HomeMy WebLinkAboutV(B) Approval and Authorization of Permanent Wall Easement Agreement and a Temporary Construction Easement Agreement from Joseph A. Shirer, Jr., for the Reconstruction of the Sawmill Wall Agenda 6-02-2004
Mayor . Centel of Good Lt` Commissioners
B
S. Scott Vandergrift ,.,�C'�-..�,� Danny Howell,District 1
Aria:A Scott Anderson, District 2
Acting City Manager Rusty Johnson, District 3
V. Eugene Williford, III Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Robert B. Zaitooni, P.E., Deputy Director Public Works
DATE: June 1, 2004
RE: Sawmill Wall Easements
ISSUE:
Should the Honorable Mayor and City Commissioners accept and enter into the records a
permanent wall easement and a temporary construction easement from Joseph A. Shirer, Jr.,
for the reconstruction of the Sawmill wall?
BACKGROUND AND DISCUSSION:
On April 20, 2004, the City Commission awarded the Sawmill wall reconstruction project to Price
Construction, Inc. In order to reconstruct the wall, it is necessary to acquire a permanent and a
temporary construction easement as described in the attached legal documents from Joseph A.
Shirer, Jr. who is the property owner at 5102 N. Apopka-Vineland Road, Orlando, Florida
32818.
The City Attorney has prepared the appropriate Easement Agreements, and the property owner
has executed the Agreements for acceptance and recording.
RECOMMENDATION:
Staff respectfully requests the Honorable Mayor and City Commission accept the Easement
Agreements; and authorize the Mayor and City Clerk to execute the Agreement for final
recording.
Department of Public Works.301 Maguire Road.Ocoee,FL 34761
Phone:(407)905-3170.Fax:(407)905-3176,WWW.C Locoeenus
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Scott A. Cookson,Esq.
FOLEY& LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made and entered
into this day of , 2004 by and between JOSEPH A. SHIRER, JR. whose
address is 5102 N. Apopka Vineland Road, Orlando, FL 32818 (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").
WITNESSETH:
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 "Construction Easement Area"); and
WHEREAS, Grantor is also the owner of that certain real property adjacent to the
Construction Easement Area as more particularly described in Exhibit "B" attached hereto and
incorporated herein by reference (the "Wall Easement Area"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey
to Grantee, a non-exclusive construction easement over, upon and across the Construction
Easement Area for the purposes stated herein; and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey
to Grantee a permanent easement over, upon and across the Wall Easement Area for the purposes
stated herein.
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. Recitals. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by this reference.
006.326495.2
Section 2. Temporary Construction Easement.
(a) Grant of Temporary Construction Easement. Grantor hereby
gives, grants, bargains, sells and coveys to Grantee a non-exclusive construction easement over,
upon and across the Construction Easement Area for the purposes hereinafter stated, all subject
to the terms, conditions and limitations set forth herein.
(b) Use of Construction Easement Property. Grantee's use of the
Construction Easement Area shall be for the purpose of Grantee, through itself, its agents,
contractors, consultants and employees performing such activities on the Construction Easement
Area as Grantee may deem reasonably necessary in connection with the design, engineering,
construction and installation of a decorative aluminum fence with concrete masonry posts and
related improvements within this Wall Easement Area(the "Improvements").
(c) Termination. The temporary construction easement over the
Construction Easement Area shall terminate upon the completion of the construction of the
Improvements as certified by the City of Ocoee, Florida.
Section 3. Permanent Wall Easement.
(a) Grant of Permanent Wall Easement. Grantor hereby gives,
grants, bargains, sells and conveys to Grantee a perpetual non-exclusive wall easement over and
across the Wall Easement Area for the purposes hereafter stated, all subject to the terms,
conditions and limitations set forth herein.
(b) Use of Permanent Easement. Grantee's use of the Wall
Easement Area shall be for the purpose of Grantee, through itself, its agents, contractors,
consultants and employees entering upon the Wall Easement Area and constructing the
Improvements within the Wall Easement Area. Upon construction of the Improvements, Grantee
shall, at its sole cost and expense maintain, repair and refurbish the Improvements as the Grantee
deems necessary and shall have the right to enter upon the Wall Easement Area for the purposes
of such maintenance, repair and refurbishment.
Section 4. Authority. Grantor hereby warrants and guarantees to Grantee that
Grantor has fee title to both the Construction Easement Area and the Wall Easement Area,
subject to easements, reservations, restrictions, and rights-of-way of record, if any, and the
Grantor has full power and authority to grant the easements described herein.
Section 5. Non-Exclusive Rights. All easements described herein are non-exclusive,
and Grantor reserves to itself, its successors and assigns, the non-exclusive right to use, pass and
repass over and upon both the Construction Easement Area and the Wall Easement Area. Each
party shall use the rights granted and reserved by this Agreement with due regard to the rights of
the other party to use and enjoy both the Construction Easement Area and the Wall Easement
Area.
