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HomeMy WebLinkAbout05-18-2021 Emergenceny Item - Approval for the Granting of 25' Easement for Five Properties along 3rd StreetContact Name: Contact Number: 1 Meeting Date Item # TJ Tomlinson, E.1 407-905-3159 Mav 18. 2021 EMERGENCY ffEM Reviewed By: Department Director: Jamie Crot u City Manager: Robert Franki�' Subject: Approval for the Granting of 25-foot Easements for Five Properties along 3rd Street; District 2: Commissioner Wilson Background Summary: Due to multiple properties on 3rd Street inquiring about water service and indicating a willingness to annex into the City, the Utilities Department developed plans to provide water service to these parcels. This project includes the extension of an existing 6-inch water main along 2nd Street and E Silver Star Rd., then reducing to a 4-inch water main along 3rd Street to the north property line of 504 3rd Street. To accomplish this water main extension project, the City will need 25-foot easements covering five properties since the City does not have right-of-way along 3rd Street. These properties are shown on the attached Construction Plans for the proposed water main extension. A property owner was able to get all five parcels to agree to grant easements to the City to build and maintain City facilities within an easement area (See attachments 2 - 6). Construction will begin once all required documents have been collected and all easements have been approved and recorded with Orange County. The Utilities Department is available for questions. Issue: Should the Mayor and Commission accept and approve the granting of 25-foot wide easements by the property owners of the five properties? Recommendations: Staff recommends that the Mayor and City Commission authorize the City Manager for the granting of an exclusive 25-foot easement by the property owners for the five properties; and said easements shall be in an acceptable format to the City Attorney. Attachments: 1. Proposed 3rd Street Water Main Extension 2. 430 3rd Street Easement Document 3. 434 3rd Street Easement Document 4. 436 3rd Street Easement Document 5. 502 3rd Street Easement Document 6. 504 3rd Street Easement Document Financial Impact: No financial impacted from granting of easements to the City. Type of Item: (please mark with an 'Y) Public Hearing For Clerk's Dept Use: Ordinance First Reading V Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by Rebecca Roberts 5/11 /21 N/A N/A N/A 2 Cut ar by others) Kev: Proposed Water Main Proposed Gate Valve Existing Fire Hydrant Ingress & Egress Existing Water Main Proposed Line Stop ---- --- 1" Water Service Line I Pathway ROW Line (�D Proposed Double Service Q1j. Proposed Blow Off Lot Lines S� Proposed Single Service Proposed Easement (25' from Edge of Pavement) Double Service All S6 g e �� ��uuullll,,,,. ,,tll)���)01�01111�11� by Directional Drill Single Service Double Service CITY OF OCOEE UTILITIES DEPARTMENT 1800 A. D. Mims Rd. Ocoee, FI.34761 (407)905-3159 Single Service City Detail UT203 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING SHOULD BE RETURNED TO: LOGAN J. OPSAHL, ESQ. SHUFFIELD, LOwMAN & WILSON, P.A. 1000 LEGION PLACE, SUITE 1700 ORLANDO, FL 32801 407-581-9800 EASEMENT THIS EASEMENT made this _ day of , 2021, between WZU0 (A -eat Blue Heron Ct, Mohamad S. Ali a single man, whose address is �ar;nte�saad___ R 34757 (the "GRANTOR"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "GRANTEE"). WITNESSETH: That the Grantor in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid, the receipt of which is hereby acknowledged, does hereby give and grant to the GRANTEE and its successors, agents, assigns, lessees, and tenants, an Easement in perpetuity for the purpose of providing, conveying, distributing, or carrying water services, to include water, wastewater and stormwater etc., together with the right, privilege, and authority to construct, locate, lay, maintain, operate, inspect, alter, improve, augment, repair, remove, replace, relocate, and rebuild pipes, mains, conduits, equipment, and all other improvements or accessories necessary or desirable in connection therewith (all items hereafter being collectively referred to as the "Facilities"), which Facilities will be located on, through, over, across, or under the following specific non-exclusive "Easement Property," within GRANTOR'S premises, situated in Orange County and the State of Florida, to wit: SEE ATTACHED EXHIBIT "A" Property Appraiser's Identification Number: A portion of: Parcel ID No.1.7-22-28-0000-00-081, TO HAVE AND TO HOLD said Easement unto said GRANTEE and its successors, agents, assigns, lessees, and tenants forever. GRANTOR shall not place any landscaping, fences, structures