HomeMy WebLinkAboutIII(E) Approval And Authorization To Purchase A Utility Easement From John H. Worsham Jr And Mary G. Worsham For The Heavener/ Kane Project For The Amount Of $5,000 Agenda 10-01-2002
Center of Good LI Item III E
Mayor �,�e :_: 4 ivy Commissioners
S. Scott Vandergrift r ►_< Danny Howell, District 1
w Scott Anderson, District 2
City Manager 01k, �� ,h� Rusty Johnson, District 3
Jim Gleason y, w- Nancy J. Parker, District 4
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E., City Engineer/Utilities Director
DATE: September 25, 2002
RE: Easement Purchase from Worsham
During plan review for the Heavener/Kane project, we discussed with their engineer the
possibility of routing his proposed force main in a direction that would not require another
connection to the 12" force main on SR 50.
The alternate route was to go north and then east across Clarke Rd. to tie into the lift station at
the mall. This would allow the Heavener/Kane lift station to be designed with more efficient
pumps, and since it will be turned over to the city, this would serve our long-term interests. This
would, however, require an easement across the property just north of Don Pablos.
They agreed that this was a good idea,but questioned whether they should be responsible for the
cost of the required easement. They reminded us that their property was subject to all of the
covenants that came with the purchase agreement for the wastewater system from RCA, and they
felt that if we didn't allow them to connect to the SR 50 force main, and made them purchase an
easement instead,that the terms of that agreement were being violated.
The City Attorney and I concluded that their argument may have enough merit to at least take a
significant amount of time and attorney fees to resolve. Since the easement route is in the city's
long term interest anyway, we concluded that it would be appropriate for the city to obtain the
easement.
We contacted the property owner, Mr. John Worsham, and he agreed to provide the required
easement to the city for$5,000.00. Attached for your review is a copy of the easement.
I recommend that the City Commission approve the payment of$5,000 from Wastewater
Operating fund for this easement.
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JWS/jbw \
The City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone:(407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
FOLEY &LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
For Recording Purposes Only
AND SHOULD BE RETURNED TO:
Engineering Department
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
UTILITY EASEMENT
THIS UTILITY EASEMENT is made this t 0 day of ids- -1 ' , 2002,
byJOHN H. WORSHAM JR. and MARY G. WORSHAM his wi� fe�se address is
, _
40911 Thomas Boat Landing Road, Umatilla, Florida 32784, hereinafter referred to as
"Grantor", in favor of the 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 "City".
(wherever used herein the terms "Grantor" and "City" 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.)
WITNESSETH:
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 City, the receipt and sufficiency of
which is hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey and
warrant to the City, its successors and assigns forever, an exclusive easement and right-of-way
for utility purposes, with full authority to enter upon, excavate, construct and maintain, as the
City and its assigns.may deem necessary, water pipes, sewer pipes, and any other 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")
006.265935.1 -1-
TO HAVE AND TO HOLD said easement and right-of-way unto said City and
its assigns forever.
The City 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 City 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. Notwithstanding the issuance of
any permit to construct a fence or other structure, the Grantor recognizes and consents to the
right of the City or an authorized utility company if applicable, to remove the fence or other
structure from the Easement Area without compensation or reimbursement to the Grantor if
the fence or other structure is deemed to impede the purpose or utility of the easement.
Grantor does hereby covenant with the City, 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.
Signed, sealed and delivered GRANTOR:
in the presence of:
int Name:Je_CLVIiile_ (-SY 11 H. WORSHAM, JR.
j. /h74
Print Name: /J01'iDf' Or*
Ilk / g_LtIo
P rift Name: �lY\Yl Y G J h ORSHAM
dA-14.1
Print Name: not/!'d A. WA IA-A P
006.265935.1 -2
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this (Q day of
2r'Y1�j2X , 2002 by John H. Worsham, Jr., who [ ] is personally known to me or [
] produced Pt_ dit 'tiC 5• (sas identification.
$ _•
Ll�
S'mature of Notary
teYPy••. JEANNE B.WASHINGTON
'an°: MY COMMISSION#CC 783224
V•. r`-; EXPIRES:December 26,2002 Print Name of Notary
of NYQ' Bonded Thru Notary Public Underwriters Commission Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this if) day of
der , 2002 by Mary G. Worsham, who [ ] is personally known to me or [
producedf L( 1SLi( loc)5S5rl •- .as identification.
'
.:o ;'' JEANNE B.WASHINGTON
S nature of Notary
:
.�� .,_ MY COMMISSION#CC 783224
•_0* o= EXPIRES:December 26,2002
,;.�_ ;
of'''' Bonded Thru Notary Public Underwriters
Print Name of Notary
Commission Number:
My Commission Expires:
006.265935.1 -3-
EXHIBIT "A"
(the "Easement Area")
The South 10 feet of Lot 2 of Worsham Subdivision as recorded in Plat Book 38, Page 132,
Public Records of Orange County, Florida.
006.265935.1 -4-