HomeMy WebLinkAboutIII (C) Approval and Authorization for Mayor and City Clerk to Execute a Non-Exclusive Temporary Easement Agreement with Nina Sue Bowles re Professional Parkway/Old Winter Garden Road Widening Project Agenda 11-19-2002
Item III C
FOLEY : LARDNER
ATTORNEYS A T LAW
111 NORTH ORANGE AVENUE_SUITE 1800
ORLANDO.FLORIDA 32801:2386
P.O. BOX 2193
ORLANDO, FLORIDA 328022193
TELEPHONE:407.423.7656
FACSI ML_E 407.648.1743
W W W.FOLEYLARDNER.COM
MEMORANDUM
CLILNI-MAFILR NUMBER
0203]]-5548
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney MP.
THROUGH: Paul E. Rosenthal, City Attorney
DATE: November 4, 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 Nina Sue Bowles, a property owner along Old
Winter Garden Road. Ms. Bowles 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 Nina Sue Bowles. City staff, however, recommends the payment of $250.00 to
Nina Sue Bowles 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 S250.00 to Nina Sue Bowles to cover her costs in reviewing and
executing the agreement.
cc: Jim Gleason, City Manager
FOLEY& LARDNER
006.274982.1
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A.Doty, Esq.
FOLEY& 1.4RDNER
I11 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando.FL 32802-2193
(407)423-7656
For Recording Purposes Only
TCE-715
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2002, by and between Nina Sue
Bowles, whose address is 1513 Matador Dr., 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").
WITN ESSETH:
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.
006.287536.1
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/O1d 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
006267536.1
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 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
006.267536.1
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: <' �p�- ,,��
•
4Name & Ls.� �
Printki‘fi
Nanle�Ht14R 1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 3 I sklay of
0(A14Y' 2002, by NINA SUE BOWLES. She is personally known to me or
L has produced pp w— as identification.
WITNESS my hand and official seal in th County and State aforesaid this b F
day of UCf'd/+i"- 2002.
Notary Pub c
Print Name
My Commission Expires:
,,,L4.Mary4,0*
�+o-ryComm�ucrtcca0
te."Expos Jury 7.20003
4
006.267536.1
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 n 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
006.267536.1
PARCEL 715 TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION:
A portion of Lots 8 and 9, Block 13, PARK RIDGE as recorded in Plat Book 0, Page 100
of the Public Records of Orange County, Florida
Being more particularly described as follows:
Commencing at the northwesterly corner of said Lot 8, said point being on the
southerly right of way line of Old Winter Garden Rood; thence 575'28'06"E
along said right of way line 18.15 feet to the POINT OF BEGINNING; thence continue
S75'28'08"E along said right of way line 22.00 feet to a point on a line being
40.15 feet easterly of and parallel with the westerly line of said Lot 8; thence
S14'31'52"W along said parallel line 12.00 feet to a point on a line being 12.00 feet
southerly of and parallel with said right of way line; thence N75'28'O8"W along said
parallel line 22.00 feet to a point on a line 18.15 feet easterly of and parallel with
aforesaid westerly line of Lot 8; thence N14'31'52'E along said parallel line 12.00 feet
to the POINT OF BEGINNING.
Containing 264 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 N89'42'15"E
(Assumed).
Dale: 45727036
Legal Description April 22, 2002 CSTC.�--Sp ;
FOR Job No.: Scale:
45727036 1" = 40' Jr " fl Ll __
Professional Engineering'
Consultants SOUTHEASTERN SURVEYING k MAPPING CORP.
CH. 61617-6. 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 gib IntoOs hea ay surveyin corn
EXHIBIT A t " •
1
Page 1 of 2 SHEET 1 OF 2 e"eGARY B. CK
REGISTERED LAND SURVEYOR NO. 4245
SKETCH OF DESCRIPTION
OLD WINTER
POINT OF COMMENCEMENT 6p GR RDEN RO
NORTHWESTERLY CORNER OF qp
LOT 8, BLOCK 13
souls n,, w Nc POINT OF BEGINNING
w ` �O 22 °S750 8'°g'E
G 18.15' o
o
O2 'y^
O co75r28< 1 O LINE 40.15' EASTERLY OF
> ^ Orly •NO PARALLEL WITH THE
o WESTERLY LINE OF LOT 8
w 3
LINE 16.15' EASTERLY OF r.
AND PARALLEL WITH THE ? w` ® N
WESTERLY LINE OF LOT 8 N)
Q. d' TEMPORARY LINE 12 00' SOUTHERLY OF
CONSTRUCTION N) AND PARALLEL WITH THE
3W Z EASEMENT * SOUTHERLY RIGHT OF WAY LINE
LOT 7 LOT 8 LOT 9,
NINA SUE BOWLES
PARCEL ID NO.
28-22-28-8689-13-08f LOT 10
BLOC
P A RK RI GE
PLAT BOOK 0. PAGE 100
LOT 35 LOT 35
LOT 34 LOT 33
" = 40 '
GRAPHIC SCALE
0 20 40 80
ABBREVIATIONS:
R/W= RIGHT OF WAY
- A
SOUTHEASTERN SURVEYING & MAPPING CORP.
Drawing No. 45727036 EXHIBIT A 324 North Orlando Avenue
Job Na. 45727 Maitland, Florida 32751-4702
Dote: April 22, 2002 CS Page 2 of 2 (407) 647-8898 fox: (407) 647-1667
Sheet 2 of 2
See Sheet 1 for Legal Description