or other obstructions within the Easement Property that would in any way hinder the access, operation and maintenance of the utilities including and other related pipeline Facilities within the Easement Property. GRANTEE shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with access, operation and maintenance of the Easement. GRANTEE'S obligation to restore landscaping shall be limited to an obligation to restore to GRANTEE'S landscaping standards for City right-of-way and shall not include an obligation to restore exotic or enhanced landscaping standards. GRANTEE may at any time increase the use of the Easement, change the location of Page 1 of 5 4819-8232-9304, v. 1 pipelines or other Facilities within the Easement Property, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR provided GRANTEE does not expand its use of the Easement beyond the boundaries of the Easement Property. GRANTEE shall be responsible for the proper construction, operation, maintenance and repair of the Facilities installed in the Easement Property by GRANTEE, and GRANTOR shall assume no responsibility or liability for the maintenance, repair or safe operation of such Facilities. 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 good, right, and lawful authority to grant this Easement. [Signatures to Follow] Page 2 of 5 4819-8232-9304, v. 1 IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed on the day and year first above written. Signed, sealed, and delivered in the presence of: , a single man Print Name: Print Name: STATE OF FLORIDA COUNTY OF ORANGE ) The foregoing instrument was acknowledged before me by means of hysical presence or ❑ online notarization, this day of �-r i 021, by 0 who is ❑ personally known to me or who as produced as identification. o Notary Public My Commission Expires: .�� ollpY PV MARGIE RIVERA Notary Public - State of Florida Commission # of °QP` 3473 My COMM. Expire G Dec ec11, 2022 Bonded through National Notary Assn. Page 3 of 5 4819-8232-9304, v. 1 IN WITNESS WHEREOF, the Grantee has caused this instrument to be executed in its name the day and year first, above written. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2021. SHUFFIELD LOWMAN & WILSON, P.A. City Attorney STATE OF FLORIDA COUNTY OF ORANGE GRANTEE: CITY OF OCOEE, a Florida municipal corporation I1 Rusty Johnson, Mayor Melanie Sibbitt, City Clerk APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ! ' , 2021 UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, by means of ❑ physical presence or ❑ online notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT, personally known to me to be the Mayor and' City Clerk, respectively, of the CITY OF OCOEE, FLORIDA, and that they severally acknowledged executing the same in the presence of two subscribing witnesses, fieely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of 32021. Signature of Notary Name of Notary (typed, printed or stamped) Commission Number (if not legible on seal): Commission expires (if not legible on seal): Page 4 of 5 4819-8232-9304, v. 1 EXHIBIT "A" (Easement Property) THE EAST 25 FOOT OF SE1/4 OF N 150.8 FT OF S 507,15 FT OF E1/2 OF SE1A OF NE1/4 (LESS E 370 FT THEREOF OF SEC 17-22-28. re 25 Foot Utility Easement 25 x Page 5 of 5 4819-8232-9304, v. 1 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING SHOULD BE RETURNED TO: LOGAN J. OPSAHL, ESQ. SHUFFIELD, LOWMAN & WILSON, P.A. 1000 LEGION PLACE, SUITE 1700 ORLANDO, FL 32801 407-581-9800 EASEMENT THIS EASEMENT made this _ day of , 2021, between 4n4 N. Apopka Vineland Rd, Harper Family Trust a single man, whose address is—e�lan�io r (the "GRANTOR"), and the CITY OF OCOEE, a Florida municipal corporatron, w ose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "GRANTEE"). WITNESSETH: That the Grantor in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid, the receipt of which is hereby acknowledged, does hereby give and grant to the GRANTEE and its successors, agents, assigns, lessees, and tenants, an Easement in perpetuity for the purpose of providing, conveying, distributing, or carrying water services, to include water, wastewater and stormwater etc., together with the right, privilege, and authority to construct, locate, lay, maintain, operate, inspect, alter, improve, augment, repair, remove, replace, relocate, and rebuild pipes, mains, conduits, equipment, and all other improvements or accessories necessary or desirable in connection therewith (all items hereafter being collectively referred to as the "Facilities"), which Facilities will be located on, through, over, across, or under the following specific non-exclusive "Easement Property," within GRANTOR'S premises, situated in Orange County and the State of Florida, to wit: SEE ATTACHED EXHIBIT "A" Property Appraiser's Identification Number: A portion of: Parcel ID No.17-22-28-0000-00-065 TO HAVE AND TO HOLD said Easement unto said GRANTEE and its successors, agents, assigns, lessees, and tenants forever. GRANTOR shall not place any landscaping, fences, structures or other obstructions within the Easement Property that would in any way hinder the access, operation and maintenance of the utilities including and other related pipeline Facilities within the Easement Property. GRANTEE shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with access, operation and maintenance of the Easement. GRANTEE's obligation to restore landscaping shall be limited to an obligation to restore to GRANTEE'S landscaping standards for City right-of-way and shall not include an obligation to restore exotic or enhanced landscaping standards. GRANTEE may at any time increase the use of the Easement, change the location of Page 1 of 5 4819-8232-9304, v, 1 pipelines or other Facilities within the Easement Property, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR provided GRANTEE does not expand its use of the Easement beyond the boundaries of the Easement Property. GRANTEE shall be responsible for the proper construction, operation, maintenance and repair of the Facilities installed in the Easement Property by GRANTEE, and GRANTOR shall assume no responsibility or liability for the maintenance, repair or safe operation of such Facilities. 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 good, right, and lawful authority to grant this Easement. [Signatures to Follow] Page 2 of 5 4819-8232-9304, v. 1 IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed on the day and year first above written. Signed, sealed, and delivered in the presence of: Name: Print Name: Oi u i pL _ STATE OF FLORIDA GRANTOR: r mgle man y: Print Name: Date: COUNTY OF ORANGE ) The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this `7�h day of 1 021, by -Socoup-tinp, who is ❑ personally known to me or who Veas produced as identification. otary Public My Commission Expires: •=o � �^: MARGIE RIVERA �•. Notary Public - State of Florida of°po` 3473 My Comm Commission Expires DecDec11, 2022 Bonded through National Notary Assn. Page 3 of 5 4819-8232-9304, v. 1 IN WITNESS WHEREOF, the Grantee has caused this instrument to be executed in its name the day and year first above written. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of .2021. SHUFFIELD LOWMAN & WILSON, P.A. City Attorney STATE OF FLORIDA COUNTY OF ORANGE CITY OF OCOEE, a Florida municipal corporation Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 1 ' , 2021 UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, by means of ❑ physical presence or ❑ online notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT, personally known to me to be the Mayor and, City Clerk, respectively, of the CITY OF OCOEE, FLORIDA, 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. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2021. Signature of Notary Name of Notary (typed, printed or stamped) Commission Number (if not legible on seal): Commission expires (if not legible on seal): Page 4 of 5 4819-8232-9304, v, 1 EXHIBIT "A" (Easement Property) THE EAST 25 FOOT OF N1/2 OF E1/2 OF THAT TRACT DESC AS N 150.8 FT OF S 507.15 FT OF E1/2 OF SETA OF NEIA (LESS E 370 FT THEREOF) OF SEC 17-22-28. 25 Foot Utility Easement Location Man 25 n Page 5 of 5 4819-8232-9304, v. 1 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING SHOULD BE RETURNED TO: LOGAN J. OPSAHL, ESQ. SHUFFIELD, LOwMAN & WILSON, P.A. 1000 LEGION PLACE, SUITE 1700 ORLANDO, FL 32801 407-581-9800 EASEMENT THIS EASEMENT made this _ day of , 2021, between Ocoee Rentals Trust a single man, whose address id350 Reflections Lane, Winter Garden FL (the "GRANTOR"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "GRANTEE"). WITNESSETH: That the Grantor inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid, the receipt of which is hereby acknowledged, does hereby give and grant to the GRANTEE and its successors, agents, assigns, lessees, and tenants, an Easement in perpetuity for the purpose of providing, conveying, distributing, or carrying water services, to include water, wastewater and storrnwater etc., together with the right, privilege, and authority to construct, locate, lay, maintain, operate, inspect, alter, improve, augment, repair, remove, replace, relocate, and rebuild pipes, mains, conduits, equipment, and all other improvements or accessories necessary or desirable in connection therewith (all items hereafter being collectively referred to as the "Facilities"), which Facilities will be located on, through, over, across, or under the following specific non-exclusive "Easement