HomeMy WebLinkAboutItem #03 Approval of Lift Station #7 and Forcemain Relocation - Temp. Construction Easements
AGENDA ITEM COVER SHEET
Meeting Date: February 17, 2009
Item # .3
Contact Name:
Contact Number:
Charles K. Smith, P.E.
407 -905-3159
Subject: Lift Station #7 and Forcemain Relocation - Temporary Construction Easements
Background Summary: Previously, City Commission approved the State Road 50 Forcemain project,
which included the refurbishing of Lift Station #7 to be subsequently relocated and reconstructed 875 feet
north and just west of the existing Richmond Avenue. The revised work consisted of elevating the new lift
station site and constructing a deep gravity line/manhole system from the old lift station to the new site. The
work will require transitional grading around the new station site and restoration along the gravity line due to
construction disturbance extending onto the private property. In order to perform that work and utilize the
affected private property, the property owners have agreed to grant the City a Temporary Construction
Easement. The necessary easements and the respective property owners are identified and described by
the following and attached sketches:
Lake Bennett Village, Inc.l Charles E. Hawthorne Sketch 1
McCormick Road, LLC Sketch 2 & 3
Win-OcoeelWilliam Colburn Sketch 4 (north section)
McCormick Road, LLClWin-Ocoee Sketch 5 (south section)
Also attached is the Temporary Easement for Win-OcoeelWilliam Colburn, which is typical and common but
for name changes of the other easements..
Issue: Should the City Commission authorize the Mayor to execute temporary construction easements for
the relocation of Lift Station #7?
Recommendations:
Motion to approve Mayor to execute the four (4) Temporary Construction Easements needed for the Lift
Station #7 Relocation from the property owners; Lake Bennett Village, Inc.lCharles E. Hawthorne, Win-
OcoeelWilliam Colburn, McCormick Road, LLC and McCormick Road, LLClWin-Ocoee.
Attachments:
The five (5) Legal Sketches and the Temporary Easement form for Win-OcoeelWilliam Colburn.
Financial Impact:
This action does not directly have a fiscal impact.
Type of Item: (please mark with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
1
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 ( )
N/A
N/A
N/A
2
TIDS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
(SR 50 Force Main Project)
(Parcel 6)
For Recording Purposes Only
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this
"Easement Agreement") is made and entered into this day of February 2009, by and
between Win-Ocoee, Ltd. a Florida limited partnership, whose address is
, and William E. Colburn, whose
address is (hereinafter collectively
referred to as "Grantor"), and the CITY OF OCOEE, FLORIDA, a Florida municipal
corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, (hereinafter
referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, Grantor is the owner of that certain real property located in Orange
County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey
to Grantee, a non-exclusive temporary easement over, upon and across the Easement Property for
the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms
and conditions set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The above recitals are true and correct, form a material part of this Agreement and are
incorporated herein by reference.
2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a non-exclusive
temporary easement over, upon and across the Easement PropeTt):' for the purposes hereinafter
stated (the "Easement"), all subject to the terms, conditions and limitations set forth herein.
3. Grantor hereby warrants and guarantees to Grantee that Grantor has fee title to the
Easement Property, subject to easements, reservations, restrictions and rights-of-way ofrecord, if
ORLA_1238328.2
any, and that Grantor has full power and authority to grant the Easement as to the Easement
Property .
4. Grantee's use of the Easement Property shall be for the purpose of Grantee, through
itself, its agents, contractors, consultants and employees performing such activities on the
Easement Property as Grantee may deem reasonably necessary in connection with the design,
engineering and construction of certain lift station, force main and sewer improvements
(collectively, the "Improvements"), which are to be located adjacent to and in the vicinity of the
Easement Property.
5. The Easement is non-exclusive, and Grantor reserves to itself, its successors and
assigns, the non-exclusive right to use, pass and repass over and upon the Easement Property.
Each party shall use the rights granted and reserved by this Easement Agreement with due regard
to the rights ofthe other party to use and enjoy the Easement Property.
6. The Easement shall terminate upon completion of the construction of the
Improvements as certified by the City. Upon termination of this Easement, Grantee shall record
a Notice of Termination in the Public Records of Orange County, Florida.
