HomeMy WebLinkAboutV(E) Approval of Right-of-Way Utilization Agreement with The Ryland Group for Construction and Maintenance of a Retaining Wall Agenda 10-07-2003
C
enter of Good Lir„ Item V E
Mayor ,�,�e ' �, Commissioners
S. Scott Vandergrift . � Danny Howell, District 1
ScottCO
Anderson, District 2
City Manager ° - � m-, Rusty.Johnson, District 3
Jim Gleason •
Nancy J Parker, District 4
STAFF REPORT
DATE: September 29, 2003
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, AICP, Planning Manager
THROUGH: Russ Wagner, AICP, Community Development Director
SUBJECT: Right-of-Way Utilization Agreement for The Ryland Group
Westchester Subdivision
ISSUE:
Should the Mayor and City Commissioners approve a Right-of-Way Utilization Agreement with
The Ryland Group (Westchester developer) for the construction and maintenance of a retaining
wall within a portion of the Clarke Road right-of-way?
BACKGROUND:
During construction of the Westchester Subdivision on the east side of Clarke Road, at the
southeast corner of its intersection with Hackney Prairie Road, problems with grading have
created the need for a small retaining wall adjacent to the sidewalk just south of the intersection.
DISCUSSION:
Due to limited space, the small retaining wall needs to be constructed along the edge of the
Clarke Road right-of-way just south of the Hackney Prairie Road intersection. The attached
Right-of-Way Utilization Agreement allows for the construction and maintenance of the retaining
wall within a portion of the Clarke Road right-of-way by the homeowners association.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve the attached
Right-of-Way Utilization Agreement, allowing the Applicant to construct and maintain the
retaining wall described above within a portion of the Clarke Road right-of-way, and further,
authorize the Mayor and City Clerk to execute the agreement on behalf of the City.
Attachments: Copy of Right-of-Way Utilization Agreement
O:\Staff Reports\2003\SR03086 CC.doc
City of Ocoee• 150 N I...akeshore Drive•Ocoee. Florida 34761
phone: (407)905-3100• fax: (407)656-8504•wr-w.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
AFTER RECORDING RETURN TO:
City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive For Recording Purposes Only
Ocoee, Florida 34761
RIGHT-OF-WAY UTILIZATION AGREEMENT
THIS AGREEMENT made this/s/4 day of,3 rrr,�;v/°art. , 2003, by and
between the CITY OF OCOEE, FLORIDA, a Florida municipal corporation(hereinafter
referred to as "City"), and THE RYLAND GROUP, INC., a Maryland corporation
(hereinafter referred to as"Owner").
WITNESSETH:
WHEREAS, Owner presently owns certain real property located in the City of
Ocoee, Florida, on which it is developing a subdivision community known as
"Westchester", the legal description of which is recorded in Plat Book 51, Page 138, City
of Ocoee, Public Records of Orange County, Florida(the"Property");and
WHEREAS, Owner desires to construct an entrance wall and maintain
landscaping (collectively, the "Improvements") within a portion of the Clarke Road right-
of-way adjacent to the Property, the legal description of which is attached hereto as
Exhibit"A"and by this reference made a part hereof(the "Right-of-Way Property");and
WHEREAS, subject to the terms, conditions and limitations set forth herein, the
City wishes to allow Owner to construct and maintain the Improvements within the Right-
of-Way Property;and
WHEREAS, Owner understands that the City may, subject to the terms,
conditions and limitations set forth herein, remove the Improvements from the Right-of-
Way Property.
NOW, THEREFORE, in consideration of the terms and conditions set forth
herein,the parties agree as follows:
ORL1 REALEST1529695.2
006.305534.1 25162/0020 RTR kei 9/3/20031:19 PM
1. Recitals. The "Whereas" clauses set forth above are true and accurate
and are hereby incorporated herein.
2. Construction. Installation and Maintenance. The City hereby authorizes
and allows Owner to encroach into the Right-of-Way Property by the construction and
installation of the Improvements, said construction to be in accordance with plans and
specifications on file or to be on file with, and approved by,the City.
3. Removal of Improvements. In the event that the City decides to make
improvements upon the Right-of-Way Property or upon Clarke Road adjacent thereto,
then the City may, at its discretion, remove the Improvements within the Right-of-Way
Property at the City's expense or, in the event of an emergency, the City shall have the
right to remove the Improvements without notice to Owner and without any obligation or
liability to Owner for damage to the Improvements;provided, however, that to the extent
practical the City shall seek to inform the Owner of the emergency situation. In either
event, the City shall have no obligation to relocate, restore or reconstruct the
Improvements.