Property," within GRANTOR'S premises, situated in Orange County and the State of Florida, to wit: SEE ATTACHED EXHIBIT "A" Property Appraiser's Identification Number: A portion of: Parcel ID No. I7-22-28-0000-00-067 TO HAVE AND TO HOLD said Easement unto said GRANTEE and its successors, agents, assigns, lessees, and tenants forever. GRANTOR shall not place any landscaping, fences, structures or other obstructions within the Easement Property that would in any way hinder the access, operation and maintenance of the utilities including and other related pipeline Facilities within the Easement Property. GRANTEE shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with access, operation and maintenance of the Easement. GRANTEE's obligation to restore landscaping shall be limited to an obligation to restore to GRANTEE'S landscaping standards for City right-of-way and shall not include an obligation to restore exotic or enhanced landscaping standards. GRANTEE may at any time increase the use of the Easement, change the location of Page 1 of 5 4819-8232-9304, v. 1 pipelines or other Facilities within the Easement Property, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR provided GRANTEE does not expand its use of the Easement beyond the boundaries of the Easement Property. GRANTEE shall be responsible for the proper construction, operation, maintenance and repair of the Facilities installed in the Easement Property by GRANTEE, and GRANTOR shall assume no responsibility or liability for the maintenance, repair or safe operation of such Facilities. 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 good, right, and lawful authority to grant this Easement. [Signatures to Follow] Page 2 of 5 4819-8232-9304, v. 1 IN WITNESS SS OF, the said GRANTOR has caused these presents to be executed on the day and year first above written. Signed, sealed, and delivered in the presence o£ Pint Name: D e-1 wkt,r GJ, _J qknSq! Print Name:��� `y7 STATE OF FLORIDA) COUNTY OF ORANGE The foregoing instrument was acknowledged ❑ online notay�lization, this day '�l l^��ir� ,who is ❑ pe C � 01' /, l / V 'Crf 4- 8kc e,nps-e as identification. Notary Public Sta�9414349 of Florida Nathan S. Flasan y F Commissfo' _.Piras 02/0,1120 3-04oLA-S 9 J AFSJ , a single man By: 4 dA / C-,, k Print Div ame: ,- ,AS &JR46�- Date: 4 before me by means of physical presence or of —jr L------------- 2021, by rsonallknown to me or who ❑ has produced Notary Public .LVIy Commission Expires: /,per IN WITNESS OF, the Grantee has caused this instrument to be executed in its name the day and year first above written. Page 3 of 5 4819-8232-9304, v. 1 IN WITNESS WHEREOF, the Grantee has caused this instrument to be executed in its name the day and year first. above written. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2021. SHUFFIELD LOWMAN & WILSON, P.A. 10 City Attorney STATE OF FLORIDA COUNTY OF'ORANGE GRANTEE: CITY OF OCOEE, a Florida municipal corporation Rusty Johnson, Mayor Melanie Sibbitt, City Clerk APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 6 - , 2021 UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, by means of ❑ physical presence or ❑ online notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT, personally known to me to be the Mayor and' City Clerk, respectively, of the CITY OF OCOEE, FLORIDA, 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. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2021. Signature of Notary Name of Notary (typed, printed or stamped) Commission Number (if not legible on seal): Commission expires (if not legible on seal): Page 4 of 5 4819-8232-9304, V. 1 EXHIBIT "A" (Easement Property) THE EAST 25 FOOT OF SE1/4 OF N 150.8 FT OF S 657.95 FT OF E1/2 OF SE1/4 OF NE1/4 (LESS NE 370 FT) OF SEC 17-22-28. 25 Fora Utility Easement 25 Feet Page 5 of 5 4819-8232-9304, v. 1 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING SHOULD BE RETURNED TO: LOGAN J. OPSAHL, ESQ. SHUFFIELD, LOWMAN & WILSON, P.A. 1000 LEGION PLACE, SUITE 1700 ORLANDO, FL 32801 407-581-9800 EASEMENT THIS EASEMENT made this — day of , 2021, between 50 Reflections Lane, Winter Garden FL Ocoee Rentals Trutt a single man, whose address is� (the 3498? "GRANTOR"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "GRANTEE"). WITNESSETH: That the Grantor in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid, the receipt of which is hereby acknowledged, does hereby give and grant to the GRANTEE and its successors, agents, assigns, lessees, and tenants, an Easement in perpetuity for the purpose of providing, conveying, distributing, or carrying water services, to include water, wastewater and stormwater etc., together with the right, privilege, and authority to