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HomeMy WebLinkAbout2007-002 Easements over West Orange Trail RESOLUTION NO. 2007-002 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ACCEPTING FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA CERTAIN NON-EXCLUSIVE EASEMENTS OVER AND ACROSS A PORTION OF THE WEST ORANGE TRAIL FOR UTILITY LINE CROSSING, PEDESTRIAN ACCESS, AND STORMWATER PIPE PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to obtain easements for utility line crossing, pedestrian access and stormwater pipe purposes over and across portions of the West Orange Trail; and WHEREAS, the Board of Trustees of the Internal Trust Fund of the State of Florida (the "State") has agreed to grant easements over and across portions of the West Orange Trail in accordance with Easement Agreement No. 31531, a copy of which is attached hereto as Exhibit "A" (the "Easement Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Acceptance of Easement. The City Commission of the City of Ocoee hereby approves the Easement Agreement and accepts the grant of easements from the State as set forth in the Easement Agreement. ORLA_ 439010.1 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 2CJt\ day of MaY"ch , 2007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA S~U (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM ~ f'"4- _ NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS ~nAND LEGALITY this ~ day of 2007. ::LEY r;~~ City Attorney ORLA_ 439010.1 -2- EXHIBIT" A" (The "Easement Aereement") {SEE A1TACHED SHEETSl ORLA_ 439010.1 -~ >' CAE 1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT . TRUST FUND OF THE STATE OF FLORIDA EASEMENT .~ Easement Number 31531 THIS EASEMENT, made and entered into this _ day of 20_, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida statutes, hereinafter referred. to as "GRANTOR", and CITY OF OCOEE, FLORID)>. hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by state of Florida Department of Environmental Protection, Office of Greenways and Trails, under Lease Number 4258; and WHEREAS, GRANTEE desires an easement across the hereinafter described real prOPerty for installation and maintenance of a utility line crossing, pedestrian access and a storm water pipe; and WHEREAS, the managing agency has agreed to the proposed use of this land under this instrument. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant, a non-exclusive easement unto GRANTEE over and across the following described real property in Orange County, Florida, to-wit: (See Exhibit "A" Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AOTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Enviro~ntal Protection. 2. ~: The term of this easement shall be for a period of fifty years commencing on and ending on with no option for renewal, unless sooner terminated pursuant to the provisions of this easement. 3. USE OF PROPERTY.AND UNDUE WASTE: This easement shall be lind ted to the installation and maintenance of a utility line crossing, pedestrian access, a.nd a storm water pipe. upon and across the property described in Exhibit "A" during the term of this easement. This easement shall be non-exclusive. GRANTOR, retains the right to engage in any activities on, over, a=oss or below the easement area which do not unreasonably interfere with GRANTEE'S .. exercise of this easement and further retains the right to grant compatible uses to third parties during the tel:lll of this easement. GRANTEE shall dispose of, to the satisfaction of GRANToR, all brush and refuse resulting from the clearing of the land for the uses,authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the 'sale of such timber