HomeMy WebLinkAboutItem 13 Approval of a Temporary Access and Construction Easement for Ocoee Village Center ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: November 16, 2021
Item # 13
Reviewed By:
Contact Name: Jennifer Bolling 5S Department Director: Jamie, ro -:
Contact Number: (407) 905-3159 City Manager: Ro•97:17%
Subject: Ocoee Village Center Temporary Access and Construction Easement
Background Summary:
The approved Ocoee Village Center project includes construction of a looped watermain with
connection to the existing City-owned 8-inch watermain located on the far west side of the Forest
Lake Golf Course and the 12"-inch watermain at the intersection of Lakewood Avenue and Fullers
Cross Road. A temporary construction easement grants the Ocoee Village Center Developer (Ocoee
Development IV, LLC.) temporary access to connect to the City's watermain on the far west side of
the golf course golf property and complete the north connection of the watermain loop.
As part of this temporary access agreement, the contractor must coordinate with the golf course prior
to initiating any work to avoid disruption to the golf course. Connection to this watermain will not
interfere with golf course play or the ability to access the golf course maintenance area. Please see
Figure 1 for the exact location of the connection point.
Issue:
Should the Mayor and City Commission approve the temporary access and construction easement
to Ocoee Development IV, LLC?
Recommendations:
Staff recommends the Mayor and City Commission approval the temporary access and construction
easement.
Attachments:
Temporary Construction Easement Location Map
Temporary Access and Construction Easement
Financial Impact:
N/A
Type of Item: (please mark with an `x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X 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 N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
2
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Water Main Connection Location
Forest Lake
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Return recorded document to:
Logan S.Opsahl,Esq.
Shuffield,Lowman&Wilson,P.A.
1000 Legion Place,Suite 1700
Orlando,FL 32801
TEMPORARY ACCESS AND CONSTRUCTION
EASEMENT
THIS TEMPORARY ACCESS AND CONSTRUCTION EASEMENT is entered
into as of the day of , 2021, by and between CITY OF OCOEE, a Florida
municipal corporation, with an address of 150 N. Lakeshore Drive, Ocoee, FL 34761
("Grantor"); and OCOEE DEVELOPMENT IV, LLC, a Florida limited liability company,
with an address of 246 N. Weslinonte Drive,Altamonte Springs,FL 32714 ("Grantee").
WITNESSETH
WHEREAS, Grantor is the owner of that certain property situated in the City of Ocoee,
County of Orange, State of Florida, known as the Forest Lake Golf Course (the "Golf Course");
and
WHEREAS, Grantee is the recorded owner of those certain parcels of land bearing
Orange County Property Appraiser's Parcel Identification Numbers 05-22-28-0000-00-040 and
55-22-28-0000-00-060 in the City of Ocoee, County of Orange, State of Florida; and
WHEREAS, Grantee has requested from Grantor, and Grantor is desirous of granting to
Grantee, a temporary access and construction easement over and across that a portion of
Grantor's property which is more particularly described in Exhibit "A" attached hereto
("Temporary Easement Area").
NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and
valuable consideration, Grantor does hereby grant to Grantee a non-exclusive temporary
easement for construction activities over, under and across the Easement Area, subject to the
following terms and conditions to which the parties hereto do hereby agree:
1. Recitals. The above-referenced recitals are true and correct and incorporated
herein by this reference.
2. Temporary Easement. Grantee intends to construct a connection to the existing
eight (8") inch watermain (the "Water Main") within Temporary Easement Area (the "Work").
Grantor hereby grants a temporary access and construction easement to Grantee to enter upon the
Temporary Easement Area as may be reasonably necessary for the purpose of completing the
Work. The rights set forth herein include the right of ingress and egress across the Temporary
Easement Area, but only to the extent necessary to exercise the rights and perform the duties set
Page 1 of
forth in this instrument. Grantee, shall, at its cost and expense, restore the portions of the
Temporary Easement Area that were disturbed by the Grantee to substantially the same condition
as existed before the Work, to the extent practicable under then current conditions, and repair
any and all damage to the Temporary Easement Area which may be caused by virtue of such
construction.
3. Termination of Easement. The temporary easement granted herein shall
automatically terminate within thirty (30) days of the completion of the Work within the
Temporary Easement Area. The termination of the temporary easement granted herein may be
evidenced by the recordation of a certificate or statement from the Grantee that the Work has
been completed.
