HomeMy WebLinkAboutIII (B) Approval and Authorization for the Mayor and City Clerk to Execute the Sidewalk Easement Agreement and the Non-Exclusive Temporary Easement Agreement Agenda 01-21-2003
Item 111 B
FOLEY : LARDNER
ATTORNEYS AT LAW
1❑ NORTH ORANGE AVENUE.SU I E 1800
ORLANDO FLORIDA 32801 2386
P.O. BOX 2193
ORLANDO.=LCRI DA 32802 2193
TELEPHONE:401 423J656
=AOSIMILE.407 648.1743
WWW.FOLE°LARDNER.COM
OS 1(�I rt. ]`l• .H
MEMORANDUM
CLIPNTMAT:ER NUMBER
0203J]0547
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee ^^'' ''��
FROM: Mary A. Doty, Assistant City Attorney/q't 'V
THROUGH: Paul E. Rosenthal, City Attorney
DATE: January 9, 2003
RE: Professional Parkway/Old Winter Garden Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Sidewalk Easement and a Non-Exclusive Temporary Easement Agreement from Dr. Mark T.
Maehuga, Professional Association, a property owner along Professional Parkway. The
appraised values of these easement interests are S304.00 and $3,128.00, respectively. A copy of
the appraisal report is available in the Clerk's office for your review. Dr. Machuga has agreed to
convey these interests to the City for $439.50 (Sidewalk Easement) and $3,417.25 (Temporary
Construction Easement) and the payment of $250.00 in attorneys' fees. This is $424.75 more
than the appraised values. Given the costs of eminent domain proceedings, City Staff
recommends that Dr. Machuga's counteroffer be accepted. Accordingly, attached are two
originals of each Easement which have been executed by Dr. Machuga.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners approve:
1. The Sidewalk Easement Agreement and Non-Exclusive Temporary Easement
Agreement authorizing execution thereof by the Mayor and City Clerk; and
2. The payment of$3,856.75 to Dr. Mark T. Machuga, Professional Association for
the easements and the payment of S250.00 to Attorney Lynn Walker Wright.
cc: Jim Gleason
David Wheeler
FOLEV& LARDNER
006.28°695.1
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A. Doty, Esq.
FOLEY & LARDNER
III North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
For Recording Purposes Only
TCE-705
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT is made and entered into this day of 200 , by and
between Dr. Mark T. Machuga, P.A., a Florida corporation, whose address is 740
North Hastings Street, Orlando, FL 32808 , (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").
WITNESSET H:
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
006.269922.
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
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 CO 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 he 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 shalt 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
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:
Dr. Mark T. Machuga, P.A.
a Florida corporation
•
Print Name
By-
Name-
Print Name_. Its:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200 , by as of Dr.
Mark T. Machuga, P.A, a Florida corporation. He/She is I I personally known to me
or has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of ._ 200_
Notary Public
Print Name
My Commission Expires:
4
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 . 200
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
200 .
By:
Foley & Lardner
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
200 , by S. Scott Vandergrift. as Mayor of the City of Ocoee. He
is personalty known to me or has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 200 .
Notary Public
Print Name
My Commission Expires:
5
Parcel 705 Temporary Construction Easement
LEGAL DESCRIPTION
A portion of Lot 1 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 1 and the North right of way line fo
Professional Parkway; thence along the West line of said Lot 1 N00'17'45'W, 10.00 feet to a point on a
line being 10.00 feet North of and parallel with said North right of way line; thence N89'42'15"E, 170.01
feet along said parallel line to the East line of said Lot 1; thence 544'34'31"W, 14.11 feet to the said
Northerly right of way line; thence 589'42'15"W, 160.05 feet along said North right of way line to the
POINT OF BEGINNING.
Containing 1,650 square feet more or less.