shall ac=ue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation Of the real property described in Exhibit "A" during. the tel:lll of this easement. GRANTEE shall not remove watel." from any source on this easement inCluding, but' not limited to, a watercourse, reservoir, spring ,or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick uP all debris including, but not limited to, containers, papers, discarded tools' and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents produced or used in GRANTEE'S operations,' on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which is a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over whioh this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this' easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 4. ASSIGNMEN'l': This easement shall not ,be assigned in whole or in part without'the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. 5. RIGHT OF INSPECTION: GRANToR or its duly authorized agents, representatives or employees shall have the right at any and all times to Page 2 of13 Easement No, 31531 R/02i2004 inspect this easement and the works of GRANTEE. iri any matter pertaining to this easement. 6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual. because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement. 7. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida statutes, as amended from time to time, or any other law providing limitations on claims. 8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable parmi. ts and complying with all applicable permits, regulations, ordinances, rules~ and laws of the State of Florida or the United states.or of any political Subdivision or agency of either. 9. ARCHAEOLOGICAL .AND HISTORIC SITES: Execution of this easement in no way affects any of the parties 'obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Depal;"tment of State, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee ti tie to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to =eate a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit ~A" or against any interest of GRANTOR therein. 11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any Page 3 of 13 Easement No. 31531 R/02/2004 lake, river, stream, =eek, bay, estuary, or other water body or the waters or the air space thereabove. 13. ENTIRE UNDERSTJlNDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior wri tten approval of GRANTOR. 14. ~: Time is expressly declared to be of the essence of this eas8men.t. 15. RIGHT OF AIlDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have .the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated bY GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials 'made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and. shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and,all drainage and special assessments or taxes of every kind'and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising ~ut of the implementation of this clause shall. be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. ie. RECORDING OF EASEMENT: The GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. Page40fU Easement No. 31531 Rl02l2004 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this eas~t are for reference purposes only and are in no way intended to des=ibe, interpret, define or limit the scope, extent or i.ntent of this easement or any provisions thereof. Page 5 of 13 Easement No.3 I 53 I R/02/2004 IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. BOARD OF .TRIJSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) Wi.tness GLORIA C. BARSER, OPERATIONS AND MANAGEMENT CONSULTANT Print/Type Witness Name MANAGER, BOREAU