HomeMy WebLinkAboutVII(D1&2) Approval Of Drainage And Access Easement, and other easements, 2. Authorize Payment Of $250.00 To Dan J. Steele Agenda 10-05-99
Item VIID 1 & 2
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2193 SAN DIEGO
JACKSONVILLE III 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)244-3271 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 itd ` 'b
THROUGH: Paul E. Rosenthal, City Attorney
DATE: September 28, 1999
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Drainage and Access Easement, a Non-Exclusive Perpetual Slope Easement, and a
Non-Exclusive Temporary Easement from Dan J. Steele, an individual property owner along
Maguire Road. The Drainage Easement will allow the City to place an inlet pipe on
Mr. Steele's property. The Slope Easement allows the City to construct a side-slope along
Mr. Steele's Maguire Road frontage to support the Maguire Road improvements. The
Temporary Construction Easement allows the City to tie in Mr. Steele's driveway to the newly
widened Maguire Road. Mr. Steele has agreed to grant these interests at no cost to the City.
Attached are Drainage and Access Easement Agreements, Non-Exclusive Perpetual Slope
Easement Agreements, and Non-Exclusive Temporary Easement Agreements which have been
executed by Mr. Steele. City staff, however, recommends the payment of $250.00 to
Mr. Steele to cover his costs incurred in reviewing and finalizing the agreements.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners
approve:
1. The Drainage and Access Easement, the Non-Exclusive Perpetual Slope
Easement, and the Non-Exclusive Temporary Easement, authorizing
execution thereof by the Mayor and City Clerk; and
2. The payment of $250.00 to Mr. Steele to cover his costs in reviewing
and executing the agreements.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.155080.1 ,^�
ESTABLISHED 1842 4' - NV
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
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-1
DRAINAGE AND ACCESS EASEMENT AGREEMENT
THIS DRAINAGE NV CCESS EASEMENT AGREEMENT is made and
entered into this ; / .day of 2 l 1999, by and between DAN J. STEELE,
whose address is P.O. Box 229, Win ermere, Florida 34786-0229 (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.
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,
006.152855.1 -1
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 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 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.
006.152855.1 -2
•
Signed, sealed and delivered in the presence: GRANTOR:
Print am .e.% r s /- r1/e,N
Dan J. Steele&
XLAZU L�—=
Print Name: L-t PO S C1 * JOL&L
STATE OF FLORIDA i30 r+1 C�C�rb t t n�
COUNTY OF 724/... tl(()ten
The foregoing instrument was acknowledgecl bore me this a( day of
1999, by Dan J. Steele. He is personally known to me or ❑ has
produced as identification.
WITNESS my hand and official seal in the County and State aforesaid thiA day of
SF P 1999.
4of ry Public
Print Name
My Commission Expimyrommicsinn Fxpirps May 8, 20'
006.152855.1 -3-
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 1999
DAY OF 1999. UNDER AGENDA ITEM NO.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF
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:
006.152855.1 -4
Exhibit A LEGAL DESCRIPTION
DE-1 DRAINAGE EASEMENT
Pane 1 of 2
LEGAL DESCRIPTION
(Drainage Easement)
;WHINA STRIP OF LAND LYING DESCRIBED
PACE 1931, PUBL C RECORDS Y,
OF ORANGE C UNT FLORIDA, BEING DESCRIBED AS 391J,
FOLLOWS'
COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE ABOVE"
REFERENCED LANDS WITH Ti-IE WESTERLY RIGHT—OF—WAY LINE OF MAGU/RE ROAD FOR A
POINT OF REFERENCE, SAID POINT LYING 40.00 FEET WESTERLY OF, AS MEASURED
PERPENDICULAR, THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 31. TOWNSHIP
22 SOUTH, RANGE 28 EAST; THENCE RUN NORTH 0028'43" WEST, ALONG SAID WESTERLY
RIGHT—OF—WAY LINE, 29.90 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH
8951'17" WEST, 15.00 FEET TO A POINT LYING 15.00 FEET WESTERLY OF, AS MEASURED
PERPENDICULAR, SAID WESTERLY RIGHT—OF—WAY LINE; THENCE RUN NORTH 0078'43"
WEST, PARALLEL WITH SAID WESTERLY RIGHT—OF—WAY LINE, 20.00 FEET; THENCE RUN NORTH
89'31'17" EAST, 15.00 FEET TO A POINT LYING ON SAID WESTERLY RIGHT—OF—WAY LINE;
' THENCE RUN SOUTH 0028'43" EAST, ALONG SAID WESTERLY RIGHT—OF—WAY LINE. 20.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 300 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 IDEN77F/ED
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 7HE SURVEYOR AT THE
CLIENT'S REQUEST
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE D£UNEA770N OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS INS7RUCT7CWS.