Note: Bearings shown hereon ore 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: 45727062
Legal Description April 22, 2002 CBvG
FOR Job No: Scale _LL:.�.`rL
45737062 1 ' = 40' ,IN771.allitkProfessional Engineering
Consultants SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61C17-6, Florida Administrable 324 North Orlando Avenue
Code reeaires that a legal description Maitland, Florida 32751-4702
drawing bear the notation that (407) 647-8898 CERT. NO. L82108
THIS IS NOT A SURVEY. e ail: inroms eo e surveyin com
•
Sheet I of 2 fREcoico LAND suxc'oa No. 4o
SKETCH OE DESCRIPTION
REW CIRCLE
50.00' RIGHT OF WAY
2
WEST ORANGE COMMERCIAL CENTER
PLAT BOOK 25, PAGE 67 W
N E 1 /4 N W 1 /4 >
SECTION 29-22-28 Ct L,
0 0
MARK T. MACHUGA F.
PARCEL ID NO. 29-22-28-9158-00-010 Z 1
LOT 2 LW e2
LOT 1 �. 0
FE 0 q
o CO co
z
of 10' NORTH OF AND PARALLEL
WITH SAID NORTHERLY RIGHT
z OF WAY LINT_ a
li w
I—
w (-7�� TEST I-RUCRY
\ /� cTEMPORARY S44'34'31'"W
EASEMENT
N00117'45'W N89'42115"E 170.01 ' 14.11 '
10.00' S89'42'15'W R 160.05'
NORTH RIGHT OF WAY LINE
PROFESSIONAL PARKWAY
60.00' RIGHT OF WAY
POINT OF
BEGINNING
SOUTHWEST CORNER
LOT 1
AEEREVIATIONS. / '
R/W = RIGHT OF WAY 777 17 '�`
EXJST.- EXISTING a' 7_i'1111"_LLtie
N L irWar!s an a a
t
•
Drawing No. <927a52 T = 4G SOUTHEASTERN SURVEYING & MAPPING CORP.
Job No. 45727 GRAPHIC SCALE 324 North Orlando Avenue
Date: April 22. 2002 CBaC Maitland, Florida 32751-4702
Sheet 2 of 2 0 20 40 gp (407) 647-6698 fax: (407) 647-1667
See Sheet I for Legal Description
THIS INSTRUMENT PREPARED BY
AM)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.
SWE-601
SIDEWALK EASEMENT AGREEMENT
THIS SIDEWALK EASEMENT AGREEMENT (this "Easement
Agreement") is made and entered into this day of _ 200 , by and
between DR. MARK T. MACHUGA, PROFESSIONAL ASSOCIATION, a Florida
corporation, whose address is 740 North Hastings Street, Orlando, FL 32808 (hereinafter
referred to as the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation,
whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as
the "Grantee"):
W ITNE SSETH:
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 perpetual nonexclusive sidewalk 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 conveys to Grantee an
easement for the location of a sidewalk upon the Easement Property (the "Easement"), all
subject to the terms, conditions and limitations set forth herein. The Grantee shall have full
authority to enter upon, excavate, construct, operate, repair, and maintain, as the Grantee or
its assigns may deem necessary, the Sidewalk upon the Easement Property.
Section 3. Grantor hereby warrants 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 that Grantor has full power and authority to grant this Easement as to the Easement
Property.
Section 4. Subject to the terms, conditions and limitations hereinafter set forth, the
Grantee, its employees, agents, contractors, consultants and assigns shall have the right of
ingress and egress over, upon, and across the Easement Property at all times for the purpose
of excavating, constructing, operating, repairing, and maintaining the Sidewalk. The Grantee,
its employees, agents, contractors, consultants and assigns, shall have the right to clear and
keep clear all trees, undergrowth, and other obstructions that may interfere with normal
operation or maintenance of the Sidewalk, out of and away from the Easement Property, and
the Grantor agrees not to build, construct, or create, nor permit others to build, construct, or
create any buildings or other structures on the Easement Property that may interfere with the
use of the Easement Property for the purposes set forth herein or with the normal operation or
maintenance of the Sidewalk.
Section 5. Except as expressly set forth herein, the Grantor reserves the right to
utilize the Easement Property for any purpose which does not interfere with the use of the
Easement Property by Grantee for the purposes set forth herein.
Section 6. 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 by this
Easement Agreement.
Section 7. The Easement Agreement 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 8. 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.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Sidewalk Easement Agreement to be executed as of the day and year first
above written.