Section 6. Restoration of the Easement Areas. Grantee shall, at its sole cost and
expense, restore any existing improvements on both the Construction Easement Area and the
Wall Easement Area that are damaged by Grantee incident to its construction, maintenance,
2
006.326495.2
repair and/or refurbishment of the Improvements to a condition which approximates as closely as
is reasonably practicable the condition of said existing improvements prior to being damaged by
Grantee.
Section 7. Indemnification. 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 both the Construction Easement Area and the Wall Easement Area or from the
exercise by the Grantee of any rights granted by this Agreement.
Section 8. Binding Effect. This 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 both the Construction Easement Area
and the Wall Easement Area.
Section 9. Modification. This 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 Agreement to be executed as of the day and year first above written.
[Signature Pages to Follow]
3
006.326495.2
GRANTOR:
Signed, sealed and delivered
in the presence of:
\ le icit-i- -i jcs(-/-1/`-i IL.
print Nam n i 51,oans9r) JOSEP . • . SHIRER,JR.
jib-44:U: H - . -
Print Name Chl= Shr2e I0yh/7(7Z
STATE OF /-2..e ; do---
COUNTY OF d)it
The foregoing instrument was acknowledged befre me this /q day of
, 200 `/, by JOSEPH A. SHIRER, JR. He/She is personally known to me
or❑ hs produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this /9
day of 1 hitit , 200 .
Cis
Notar}� u.thli r- -- - . �--2 ,
a4 . - ,,.- r' �--r-
Print Name °0" 0°°° 110
My Commission ... . ..
Amide • Mat..Ma
4
006.326495.2
GRANTEE:
ATTEST:
CITY OF OCOEE,FLORIDA
By:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON ,20_
LEGALITY this /91 day of UNDER AGENDA ITEM NO.
104— , 2004.
FOLEY& LARDNER LLP
By: AiL.��
Pis .4,7-, City .ttorn-
STATE OF FL A
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 S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing
the same 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 , 2004.
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):
5
006.326495.2
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that it is the holder of that certain Mortgage executed by Little
Woods Farm, Inc. recorded in Official Records Book 5112, Page 2104, Public Records of
Orange County, Florida and that said mortgage encumbers the property described in the
foregoing Easement Agreement executed by JOSEPH B. SHIRER, JR., as Grantor in favor of
the City of Ocoee (the "Easement"), that I hereby join in and consent to all of the conditions and
terms of the foregoing Easement and that this Joinder, Consent and Subordination shall bind all
of its successors, assigns, and representatives.
Signed, sealed and delivered
yco5LnJ1Y
ko,‘nature JOSEPH A. IRER,JR.
\nn►,- .�roson
Pri) Na e
4' nature.hlr/Shne OIL)" h'Y 2,
Print/Type Name
STATE OF .�i d-____.-
COUNTY OF it ii.i-e
I HEREBY CERTIFY that on this day, before me, an office duly authorized in
the State and County aforesaid to take acknowledgements, personally appeared JOSEPH A.
SHIRER, JR. who is personally known to me or [ ] produced as
identification, and tha he/she acknowledged executing the foregoing instrument for the purposes
and uses therein described. c�
WITNESS my hand and fficial seal in the County and State last aforesaid this/' ' may
of J , 200 7
Olio , :,,,. ,_..f....ii. r V)i._
Nota ' 1. ',1
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006.326495.2
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that it is the holder of that certain Mortgage in favor of
SunTrust Bank recorded in Official Records Book 6140, Page 842; as modified by that certain
Loan Modification Agreement recorded in Official Records Book 6491, Page 5997; as assigned
to SunTrust Mortgage, Inc., by that certain Assignment of Mortgage recorded in Official Records
Book 6491, Page 6000, Public Records of Orange County, Florida and that said mortgage
encumbers the property described in the foregoing Easement Agreement executed by JOSEPH
A. SHIRER, JR., as Grantor in favor of the City of Ocoee (the "Easement"), that it joins in and
consents to all of the conditions and terms of the foregoing Easement and that this Joinder,
Consent and Subordination shall bind all of its successors, assigns, and representatives.
Signed, sealed and delivered SUNTRUST MORTGAGE, INC.
in the presence of:
rift( kfLkC B . / I
Signature ame:
moil ,D r- 1 i. J Title: V(-/-41,�v.�c�c
Print/Ty*Name
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Signature
r,,1�J.t..Q
Print/Type Na e
STATE OF \
COLI -TY-OF �-�1 �. h v
I HEREBY CERTIFY that on this day, before me, an office duly authorized in
the State and Comityaforesaid to take acknowledgements, pers nally peared
1JA.;tVti as v:c.s�-I{ (�01 of
SUNTRUST MORTGAGE, INC., who [,.] 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 this5 'day
of ( NC,. .1 , 200 .