4. Indemnification. To the fullest extent permitted by law, Owner hereby
indemnifies and agrees to hold harmless the City, its officers, agents and employees, from
and against all claims, damages, losses and expenses, including reasonable attorneys' fees,
arising out of or resulting from the construction, location, and maintenance of the
Improvements within the Right-of-Way Property.
5. Insurance. Owner shall procure and maintain during the term of this
Agreement, at Owner's sole cost, comprehensive broad form general liability insurance
against claims and liability for personal injury, death,and property damage arising from the
use, occupancy, condition, or encroachment by Owner within the Right-of-Way Property,
with insurers acceptable to the City, with minimum limits of$500,000 per occurrence, and
endorsed to name the City as an additional insured to the extent of the City's interests
arising from this Agreement. The insurance required of Owner shall be considered
primary, and any insurance of the City shall be considered excess. Owner shall furnish the
City with a certificate of insurance which provides that the City will be notified at least
thirty (30) days in advance of cancellation, non-renewal or adverse change. New
certificates of insurance are to be provided to the City at least fifteen (15) days prior to
coverage renewals. If requested by the City, Owner shall furnish complete copies of
Owner's insurance policies, forms and endorsement.
6. Assignment. Following construction of the Improvements, Owner shall
have the right to assign its maintenance responsibilities of the Improvements to
WESTCHESTER HOMEOWNERS' ASSOCIATION, INC. OF OCOEE, a Florida not
for profit corporation(the"Association").
7. Attorneys' Fees. In the event it becomes necessary for the City to enforce
its rights under this Agreement, it is agreed that the City shall be entitled to recover its
ORL1 REALEST1529e95.2 2
006.305534.1 25182/0020 MR194W3/20031:19 PM
reasonable attorneys' fees and costs incurred in connection with any such enforcement
action.
8. Amendments. This Agreement may be amended only by the mutual written
consent of City and Owner (or the Association pursuant to Section 6 above) which
amendment shall become effective upon recording in the Public Records of Orange
County, Florida.
9. Binding Effect. This Agreement shall inure to the benefit of and be binding
upon the respective heirs, personal representatives, successors and assigns of the parties
hcrrcto.
IN WITNESS WHEREOF, the parties have set their hands and seals hereto on
the day and year first above written.
(Signatures on Following Pages)
ORLIIREALES71529695.2 3
006.305534.1 25182/0020 RUR kej 9/3/20031:19 PM
IN WITNESS WHEREOF,the parties have set their hands and seals
hereto on the day and year first above written.
Signed, sealed and delivered "OWNER"
in the presence of
THE RYLAND GROUP,INC.,
a Maryland corporation
//) By: Art4,,—.416
t7Nicholson
Print Name: �(•c,.s 4/k_ Opera ional Vice President
1./X01.1 A Lail
Print Name: L L(v0f it-1/YPr i&" (SEAL)
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to take acknowledgements, personally appeared LARRY
T. NICHOLSON, as Operational Vice President of The Ryland Group, Inc., a Maryland
corporation„ who p(] is personally known to me or [] produced as
identification, and that he/she acknowledged executing the foregoing instrument for the
purposes and uses therein described.
WITNESS my hand and official seal in the County and State last aforesaid this
/.Srl day of Sime n , 2003.
•
Signature otary
o��oan�.lamas
�. a',G� 4 • le
• Sonde 6100) Name of Notary(Typed,Printed or stamped)
Flexes.
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
ORL11REALESTl529895.2 4
006.305534.1 25182/0020 RIR kej 9/3/2003 1:19 PM
WITNESSES: "CITY"
CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
Print Name: Attest:
Jean Grafton, City Clerk
(SEAL)
Print Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
,2003.
APPROVED BY THE OCOEE CITY
FOLEY& LARDNER COMMISSION AT A MEETING
HELD ON ,2003
By: UNDER AGENDA ITEM NO.
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to take acknowledgments, personally appeared
and well known to me to
be the Mayor and City Clerk, respectively, of the CITY OF OCOEE,a Florida municipal
corporation, and that they severally acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority duly vested in them by
said municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2003.