7. Grantee shall, at its sole cost and expense, restore any improvements on the Easement
Property that are damaged by Grantee incident to its construction of the Improvements to a
condition that approximates as closely as is reasonably practicable the condition of said
improvements prior to being damaged by Grantee. In the event the Grantee fails to restore any
Improvements damaged by Grantee or commence restoration thereof within thirty (30) days
following written demand from the Grantor, then in such event the Grantor may proceed to
restore such Improvements damaged by Grantee in which case the Grantee shall reimburse
Grantor for the cost thereof upon receipt of documentation from Grantor with respect to such
costs.
8. To the extent permitted by law, Grantee agrees to indemnify and hold harmless
Grantor from and against any and all claims, actions, causes of action, loss, damage, injury,
liability, cost or expense, including without limitation attorneys' fees and paralegal fees (whether
incurred before, during or after trial, or upon any appellate level), arising from Grantee's use of
the Easement Property or from the exercise by Grantee of any rights granted by this Easement
Agreement.
9. This Easement Agreement shall be binding upon and inure to the benefit of the parties
specified herein, their respective legal representatives, successors and assigns, and the benefits
and burdens hereof shall run with the Easement Property.
10. This Easement Agreement may be modified or amended only upon the mutual written
consent of Grantee and Grantor, or their respective legal representatives, successors and assigns.
rREMAINDER OF PAGE INTENTIONALLY LEFT BLANKl
ORLA_1238328.2
-2-
IN WITNESS WHEREOF, the parties have caused this Easement Agreement to
be executed as of the day and year first above written.
Signed, sealed and delivered in the
presence of:
GRANTOR:
Win-Ocoee, Ltd.,
a Florida limited partnership
By:
Print Name:
Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared
as of Win-Ocoee, Ltd., a Florida limited
partnership, that slhe acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in herlhim by said company. Slhe
[ ] is personally known to me, or [ ] produced as
i den tifi cati on.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if no legible on seal):
My commission Expires (if not legible on seal):
ORLA_1238328.2
-3-
Signed, sealed and delivered in the
presence of:
GRANTOR:
By:
William E. Colburn
Print Name:
Print Name:
STATE OF_FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared WILLIAM E.
COLBURN, that he acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily. He [ ] is personally known to me, or [ ] produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifno legible on seal):
My commission Expires (if not legible on seal):
ORLA_1238328.2
-4-
Signed, sealed and delivered in the
presence of:
CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Print Name
Attest:
Beth Eikenberry, City Clerk
Print Name
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality this
day of ,2009.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2009 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, 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 , 2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_1238328.2
-5-
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EXHIBIT "A"
(The "Easement ProDertv")
{See attached sheets 7
ORLA_1238328.2
-6-
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A . FLORIDA UCEHSEf) SURKYat AND lW'PER. ".. I
2. w.cs SHOlIN HEREON _ ~T A8S1RAClEJ) FOR RIQHTS OF WAY, ( ~ \ I
EASSQl7S, OlNRSHlP. OR OTHER MlIUIENlS OF m:DRO. BY THIS \ \.i ~~ \
FIRIL \ s'(~ \ I
J. BEARtIQS SHOWN H!1fEOH AIlE BASED CJI lHE FOU.O~ lHE EAST \
RIGHT OF WAY IJN[ OF IfICHIIOND AK. AS BEING H00'07'5f"E (ASSUMED). \
of. MS IS HOT A 8aIHlMRY SUIMY. \
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30.00'
DESCRIPTION: (JO' 'TEMPORARY CONSTRUcnON EASEMENT)
THAT PORnON OF' THE SOUTHEST '/4 OF' SECnON 20. TOWNSHIP 22
SOUTH, RANGE 28 EAST. ORANGE COUNTY, FLORIDA. BEING MORE
PARnCULARL Y DESCRIBED AS FOLLOE;
A 3D FOOT tWDE STRIP OF' LAND LYING ADJACENT TO THE EAST UNE
OF'RlCHMOND AVENUE (A 3D FOOT RIGHT OF' WAY). LYING NORTH OF'
THE EXlsnNG NORTH RIGHT OF' WAY UNE OF' MAINE STREET TO THE
NORTH RIGHT OF' WAY UNE OF' PROPOSED MAINE STREET.
MAINE STREET
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JOB NUMBER: 08068.000
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SUR\€'ItIRS NOTES:
I. NOT VALID "THOUT JH[ SIGNATURE AND JH[ ORIGINAl. RAISED SEAl. OF
A FLORIDA LfC[HSED 5UIM'l'OR AND tIAPP[R.