OF PUBLIC LAND ADMINISTRAT.ION, DIVISION OF STATE LANDS, DEPARTMENT OF Wi tness ENVIRONMENTAL PROTECTION Print/Type Witness Name "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20_, by Gloria C. Barber, Operations and Man"gement Consultant Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department of Environmental Protection, acting as an agent on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public,. state of Florida Print/Type Notary Name COmmission Nll1lIber: COmmission Expires: Approved as to Form and Legali ty By: DEP Attorney Page 6of13 Easement No. 31531 RI02I.Z004 CITY OF OCOEE, FLORIDA By: Witness Print/Type Name Print/Type Name Witness Title: Print/Type Name "GRANTEE" STATE OF FLORIDA COUNTY OF The foregoing. instrument was acknowledged before me this._ day of 20_, by , as on behalf of the City of Ocoee, Florida. He/she is personally known to me. Notary Public,. State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 7 of 13 Easement No. 31531 R102/Z004 , S'kETCH . OF DESCRIPTION SHEET 1 OF 2. s LEGAL DESCRIPTION ( Pedestrian Easement):. A parcel of land lying in Section 5, Township 22 South, Range 28 East, Orange County, . Florida. Being ma~e particulo.rlydescril:ied as follows: COMMENCE at the Northeast corner of the Northeast 1/4 of aforesaid Section 5; thence run North 85'3~"19" West along the North line of said North.east 1/4 for 0 distance of 1332.31 feet to the Northwest corner of the Northeast 1/4 of said Northeast 1/4 of Section 5; thence deporting said North line run South 02'01";2" West along.. the.West line of said Northeast .'/4 of the Northeast 1/4 of Section 5 for 0 distance of 36.88 feet to the point POINT OF BEGINNING, also .being the point of intersection of the Southerly right-of-way. line of Ingram Rood per Official Records Book 3598, Page 1221 and ~heEasterly right-of-way line of West Orange Rails to Trails per . Official Records Book 5164, Page 1642 of the. Public RecorQs of aforesaid Orange County, Florida; thence. deporting said. Southerly.right:-af-way line run South 02'0'"12" West along said West'line a.lsa being said Easterly right-or-way line for 0 distance of 4.17 .feet; thence ,departing said West line and said Easterly right-of-way line run South.. 75'40"32" West for a distance of 34.19 feet; thence run North 1:4'19"28" West for 0 distanceof14:00fe.et; thence run North 75'40"32" East for 0 distance of 31.76 feet to 0 point on aforeSlaidSoutherly. right-of-way line of Ingram. Rood, also being 0 point on a non tangent curve concave Northeasterly and having 0 radius of 150.00 feet; thence from 0 tangent bearing of South 32'04' 41" East run Southeasterly along said Southerly right-of-way' line through 0 central'. angle of 4'03"37" for on ore distance of 10.63 feet to aforesaid POINT. OF BEGINNING. . Contains 0.011 acres more' or less. SURVEYOR'S NOTES: . I nUs IS NOT A SURVEY. .. . . . ,'I.\\~,\lH fUll/rftl1 . . . ~ L'l.\IlS ?,.~......' tHIS SKETCH IS NOTVAUQ WItHOUT tH~ SIGNATURE ANO ORIGINAL RAISED SE~~UE~ ~D" ,.:.......<l-"ED~ SURVEYOR AND. MAPPER. . . ~ . <'. .' , '. .,.. .-:, BEARINGS SHOMl HEREON ARE BASED ON tHE NORtHUNE OF tHENOR~~T,l{;.~'i'r1tI~~.(t,.> .~ : 1/4.OF. SEClION5-22-28 AS 8EING AN ASSUMED BEARING. OFS 85'35'lg:#. ::.., - .S~:.3- ". f< ~ JOB NO 24033 CALCULA~D. BY' JUl .Fl1fI.?E ue. ~. BUS'j:'ESS ~ 6~j BY: -;'. S A. I t. Q : I. ~ ~'~ -,t- \':).~...."$.~ ~r:~"'.' ". ....."'.....~\....,.... "'~':- . ~ ,llI(r:I ~.s..~, 5633 till I- l.\ ~.\.\ '';' skI DATE: . 9-4-0~ . DRAWN BY: p~ SCAlE' . I" - 20 FEET CHECKED BY' JUl FIELD BY: N/A. Exhibit A PageS of 13 Easement No. 31531 SKETCH OF DESCRIPTION 'SHEET 2 OF' 2 PEDESTRIAN' EASEMENT ~,-~-~,) \ ~~RE g,~~~~~~:?if, \ ~ \ ~ r \ '" ';i, \ . - \. 