The URL can be used to link to this page

Home My WebLink AboutItem 11 Approval for the Granting of 10-foot UtilityMeeting Date: November 18, 2025 Item #: 11 Contact Name: T'Jean Tomlinson Department Director: Jen Bolling Contact Number: Ext. 4301 City Manager: Craig Shadrix Background Summary: To provide water service to 508, 518, and 524 Woodson Avenue, the property owner/developer for these three (3) parcels constructed 200 feet of 6-inch water main on Woodson Avenue to serve these parcels and also loop the City's water system from Nay Avenue to the existing watermain on Woodson Avenue. Dedication of the new watermain to the City requires a 10-foot-wide utility easement along the west side of Woodson Avenue, covering all three (3) parcels. This easement will allow the City to access, maintain, and repair the water main once it is officially accepted. The easement document is included with this item. Issue: Should the Honorable Mayor and City Commissioners accept and approve the granting of 10-foot wide utility easements by the property owner of the three (3) parcels? Recommendations: Staff recommends that the Honorable Mayor and City Commissioners approve the Utilities Easement agreements. Attachments: 1. Non -Exclusive Access and Utility Easement Agreement Financial Impacts: No financial impacted from granting of easements to the City. Type of Item: Consent Page 186 of 356 Prepared by and Return to: C. Nick Asma, Esq. Asma & Asma P.A. 886 S Dillard Street Winter Garden, FL 34787 • of Nol I pliml I This Non -Exclusive Access and Utility Easement Agreement (the "Easement Agreement") is made this - day of 9 2025, by and between the CITY OF OCOEE, a municipal corporation of the State of Florida whose address for the purpose of this instrument is 1 N Bluford Ave, Ocoee, FL 34761 (the "Grantee"), and LEGACY HOMES FL LLC, a Florida limited liability company whose address for purposes of this instrument is 2237 Kettle Dr. Orlando, Florida 32835 (the "Grantor"). Grantor is the owner of that certain real property located in Orange County, Florida more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). Grantee desires to obtain an access and utility easement (the "Easement') over the front 10' portion of the Property as more particularly shown and described in Exhibit "B" attached hereto and incorporated herein by reference (the "Easement Area"). NOW THEREFORE, in consideration of the foregoing, the mutual agreement of the parties hereto, and of other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I . Grant and Use of Easement. Grantor hereby grants to Grantee a perpetual, non-exclusive Easement upon, over, across, through and into the Easement Area for the purpose of installing, constructing, connecting, maintaining, repairing and replacing utilities lines and all appurtenances thereto, at the expense of Grantee (the "Utility Improvements"). The Grantee shall exercise the Utility Easement rights granted hereby in a reasonable manner and in compliance with all applicable laws, statutes, ordinances, rules, codes and regulations. The Grantee is prohibited from taking any action that unreasonably interferes with Grantor's use and enjoyment of the Property. 2. Covenants of Grantor and Grantee. Grantor agrees not to build, construct, install or create, nor permit others to build, construct, install or create any landscaping, fences, structure, shrubs/ trees, or other obstructions within the Easement Area that would in any way hinder the access, operation, and maintenance of the Utility Improvements within the Easement Area. Any landscaping to be installed within the Easement Area shall be approved by the City of Ocoee Utilities Department. In addition, no trees shall be installed within ten (10') feet of the Utility Improvements. 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. Any irrigation, sidewalk or pavement installed within the Easement Area that will impede Grantee's ability to maintain or repair the Utility Improvements shall be restored at Grantor's expense. Grantee may at any time, increase its use of the Easement, change the location of water meters, pipes or other facilities within the boundaries of the Easement right of way, or modify the size of existing water meters, pipes or other facilities as it may Grant of Easement Page 187 of 356 determine in its sole discretion from time to time without paying any additional compensation to Grantor or Grantor's successors and assigns, provided Grantee does not expand its use of the Easement beyond the Easement Area boundaries. 