HomeMy WebLinkAboutIII (C) Approval and Authorization for the Mayor and City Clerk to Execute a Non-Exclusive Temporary Easement Agreement with CCFR Investment Group re Professional Parkway/Old Winter Garden Road Widening Project Agenda 10-15-2002
Item III C
FOLEY : LARDNER
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE,SUITE 1800
OR_ANDO, FLORIDA 32801 2386
P_0. BOX 2193
ORLANDO, FLORIDA 328022193
TELEPHONE'.407 4237656
FACSIMILE 407.648.1743
WWW.FOI FYI ARDNFR.COM
MEMORANDUM
CLIENT MATTER NUMFIFR
02C3770548
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee q"ry��
FROM: Mary A. Doty, Assistant City Attorney rl0't'J
THROUGH: Paul E. Rosenthal, City Attorney
DATE: October 2, 2002
RE: Professional Parkway/Old Winter Garden Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a NoP r[ r "Y E'N
Exclusive Temporary Easement Agreement from CCFR Investment Group, property owners
along Old Winter Garden Road. CCFR Investment Group has agreed to grant this interest to the
City at its appraised value of S5,782.00. Attached are two original Non-Exclusive Temporary
Easement Agreements which have been executed by CCFR Investment Group.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners approve:
I. The Non-Exclusive Temporary Easement Agreement authorizing execution
thereof by the Mayor and City Clerk; and
2. The payment of$5,782.00 to CCFR Investment Group for the appraised value of
the easement.
cc: James W. Shira, P.E., City Engineer
006.2]14]9.1 FOLEY& LARDNER
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A.Doty, Esq.
FOLEY& LARDNER
I I l North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
For Recording Purposes Only
TCE-703
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2002, by and between CCFR
Investment Group, a Florida general partnership, whose address is 1650 Sand Lake
Road, Suite 107, Orlando, FL 32809, (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").
W ITNESSETH:
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
006267427 1
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 Professional Parkway/Old Winter Garden Road which is
located adjacent to and in the vicinity of the Easement Property, and Kb) tying in and
harmonizing the Easement Property and the driveways, walkways, and other
improvements thereon with the construction of the Professional Parkway/Old Winter
Garden 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, 2005.
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
2
006267427.1
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
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.
2
006.267427 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:
CCFR Investment Group, a Florida
general partnership
CLCC
, nt Na e Ac-c I. ,t bd,_I J
- t By:
i 7/
L.��r� ti,
Name: Wiltir,roti, I, Frz.de
Print Name Cgro/ // 4 till Its: General Partner
STATE OF FLORIDA
COUNTY OF C1t-Anq.C,
JJ ;f
The foregoing ins ment was acknowledged before me this 4_ day of
P- '�cruher 2002,by Dr. LJr/I,a.4 k. Yi4J5,/as General Partner of CCFR
Investment Group. He She is personally known to me or J -has--prodteed
-as-ideu :atiun.
WITNESS my hand and official seal in the Co • d State aforesaid this --3�O3lt_
day cp _ e.ntLt.- 2002. o / f
N ary Public
Caro LIct- ‘,/�
Print Name
My Commission Expires:
SF: Carol Y.Harvey
vA .: MY COMMISSION* DCe62319 EMPIRES
October 30,2005
P;;;fl°. weor*1HPU1OY FM ixww¢E we
4
006.267427.1
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 , 2002
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. .
2002.
By:
Foley & Lardner
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2002, 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 2002.
Notary Public
Print Name
My Commission Expires:
s
006 267427.1
PARCEL 703 Temporary Construction Easement
LEGAL DESCRIPTION
A portion of Lot 3 West Orange Commercial Center, as recorded in Plat Book 25, Page 67
of the Public Records of Orange County, Florida.
Being more particularly described as follows:
Beginning at the intersection of the Southwest corner of said Lot 3 and the north right
of way line of Professional Parkway; thence N44'49'26"E along the northwesterly line of
said Lot 3 a distance of 14.17 feet to a point on a line being 10.00 feet north of and
parallel with said right of way line; thence N89'42'15'E along said parallel line
299.96 feet to a point on the east line of said Lot 3; thence SO0'17'45'"E along said
east lot line 10.00 feet to a point on the said right of way line; thence
S89'42'159W along said right of way line 310.00 feet to the POINT OF BEGINNING.
Containing 3,050 square feet, more or less.
Note: Bearings shown hereon are based on the North line of the Southwest 1/4 of
the Northwest 1/4 of Section 29, Township 22 South, Range 28 East as being
North 89'42'15" East (Assumed)
Date: 457270266
Legal Description April 22, 2002 CBvG =r'--;•---__ r_
FOR Job Na.': Scale. 'T�1�1 •- `-
45727066 1" = 50' 7ana =
Professional Engineering _ a
Consultants SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61G17-6, Florida Administrative 324 North Orlando Avenue
Code requires that a legal description Maitland, Florida 32751-4702
drawing bear the notation that (407) 647-8898 CERT. NO. LB2108
THIS IS NOT A SURVEY. a ail: infoasoay(.ease nsurveyin corn
EXHIBIT A
Page 1 of 2 �.
Sheet 1 of 2 GARY B. CK
REGISTERED LAND SURVEYOR No. 4245
SKETCI I OF DESCRIPTION
WEST ORANGE I
COMMERCIAL CENTER REW CIRCLE
PLAT BOOK 25, PAGE 67
N W 1 /4 N W 1 /4
SECTION 29-22-28
WEST LINE OF THE NE 1/4
OF THE NW 1/4 OF SECTION 29
LOT 4 ?'
Q6\ EAST LINE OF EAST LINE OF LOT 3
OQS THE NW 1/4
P OF THE NW 1/4 LOT 2
OF SECTION 29
I N44'49'26'E
14 17' LOT 3
CCFR INVESTMENT GROUP
PARCEL ID NO. 29-22-28-9158-00-030
LINE 10.00' NORTH OF AND PARALLEL WITH
E C < 1 TEMPORARY NORTH R/W LINE 500,17'45"E
1, Jam/ CEMC
EASEMENT 10.00'
N89'42'15"E 299.96'
S89'42 15 W 310.00'
NORTH RIGHT OF WAY LINE
PROFESSIONAL PARKWAY
POINT OF 60.00' RIGHT OF WAY
BEGINNING
SOUTHWEST CORNER �J
LOT 3
1 " = 50'
GRAPHIC SCALE
0 25 50 100
ABBREVIATIONS: .4:47-44.
R/W = RIGHT OF WAY
EXIST.= EXISTING T����``(((''''''����""`=_SAWMEMSall.Dro
ng No. 45727066 EXHIBIT A SOUTHEASTERN SURVEYING & MAPPING CORP.
Job No
Job No. 45727 324 North Orlando Avenue
Dote: April 22, 2002 CBvG/CS Page 2 of 2 Maitland, Florida 32751-4702
Sheet 2 of 2 (407) 647-8898 fax: (407) 647-1667
See Sheet 1 (or Legal Description