HomeMy WebLinkAboutItem 09 Approval of Access and Utilities Easement with Silvestri Investments of Florida, Inc.Meeting Date: August 15, 2023
Item #: 9
Contact Name: Jen Bolling Department Director: Jamie Croteau
Contact Number: Ext. 4021 City Manager: Robert Frank
Subject: Approval of Access and Utilities Easement with Silvestri Investments of Florida, Inc,
(Utilities Director Croteau)
Background Summary:
The Utilities Department will be replacing approximately 1,600 liner feet of 6-inch force main on N. Clarke Rd
to address failures on this main. As part of this project, the force main will be rerouted to reduce construction
impacts within N. Clarke Road/ A.D. Mims Road intersection. Staff worked with Silvestri Investments of Florida
to secure a fifteen -foot (15') wide access and utility easement along the southern property line of Parcel 09-22-
28-0000-00-058. The Access and Utilities Easement reduces the impact of the construction to railroad and
roadway by avoiding work within the N. Clarke Road/A.D. Mims Road intersection, reduces the cost for
construction, and provides easier access to the force main for any needed future maintenance and repair.
Issue:
Should the Honorable Mayor and City Commissioners approve the Access and Utilities Easement with
Silvestri Investments of Florida, Inc.?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the Access and Utilities Easement
with Silvestri Investments of Florida, Inc.
Attachments:
1. Access and Utilities Easement
Financial Impacts:
None as this is being granted at no cost to the City.
Type of Item: Consent
City of Ocoee .. Avenue - • o-- Florida 34761
Page 152 of 268
THIS INSTRUMENT PREPARED BY
AND AFTER RECORDING SHOULD
BE RETURNED TO:
SCOTT A .COOKSON, ESQ.
SHUFFIELD, LOwMAN & WILSON, P.A.
1000 LEGION PLACE, SUITE 1700
ORLANDO, FL 32801
407-581-9800
ACCESS AND UTILITIES EASEMENT
THIS ACCESS AND UTILITIES EASEMENT made this day of , 2023,
between SILVESTRI INVESTMENTS OF FLORIDA, INC., a Florida corporation, whose
address is (the "GRANTOR"), and the
CITY OF OCOEE, a Florida municipal corporation, whose address is 1 North Bluford Avenue,
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, a
perpetual non-exclusive utilities easement on Parcel 09-22-28-0000-00-058, which will also meet
the required 15-foot setback/buffer affronting A.D. Mims Road, for the purpose of providing,
conveying, distributing, or carrying sewer, reclaim, and water services, 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"
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, shrubs/trees, or other
obstructions within the Easement Property that would in any way hinder the access, operation and
maintenance of the Facilities within the Easement Property. Any landscaping to be installed within
the 15-foot utility easement shall be approved by the Utilities Department.
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.
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Page 153 of 268
GRANTEE may at any time increase the use of the Easement, change the location of
pipelines or related 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
Page 154 of 268
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:
[Kfj1j6N MKS,
IM
SILVESTRI INVESTMENTS OF
FLORIDA; NC., f, Wri 4�corporation
ley: ,, W1c I I
Print ame: I)Ak'
Date: 11/01 -'31
The foregoing instrument was acknowledged before me by means of rdphysical presence or 1:1
online notarization, this day of iV) 2023, by T,
- , on behalf of SILVESTRI INVESTMENTS OF FLORIDA, INC., a Florida
corporation, who is o personally known to me or who [p,' has produced
\J i as identification.
(Seal)
BRIAN HILL
Notary Ir)'#4071,10
My Commission Expires
February 20, 2024
Page 3 of 5
Notary Public
My Commission Expires:
Page 155 of 268
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
, 2023.
SHUFFIELD LOWMAN & WILSON, P.A.
IRA
Scott A. Cookson, City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
GRANTEE:
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 , 2023
UNDER AGENDA ITEM NO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared Rusty Johnson and Melanie
Sibbitt, 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 , 2023.
Notary Public
My Commission Expires:
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Page 156 of 268
EXHIBIT "A"
(Easement Property)
A 15' wide access and utility easement along the entire southern boundary of a portion of Section
9, Township 22, Range 28 East, Orange County, Florida, being more particular as follows: Section
9, Township 22, South, Range 28 East, Orange County, Florida, being more particularly described
as follows: Commence at the Southwest corner of the Northeast 1/4 of Section 9, Township 22
South; Range 28 East; thence run South 01 ° 19'46" East along the West line of the Southeast 1/4 of
said Section 9, a distance of 652.19 feet to the North right of way line of the Seaboard System
Railroad a 60 foot right of way; thence run North 75°23'15" East along said North right of way
line, a distance of 984.41 feet for the Point of Beginning; thence run North 14°3723" West, a
distance of 260.08 feet; thence run North 75°23'15" East, a distance of 204.21 feet to a point on the
West right of way line of Clarke Road, said point being on a curve concave to the East, having a
radius of 4108.84 feet; thence from a tangent bearing of South 12'01'50" East, run Southerly along
the arc of said curve and said West right of way line through a central angle of 02°35'33 ", a distance
of 185.92 feet; thence continue along said West right of way line South 14°37'23" East, a distance
of 74.22 feet to a point on the aforesaid North right of way line of the Seaboard System Railroad;
thence run South 75°23'15" West along said North right of way line, a distance of 200.00 feet to
the Point of Beginning.
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