1332.31' NORlH LINE OF lHE 7 '\ NORlHEAST 1/4 OF ' ~ NORlHEAST 1/4 OF " , SECnON~-22-28 , , \ '" , ~ ' \ NORlHERLY.RIGHT-OI'-WAY , ~ UNE OF INGRAIl ROAD V. PER 0.R.3598. PG.1221 .. NORTHWEST CORNER OF lHE NORlHEAsT 1/4 OF \ NORlHEAST 1/4 OF SECnON 5-22-28 POINT OF , COMMENCEMENT NORlHEAST CORNER OF NORTHEAST 1/4 01' SECnON 5-22-28 \ \ \ , N 8~'J5'i9' W ~ ~ \ ~ ~' ~"" '\ 'N ... :!! V1 c:i ...J n. ;;: : a:: V1 ~ ~~~ '-" <( 0: ~~ Ie ~O i I- I I- i!l V1 I ~, I 'b on 6'0_ -!7Cl ~ ~ "- POINT OF." . O....<q,Q BEGINNING~ %r~-1. POiNT OF IHTERSECnON 01' r ~ SOUlHERLY RIGHT-OF-WAY ~...'1!O. ' LINE INGRAM ROAD . r ' "" EASTERLY RIGHT-OF - WA Y f7l D . '0 . \ 'LINE, WEST. ORANGE RAILS TO TRAILS ('" '1"s.' ,\ ' ~ ~ '~e"." " "% ~ ~' i ' : wtST LINE Ol"TH~ ~NORTHEAST 1/4 OF , NORlHEAST 1/4 OF I SECnON 5-,22- 28 f EASTERLY RIGHT-OF-WAY I--:----' 50' RIGHT-OF-WAY I , . "PER 0'R'.5IS', PG.1S42 LINE TABLE LENGTH 4.17' 419' 14.00' 31. 76' UNE L1 L2 L3 L4 BEARING 50Z'01'1Z"W 575'40'3 "w N14'19'2B"W N75'40'32"E TANGENT BEARING 5 32'04'41 E THIS IS NOT A SURVEY: @l DENOTES ~ANGE IN DIRECnON RLW DENOTES RIGHT-OF-WAY It DENOTES CENTERLINE P,c. ,DENOTES POINT OF CURVATURE P. r; DENOTES POINT OF TANGENCY P .R.C. DENOTES POINT of' REVERSE CURVATURE P.C.C; DENOTES POINT OF COI.4P.OUND CURVATURE sk1 JOB NO 24033 CALCULATED 8Y: .JLR DATI" 9-4-05 DRAWN BY' 'P-'l SCAl r. 1" . .20' FEET , CHECKED BY' JLR FIELD. BY: N/A Exhibit A Page 9 of 13 Easement No. 31531 .' SKETCH SHEET 1 OF 2 OF DESCRIPTION LEGAL DESCRIPTION -( Drainage Easement ): A parcel of iand lying in Section 5; Township 22 South, ~ange 28 East, Orange County, Florida. Being more particularly described c;lS follows: COMMENCE at the Northeast corner of the Northeast" 1/4 of aforesaid Section 5: thence run North 85'35"19" West along the North line of said Northeast 1/4 for 0 distance of 1332.31 feet . to the Northwest corner of the Northeast 1/4 of said Northeast 1/4 of .Section 5; thence' deporting Said North lirJe run South. 02'01"12" West along the West line of said Northeast 1/4 . of the Northeast 1/4 of Section 5 ' for 0 distance of 36.88 feet to the point of intersection of the Southerly right-'of-way line of Ingram Rood per Official Records Book 3598, Poge 1221 and the Easterly right-of-way line of West Orange Roils to Trails per Official Records Book 5164, Page 1642 of the Public Records of aforesaid Orange County, Florida, also being 0 point on 0 nan'tangent curve compound Northeasterly and having a. radius of 150.00 feet; thence from 0 tangent bearing of South 36'08'18:' East' run Southeasterly along said Southerly right-of-way and said, curve through a central angle of 10'16'16" for on arc distance of 26.B9 feet to 0 point of tangency; thence continuing along said Southerly right-of-way line run South 46'24'33" East for 0 distance 'of 1535.96 'feet; thence r'un South 48~S2'49" West for 0 distance of S.41 feet to ,a point on a non tangent curve concave Southwesterly and having 0 radius of 466.00 feet; thence from 0 tangent bearing of South 41'07'11" East run , . Southeasterly,along said Sauth~rly right-of-way line through 0 central angle of 17'01'17" for on arc distance of 138.44 feet to 0 point on the Northerly line of on Orange County, Florida parcel of land per Official Records Book 45'56, Page 510.of aforesaid Public Records of cifore:said ,Orange County, F1odda, also being 0 point on 0 non tangent curve concave Southeasterly and having 0 radius of 1701.20 feet; thence from 0 tangent bearing of .Sauth 59'40' 44" West run Southwesterly along said. curve. through 0 central angle of'1'19'39" for on .arc distance of 39.41 feet; thence continuing along said Northerly