3 Limitation of Rights. This Easement Agreement creates a non-exclusive Easement only, and Grantee does not and shall not (at any time) claim any interest or estate of any kind or extent whatsoever in the Easement Area by virtue of this Easement Agreement or Grantee's use of the Easement Area pursuant to this Easement Agreement. 4. Grantor's Reservation of Rights. Subject to the rights created herein, Grantor expressly reserves (to itself, its successors and assigns) the right to use, or grant to others the right to use, any and all portions of the area upon, above, or under the Easement Area and the Property (in Grantor's sole discretion) for any purpose whatsoever not inconsistent with the rights herein granted, including, but not limited to, the right of ingress and egress over and across the Easement Area onto any adjacent or contiguous property; provided, such right does not unreasonably interfere with Grantee's permitted use of the Easement Area pursuant to the terms hereof. 5. Nonexclusive Use. Grantee's use of the Easement Area shall be non-exclusive, to be exercised in common with Grantor, Grantor's agents, invitees, successors, assigns, tenants and grantees. 6. Running with the Land. The Easement shall constitute a covenant running with the land binding upon the Grantee and Grantor, and their successors and assigns. 7. Parties Bound. This Easement and the rights and obligations hereunder shall inure to the benefit and burden of both the Grantor and Grantee and their respective heirs, assigns, and successors in interest. All references herein to a "Party" or the "parties" shall mean the Grantor and Grantee and their respective heirs, assigns and successors in interest, as appropriate. 8. Attorneys Fees. In the event that either party, or its successors in title, institutes legal proceedings against the other party, or its successor in title, to enforce any term of this Easement Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees, paralegal fees, investigative fees and court costs incurred, through all appeals, tribunals, bankruptcy proceedings and collection efforts. 9. Defaults. In the event of a default by any patty or its successors or assigns under this Agreement, the non -defaulting party shall deliver to the defaulting patty written notice specifying the default, and the defaulting party shall have thirty (30) days to remedy the same, failing which the non defaulting party shall be entitled to proceed to cure the default (and shall have a license to do so) by the payment of money or performance of some other action for the account of the defaulting party, or seek damages, specific performance, injunctive relief, and any other legal or equitable remedy on account of such default, provided that each party hereby waives the right to terminate this Agreement, unless agreed to in writing by both Parties, or seek and recover punitive, special and/or consequential damages. All of the remedies permitted or available to a party under this Agreement in law or in equity shall be cumulative and not alternative, and the invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. M Page 188 of 356 10. Governing Law, Venue. This Easement Agreement shall be construed and enforced according to the laws of the State of Florida, with venue lying exclusively in Orange County, Florida. 11. No Warranty, Entire Agreement; Amendment, Termination. Grantor makes no representations, statements, warranties or agreements to Grantee in connection with this Easement Agreement or the Easement Area, other than as set forth herein. The patties hereto agree that the entire agreement between the patties with respect to the Easement granted herein is set forth in this Easement Agreement and there are no further or other agreements or understandings, written or oral, in effect between the patties relating to the subject matter hereof This Easement Agreement may not be amended, modified or terminated in any respect except by a written agreement executed by or on behalf of the parties hereto, in the same manner as executed herein. Remainder of Page Left Intentionally Blank - Signature Page to Follow 3 Page 189 of 356 IN WITNESS WHEREOF, Grantor has executed