construct, locate, lay, maintain, operate, inspect, alter, improve, augment, repair, remove, replace, relocate, and rebuild pipes, mains, conduits, equipment, and all other improvements or accessories necessary or desirable in connection therewith (all items hereafter being collectively referred to as the "Facilities"), which Facilities will be located on, through, over, across, or under the following specific non-exclusive "Easement Property," within GRANTOR'S premises, situated in Orange County and the State of Florida, to wit: SEE ATTACHED EXHIBIT "A" Property Appraiser's Identification Number: A portion of: Parcel ID No. 17-22-28-0000-00-139 TO HAVE AND TO HOLD said Easement unto said GRANTEE and its successors, agents, assigns, lessees, and tenants forever. GRANTOR shall not place any landscaping, fences, structures or other obstructions within the Easement Property that would in any way hinder the access, operation and maintenance of the utilities including and other related pipeline Facilities within the Easement Property. GRANTEE shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with access, operation and maintenance of the Easement. GRANTEE's obligation to restore landscaping shall be limited to an obligation to restore to GRANTEE'S landscaping standards for City right-of-way and shall not include an obligation to restore exotic or enhanced landscaping standards. GRANTEE may at any time increase the use of the Easement, change the location of Page 1 of 5 4819-8232-9304, v. 1 pipelines or other Facilities within the Easement Property, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR provided GRANTEE does not expand its use of the Easement beyond the boundaries of the Easement Property. GRANTEE shall be responsible for the proper construction, operation, maintenance and repair of the Facilities installed in the Easement Property by GRANTEE, and GRANTOR shall assume no responsibility or liability for the maintenance, repair or safe operation of such Facilities. 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 good, right, and lawful authority to grant this Easement. [Signatures to Follow] Page 2 of 5 4819-8232-9304, v. 1 IN WITNESS WIIEREOF, the said GRANTOR has caused these presents to be executed on the day and year first above written. Signed, sealed, and delivered in the presence of: nt Name: m Q-V- �� s Print Name: Idjar z q f �c� z STATE OF FLORIDA) COUNTY OF ORANGE The foregoing instrument was acknowledged b ❑ online notari ation, this 7_ day MCA afj urd e N , who is ❑ pe n r i V e r L i Ce ivs-e as identification. Eli7�� I •' �3taU�S dy,2n,� , a single man By: Print am�bt-t';2- �tDate:k efore me by means of)i�hysical presence or of 1` r j_____________. 2021, by sonknown to me or who ❑ has produced Notary Public State of Florida Nathan S. FlashMan Notary Public s My Commis0ion GG 944349 ', Expires 02/OQ/2024 My Commission Expires: 2 f` leab Z y IN the Grantee has caused this instrument to be executed in its name the day and year first above written. Page 3 of 5 4819-8232-9304, v. 1 IN WITNESS WHEREOF, the Grantee has caused this instrument to be executed in its name the day and year first, above written. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of .2021. SHUFFIELD LOWMAN & WILSON, P.A. City Attorney STATE OF FLORIDA COUNTY OF ORANGE GRANTEE: CITY OF OCOEE, a Florida municipal corporation Rusty Johnson, Mayor Melanie Sibbitt, City Cleric APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 1 ' , 2021 UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, by means of ❑ physical presence or ❑ online notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT, personally known to me to be the Mayor and' City Cleric, respectively, of the CITY OF OCOEE, FLORIDA, 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. WITNESS my hand and official seal in the County and State last aforesaid this day of 52021. Signature of Notary Name of Notary (typed, printed or stamped) Commission Number (if not legible on seal): Commission expires (if not legible on seal): Page 4 of 5 4819-8232-9304, v, 1 EXHIBIT "A" (Easement Property) THE EAST 25 FOOT OF SE COR OF NE1/4 OF SEC 17-22-28 TH N88-17-27W 658.42 FT TH NORTH 657.95 FT TH 588-17-7E 155.29 FT TO POB TH S88-17-27E 132,95 FT TH SO-1-35E 75.4 FT TH N88-17-27W 144.12 FT TH NORTH 42.62 FT TH S88-17-27E 11.13 FT TH NORTH 32.82 FT TO POB, 25 Foot Utility Easement Location Man 25 Fe N l� Page 5 of 5 4819-8232-9304, v. 1 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING SHOULD BE RETURNED TO: LOGAN J. OPSAHL, ESQ. SHUFFIELD, LowmAN & WILSON, P.A. 1000 LEGION PLACE, SUITE 1700 ORLANDO, FL 32801 407-581-9800 EASEMENT THIS EASEMENT made this — day of , 2021, between Reflections Lane, Winter Garden, FL Ocoee Rentals Trust ; a single man, whose