line run South 73'32'07" West far 0 9istance of 100.71' feet to the POINT' OF BEGINNING; thence deporting said Northerly line run South 00'05'36" East for a distance of 44.00 feet; thence run South 89'54'24" West for 0 distance of 15.00 feet; thence nm North ,OO'OS'36" West for 0 distance of 39.59 feet; thence run North 73'32'07" East for 0 distance of 15.63 feet to oforesaic! POINT OF BEGINNING. Contains 0.014 acres more or less. SURVEYOR'S NOTES: THIS IS NOT A SURVEY.' ,_ \\\lll II 1111 It,<( THIS SKETCH IS NOT VAUO MlHOUT lHE .SlGN~UURE ANO ORIGINAl. RAlSEOSEAt. ~~\h....~~~'''' SURVEYOR AND MAPPER. ' . . ," .:$' ,<t.,.":.......ot-,..f\..~,..,.;." ..,~ BEARINGS SHOWN HEREON ARE BASED ON lHE NORlH liNE OF lHE,NORlHEAs18/.('llfI'n.a.-r~~l-'.,v '=";. 1/4 OF' SECTION 5-22-28 AS BEiNG AN ASSUUED B~ING OF S 85"35"'9;' ;;: ,,~.... <.,.(..'"nf'" .A;... , ~ -a . . ..... ......... - JOB NO 24033 CAlCULA'IEO -BY, ..ul OA1>'- 9-4-05 ORA""'" BY' P.IR . SCALE: I" .~O fUT CHECKED BY: oLR. FIELD BY: N/A Exhibit A Page 10 of 13 Easement No. 31531 .~ SKETCH OF DESCRIPTION SHEET 2 OF 2 DRAINAGE EASEMENT ~ST LINE Of THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 Of SEC.nON 5-22-28 SOUTHERL'Y: RlGHT-Of-WA'Y: UHE Of IHGRAI.f ROAD PER O.R.359B, PG.I221 I') ...J :J L2 N ~S'19" W NORTH U: ~Ej . NORTHEAST 1/4 Of SECnoN 5-22-28 I . ' ,POINT OF INTERSECnON OF THE. ~i:.~~JRi~':C:iR-~;.~~~8,U~L<f21 /, ANI> THE EASTERL'Y: RIGHT-QF-WA'Y: q,.." LINE Of ~ST ORANGE'RAlLS TO TRAILS ...~ PER O.R.5164. Pc. 1642' -1~ ..pO .1'.... ,'10 . J.,. ~... U'". .J...... '84" (' R-466.00' L-138..44' A -17'01'iT T.B.-S 41'07',," E. "- NORTHERL'Y: UNE Or ORANGE COUNTY PARCEL PER O.R.-4556, PG.S1D POINT OF BEGINNING LINE L1 L2 L3 L4 ' ,THIS .IS NOT A SURVEY: JOB NO 24033 CALCULATED BY' .LIt DATE' 9-4-0S DRAWN 9Y' PoR SCALE: I" - 20'FEET CHECKED BY' .LIt FIELD BY' N/A Exhibit A Page 11 of13 Easement No. 31531 I , 1332.31' - - POINT OF COMMENc-:::-J NORTHEAST CORNER OF NORTHEAST 1/4 Of SEcnON S-22~28 ~, @ DENOTES CHANGE IN DIREcnON RJW DENOTES RIGHT';'OF,.WAY If. DENOTES CENTERUNE P,e. DENOTES POINT Of CURVAlURE P.T. DENOTES POINT Of TANGENCY P.R.C., DENOTES POINT Of REVERSE CURVAlURE . DENOTES CHANGE IN DIREcnON, NO CORNER SET sk2 .' " SKETCH of DESCRIPTION SHEET 1 OF 2 LEGAL DESCRIPTION ( Utility Easement ): A peircel Of land lying in Section. 5. Township 22 South, Range 28 East, Orange County, Florida. Being more particularly described as follaws:.. COMMENCE. at the Northeast corner of the' Northeast 1/4: af afare~aid Section 5: thence run North 85'35"19" West alang the North line of said Northeast 1/4 for a distance of 1332.31 feet to the Northwest Corner of the Northeast 1/4 of said Northeast .1/4 of Section 5; thence deporting' said North line run South 02'01"12" West. along the West line of said Northeast 1/4 of the Northeast 1/4 of Secti.on 5 for a distance of 36.88 feet to the point of intersection of the Southerly right-of-way line of Ingram Road per . Official Records S'ook 3598, Page 1221 and the Easterly right-of-way line of West Orange Rails to Trails per Official Recorc:ls Book 5164, Page 1642 of the Public Records of aforesaid Orange County, Florida, a.lso .being a point on 0 non tangent curve compound Northeasterly and having a radius of 150.00 feet; thence from a.