this instrument on the day of 2025. FINVIRMIff-M Print Name: Address: 4—VI' Print Name: Ajwrw 4 Address: / V,611ZtM FWITJNHVAFOTJ•'� Legacy Homes Florida LLC A Florida limited liability company 2UL W ox-c"P�� aam" Its: The foregoing instrument was ac owledged before me by means of [ vfphysical presence or online notarization, this 1W day of`Z 0 V—t —A,& W, , 2025, by Nicholas Burden, Manager of Legacy Homes Florida LLC. a Florida limited liability company, who is either (a) _ personally known to me, or (b) L/has produced as identification. V- NOTARY PUBLIC PrintRale44UA- My Commission Expires: ffmNO BARBARA LYNN ROMA Notary Public - State of Florida Commission # HH 379439 My Comm. Expires Mar 27, 2027 of- rv� Bonded through National Notary Assn. 4 Page 190 of 356 [" 11.17.1109 V 01 Signed, scaled and delivered in the Presence of Print Name: Address: I N. Blpford Ave. Ocoee, FL 3 4761 By: Print Name: Address: 1 N. Bluford Ave. Ocoee, FL 34761 FIIIW4SK-All W11 1914 1 1 IT THE CITY OF OCOEE, FLORIDA, Approved as to form and legality this — day of 9201 In Richard Geller, City Attorney N mal 9--0- By: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON 20 UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, by means of Ei physical presence or El 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 ,2025. Signature of Notary Name of Notary (typed, printed or stamped) Commission Number (if not legible on seal): Commission expires (if not legible on seat): N Page 191 of 356 Parcel 1 (508 Woodson Avenue) Begin at a point 500.00 feet South of the Northwest corner of the East one half (E 1/2) of the West one half (W 1/2) of the East one half (E 1/2) of the Southwest quarter (SW 1/4) of the Northeast quarter (NE 1/4) of Section 17, Township 22 South, Range 28 East, run thence East 164.13 feet, thence run South 100.00 feet, thence run West 164.13 feet, thence run North 100.00 feet to the point of beginning. Parcel Identification. Number: 17-22-28-0000-00-093 The South 100 feet of the North 500 feet of the East one half (E I/2) of the West one half (W 1/2) of the East one half (E 12) of the Southwest quarter (SW 1/4) of the Northeast quarter (NE 1/4) of Section 17, Township 22 South, Range 28 East. Parcel 3 (524 Woodson Avenue) Parcel Identification Number; 17-22-28-0000-00-039 The South 93 feet of the South 370 feet of the North 400 feet of the E 1/2 of the W 1/2 of the E I2 of the SW r/4 ofthe NE 1 4 of Section 17, Township 22 South, Range 28 East, Orange County, Florida 0 Page 192 of 356 N 0 30 60 TT��y� E W HM I suaysv 1 INCH = 60 FEET S EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION SEC 17, TWN 22 S, RNG 28 E. LEGAL DESCRIPTION A STRIP OF LAND OF 10.00 FEET WIDE FOR PUBLIC UTILITIES PURPOSES; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10.00 FEET OF THE SOUTH 100.00 FEET OF THE NORTH 600.00 FEET OF THE EASTY2 OF THE WEST Y2 OF THE EASTY2 OF THE SOUTHWEST%4 OF THE NORTHEAST%4 OF SECTION 17, TOWNSHIP 22 SOUTH; RANGE 28 EAST, ORANGE COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. NO PROPERTY CORNERS WERE SET OR RECOVERED IN THE FIELD FOR THE PURPOSE OF PREPARING THIS SKETCH. SURVEYOR'S LEGEND PSM = PROFESSIONAL SURVEYOR& MAPPER LB = LICENSED BUSINESS LS = LICENSED SURVEYOR PB = PLAT BOOK PG[S] = PAGE[S) R/W = RIGHT-OF-WAY SEC = SECTION TWN = TOWNSHIP RNG = RANGE PAGE 1 OF 1 NOT VALID WITHOUT OTHER PAGES DRAWN: E1H I CHECKED: FMH I DRAWING: 25-05-039 SKOD I HEREBY CERTIFY THAT THIS SKETCH WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULE 5b17.052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. NOT VALID WITHOUT ORIGINAL SURVEYOR SIGNATURE AND SEAL. Digitally signed {, by Faun ' s'S HQfFmeier Date:2025.09.08 15:54:16-04'00' FAUN M. HOFFMEIER, PSM. SIGNING DATE: 09/08/2025 PID # 17-22-28-0000-00-075 558 WOODSON AVE PID # 17-22-28-0000-00-039 524 WOODSON AVE PID # 17-22-28-0000-00-093 518 WOODSON AVE 10.00, PID # 17-22-28-0000-00-076 508 WOODSON AVE 10.00, PID # 17-22-28-0000-00-046 500 WOODSON AVE Vi LU 0- rn 0 a, Ln a ca z a Z Ln THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OFTHE PERSON, PERSONS, OR ORGANIZATION(S) IDENTIFIED BELOW AND ITS CERTIFICATION IS NON -TRANSFERABLE. ANY COPY HEREOF, TO BE CONSIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BYTHIS FIRM.. COMMENCE LOGISTICS EXHIBIT "A". SKETCH OF LEGAL DESCRIPTION ONLY I NOT A BOUNDARY SURVEY �" "f H & H SURVEY CONSULTANTS, LLC. LICENSE NUMBER: LB8291 :SURVEY 131 W BROADWAY ST, SUITE 1001. CONSULTANTS OVIEDO, FL.32765. 