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Home My WebLink AboutIII (G) Approval and Authorization for Mayor and City Clerk to Execute the Non-Exclusive Easement to Time WWarner Communications from their Facility on Maguire Road Eastward to Bluford Avenue Agenda 3-20-2001 Item III G "CENTER OF GOOD IJI7VG-PR/DF.OF WEST OR/NGE MAYOR•COMMISSIONER S.SCOFF VANI)FRGRIPT OCO@@ Ot ,(. cos(Snssosuae �,� o CITY OF OCOEE DANNF YNII°IWIS�N �j ti — 150 N. LArlsnoRr DRIVE O. SCOTT A.GLASS v p OCOEE, FLORID 3 4 7 61-2 25 8 r` �(� (407)656-2322 NANCY J.PAR61',It ri• C 4� CITY MANAGER �� oP G000 HLI.IS SI IAPIRO MEMORANDUM DATE: March 13,2001 TO: Jean Grafton, City Clerk ��++ FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Easement Request—Time Warner Attached please find an agenda item for the March 20 commission meeting for the above referenced subject. If you have any questions, please call. Thank you. Jhw Attachment: Agenda Item Non-Exclusive Easement "CEA.IER OFGOODLIVING-PRIDE OF WEST ORANGE" MAYOR•COyINIISSIONrR Ocoee S. SCOTT VANDERGRIFT %*y �a CITY OF OCOEE COMMISSIONERS DANNY I IO W GI.I. a 150 N. LAKESIIORE DRIVE SCOTT ANDERSON OCOLE. FLORIDA 34761-2258 itus IOI NSON p f�i �i (407)905-3100 NANCY J.PARKER fp of coal ACTING CITY MANAGER JIM GLEASON MEMORANDUM DATE: March 13, 2001 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Easement Request - Time Warner Attached for your review and action is a proposed easement to be granted by the City of Ocoee to Time Warner Communications. Time Warner requested this easement in order to extend a cable from their facility on Maguire Road eastward to Bluford Avenue. The cable will be placed underground, and will not interfere with any current or planned city facilities. The language of the easement provides additional protection to the city in that it requires Time Warner to move the underground cable if it should become necessary due to a future city project or process. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached Non-Exclusive Easement. JWS/jbw Attachment \! 1 POWt ehe'affee�Water Rewnrr; THIS INSTRUMENT PREPARED BY: Scott A. Cookson, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: For Recording Purposes Only Jean Grafton, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 NON-EXCLUSIVE EASEMENT THIS NON-EXCLUSIVE EASEMENT, is made and entered into as of the _ day of , 2001 by and between the CITY OF OCOEE, FLORIDA, a municipal corporation duly created and existing under and by virtue of the laws of the State of Florida, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter "Grantor") and TIME WARNER COMMUNICATIONS, whose address is 6373 All American Boulevard, Orlando, Florida 32810 (hereinafter "Grantee"). WITNESS ETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations in hand paid to the Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, said Grantor does hereby grant, bargain, sell and convey to the Grantee, its successors and assigns forever, an easement over, through and under that certain tract of real estate situated in the County of Orange, State of Florida, more particularly described as: SEE EXHIBIT "A" ATTACHED HERETO INCORPORATED HEREIN BY REFERENCE (the "Easement Area"). The easement granted is more particularly described as the non-exclusive right and privilege of the Grantee and its agents, consultants and representatives to enter over, on, through or under the Easement Area, for the purpose of installing, maintaining, operating and repairing utility cables ("Utilities"), together with the rights, easements, privileges and appurtenances in or to the Easement Area which may be required for the full enjoyment of the rights herein granted. The easement, rights and privileges granted herein shall be perpetual. Grantee recognizes that this easement is granted solely to accommodate Grantee. Grantor, its successors and assigns, reserve the right to require, at any time and at Grantee's expense, the relocation of Grantee's Utilities to another location within the Easement Area or to another location within the Grantor's property adjacent to and in the vicinity of the Easement Area as of the date hereof(the "Grantor's Adjacent Land") should Grantor determine the location of the Utilities or Easement Area is inconsistent with Grantor's proposed use of the Easement Area and/or Grantor's Adjacent Land. Such relocation may require the removal of any underground Utilities and the replacement with aboveground Utilities. To the extent permitted by law, Grantee shall indemnify and hold harmless Grantor from and against all liens, liabilities, rights, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs (including, without limitation, reasonable attorneys fees and costs at both the trial and appellate level) of any kind or nature arising or growing out of or in any way connected or alleged to have arisen out of or been occasioned by, in whole or in part, by the exercise by Grantee, and its agents, consultants, and/or representatives of any rights and privileges pursuant to this Non-Exclusive Easement. This paragraph shall survive the termination of the Non-Exclusive Easement. 006 130867.2 IN WITNESS WHEREOF, the Grantor has caused this Non-Exclusive Easement to be executed by its duly authorized officers as of the day and year first above written. APPROVED: ATTEST: CITY OF OCOEE, a Florida municipal corporation Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2001 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2001. FOLEY & LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared and well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2001. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (it not legible on seal): 2 006.130867.2 EXHIBIT "A" DESCRIPTION: EASEMENT FOR TAX PARCEL 082 A PARCEL OF LAND LYING WESTERLY OF THE EASTERLY LINE OF SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INILRSLCIION OF THE EASTERLY LINE OF SAID SECTION 19 AND THE WESTERLY RIGHT OF WAY LINE OF A.C.L. RAILROAD; THENCE NORTH 35'38'41" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 3538'41" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 54'21'19" EAST A DISTANCE OF 37.69 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 19; THENCE SOUTH 01'22'00" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 25.05 FEET; THENCE SOUTH 54'21'19" WEST A DISTANCE OF 22.62 FEET TO THE POINT OF BEGINNING. CONTAINING 0.01 ACRES MORE OR LESS 9f vP 0 19 < k i0 Oo el LT) N O eo4- �� Ns% Cl) EASTERLY LINE OF OO�P 91' .p SECTION 19. TOWNSHIP 22 f}p' p. ,; SOUTH. RANGE 28 EAST fL y k 4Oi9. POINT BEGINNING �O'� POINT OF COMMENCEMENT WESTERLY RIGHT OF WAY LINE OF A.C.L. RAILROAD SCALE'. 1"-20' BEARING SHOWN HEREON ARE BASED ON THE EASTERLY LINE OF SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST AS SHOWN ON DRAWING NUMBLR 98-249 PREPARED BY CAMPBELL SURVEYING AND MAPPING OF BREVARD, INC. BEING SOUTH O1'22'00" WEST. Dote: 46871001 Legal Description 02/27/2001 S.S. FOR Job No.: Scale: A.L7E/i ;F 46671001 1" = 20' —.'1/ "r4``- a� TIME WARNER CH. e1G17-6. Florida Adminisirative SOUTHEASTERN SURVEYING & MAPPING CORP. 324 North Orlando Avenue COMMUNICATIONS Code requires that a legal description Maitland, Florida 32]51—4]02 drawing bear the notabon that (407) 647-8898 CERT. NO. 102108 THIS IS NOT A SURVEY. a ail: southeuslems rveying.com 1 B. K ECISIERED LAND SURvEYOR NO. 4245