- tangent bearing of South 36'08'18" East run Southeasterly oIong said Southerly right-of-way and said curve through a central angle of 10'16'16" for on arc distance of 26.89 feetlo .a point of tangency; thence continuing along .said Southerly tight-of-way line run South 46'Z4'33" East 'for o distance of 1535.96. feet; thence run South.48'5Z'49~ West for 0 distance af 5.41 feet'to 0 point on a rion.,tangent .curve concave Southwesterly and having a. radius of 466.00 feet; thence from a tangent bearing of South 41'07'11" East run Southeasterly along seiid Southerly right-of-way line through a' central angle of 17'01'17" for a'n ore distance .of 138.44 feet to 0 point on the Northerly line of on O~ange County, Florida parcel of land per Official Records . Book 4556, Page 510 of aforesaid, Public Records of aforesaid Orange County, Florida, also being o point on.a non tangent curve concave Southeasterly and havi,ng 0 radius .of 1701.20 feet; thence from 0' tangent bearing of South 59'40'44" West run Southwesterly along said curve through a central angle of 1'19'39" for on arc distance of 39.41 feet; thence continuing along said Northerly line run South 73'32'07" West for a distance of 465.46 feet to 0 point on the Northerly right-of-way line of West Orange Roils To' Trails per Official Records Book 4683, Page 4776, aforesaid Public Records of. Orange County, Florida; thence departing said Northerly line run North 86.57'26" West along said Northerly right-of-waylin'e for a distance of 298.16 feet to the POINT OF BEGINNING; thence departing said Northerly right-of-way line run South 02'01"2i1'. West for a distance of 50.00 feet; thence ruil North 86'57'Z6" West for a distance of 15.00 feet; thence run North OZ'OflZ" East for a. distance of 50.00 feet to a point on aforesaid Northerly right-of-way line; thence run South 86'57'Z6" East along said Northerly right-of-way line fora distance of 15.00 feet to aforesaid POINT OF BEGINNING. Contains 0.017 acres more or less. SURVEYOR'S NOTES: . . . okJ . . .' \,uUtlUT(rt . THIS IS NOT A ~VEY. . '. . ,:\,\\\\." . ~ :;t4 ~/f('J': .. tHIS SKETCH IS NOT VAllO YI1lHOUT THE S1GNAnJRE ANO ORtGIHAL RAISED SEAl. ,*,"A ~M~tC('i(~ '-:;, SURVEYOR AND. lIAPPER. . . . . '. ~ .~" .' '. oJ "1- BEAR1HGS SHOv.tI HEREON ARE BASED..oil THE NORTH UNE or THE HORiHE;"S~/~ 'i...z.i.bk\~e4s';':'? ~ 1/~ OF SEC:nON 5-22-28 AS BEING AN ASSUMED BEARING Of' S 8S.JS'U~.-.E:~ ~ .... 6330 r~ * ~ .JOB NO 240J3 JlR S1NE~ 1:~J:iy: CALCU~TED BY' . ;: Of : "":::: . DRAWN BY' p~ _ ..'" ~.;:- -;. '" l.'!)'i'- . - ;; ~ ""r. ~. 07.",....... ~ - .:~. . 1/ f....... \ ~" . . '..l:It,'i"56JJ . .....;.\...\ 9-4-05 DATE' 16 Eost P 0(1 t Street .I~ llrleo. fIcrido .lilliI' ('401) 651SlSl SCALE' " ~ 20 FEET CHECKED BY: JLR AElD BY: H/A Exhibit A Page 12 of 13 Easement No. 31531 .,. " SKETCH OF DESCRIPTION SHEET 2 Ot 2 UTILITY EASEMENT NORlHWEST CORNER OF' NORTHEAST 1/4 OF THE NORTHEAST 1/4 'OF SECTION 5-22-28 1332,31' N 85"35"9" W, ;0 POINT Of COMMENCEMENT) NORTHEAST CORNER 01' , NORTHEAST 1/4 OF SECnON ~22-28 WEST LINE OF THE NORTHEA~T 1/4 OF THE NORTHEAST 1/4 OF SECTION 5-22-28 POINT OF INTERSECTION OF' THE SOUTHERLY RIGHT-OF-WAY LINE OF INGRAM ROAD 'PER O.R.359B, PG.t221 ANO THE EASTERLY RIGHT-OF-WAY . UNE OF WEST ORANGE R,I(Il.S TO TRAILS PER O.R.SIS4, PG. IS42 ,~ '0 o c:i LO lLJ " N :- 5 N o z L2 R-46S.00' l_138.440 6 -t7'0I'17~ ,T.B.-S 41'07'11" E 'NORTHERLY RIGHT-OF-WAY UNE OF " WEST ORANGE RAILS TO TRAILS PER O.R.4683, PQ.477S NUOST2S" II' -29,6]S' ~NORTHERLY UNE OF ORANGE COUNTY PARCEL , PER O.R.4SS6, PC.510 POINT Of BEGINNING 3: " N :- P UNE N L1 0 Vl L2 Lf THIS IS NOT A SURVEY: Ie 'DENOTES CHANGE IN DIRECTION Rft DENOTES RIGHT-OF-WAY IE. DENOTES CENTERUNE , p,c. DENOTES POINT OF CURVATURE P.T, DENOTES POINT OF TANGENCY P.R.C. DENOTES POINT OF REVERSE CURVATURE DENOTES CHANGE IN DIRECTION, NO CORNER stT JOe NO 24033 'CALCUlATED BY' .lJl DATE: 9-4-05 DRAWN BY' ,PJIl SCAI ~. I" - 20 f'EU CHECKED BY' .lJl 16 Eost P o'n t Street N/A '611. en.. IIcrlla 31181' (lG7 ) 151 5l$ flELD BY' Exhibit A Page 13 of 13 Easement No. 31531 ,k3