1, I , WWW.HNHSURVEY.COM 1 (407) 542-4977 Page 193 of 356 N EXHIBIT "A" 0 30 60 SKETCH OF LEGAL DESCRIPTION W HRH E SEC 17, TWN 22 S, RNG 28 E. suavEY 1 INCH = 60 FEET S LEGAL DESCRIPTION PID # 17-200-075 A STRIP OF LAND OF 10.00 FEET WIDE FOR PUBLIC 558 WOODSON AVE UTILITIES PURPOSES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10.00 FEET OF THE SOUTH 100.00 FEET OF THE NORTH 500.00 FEET OF THE EAST1z OF THE WEST 1J2 OF THE EAST% OF THE SOUTHWEST Y OF THE I NORTHEASTY4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET; MORE OR LESS, j PID # 17-22-28-0000-00-039 524 WOODSON AVE SURVEYOR'S NOTES 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. NO PROPERTY CORNERS WERE I 10.00# SET OR RECOVERED IN THE FIELD FOR THE PURPOSE OF PREPARING THIS SKETCH. 10.001, iW. PID # 17-22-28-0000-00-093 a� W q SURVEYOR'S LEGEND al o 518 WOODSON AVE 0 c _ PSM = PROFESSIONAL SURVEYOR&MAPPER I� LB = LICENSED BUSINESS LS = LICENSED SURVEYOR PB = PLAT BOOK so.00 IJ PG[SI = PAGE[S] 10.00'Lii R/W = RIGHT-OF-WAY SEC = SECTION Z) rn a) TWN = TOWNSHIP LU W RNG = RANGE > a PID # 17-22-28-0000-00-076 508 WOODSON AVE ('n m ate; za m E I I PID # 17-22-28-0000-00-046 PAGE;1OF 1 500 WOODSON AVE NOT VALID WITHT OTHER PAGES DRAWN:EJHCHECKED: FMH DRAWING:25-OS038SKOD THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS, OR ORGANIZATION(S) IDENTIFIED BELOW AND ITS CERTIFICATION IS I HEREBY CERTIFY THAT THIS SKETCH WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE NON -TRANSFERABLE. ANY COPY HEREOF, TO BE CONSIDERED VALID, MUST BE STANDARDS OF PRACTICE AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BYTHIS FIRM. 51-17.052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. NOT VALID WITHOUT ORIGINAL SURVEYOR SIGNATURE AND SEAL. COMMENCE LOGISTICS a Digitally signed by EXHIBIT "A". OF LEGAL DESCRIPTION ONLY NOT A BOUNDARY SURVEY Faun Hoffineier date: ��25 �`"'f H & H SURVEY CONSULTANTS, LLC. r „ LICENSE NUMBER: LB8291 5. 5e56 -04'00' 131 W BROADWAY ST, SUITE 1001. .SURVEY FAUN M. HOFFMEIER, PSM. CONSULTANTS pV1ED0, FL32765. t I % WWW.HNHSURVEY.COM ( (407) 542-4977 SIGNING DATE: 09/08i2025 LS 6552 Page 194 of 356 N 0 30 60 W 4HIM� E1 INCH = 60 FEET S EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION SEC 17, TWN 22 S, RNG 28 E. LEGAL DESCRIPTION A STRIP OF LAND OF 10.00 FEET WIDE FOR PUBLIC UTILITIES PURPOSES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10.00 FEET OF THE SOUTH 93.00 FEET OF THE NORTH 400.00 FEET OF THE EAST z OF THE WEST 1/2 OF THE EAST h OF THE SOUTHWESTY4 OF THE NORTHEAST f4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. CONTAINING 930 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. NO PROPERTY CORNERS WERE SET OR RECOVERED IN THE FIELD FOR THE PURPOSE OF PREPARING THIS SKETCH. SURVEYOR'S LEGEND PSM = PROFESSIONAL SURVEYOR & MAPPER LB = LICENSED BUSINESS LS = LICENSED SURVEYOR PB = PLAT BOOK PG[S] = PAGE[S] R/W = RIGHT-OF-WAY SEC = SECTION TWN = TOWNSHIP RNG = RANGE PAGE 1 OF 1 NOT VALID WITHOUT OTHER PAGES DRAWN: EJH I CHECKED: FMH I DRAWING: 25-05-037 SKOD I HEREBY CERTIFY THAT THIS SKETCH WAS MADE UNDER MY RESPONSIBLE. CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULE 5J-17.052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. NOT VALID WITHOUT ORIGINAL. SURVEYOR SIGNATURE AND SEAL. Digitally signed r, by Faun HofFmeier } Date:2025.09.08 15:55:28 -04'00' FAUN M. HOFFMEIER, PSM. SIGNING DATE: 09/08/2025 LS 6552 PID # 17-22-28-0000-00-075 558 WOODSON AVE 10.00' PID # 17-22-28-0000-00-039 524 WOODSON AVE 10.00, PID # 17-22-28-0000-00-093 518 WOODSON AVE PID # 17-22-28-0000-00-076 508 WOODSON AVE PID # 17-22-28-0000-00-046 500 WOODSON AVE 3 I 10.00'I f �z. 'W w �a w o � o J rn�F rn 0 U . � rn UJ LrJ > °- CL Qi� 0 cn 0 b �Io Cn w CL ff, ® m J cD vi °- >- a Z do THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS, OR ORGANIZATION(S) IDENTIFIED BELOW AND ITS CERTIFICATION IS NON -TRANSFERABLE. ANY COPY HEREOF, TO BE CONSIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. COMMENCE LOGISTICS I EXHIBIT "A". SKETCH OF LEGAL DESCRIPTION ONLY I NOT A BOUNDARY SURVEY H & H SURVEY CONSULTANTS, LLC. LICENSE NUMBER: LB8291 >SURVEY� 131 W BROADWAY ST, SUITE 1001. CONSULTANTS OVIEDO, FL32765. /i"%% WWW.HNHSURVEY.COM 1 (407)542-4977 Page 195 of 356