HomeMy WebLinkAboutVII (E) Easement to Orange County Utilities for Freedom Park Agenda 9-17-2002
Item VIIE
FOLEY : LARDNER
MEMORANDUM
c.IFNT-MATTER NUMBER
020377 0107
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney A/ ri
DATE: September 10, 2002
RE: Freedom Park: Utility Easement with Orange County
In connection with the development of Freedom Park, the City has been advised
that the Orange County Utilities Department requires an easement around the double detector
check valve assembly in accordance with the construction plans for the project. Attached hereto
is a proposed Utility Easement which we have prepared in order to respond to this request.
Recreation Director.Johnny Farmer has reviewed this matter and recommends approval thereof.
RECOMMENDATION
It respectfully is recommended that the City Commission approve the Utility
Easement in favor of Orange County, Florida in connection with the development of Freedom
Park and authorize execution thereof by the Mayor and City Clerk.
PER/j Ih
Enclosure
cc: Johnny Farmer(w/encl.)
006 269068.1 FOLEY&LARDNER
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY& LARDNER
III North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando, EL 32802-2193
(407)423-7656
For Recording Purposes Only
AND SHOULD BE RETURNED TO:
Recreation Department
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee,FL 34761
UTILITY EASEMENT
THIS UTILITY EASEMENT is made this day of , 2002, by 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 N. Lakeshore Drive, Ocoee, Florida
34761, hereinafter referred to as the "Grantor", in favor of ORANGE COUNTY, FLORIDA, a
charter county and political subdivision of the State of Florida, whose address is Post Office Box
1393, Orlando, Florida 32802-1393, hereinafter referred to as "County".
(wherever used herein the terns "Grantor" and "County" shall include all
parties to this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations, partnerships
(including joint ventures),public bodies and quasi-public bodies.)
WITNESSET II:
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 County, the receipt and sufficiency of which is
hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey and warrant to the
County, its successors and assigns forever, a non-exclusive easement for utility purposes, with
full authority to enter upon, excavate, construct and maintain, as the County and its assigns may
deem necessary, the double detector check valve assembly (the backflow prevention device on
the water line) and any other related utility facilities over, under, upon and through the following
described lands situate in the County of Orange, State of Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE (the "Easement Area")
TO HAVE AND TO HOLD said easement unto said County and its assigns forever.
006.267651.1
The County and its assigns shall have the right to clear, keep clear and remove from said
Easement Area all trees, undergrowth, and other obstructions that may interfere with location,
excavation, operation or maintenance of the utilities or any facilities installed thereon by the
County and its assigns, and the Grantor, its successors and assigns, agree not to build, construct
or create, or permit others to build, construct or create any buildings or other structures on the
Easement Area that may interfere with the location, excavation, operation or maintenance of the
utilities, or any facilities installed thereon.
Grantor does hereby covenant with the County, that it is lawfully seized and possessed of
the real estate above described, that it has a good and lawful right to convey the said easement
and that it is free from all liens and encumbrances.
GRANTOR:
WITNESSES: CITY OF OCOEE,
a Florida municipal corporation
By:
Prim Name. -- Mayor
Attest:
City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 20
LEGALITY this day of UNDER AGENDA ITEM NO.
, 20 .
FOLEY & LARDNER
By:
City Attorney
006.267851.1
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 , 20
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number Er not legible on seal):
My Commission Expires (if not legible on seal):
005.267651.1
EXHIBIT "A"
(the"Easement Area")
A PARCEL OF LAND LOCATED IN THE SW '/ OF SECTION 32, T22S, R28E, ORANGE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SW Y OF SAD SECTION 32;
THENCE NO°21'46"W, ALONG THE EAST LINE OF THE SW / OF SAID SECTION 32, A
DISTANCE OF 607.20 FEET TO A POINT; THENCE LEAVING THE EAST LINE OF THE
SW '/A OF SAID SECTION 32, S89°56'52"W, A DISTANCE OF 1192.23 FEET TO A POINT;
THENCE N0°03'2I"W, A DISTANCE OF 137.25 FEET TO THE POINT OF BEGINNING;
THENCE NO°03'21"W A DISTANCE OF 20.00 FEET TO A POINT; THENCE N90°00'00"E,
A DISTANCE OF 10.00 FEET TO A POINT; THENCE SO°03'21"E, A DISTANCE OF 20.00
FEET TO A POINT; THENCE N90°00'00"W, A DISTANCE OF 10.00 FEET TO A POINT OF
BEGINNING;
SAID PARCEL CONTAINS 200 SQUARE FEET OF LAND, MORE OR LESS.
006.267651.1