DAVID A. WHITE P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
SHEET 1 OF 2 CER77F7CA1E OF AUTHORIZA770N NO. LB-3556
9-1-99 I P.S. I RE,ASED LEGAL DESCRIPTION I
PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
• CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
SuIte 1560 • Edo Park Centro • 200 East RoeI,.on S1r..r • Orlando. Florida 32801 • 407/122-606=
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
HATE• R_f—oQ I PREP RY, P_R I DRAW BY: A.Y.J. I JGB N0. GE-331
I .
• Exhibit A LEGAL DESCRIPTION
DE-1 DRAINAGE EASEMENT
Pate 2 of 2
I NE CORNER OF NE 1/4/Q
OF SEC. 31-22-28
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. aas - ravr o`eECOZYPIO \ SE CORNER
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pO - oACE
San: - .S.WE.FOOT
SHEET 2 OF 2 Tf//S lS NOT A SURREY
SEE SHEET 1 OF 2 FOR LEGAL
DESCRIPTION AND SURVEYORS NOTES I 9-1-99 I P.S. '1 REVISED LEGAL DESCRIPTION
PEC / PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
SS.ita 1580 • EoIo Pork Carlin • 200 Cost Robinson Strut • (Hondo Florida J2801 • 107/122-8062
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE 8-13-99 ( PREP BY: P.S. 1 DRAM BY: A.U.J. JOB NO: CE-331
ez
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-4
NON-EXCLUSIVE PERPETUAL SLOPE
EASEMENT AGREEMENT
THIS NON-EXCLUSIVE PERPETUAL §LOPE EASEMENT AGREEMENT
is made and entered into this 2./ day of 1999, by and between DAN
J. STEELE whose address is P.O. Box 229, Windermere, FL 34786-0229 (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 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.
006.152854.1 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:
*e-a*favt-ej . i>//I
Print Nam /cj /. L' 24A/cmie_ Dan J. Steele —
/
L--
Print Name Lt, a1 .. S. Chrteict(p-L-
STATE OF FLOR �?o r{ C Pt. t I\Cr--
COUNTY OF ORNE i?teN n s 91 u c n C&.
The foregoing instrument was acknowled before me this ,;tl day of
5c.P1- 1999, by Dan J. Steele. He is personally known to me or ❑ has
produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this -1
day of S __91- 1999.
ot ry Public
j--ttii f4 S DCCe--
Print Name
My Commission Expires:MY Commission Expires May 8,
3
006.152854.1
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:
4
006.152854.1
Exhibit A LEGAL DESCRIPTION
SE-4 SLOPE EASEMENT
Page 1 of 2
LEGAL DESCRIPTION
(Slope Easement)
A STRIP OF LAND BEING THE WESTERLY 5.00 FEET OF THE EASTERLY 45.00 FEET OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3913, PAGE 1931, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA, SAID STRIP OF LAND BEING CONTIGUOUS WITH
AND ADJACENT TO THE WESTERLY RIGHT—OF—WAY LINE OF MAGUIRE ROAD.
CONTAINING 500 SQUARE FEET, MORE OR LESS.
SURVEYOR'S 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) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS
DAVID A. WHITE; P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS. INC.