4. Liens. Grantee shall not permit or cause any construction, mechanics', laborers',
materialmen's or other similar liens to attach to the Grantor's property. If, despite the foregoing,
Grantee peitiiits or causes any such liens to attach to Grantor's property, then Grantee shall, at its
sole cost and expense, cause such lien or liens to be discharged or bonded over within fifteen
(15) business days following notice thereof. If Grantee fails to so discharge or bond over all
such liens, Grantor shall have the right to discharge such liens (without any inquiry as to the
validity or merits thereof) and any amount paid by Grantor in connection with such action, and
all costs and expenses (including, without limitation, attorneys' fees, disbursements and court
costs) incurred by Grantor in connection therewith shall be paid by Grantee within fifteen (15)
days of written demand therefore.
5. Compliance. Grantee hereby warrants and represents to Grantor that Grantee in
exercising its rights under this Agreement shall comply fully with any federal, state or local laws,
regulations, ordinances, permits or other authorizations.
6. Indemnification. Grantee hereby agrees to indemnify, defend and hold the
Grantor, its employees, agents and independent contractors and consultants (collectively, the
"Grantor Indemnified Parties") harmless from and against any and all suits, claims, costs of
defense, damages, injuries, liabilities, judgments, costs and/or expenses, including court costs
and attorneys fees,resulting from, arising out of, or in any way connected with the Work and this
temporary access and construction agreement.
7. Effective Date. This instrument shall become effective upon the recordation of
this instrument in the public records of Orange County, Florida.
8. Headings. The headings of the paragraphs contained herein are intended for
reference purposes only and shall not be used to interpret the agreements contained herein or the
rights granted hereby.
9. Counterparts. This document, and any modifications, may be executed in one or
more counterparts, including by facsimile, all parties need not be signatories to the same
documents, and all counterpart signed documents shall be deemed to be an original and one (1)
instrument.
Page 2 of 4
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
GRANTOR:
CITY OF OCOEE, a Florida municipal
corporation
By:
RUSTY JOHNSON
Mayor
Date:
FOR USE AND RELIANCE ONLY BY Attest:
THE CITY OF OCOEE, FLORIDA; Melanie Sibbitt, City Clerk
APPROVED AS TO FORM AND Date:
LEGALITY this day of
, 2021.
APPROVED BY THE OCOEE CITY
SHUFFIELD, LOWMAN & WILSON, COMMISSION AT A MEETING HELD
P.A. ON UNDER
AGENDA ITEM NO.
By:
City Attorney
STATE OF FLORIDA )
) §§
COUNTY OF ORANGE )
On this day of , 2021, before me, the undersigned notary
public in and for said County and State, personally appeared before me by means of physical
presence [ ] or online notarization [ ] , the Mayor of the City of Ocoee, on
behalf of the City to me personally known or who provided as
identification and did/did not take an oath.
WITNESS my hand and notarial seal subscribed and affixed in said county and state, the
day and year in this certificate above written.
NOTARY PUBLIC
My Commission Expires:
Page 3 of 4
WITNESSES: GRANTEE:
OCOEE DEVELOPMENT IV, LLC, a
Florida limited liability company
Print Name:
By:
Its:
Date:
Print Name:
STATE OF FLORIDA )
) §§
COUNTY OF ORANGE )
On this day of , 2021, before me, the undersigned notary
public in and for said County and State, personally appeared before me by means of physical
presence [ ] or online notarization [ ] , authorized signatory on behalf of
OCOEE DEVELOPMENT IV, LLC, a Florida limited liability company, who is [ ]
personally known or [ ] provided as identification and did/did not take
an oath.
WITNESS my hand and notarial seal subscribed and affixed in said county and state, the
day and year in this certificate above written.
