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Home My WebLink AboutIII (B) Approval and Authorization for Mayor and City Clerk to Execute a Non-Exclusive Temporary Easement Agreement with Shannon Lyle Boyer re Professional Parkway/Old Winter Garden Road Widening Project Agenda 11-19-2002 Item III B FOLEY : LARDNER ATTORNEYS A T L A W Ill NORTH ORANGE AVENUE. SUITE. 1800 ORLANDO_FLORIDA 32801 2386 P. 0.BOX 2193 ORLANDO. FLORIDA 32802-2193 TELEPHONE:407.423.7656 FACSIMILE 407.643.1763 W W N.FOLEY-ARD NE R.COM MEMORANDUM CLIE1IT.MATTER NUMBER U2CBDp54J TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Assistant City Attorney THROUGH: Paul E. Rosenthal, City Attorney DATE: November 6, 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 Shannon Lyle Boyer, a property owner along Professional Parkway. Dr. Boyer has agreed to grant this interest to the City at its appraised value of$2,845.00. Attached arc two original Non-Exclusive Temporary Easement Agreements which have been executed by Dr. Boyer. 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$2,845.00 to Shannon Lyle Boyer for the appraised value of the easement. cc: Jim Gleason, City Manager FOLEY&LAP DNER 006.275456.1 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 3 28 02-2 19 3 (407)423-7656 For Recording Purposes Only TCE-704 NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT TIIIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made and entered into this day of_ 2002, by and between Shannon Lyle Boyer, whose address is 410 N. Dillard Street, Winter Garden, FL 34787 (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 I. 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 006 2674351 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 (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 S. 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 1 006.267435.1 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. 3 006.257435.1 • • 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: 7c1 ;naafi Print Name/YIRQS4gt /i IC4.SSF/L ' tiv./ Shannon Lyle B yed r s Print Name Av.e_T('r¢ r STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of C cPa6ti 2002, by SHANNON LYLE BOYER. He is personally known to me or n has produced as identification. W TNESS my hand and official seal in t .ounty and State aforesaid this 50 day of 2002. \ • ry Public 10 TOr-:2.S Print Name My Commission Expires: : ANA TORRES t MV COMMISSION#OO10615E en EXPIRES:Apd4 2006 � ^aei rvPecon 4 006.267435.1 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: 5 006.267435A • Parcel 704 Temporary Construction Easement LEGAL DESCRIPTION A portion of Lot 2 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: Begin at the intersection of the Southwest corner of said Lot 2 and the Northerly right of way line of Professional Parkway; thence along the West line of said Lot 2 NOO'17l45W, 10.00 feet to a point on a line being 10.00 feet North of and parallel with said Northerly right of way line; thence N89'42'15"E, 150.00 feet along said parallel line to the East line of said Lot 2; thence S00'17.45"E, 10.00 feet along the East line of said Lot 2 to said Northerly right of way line; thence S89'42'15W, 150.00 feet along the said Northerly right of way line to the POINT OF BEGINNING. Containing 1,500 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 N89'42'15"E (Assumed). Date. 45727060 Legal Description April 22, 2002 CEvG 4.— . � ��F� FOR Job No.: Scale: PAL h3=, . `\ 45727060 =� �diriik=`� Professional Engineering Consultants SOUTHEAcTERN SURVEYING & MAPPING CORP. CH, 61017-6, Florida Administrative 324 North Orlando Avenue Code requires that a legal description Maitland. Florida 32751-4702 drawing bear the notation thot (407) 647-8898 CERT. NO. L82108 THIS IS NOT A SURVEY. e ail: infogsa hea a surveyin cam EXHIBIT A • Page 1 of 2 Sheet 1 of 2 rOARY E.<ERIOK CG61ERED LAND SURVEYOR NO. 4245 SKETCH OF DESCRIPTION REW CIRCLE 50.00' RIGHT OF WAY WEST ORANGE COMMERCIAL CENTER PLAT BOOK 25, PAGE 67 N E 1 /4 N W 1 /4 ISECTION 29-22-28 t. LOT 1 LOT 3 LOT 2 CV N SHANNON LYLE BOYER 9 z PARCEL ID NO. w k- z 29-22-28-9158-00-020 in sa r 10' NORTH OF AND w 7 `� CONSTRUCTION NORTHERLPARALLEL Y TH SAID RIGHT EASEMENT OF WAY LINE N00'17'45'W N89'42'15"E 150.00' S00'17'45"E 10.00' 10.00' S89'42'15"W 150.00' NORTHERLY RIGHT OF WAY LINE PROFESSIONAL PARKWAY POINT OF 60.00' RIGHT OF WAY BEGINNING SOUTHWEST CORNER LOT 2 EXHIBIT A Page 2 of 2 ABBREVIATIONS: R/W = RIGHT OF WAY EXIST.= EXISTING — '® 0 Drawing No. 45727060 1 = 40 SOUTHEASTERN SURVEYING & MAPPING CORP. Job No. 45727 GRAPHIC SCALE 324 North Orlando Avenue Dote: April 22. 2002 CBvG Maitland, Florida 32751-4702 (407) 647-8898 fox: (407) 647-1667 Sheet 2 of 2 0 20 40 80 See Sheet 1 far Legol DescripEOn