address LSD50 34583 , (the "GRANTOR"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "GRANTEE"). WITNESSETH: That the Grantor in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid, the receipt of which is hereby acknowledged, does hereby give and grant to the GRANTEE and its successors, agents, assigns, lessees, and tenants, an Easement in perpetuity for the purpose of providing, conveying, distributing, or carrying water services, to include water, wastewater and stormwater etc., together with the right, privilege, and authority to construct, locate, lay, maintain, operate, inspect, alter, improve, augment, repair, remove, replace, relocate, and rebuild pipes, mains, conduits, equipment, and all other improvements or accessories necessary or desirable in connection therewith (all items hereafter being collectively referred to as the "Facilities"), which Facilities will be located on, through, over, across, or under the following specific non-exclusive "Easement Property," within GRANTOR'S premises, situated in Orange County and the State of Florida, to wit: SEE ATTACHED EXHIBIT "A" Property Appraiser's Identification Number: A portion of: Parcel ID No.1.7-22-28-0000-00-073 TO HAVE AND TO HOLD said Easement unto said GRANTEE and its successors, agents, assigns, lessees, and tenants forever. GRANTOR shall not place any landscaping, fences, structures or other obstructions within the Easement Property that would in any way hinder the access, operation and maintenance of the utilities including and other related pipeline Facilities within the Easement Property. GRANTEE shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that. may interfere with access, operation and maintenance of the Easement. GRANTEE's obligation to restore landscaping shall be limited to an obligation to restore to GRANTEE'S landscaping standards for City right-of-way and shall not include an obligation to restore exotic or enhanced landscaping standards. GRANTEE may at any time increase the use of the Easement, change the location of Page 1 of 5 4819-8232-9304,v.1 pipelines or other Facilities within the Easement Property, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR provided GRANTEE does not expand its use of the Easement beyond the boundaries of the Easement Property. GRANTEE shall be responsible for the proper construction, operation, maintenance and repair of the Facilities installed in the Easement Property by GRANTEE, and GRANTOR shall assume no responsibility or liability for the maintenance, repair or safe operation of such Facilities. 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 good, right, and lawful authority to grant this Easement. [Signatures to Follow] Page 2 of 5 4819-8232-9304, v. 1 IN WITNESS WIIERE OF, the said GRANTOR has caused these presents to be executed on the day and year first above written. Signed, sealed, and delivered in the presence of: rant Name: Vfl ►mob 0,v- Print Name: lVa r C STATE OF FLORIDA) COUNTY OF ORANGE The foregoing instrument was acknowledged b ❑ online notarization, this _ _ day C IX-f to -le ,wois❑pe 72i, , V e r-y �`C e Mj as identification. Or-e AA-45 Q J405A , a single man By: Print ame: t0a ewoc.. �S bu f-4{5y Date: y 7 a ( efore me by means of ?'physical presence or of r) I______, 2021, by rsonallknown to me or who as produced �t- - , - 92 1.- Notary Public My Commission Expires: IN WITNESS WIIEREOF, the Grantee has caused this instrument to be execute in its name the day and year first above written. Page 3 of 5 4819-8232-9304, v. 1 IN WITNESS WHEREOF, the Grantee has caused this instrument to be executed in its name the day and year first, above written. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of .2021. SHUFFIELD LOWMAN & WILSON, P.A. IN City Attorney STATE OF FLORIDA COUNTY OF ORANGE GRANTEE: CITY OF OCOEE, a Florida municipal corporation Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Cleric APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON } ' , 2021 UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, by means of ❑ physical presence or ❑ online notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT, personally known to me to be the Mayor and' City Clerk, respectively, of the CITY OF OCOEE, FLORIDA, 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. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2021. Signature of Notary Name of Notary (typed, printed or stamped) Commission Number (if not legible on seal): Commission expires (if not legible on seal): Page 4 of 5 4819-8232-9304, v. 1 EXHIBIT "A" (Easement Property) THE EAST 25 FEET OF SETA OF FOLLOWING DESC AS: THE N 150.8 FT OF S 808.75 FT OF El/2 OF SE1/4 OF NEIA (LESS E 370 FT) OF SEC 17-22-28. M Z'Feet Page 5 of 5 4819-8232-9304, v. 1