HomeMy WebLinkAboutIII(G) Approval And Authorization For The Mayor And City Clerk To Execute A Non-Exclusive Temporary Easement Temporary Easement Agreement With Bennie A And Deborah L Staggs Re Professional Parkway/Old Winter Garden Road Widening Project Agenda 10-01-2002
Item III G
FOLEY : LARDN ER
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE,SUITE 1800
ORLANDO,FLORIDA 32801.2386
P.0.BOX 2193
ORLANDO, FLORIDA 32802-2193
TELEPHONE:407.423.7656
FACSIMILE:407.648.1743
WWW.FOLEYLARDN ER.COM
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0548
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee , p,(�
FROM: Mary A. Doty, Assistant City Attorney 4��'J
THROUGH: Paul E. Rosenthal, City Attorney
DATE: September 13, 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 Bennie A. and Deborah L. Staggs, property
owners along Old Winter Garden Road. The Staggs have agreed to grant this interest at no cost
to the City. Attached is an original Non-Exclusive Temporary Easement Agreement which has
been executed by the Staggs. City staff, however, recommends the payment of$250.00 to the
Staggs to cover their 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 Bennie A. and Deborah L. Staggs to cover their costs
in reviewing and executing the agreement.
cc: Jim Gleason, City Manager
James W. Shira, P.E., City Engineer
FOLEY& LARDNER
006.269426.1
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 32802-2193.
(407)423-7656
For Recording Purposes Only
TCE-716
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2002, by and between Bennie A.
Staggs and Deborah L. Staggs, whose address is 3732 Old Winter Garden Road,
Gotha, FL 34734, (hereinafter referred to as the. "Grantors"), 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, Grantors are the owners 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 Grantors have 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. Grantors hereby give, grant, bargain, sell, and covey 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.
006.267543.1
Section 3. Grantors hereby warrant and guarantee to Grantee that Grantors
have fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantors have 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 Grantors reserve to
themselves, their 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 Grantors 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
006.267543.1
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 Grantors (or their 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 Grantors agree that they 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 Grantors 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
Grantors of any building permits, certificates of completion or certificates of occupancy
because of the inability of the Grantors to complete improvements within the Easement
Property due to the restrictions imposed by this Easement Agreement; provided,
however, that the Grantors shall, at Grantors' 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 Grantors from any of their
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 Grantors' 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 Grantors, or their respective legal
representatives, successors and assigns.
3
006.267543.1
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 GRANTORS:
in the presence of:
' t N me (o y e.E 1 7/76015 ENNIE A. STAGGS
ramie 1-0v Ce 1 / 1/f5 Qt9)-81d14
DEBORAH L. STAGGS
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this foil/ day of
EplEix< 2002, by BENNIE A. STAGGS.-He is y personally known to me or
❑ has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this /0
day of 5 e�764 3 2002.
Nota` blic
yr v�.
4ti� :� JOYCE I.THOMAS <A7M 5
MYCOMMISSION#CC 871496
?r: Print Name
My Commission Expires: 1/1 Yl°3
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this /oil day of
S 6frt /ft 4� 2002, by DEBORAH L. STAGGS: She is 1Z personally known to me
or ❑ has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this /o TN
day of 5'6PIA'M 4 6 — 2002.
No Public
"r l'oel, JOYCE I.THOMAS
IV
Print Name
�llfi$a7 MY COMMISSION#CC 871496
+OF fte EXPIRES:Sep 14,2003
1.800-3-NOTARY Fla Notary Service 8 mord,ra Co. .'
4
006.267543.1
My Commission Expires: 7//V/0 3
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 \3�. DAY OF UNDER AGENDA ITEM NO. .
Stp 2002
By:
Foley & Lardner
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
Th foregoing instrument was acknowledged before me this da‘ 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
006.267543.1
•
PARCEL 716 TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION:
A portion of Lots 16 and 17, 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:
•
BEGINNING at the northwesterly corner of said Lot 17, said point being on the
southerly right of way line of Old Winter Garden Road; thence S75'28'08"E
along said right of way line 19.15 feet to a point on a line being 19.15 feet
easterly of and parallel with the westerly line of said Lot 17; thence S14'31'52"W
along said parallel line 8.00 feet to a point on a line being 8.00 feet southerly
of and parallel with said right of way line; thence N75'28'08"W along said parallel
line 19.15 feet to a point on the westerly line of said Lot 17; thence
N14'31'52"E along said lot line 8.00 feet to the POINT OF BEGINNING.
Containing 153 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).
Date: 45727037
Legal Description April 22, 2002 CS f_::::' �:
FOR ::.
Job No.: Scale: i i' /� a,u
45727037 1" = 40' u i �;``►
Professional Engineering MIIoIIN1111i11
Consultants SOUTHEASTERN SURVEYING do MAPPING CORP.
CH. 61G17-6, 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. L82108
THIS IS NOT A SURVEY. a ail: info®s hea e surveyin cam
EXHIBIT A •
Page 1 of 2 SHEET 1 OF 2 GARY B. RICK
REGISTERED LAND SURVEYOR NO. 4245
•
•
SKETCH OF DESCRIPTION
•
• OLD
w/N7
ER G
s � R '�RDE
rw N R0
716o POINT OF. AD
TEMPORARY BEGINNING
CONSTRUCTION NORTHWESTERLY CORNER
SOUTHERLY RAv LINE EASEMENT 9`S7J``.28, LOT 17
0 5' OBE
0 '_ AINEND 19.15' EASTERLY OF
• AND PARALLEL WITH THE
( �9. 'C� WESTERLY LINE OF LOT 17
N78. Z •
. 4► ;2g o8" oo .
-
WESTERLY LINE E
OF LOT 17 .� ' 3 o
P) r C i a:
e!- 1 N
•
LINE 8.00' SOUTHERLY OF
Z AND PARALLEL WITH THE
BENNIE A. STAGGS AND • SOUTHERLY R/W LINE
DEBORAH L. STAGGS
• LOT 15 PARCEL ID NO. CO I
28-22-28-6689-13-170
LOT 16 .;. '
LOT 17 / LOT 18 r
BLOCK; 13 •
/ P; A R K R_L�G•
�E I.
PLAT BOOK 0, PAGI 100
LOT 28 • -
LOT 27 ' - ....,"
LOT 26
I LOT 25
1" = 40 ' .
GRAPHIC SCALE
0 20 40 80
•
•
ABBREVIATIONS: ��IMM� W��
R/W = RIGHT OF WAY ` 1' i4 tri.&111.'1' ..
• MM MMIRR WW \
SOUTHEASTERN SURVEYING & MAPPING CORP.
Drawing No. 45727037 EXHIBIT A 324 North Orlando Avenue
Job No. 45727 Maitland, Florida 32751-4702
Date: April 22, 2002 CS Page 2 of 2 (407) 647-8898 fax: (407) 647-1667
Sheet 2 of 2