NOTARY PUBLIC
My Commission Expires:
Page 4 of 4
WOHLFARTH CONSULTING
0 II r GROUP LLC
ENGINEERS,PLANNERS
LAND DEVELOPMENT& 246 N.WESTMONTE DRIVE
ENGINEERING SERVICES ALTAMONTE SPRINGS,FLORIDA 32714
(407)750-3123
CERTIFICATE OF AUTHORIZATION NO.LB8214
EXHIBIT"A"
SKETCH AND DESCRIPTION ONLY (NOT A SURVEY)
TEMPORARY CONSTRUCTION
DESCRIPTION: EASEMENT
A portion of the Southwest 1/4 of Section 5, Township 22 South, Range 28 East, Orange County, Florida,
being more particularly described as follows:
COMMENCE at the Northwest corner of the Southwest 1/4 of said Section 5; thence South 88'07'15" East
along the North line of the Southwest 1/4 of said Section 5, a distance of 1375.65 feet to the Northeast
corner of the Northwest 1/4 of the Southwest 1/4 of said Section 5; thence South 00'17'43" West along the
East line of the Northwest 1/4 of the Southwest 1/4 of said Section 5, a distance of 1043.25 to the POINT
OF BEGINNING; thence departing from said East line, run South 89'13'22" East, a distance of 40.00 feet;
thence South 00'17'43" West along a line lying 40.00 feet East from and parallel with, as measured at right
angle to the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 5, a distance of 308.01
feet to a point on the Northerly Right—of--Way Line of Clarcona—Ocoee Road as described in Special Warranty
Deed recorded in Official Records Book 6999, Page 4743, of the Public Records of Orange County, Florida;
thence North 89'13'22" West along said Northerly Right—of—Way Line, a distance of 40.00 feet; thence North
00'17'43" East along the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 5, a distance
of 308.01 feet to the POINT OF BEGINNING.
Said lands situate lying and being in the City of Ocoee, Orange County, Florida, containing 0.283 acres
(12,320 square feet), more or less. 0
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NOTES:
0
1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL PROJECT NAME: OCOEE VILLAGE CENTER
OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, LOCATION: Cityof Ocoee,Orange SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS gCounty,Florida.
NOT VAUD. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY ~-
OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT Lv
WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WOHLFARTH CERTIFICATION:
CONSULTING GROUP LLC FOR EASEMENTS AND RIGHTS-OF-WAY OF I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION IS TRUE
RECORD. AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT IT
DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD
3.
ANDDOES NOT CONSTITUTE A FIELD IL SURVEY. OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA t�
ADMINISTRATIVE CODE. 0
4. BEARINGS ARE BASED ON THE NORTH LINE OF THE SOUTHWEST 1/4
OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FOR THE FIRM 00
FLORIDA, SAID NORTH LINE HAVING AN ASSUMED BEARING OF WOHLFARTH CONSULTING GROUP LLC:
SOUTH 88'07'15" EAST. 0
5. WOHLFARTH CONSULTING GROUP LLC CERTIFICATE OF AUTHORIZATION
NO. LB 8214 IS ISSUED BY THE FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES.
WILSON E. WAY, P.S.M.
REVISIONS DATE BY PROFESSIONAL SURVEYOR and MAPPER #2885 STATE OF FLORIDA 000 .
o
a.
DATE: DRAWN CHECKED FIELD
10/20/21 BY BF BY WW BOOK N/A
WOHLFARTH CONSULTING
GROUP LLC
ENGINEERS,PLANNERS •
LAND DEVELOPMENT& 246 N.WESTMONTE DRIVE
ENGINEERING SERVICES ALTAMONTE SPRINGS,FLORIDA 32714
(407)750-3123
CERTIFICATE OF AUTHORIZATION NO.LB8214
EXHIBIT"A"
LEGEND SKETCH AND DESCRIPTION ONLY
AC.=ACRES (NOT A SURVEY) TEMPORARY CONSTRUCTION
O.C.R.=ORANGE COUNTY RECORDS EASEMENT
O.R.B.=OFFICIAL RECORDS BOOK
POC=POINT OF COMMENCEMENT o
0
POBPOINTOFBEGINNING m
P.B.=PLAT BOOK II
PG.=PAGE
R/W=RIGHT-OF-WAY
i4=LIMITED ACCESS POC N. LINE OF THE S.W. 1/4,
RIGHT-OF-WAY LINE N.W. CORNER S.W. 1/4, SECTION 5-22-28 N
S.F.=SQUARE FEET SECTION 5-22-287-S68'0715.E
(BASIS FOR BEARINGS)
T.C.E.=TEMPORARY
CONSTRUCTION EASEMENT __ ' 1375.65'
__
N.E. CORNER OF
o� P-t•,,tx�{ p THE N.W. 1/4 OF
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REVISIONS DATE BY - -
DATE: DRAWN CHECKED FIELD
10/20/21 BY BF BY WW BOOK N/A