HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor and City Clerk to Execute a Non-Exclusive Temporary Easement Agreementwith Marilyn E. Armstrong for Professional Parkway/Old Winter Garden Widening Project Agenda 11-05-2002
Item III B
FOLEY : LARDNER
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO. FLORIDA 328012386
P.0. 90X 2193
ORLANDO_FLORIDA 328022193
TELEPHONE:407 423.7656
FACSIMILE:407 648.1743
WWW.FO LEV LA R DN ER.COM
MEMORANDUM
CLIEN'MATTER NUMBER
0203IJD548
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee �/
FROM: Mary A. Doty, Assistant City Attorney W"
THROUGH: Paul E. Rosenthal, City Attorney
DATE: October 24, 2002
RE: Professional Parkway/Old Winter Garden Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a Non-
Exclusive Temporary Easement Agreement from Marilyn E. Armstrong, property owner along
Old Winter Garden Road. Ms. Armstrong has agreed to grant this interest at no cost to the City.
Attached are two original Non-Exclusive Temporary Easement Agreements which have been
executed by Ms. Armstrong. City staff, however, recommends the payment of S250.00 to Ms.
Armstrong to cover her costs incurred in reviewing and finalizing the agreement.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners approve:
1. The Non-Exclusive Temporary Easement Agreement authorizing execution
thereof by the Mayor and City Clerk; and
2. The payment of$250.00 to Marilyn E. Armstrong to cover her costs in reviewing
and executing the agreement.
cc: Jim Gleason, City Manager
006.2]4085.1 FOLEY& LARDNER
•
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A. Doty,Esq.
FOLEY&LARDNER
I 1 1 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando.FL 32802-2193
(407)423-7656
For Recording Purposes Only
TCF 712
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2002, by and between Marilyn E.
Armstrong, whose address is 3462 Old Winter Garden Road, Gotha, FL 34734
(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.
006.267451.1
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 (b) 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
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
006.267451.1
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 he 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
006.267451.1
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:
ri t Name ,L, `n. ARI N E. ARMSTRONG
Prin a
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 2.-Sa day of
2002, by MARILYN E. ARMSTRONG. She is ❑ personally known
to me or has produced D. L• as identification.
WITNESS my hand and official seal in the County and State aforesaid this ZV '
day of ricyrtgo 2002.
No ry r
" .Scott A Cookson
4*M C«nmuv ci on CC88i110 p 3
id Eapkes October 31,2003 ._
Print Name
My Commission Expires:
4
006.267451.1
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
TIIE 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 I I 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:
5
OG6.267451.1
PARCEL 712 Temporary Construction Easement
LEGAL DESCRIPTION:
A portion of Section 29, Township 22 South, Range 28 East, Orange County,
Florida
Being more particularly described as follows:
Commencing at the Southwest corner of the SE 1/4 of the NE 1/4 of said Section
29; thence NOO'02"24"W along the West line of the SE 1/4 of the NE 1/4 of said
Section 29 927.20 feet; thence N89' 46'55E a distance of 365.43 feet to a point
on the West line of lands described in Official Records Book 3551, Page 967 of the
Public Records of Orange County, Florida; thence N00'48'27"E along said line
261.38 feet to a point on the southerly right of way line of Old Winter Garden
Road; thence 575'28'05"E along said right of way line 9.05 feet to the POINT
OF BEGINNING; thence continuing along said right of way line 575'28'08'"E o distance
of 22.00 feet; thence leaving said right of way line 514'31'52"W a distance of
5.50 feet to a point on a line being 5.50 feet southerly of and parallel with
said right of way line; thence N75'28'08"W along said parallel line 22.00 feet;
thence N14131'52"E o distance of 5.50 feet to the POINT OF BEGINNING.
Containing 121 square feet, more or less.
NOTE: The bearings shown hereon are based on the North line of the SW 1/4 of the NW 1/4
of Section 29, Township 22 South, Range 28 East, Orange County, Florida, being N89142'15'E
(Assumed).
Date: 45727077
Legal Description April 22, 2002 CS ----" it
d
FOR Job No: sam j�e: •'•?4'° T 1'
4�
45727077 I 1" = 20' —' Slat
Professional Engineering 4r J �A
Consultants SOUTHEASTERN SURVEYING dr MAPPING CORP.
CH. 61617-6, Florida Administrative 324 North Orlando Avenue
Code requires that a legal description Maitland, Florida 32751-4702
drawing bear the natation that (407) 647-8898 CERT. NO. LB2108
THIS IS NOT A SURVEY. e all: infoOs hea e surveyin corn
EXHIBIT A '
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Page 1 of 2 Sheet 1 of 2 GARY B.CRICK
REGISTERED uuo SURVEYOR No. azss
SKETCH OF DESC .PIPTIO\
OLD W/Nrp.no R WARDEN ROAD
POINT OF BEGINNING
szs-28 at.
9'05'/,� 37��°108 be
in IV, 2`v�)- SOOTHERIY R/W LINE
®28'p8' h-)
v
TEMPORARY 7
CONSTRUCTION (n
EASEMENT LINE 5.50' SOUTHERLY OF
AND PARALLEL WITH THE
R/W LINE
WESTERLY LINE OF PARCEL PER
OFFICIAL RECORDS BOOK 3651 PAGE 967
MARILYN E. ROGOWSKI
PARCEL ID NO.
29-22-28-0000-00-036
1159'46'551E SOUTHERLY LINE OF PARCEL IN
365.43' OFFICIAL RECORDS BOOK 3651 PAGE 957
•
WEST LINE OF THE SE 1/4 OF THE
NE 1/4 OF SECTION 29. TOWNSHIP 22 SOUTH,
a., L N 0 T PLATTED
rL
Itcn SE 1/4, NE 1/4
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
POINT OF COMMENCEMENT
SW CORNER OF THE SE 1/4 OF THE
NE 1/4 OF SECTION 29. TOWNSHIP 22 SOUTH,
/
RANGE 28 EAST
ABBREVIATIONS: Ya`E
R/W = RIGHT OF WAY f 'fires
GRAPHIC 1 " = 20 bdti�L
GRAPHIC SCALE
SOUTHEASTERN SURVEYING & MAPPING CORP.
Om wing No. 45727077 0 10 20 40 324 North Orlando Avenue
Job No. 45727 Maitland, Florida 32751-4702
Date: April 22, 2002 CS EXHIBIT A (407) 647-6898 fax: (407) 647-1667
Sheet 2 of 2 Page 2 of 2
See Sheet 1 for Legal Description