Signature of Notary
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
ORL1 RE/LLE8fl529695.2 G
006.305534.1 2516210020 R7R kej 9!312003 1:19 PM •7
PAGE /OF 2 EXHIBIT "A"
SEE PAGE 2 FOR LEGAL DESCRIPTION
1
I
I
HACKNEY PRAIRIE ROAD
' NORTH UNE SOUTH 1/2 60'RIGHT-OF-WAY
SOUTHEAST 1/4 0 OR 4968, PAGE 3396
I SEC 4-22-28 ►�
, POC 50,.07.52.E 1.82' ,SOUTH R/W UNE
( ••••••• ••• • ••••••• • = 11=11••= 0.1 .• • • •• •• ••=•1
NORTHEAST CORNER - -
1 04 TRACT D a
' ;i111111111:11"
TRACT D
BUFFER/LANDSCAPE t
/0'LANDSCAPE/WALL/
m14 BUFFER EASEMENT
W I hA
N ,
1 •• -- -50D0' POINT OF CURVE TABLE
I
,PC BEGINNING LOT II
NORTHEAST CURVE RADIUS ARC LENGTH DELTA
r-elCORNER OF CI 50A0' 66.42' 76.06'54'
0 . i TRACT 0
O it. Lu 4 1` I WESTCHESTER
Q c� PLAT BOOK 5/.PAGES 138-140
`/10
' v LEGEND
1W
1 30 0 0 p DELTA • CENTRAL ANGLE
PC • POINT OF CURVATURE
�` 0 W p \
1 P.L.S.-PROFESSIONAL LAND SURVEYOR
Z k W POC - POINT ON CURVE
CO 1 c 14.. R/W - RIGHT OF WAY
k.
b I-- J SEC.- SECTION •
ti I � m 0 • CHANGE IN DIRECTION
I BEARING STRUCTURE BASED ON THE WEST UNE
OF TRACT D, WESTCHESTER, PLAT BOOK 5/,
I PAGES 138-140 AS BEING SOTIO'07"W.
' NOTE:
I THIS SKETCH AND LEGAL WAS PREPARED
SEP 1 5 2003 N88'49'5371 2.38' WITHOUT THE BENEFIT OF A TITLE OPINION.
DO NOT USE FOR REAL ESTATE TRANSACTIONS.
n SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
0
J I HEREBY CERTIFY THAT THIS SKETCH of CERTIFICATE OF AUTHORIZATION NO. LB 1221 ORANGE COUNTY FLORIDA
N 'MINIMUM TECHNICAL STANDARDS'AS REOUIIRED
0 BY CHAPTER 61617.6 FAC.
tilIWYE
;.6RIGHT OF WAY
N i� ' ;�1 G��N UTILIZATION
Pe) S DRA V.BAILEY Pts &ASSOCIATES, INCORPORATED EASEMENT
0 LICENSE NUMBER 4972 ENOINIIr NQ• MANNINO• SU VEVINEN4
O • VIIIONElENT
ANS�v VALID
WITHOUT rLORIDi r eNs DD SURVEYURE MD OHE ORIGNIL
R MD liA0Pflt 520 SOUTH MAGNOLIA AVENUE
46 ORLANDO, FLORIDA 32801
N- (407) 843-5120
\ SEPT /2.03 NAC PLO2SK9.00I
PLO2SK9.PTS
PLO2SK9.DOC
PAGE 2 OF 2
SEE PAGE /FOR SKETCH
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28
EAST, CITY OF OCOEE, FOLLOWS:COUNTY, FLORIDA, BEING MORE
PARTICULARLY ARTICULARLY DESCRIBED AS
BEGINNING AT THE NORTHEAST CORNER OF TRACT 0, WESTCHESTER, AS
ti RECORDED IN PLAT BOOK 51 , PAGES 138 — 140, PUBLIC RECORDS OF
Di
ORANGE COUNTY, FLORIDA, RUN S01 ° 10' 07"W, ALONG THE EAST LINE OF
SAID TRACT 0 ( EAST LINE OF CLARK ROAD ) , A DISTANCE OF 122. 09
FEET; THENCE DEPARTING SAID EAST LINE, RUN N88° 49' 53"W, A
DISTANCE OF 2. 38 FEET; THENCE N01 ° 17' 08"E, A DISTANCE OF 112. 26
FEET TO THE POINT OF CURVATURE, OF A CURVE CONCAVE SOUTHEASTERLY,
HAVING A CENTRAL ANGLE OF 76° 06' 54 " A RADIUS OF 50. 00 FEET;
THENCE RUN NORTHEASTERLY ALONG THE ARC OF THE CURVE, A DISTANCE
gOF 66. 42 FEET; THENCE DEPARTING SAID CURVE, RUN 500°07' 52"E, A
DISTANCE OF 1 . 82 FEET TO THE NORTHWEST CORNER OF TRACT D OF SAID
WESTCHESTER PLAT, SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY
LINE OF HACKNEY PRAIRIE ROAD, AS RECORDED IN BOOK 4968, PAGE
3369, OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, ALSO BEING ON
,02 THE EASTERLY RIGHT OF WAY LINE OF CLARKE ROAD AS RECORDED IN BOOK
m 5076, PAGE 4514, OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA;
THENCE S45° 31 ' 08"W, ALONG THE SAID RIGHT OF WAY LINE, A DISTANCE
o OF 51 . 49 FEET TO THE POINT OF BEGINNING.
