyors CERTIFICATE or AUTHORIZATION NUMBER LB 3556 LEGAL DESCRIPTION (THIS IS NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT S, TCE - 35A SCALE h I° Lorn I'gOPUS SOU IF/ O 3 PB..IJ. PG21 W ¢ 1W 3 et w • J N 894Y4T' E 17.B0' L. y et' S S w is 107 ± SOUARE1 FEET h Q Vrv� g q IN ry S B94Y<1' W 27.B0' a `SUN(tort N ��� 2 SKLO'6PRNERL�oor2r l..ffff IOPUS SOUTH i PB.JJ. PCP'PGL to Li INGRESS/MESS EA9EMENr PER PLAT U q G40499APG2790 W as td kr 4. x1 L. yl °z LE2212 r.0 - yamsrano-R N 1.52 ti ro-rr n - PLO w.v .. o CatPara SLOWS axe .a N Caa - ..a y t x w Wa 41KT2 Off SEE !MEET I Or 2 FM 122 L OUSWfTIOI AM9 SOMYORS Roll! PEC 1 PROFF59GMAL ENGINEERING CONSULTANTS, INC. tnginttn planntn surveyors LERTHICATE Or AUTHORIZATION NUMBER LB 3556 sw asp • w Pew Coon • Im tat Anima Sus, • Oros Thew LN • 40r/0,4011