-2-
Signed, scaled and delivered in the presence: GRANTOR:
DR. MARK T. MACHUGA,
PROFESSIONAL ASSOCIATION,
a Florida corporation
By _Print Name: Name:
Title:
Print Name: .
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
200 , by as of DR.
MARK T. MACHUGA, PROFESSIONAL ASSOCIATION, a Florida corporation. He/She is
personally known to me or I I has produced as identification.
WILINESS my hand and official seal in the County and State aforesaid this day of
200 .
Notary Public
Print Name
My Commission Expires:_
_3_
Signed, sealed and delivered in the presence: GRANTEE:
CITY OF OCOEE, a Florida municipal
corporation
Print Name:
By:
Name: S. Scott Vandergrift
Print Name: - _ Title: Mayor
Attest: - -
-
Name: Jean Grafton
Title: City Clerk
[Affix Seal]
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
TILE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON 200_
LEGALITY THIS DAY OF • UNDER AGENDA ITEM NO.
200 .
By:
Foley & Lardner
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200 , by S. Scott Vandergrift, as Mayor of the City of Ocoee. Ile is
has produced as identification.
U personally known to me or - -
WITNESS my hand and official seal in the County and State aforesaid this _- day of
200
Notary Public
Print Name
My Commission Expires:
Parcel 601 Sidewalk Easement
LEGAL DESCRIPTION
A portion of Lot 1 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 Southeast corner of said Lot 1, also being the intersection of the North Right of Way line
of Professional Parkway and the West Right of Way line of Boren Drive; thence S89'42'15"W 9.95 feet
along said North Right of Way line and the south line of Lot 1; thence N4434'31"E, 14.11 feet to a
point on the East line of said Lot 1 and said West Right of Way line; thence S00'17'08"E 10.00 feet
along said line to the POINT OF BEGINNING.
Containing 50 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).
Cate 492061
Legal Description April 22, 2002 CBvG =- •e- ==1+�,,
doe Na. Scale: Art}'r27
FOR
45727061 1" = 40 n��s an
Processional EngineeringA.IiStimm alC r
Consultants SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61017-6, Florida Admin;stralwe 324 North Orlando Avenue
Code requires that a legal description Moatond, Florida 3 2 7 51-4702
drawing bear the natation that (407) 547-8598 CERT. NO. LB2108
THIS IS NOT A SURVEY. a I: IntoGs hea a nsurveyin corn
Sheet 1 of 2 vie EL ilea Kuea •va. sxn
SKETCH OF DESCRIPTION
REW CIRCLE
-
WEST ORANGE COMMERCIAL CENTER
PLAT BOOK 25, PAGE 67 w Q
N E 1 /4 N W 1 /4 3
SECTION 29-22-28 00
f
Z 2
EAST LINE,
LOT 2etj LOT 1 LO1 1CD
• • �
rc-
Si
z 0O
O
MARK T. MACHUGA <• m fO
PARCEL ID NO. 29-22-28-9158-00-010 0
o 1.1
✓ co
z O
H N
601 SIDEWALK N44'34'31 nE i o 0
EASEMENT 14.11 ' o O
SOUTH LINE, U, —
LOT 1
.41
NORTH RIGHT OF WAY LINE S89'42'15'W
9.95' )
PROFESSIONAL PARKWAY
60.00' RIGHT OF WAY POINT OF
BEGINNING
SOUTHEAST CORNER
LOT 1
A69REVW1IONS. _—_ a:a....x fw.
R/W = RIGHT OF WAY f 7v �_. ,
EXIST.= EXISTING 4. 1 _1l .-`_2%_DAL.
WIII
Draw.ny No. 4527061 1 = 4fJ SOUTHEASTERN SURVEYING & MAPPING CORP.
Job No. 45727 GRAPHIC SCALE 324 North Orlando Avenue
Dote April 22. 2002 G6vG Maitland, Florida 3 27 51-470 2
Sheet 2 of 2 (407) 647-8898 far: (407) 647-1667
see sheet 1 for Legal Description 0 20 40 80