CONTAINING 0. 014 ACRES MORE OR LESS.
4 SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
ORANGE COUNTY FLORIDA
TSEP 1 5 2r, �'���'�I', RIGHT OF WAY
LE TO
&AssocG s , INcotr;roNN UTILIZATION
TED
EASEMENT
ENGIMEEMIMG • PLANNING • IYIIVEVING • ENVIIIDNMENIAI
320 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
N (407) 843-5120
SEPT /2.03 NAC PLO2SK9.001
PLO2SK9.PTS
PLO2SK9.DOC
PP 'i
Nut.onw;dc
CERTIFICATE OF INSURANCE
The Insurance Company indicated below certifies that the insurance afforded by the policy
numbered and described below is in force as the effective date of this certificate. This
Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions
of Insurance coverage contained in any policy or policies numbered and described below.
Certificate Holder's Name and Address; Insured's Name and Address:
CITY OF OCOEE WESTCHESTER HOMEOWNERS
150 NORTH LAKESHORE DRIVE ASSOCIATION, INC OF OCOEE
OCOEE, FLA 34761 CIO RYLAND HOMES
ADDITIONAL INSURED 605 EAST ROBINSON STREET STE 750
ORLANDO, FLA 32801
I POLICY I POLICY I
1 POLICY NUMBER AND IEFFECTIVE I EXPIRATIONI LIMITS OF LIABILITY
TYPE OF INSURANCE ISSUING COMPANY 1 DATE I DATE I (•Limits at Incepticn)
GENERAL LIABILITY I
(X1 Premises - Operations STNOER 277310 9-9-03 General Liab agg 52,000.000
(X) Products - Completed Operations I Pr. Comp. Op. Agg` $1,000,000
(X) Personal i Ad�vettisan In uc Each Occurrence $1,000,000
(X1 MedicalrExpense g y Any One Person/Org. $1,000,000
p Any One Person S 5,000
(X) fire Damage Legal i Any One fire S 50,000
( 1 Other Liability
( 1 GARAGE LIABILITY-PREMISESI iEach Accident
X EMPLOYEE DISHONESTY I' 1 ) IAggregate• 5 25,000
AUTOMOBILE LIABILITY 0
( 1 BUSINESS AUTO Bodily Injury
f 1 GARAGE (Each Person)
( 1 Owned (Each Accident)
( ) Hired
( ) Non-Owned Property Damage
(Each Accident)
Combined Single
(Fill-in Either Combined (Limit
Single Limits or Split Limits 1
EXCESS LIABILITY I
lEach Occurrence
( � umbrella Form IA9Qregate•
Workers Compensation 1 Statutory Limits
and (Bodily Injury Ea. Accident
1.b.y Accident
• (Bodily Injury Ea. Employee
[ ) Employers' Liability Iby Disease
Icodiiy Injury . Policy Limit
Insurance in force only for hazards indicated by X.
Description of Operations/Locations/Vehicles/Restrictions/special Item
COVERS COMMON AREAS
Effective Date of Certificate: 9 SEPT 2003Autharieed Representative: ED JONES 1102-09
Date Certificate Issued: 9 SEPT 2003 Countersigned at: CASEELBERRY, FL. 32707
•
•
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