CERTIFICATE OF AUTHORIZATION NO. LB-3556
SHEET 1 OF 2
P EC I PROFESSIONAL ENGINEERING CONSULTANTS,surveyors INC.
engineers planners
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sults 1560 • Edo Pak Centre • 200 East Robhson Street • 0rianda Raids .12e01 • 407/42T-0062
SECTION 31. TOWNSHIP 22 SOUTH, RANGE 28 EAST
_.—_ .. •. -- I ooro no. 0 e I DRAM I BY: A.11.4 I JOB t10: 0E-331
. r
Exhibit A LEGAL DESCRIPTION
SE-4 SLOPE EASEMENT
Pa2e2of2
I NE CORNER OF NE 1/4
1 OF SEC. 31-22-28 II
1 A r
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P.aa - c+owr OF BECIAPANG SE CORNER
P.ac - PCnvr or roucatovr I SEC. J1-22-28
sra - SEC170V r-
R/11' - RA71T-OF-WAY
CRS - CYFIOAL RECORDS BCY1C m
PC - PAGE I
Safi. - SC.hARIE FOOT
SHEET 2 OF 2
SEE SHEET I OF 2 FOR LEGAL THIS IS NOT A SURREY
DESCRIPTION AND SURVEYORS NOTES
PE C ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Su/b 1560 • Edo Pork Centro • 200 foal•Pohlman Strait • Orlando. Florida 32801 • 407/422-8062
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE A-13-99 I Care NY. a C I DRAIIDI BSc A IAA toe Ho tI-u1
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- 4 &5
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEM?DRARY EASEMENT AGREEMENT is made
and entered into. this 11 day of ,;4j 1999, by and between DAN J.
STEELE, whose address is P.O. Box 229, Windermere, Florida 34786-0229
(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.
006.152865.1 2
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
006.152865.1
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:
riht Nam 4.-/ i Dan J. SteeI'
. .ice 3 C
riot Name L u 0 Fl S nf-4<71-Ek-
STATE OF d R-04 �1' -2caC._(N a
COUNTY OF TPA-Os? F R n i a-
The foregoing instrument was acknowledge efore me this (1 day of
SE.PT 1999, by Dan J. Steele. He is personally known to me or ❑ has
produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this,D-t
day of 5c PIT. 1999..
of ry Public
1,-(OOP, 3. CA-k_i\N3
Print Name
My Commission ExpiretSy Commission Expires May.S. ^r'^
006.152865.1 4
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
006.152865.1
EXHIBIT A LEGAL DESCRIPTION
TCE—4 & 5 TEMPORARY CONSTRUCTION EASEMENT
Page 1 of 2
LEGAL DESCRIPTION
(Temporary Construction Easement)
PART A:
A STRIP OF LAND LYING WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3913,
PAGE 1931. PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE ABOVE
REFERENCED LANDS WITH THE WESTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD FOR A
POINT OF REFERENCE, SAID PO/NT LYING 40.00 FEET WESTERLY OF, AS MEASURED
PERPENDICULAR, THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP
22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 8978'25" WEST, ALONG THE SOUTH LINE
OF SAID LANDS, 5.00 FEET TO A POINT LYING 5.00 FEET WESTERLY OF, AS MEASURED
PERPENDICULAR, SAID WESTERLY RIGHT-OF-WAY LINE; THENCE RUN NORTH 0078'43"
WEST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, 10.91 FEET TO THE POINT OF
BEGINNING; THENCE RUN SOUTH 8931'17" WEST, 5.00 FEET, TO A POINT LYING 10.00 FEET
WESTERLY OF, AS MEASURED PERPENDICULAR. SAID WESTERLY RIGHT-OF-WAY LINE; THENCE
RUN NORTH 0078'43" WEST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE. 19.00
FEET; THENCE RUN NORTH 8931'17"EAST, 5.00 FEET TO A POINT LYING 5.00 FEET
WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESTERLY RIGHT-OF-WAY LINE; THENCE
RUN SOUTH 0078'43' EAST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, 19.00
FEET TO THE POINT OF BEGINNING; -
CONTAINING 95 SQUARE FEET, MORE OR LESS.