2. l.AHOS SHOIIH HERtON lIERt NOT A8SJRAC1ED FOR RIGHTS OF IYA Yo
EASEIIENTS, OllHERSHP, OR OTHER IHSTJMIEHTS OF 1lECCRD. BY THIS
F/RM.
J. BEItRIHGS SHOIlN HEREON ARE BASED ON 7H! FlX.l.OtlWG: JH[ NORTH
UN! OF THE SOCITHllnT 1/4 OF SECTION 2O-22-a AS BEING
SU22'J2"E (ASSWED).
4. THIS IS NOT A BOUNDARY SURWY.
NORTH UNE OF PROPOSED
MAINE STREET
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DESCRIPTlON: (TEMPORARY CONSTRUCTION EASEMENT)
THA T PORTlON Of' THE SOUTHWEST 1/4 OF' SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, F'LORIDA, BEING MORE PARTICULARLY
DESCRIBED AS F'Ot.LOWS: .
COMMENCE A T THE: NORTHWEST CORNER OF THE SOUJHWEsr 1/4 OF SECTION 20:
THENCE: RUN S88"22'J2-E ALONG THE NORTH UN[ OF' THE SOUTHWEST 1/4 OF'
SECTION 20, 1J28.65 FEET TO THE MEST RIGHT OF' WA Y LINE OF' RICHMOND
AVENUE (A 30' RIGHT OF' WA~ THENCE RUN 5OO'07'51"W ALONG SAID MEST LINE,
999.85 FEET FOR THE POINT OF' BrGlHNING; THENCE RUN 564"52'.50-'" 88.30
FEeT: THENCE RUN 525'07'10"[', 187.22 F'[[T TO THE: AFORESAID WEST RIGHT OF'
WAY LINe: JHENCE RUN SOO'07'.51-W ALONG SAID EST UNE, 131.48 FEET TO THE
NORTH RIGHT OF' WAY UNE OF'IINNE SJRa'T: THENCE RUN N88"58'4:i"W ALONG
SAID NORTH UNE, 25.00 FEET; THENCE: RUN Noo'07'51"E, 81,JJ FEET: THENCE:
RuN N25'07'10"w. 25J.42 FEn; THENCE RUN NH'S2'50"E, 147.16 FEn TO THE
AF'MrSAlO EST RIGHT OF' WAY LINE; THENCE RUN 5OO'07'51"W ALONG SAID EST
LINE, 44.2J FEn TO THE POINT OF' BEGINNING.
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ARCH D. 8ISHIIAN. P.SJL I'l.ORIIA /lfGlSlRATION NO. _ caf7IRCAlr OF AlJ7HORIVolJOH 1.8 7274
JOB NUMBER: 08068.000
SKET~H 3
SOUTH RIGHT at WAY MAINE STREET
L UNE at MAINE STREIT
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DESCRIPTION: (30' TEMPORARY CONSTRUCnON EASEMENT)
THAT PORRON or THE SOU1HIEST 1/4 or SEcnON 20. TOWNSHIP
22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. BEING
MORE PARnCULARL Y DESCRJBED AS FOlLOWS:
A JO FOOT WIDE: STRIP OF' LAND LYING ADJACE:NT TO THE EAST
UNE or THE VACATED RIGHT OF' WAY OF' RICHMOND AVE (A 60
FOOT RIGHT or WAY), LYING SOUTH OF' THE ExrsnNG SOUTH RIGHT
or WAY UNE OF' MAINE STREET TO A UNE 610 FEU SOUTH OF
SAID SOUTH RIGHT OF WAY UNf.
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SlIRIIE'r'ORS HOTES:
I. HOT VALl) IWlHOUT 7HE: SJGNA lURE AND THt ORIGINAL RAIS[I) SE'AL OF
Ii FLaaoA UCEHSED SUR\oOtW AND WAPPER.
2. LANDS SHOWN HEREON IlPE HOT ABSIRACJED FOR RIGHTS OF WAY,
EASaI~ OI1tDSHlP. OR OTHER IHS1RIJtIf1ITS OF RECORD. BY' THIS
FIRIL
J. BEARfH(1S SHOWN HEREON ARE BASED ON 1HE FDLLOIWHG: THt IlE'ST
RIGHT OF WAY LINE OF RJOIJIOND AIlE. AS 8ElHG SOO"OJ'07"W (ASSWED).
of. 'IHtS IS HOT A 80lJHDARY SURKY.