Notaryitabbild1) ''WA;04710,141)
Public V
tZtlath ;ntrnn)
Print Name
My Commission Expires: a13o17
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006.326495.2
Exhibit "A"
("Construction Easement Area")
TEMPORARY CONSTRUCTION EASEMENT
DESCRIPTION:
A portion of Section 3, Township 22 South, Range 28 East, Orange County, Florida, being more
particularly described as follows:
Commencing at the Northwest corner of Tract B, Sawmill Phase I as recorded in Plat Book 23, Pages
32 through 35 of the Public Records of Orange County, Florida, according to the plat thereof; thence
N 06'37'45" E, 4.02 feet to the POINT OF BEGINNING; thence continue N 06'37'45" E, 4.02 feet to a
point on a line 8.00 feet North and parallel with the North line of said Tract B; thence along said
parallel line S 89'45'05" E, 381.18 feet; thence departing said parallel line S 00'14'55" W, 4.00 feet to
o line 4.00 feet North and parallel with the North line of said Tract B; thence along said parallel line
N 89'45'05" W, 381.63 feet to the Point of Beginning.
Containing 1526 square feet, more or less.
SURVEYORS NOTES:
1. Bearings shown hereon are based on the North line of Tract B, Sawmill Phase I, per Plat Book 23,
Pages 32 through 35, Orange County, Florida, being S 89'45'05" E.
2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to
the best of my knowledge and belief as recently drawn under my direction and that it meets the
Minimum Technical Standards for Land Surveying CH. 61G17-6 requirements.
Sketch & Description Date: CERT. NO. L6210848377002
p February 9, 2004 -- -
FOR Job No.: Scale: L.-. • '-± t i
48377 Not to Scale -�' iiT-�T !, 'a W
City of Ocoee "i•1iiii ti1�
SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61G17-6, Florida Administrative 6500 All American Boulevard
Code requires that a legal description Orlando, Florida 32810-4350
drawing bear the notation that (407 292-8580 fax(407)292-0141
THIS IS NOT A SURVEY. email: info®soutste n urveyin corn
SHEET 1 OF 2 ARY B. ICK -
SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245
SKETCH OF DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
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POINT OF 3. PAGES 32 - 35
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Job No. 48377 (407)292-8560 fax(407)292-0141
Dote: 02/09/2004 Cert. No. LB-2108
SHEET 1 OF 2 email info@southeasternsurveying.com
See Sheet 1 for Description
Exhibit "B"
("Wall Easement Area")
PERMANANT WALL EASEMENT
DESCRIPTION:
A portion of Section 3, Township 22 South, Range 28 East, Orange County, Florida, being more
particularly described as follows:
Beginning at the Northwest corner of Tract B, Sawmill Phase I according to the plat thereof as
recorded in Plat Book 23, Pages 32 through 35 of the Public Records of Orange County, Florida said
point also being on the Easterly right–of–way of Seaboard Coast Line Railroad as shown on said plat;
thence N 06'37'45" E, 4.02 feet along said Easterly right–of–way to a point 4.00 feet North and
parallel with the North line of said Tract B; thence along said parallel line S 89'45'05" E, 381.63 feet;
thence departing said parallel line S 00'14'55" W, 4.00 feet to a point on the North line of said Tract
B; thence along said North line N 89.45'05" W, 382.07 feet to the Point of Beginning.
Containing 1527 square feet, more or less.
SURVEYORS NOTES:
1. Bearings shown hereon are based on the North line of Tract B, Sawmill Phase I, per Plat Book 23,
Pages 32 through 35, Orange County, Florida, being S 89'45'05" E.
2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to
the best of my knowledge and belief as recently drawn under my direction and that it meets the
Minimum Technical Standards for Land Surveying CH. 61G17-6 requirements.
Date: CERT. N0. LB2108 48377003
Sketch & Description February 9, 2004 ---_: --
FOR Job No.: Scale: I a I
48377 Not to Scale - ' pg ; -,, ,s,����
City of Ocoee "''Ar—AIMtown "����
SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61G17-6, Florida Administrative 6500 All American Boulevard
Code requires that a legal description Orlando, Florida 32810-4350
drawing bear the notation that (407 292-8580 fax(407)292-0141
THIS IS NOT A SURVEY. email: info®soutste n urveyin corn
SHEET 1 OF 2
ARY B. ICK
SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245
SKETCH OF DESCRIPTION
PERMANANT WALL EASEMENT
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Job No. 48377 Orlando, Florida 32810-4350
Dote: 02/09/2004 (407)292-8580 fax(407)292-0141
SHEET 1 OF 2 Cert. No. 12-2108
See Sheet 1 for Description email:info®southeasternsurveying.com