TOGETHER WITH:
PART B:
A STRIP OF LAND LYING WITHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3913,
PAGE 1931, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE ABOVE
REFERENCED LANDS WITH THE WESTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD FOR A
POINT OF REFERENCE, SAID POINT LYING 40.00 FEET WESTERLY OF, AS MEASURED
PERPENDICULAR, THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP
22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 8978'25" WEST, ALONG THE SOUTH LINE
OF SAID LANDS, 5.00 FEET TO A POINT LYING 5.00 FEET WESTERLY OF, AS MEASURED
PERPENDICULAR, SAID WESTERLY RIGHT-OF-WAY LINE;; THENCE RUN NORTH 0078'43"
WEST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE. 74.81 FEET TO THE POINT OF
BEGINNING: THENCE RUN SOUTH 8931'17" WEST, 5.00 FEET TO A POINT LYING 10.00 FEET
WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESTERLY RIGHT-OF-WAY LINE; THENCE
RUN NORTH 0078'43" WEST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE. 21.00
FEET THENCE RUN NORTH 8931'17"EAST, 5.00 FEET TO A POINT LYING 5.00 FEET
WESTERLY OF, AS MEASURED PERPENDICULAR. SAID WESTERLY RIGHT-OF-WAY LINE;; THENCE
RUN SOUTH 0078'43" EAST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, 21.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 105 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 0078'43" WEST.
(3) THE 'LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENTS REQUEST.
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS INSTRUCTIONS.
DAVID A. WHITE, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB-3556
SHEET 1 OF 2
PEC l PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
M. 1560 • Edo Pont Canal • 200 East Robinson Street' • Wanda. Rohde J2801 • 407/422-8062
SECTION 31. TOWNSHIP 22 SOUTH. RANGE 28 EAST
0A1E 6-13-1e I PREP SY: P.S. I DRAIN BY: AMA I .K O Na 0f-351
EXHIBIT A LEGAL DESCRIPTION
TCE - 4 & 5 TEMPORARY CONSTRUCTION EASEMENT
Pate 2 of 2
NE CORNER OF NE 1/4
OF SEC. 31-22-28
(41 S.
I t, �
I r• � 9 N3
SCALE m u N o
1 20' NOT PLATTED I 2 -'-
ORB 5811, PG 3028 N rn 1
•S UNE ORB 5811, PC 3028 coN
GAP HIATUS — 0
58928'25"W ! r+,
N LINE ORB 3913, PG 1931 L71 40.00' 1 z
105 SO.FT. a
b a
0) 03 P.O.B. -n
UNE TABLE m
UNE BEARING LENGTH PART B 5-)I
L1 589;31'17W 5.00' IV
L5 1 a I
L2 NO028'43"W 19.00' c) N
L3 N89;31'17"E 5.00' a m
L4 S0028'43"E 19.00' 2I o 111 g
L5 S8931'171W 5.00' coI a oa 0 z
L6 N0078'43"W 21.00' 1 ,o 0
L7 N89:31'17"E 5.00' I 14Ks
co
L8 S0028'43"E 21.00' ,, w
4.Q.I
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a
L3 0
NOT PLATTED •w
ORB 3913, PG 1931 (4.
- 1` n l
N " P.O.B.
95 SO.FT. PART A"
L10
5.00'
S UNE ORB 3913, PG 1931 -- -
S8928'25"W 40.00'
P.O.C.
a
NOT PLATTED I o
ORB 1836, PG 152 0
1
Paa - paw a-ERWROIG a SE CORNER
P.aa - Poivr cr COMM 1CD7EWr
SEG - swam I SEC. 31-22-28
R/b - RIGHT-OR WArLL �'
Pee - araaa RECaeaS eaar I ri
PC - PA
Safi. - SOWRE nor
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL THIS /S NOT A SURVEY
DESCRIPTION AND SURVEYORS NOTES PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors.
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Sulks 1560 • Edo Park Centre • 200 East Rab men Street • 0rfat0a fImfdo .12601 • 407/422-8062
SECTION 31. TOWNSHIP 22 SOUTH. RANGE 28 EAST
DAM 6-13-110 I PREP SY: P.S. I DRAM OM. AMA I JOB Na 0E-131