UFTSJ. TlON
IMPROrENTS
S8B~'~.E
130.00'
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APPINQ.IC
ARON 0. 85HIIAH. P.SJL FLORIDA REGf5lRAlJOH NO. .. CER1lI'lCAlE 01' AUTHORIZATION UJ 727.
JOB NUMBER: 0806&000
SKETCH 4-
SOUTH RIGHT OF WAY MA/~E STREET
--------L:~O:':: s7Rrr~_ N~~~~.W ~
SKETCH OF DESCRIPTION
DESCRIPTION: (10' TEMPORARY CONSTRUCTION EASEMENT)
THA T PORTION OF THE SOUTHIEST 1/4 OF SECTION 20, TOWNSHIP
22 SOUTH, RANGE 28 EAST, ORANGE COUNTY. FLORIDA, BEING
MORE PMTlCULARL. Y DESCRIBED AS FOLLOWS;
A 10 FOOT *DE STRIP OF LAND LYING ADJACENT TO THE WEST
LINE OF THE VACAJE'D RIGHT OF WAY OF RICHMOND AYE' (A 60
FOOT RIGHT OF WAY,), l. YlNG SOUTH OF THE EXISTING SOUTH RIGHT
OF WA Y UNE OF MAINE STREET TO A UNE 590 FEET SOUTH OF
SAID SOUTH RIGHT OF WAY UNE.
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SUR\€YORS HOlES:
I. HOT VALlO ",UHOUT 'THE SlGHA1URE AND JHE ORIGINAL RAISED SEAL OF
A FLORII)A LICENSED SUR~Yaf AND IIAPPER.
2. LANDS SHOIlN HEReON Itt'RE' HOT ABSlRAClED FOR IfI(1H1'S OF WA Yo
EASalEH7S, 0ItNERSHIP. OR OTHER INSTIMIENTS (F RECORD. BY 7HlS
FIRM.
.J. EARlNGS SHOIlN HEREON ARE BASED ON THE RX.L.OMHG: H lEST
RIGHT OF WAY UHC OF RICHItfOHD AIIE'. AS BEING socroJ'Orw (ASSUAIED).
.. THS IS HOT A BOUHOARY SUIM:Y.
UFTS~ TlON
IMPRO 1 tAENTS
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APPlNO., NO.
AROH D. BISHIIAN, ,.." l'1..ClIfIIM RmS1RA'IIOH NO. .. CER1lI'1CA7E OF AU7HORIZAllOH I.B 7274
JOB NUMBER: O80B8.ooo
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SKETCH 5
SOUTH RIGHT OF WAY MAIJ:fE STREET
________L:~~::STR~~_ N~~~.W.~
DESCRIPTION: (JO' TrMPORARY CONSTRUCTION EASEMENT)
THA T PORTION OF THE SOUOOtEST V4 OF SECTION 20, TOWNSHIP
22 SOUTH, RANG( 28 EAST, ORANG( COUNTY. FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOlLOWS:
A JO FOOT WIDE STRIP OF LAND L YfNG ADJACENT TO THE WEST
LINE OF' THE VACA7E'D RIGHT OF WAY OF RICHMOND AVE' (A 60
FOOT RIGHT OF WAY), LYING SOUTH OF THE EXISTING SOUTH RIGHT
OF' WAY UNE OF MAIHE STREET ro A UHE 590 FEET SOUTH OF
SAID SOUTH RIGHT OF WAY UHf.
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10.00'
60.00' I
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SUIM:YORS HOlES:
I. HOT VALID IWrHOUT THE: SIGNA 'lURE AHO THE: ORlCIHAI. RAISED SEAl. OF
A FLORIDA LICENSED SURlof.'YOIf AND IIAPPER.
2. LANDS SHOWN HEREON KRE: HOT ABSlRAClED FOR RIGHTS OF WA Yo
EASalENlS, OIlN!RSHIP. OR OltER IHSTRtJIIEHTS OF RECORD, BY THIS
FIRt.f.
3. BEARJHGS SHOIIN HEREON All[ BASED ON 7Hf: RII.L.OMHG: 7HE EST
RIGHT OF WAY IJHE OF RlCHMOHD Alot'. AS BE1HQ SOOtI.3'07"W (ASSUMED).
4. THIS IS HOT A BOlJHDARY SlJRlof.'Y.
UFTs!llON
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AROH D. BISHIIN4 P.s.af. fLORIDA RmSlRA'/rcW NO. .. CD1I'JCAlr OF AlJlHOR/ZAllOH LB 727,(,
JOB HUMBER: 08068.000