HomeMy WebLinkAboutEmergency Item - Ocoee Carrier Annex for the U.S. Postal Service (USPS)
AGENDA ITEM COVER SHEET
Meeting Date: August 18, 2009
Item# ~~Y r-f&n
Reviewed By: ~'/' I / /J
Contact Name: David Wheeler Department Director: 'f. :?t.(/ A
Contact Number: X 1504 City Manager: _ ~t: __
Subject: Ocoee Carrier Annex for the U.S. Postal Service (USPS)
Issue:
The issues include acceptance of a Quit Claim Deed for additional right-of-way; approval of and
authorization for the Mayor and City Clerk to execute the Easement Agreement; and approval of and
authorization for the Mayor and City Clerk to execute the Termination of Development Agreement
associated with the Ocoee Carrier Annex development.
Background Summary:
Ocoee Carrier Annex is located at 425 Ocoee Apopka Road immediately south of Whisper Winds
Landscaping and north of Sendero de Luz Church. The development currently provides for the Annex
building and includes a vacant piece of property fronting Ocoee Apopka Road. The vacant property
allows for future development.
The City will provide potable water service, wastewater treatment services, reclaimed water service upon
availability, and emergency stormwater system overflow to the Pioneer Key Regional Pond. The Lift
Station and associated force main will remain non-City owned and be maintained by the USPS. The
force main is located in the 50' Access and Utility Easement and extends along Ocoee Apopka Road to
Palm Drive.
Staff requested a 50' wide Access and Utility Easement (Exhibit A to the attached Easement Agreement)
which will allow City access to service the potable water main and meters located on site. The 15' wide
Drainage Easement is needed in order to facilitate the future connection of the Pioneer Key II drainage
system to the Pioneer Key Regional Stormwater Pond north of Palm Drive (Exhibit B to the attached
Easement Agreement).
City staff also requested additional right-of-way in anticipation of the widening of Ocoee Apopka Road.
The USPS has provided the attached Quit Claim deed to accommodate the dedication of the requested
35' of right-of-way.
The USPS has requested termination of the existing Development Agreement which was executed with a
previous property owner/developer in 1988. In accordance with the requested termination, attached is a
Termination of Development Agreement for Commission approval.
1
Recommendations:
Recommend the City Commission approve and authorize the Mayor and City Clerk to execute the
Easement Agreement and Termination of Development Agreement and approve the acceptance of the
Quit Claim Deed.
Attachments:
Easement Agreement including Exhibits A and B
Quit Claim Deed for Additional Right-of-Way
Termination of Development Agreement
Financial Impact:
N/A
Type of Item: (please marl< with an 'x'J
Public Hearing
== Ordinance First Reading
Ordinance Second Reading
Resolution
x Commission Approval
- Discussion & Direction
For Clerl<'s Deat Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
x 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
THIS INTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Carrie M. Branson
Attorney, Facilities and Environmental Law
United States Postal Service
P.O. Box 66640
St. Louis, MO 63141-0640
(314)872-5178
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this day of July. 2009. by
and between the UNITED STATES POSTAL SERVICE, 1735 N. Brown Rd, Suite
200, Lawrcnceville, GA 30043, (hereinafter referred to as "Postal Service") and THE
CITY OF OCOEE, FLORIDA, a municipal corporation duly created and existing under
and by virtue of the laws of the State of Florida, whose address is 150 North Lakeshore
Drive. Ocoee, Florida 34761, (hereinafter referred to as "City").
(Whenever used herein the terms "Postal Service" and "City" shall include all the
parties to this instrument and the heirs, legal representatives and assigns of individuals.
and the successors and assigns of corporations, partnerships (including joint ventures).
public bodies and quasi-public bodies.)
WITNESSED: That for and in consideration of the sum ofTen Dollars ($1 0.0(l)
and other valuable considerations in hand paid to the Postal Service by the City, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
The Postal Service does hereby grant, bargain, sell and convey to the City, its successors
and assigns forever, a non-exclusive easement and right-of-way for ingress and egress to
the adjacent lift station and for utility and drainage purposes, with full authority to enter
upon, excavate, construct, repair and maintain, as the City and its assigns may deem
necessary, electrical poles, telephone poles, wires, guy wires and appurtenances, water
pipes, sewer pipes, drainage pipes, gas pipes and mains, and any other related facilities
over, under, upon and through the following-described lands situate in the County of
Orange. State of Florida, to wit:
SEE EXHIBITS 04 A" (Access & Utility Easement) & "B" (Drainage
Easement) A IT ACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE (the "Easement Areas")
TO HAVE AND TO HOLD said easement and right-of-way unto said City and its
assigns forever.
The City and its assigns shall have the right to clear, keep clear and remove from
said Easement Areas all trees, undergrowth, and other obstructions that may interfere
with location. excavation, operation or maintenance of the utilities or any facilities
installed thereon by the City and its assigns, and the Postal Service, its successors and
assigns, agree not to build, construct or create any buildings or other structures on the
Easement Areas that may interfere with the location, excavation, operation or
maintenance of the utilities or any facilities installed thereon. Notwithstanding the
issuance of any permit to construct a fence or other structure, the Postal Service
recognizes and consents to the right of the City or an authorized utility company if
applicable to remove the fence or other structure from the Easement Areas without
compensation or reimbursement to the Postal Service if the fence or other structure is
deemed to impede the purpose or utility of the easement.
The City covenants and agrees that all water and wastewater lines and utilities installed
within the easement area by the City, other than lift stations, will be installed
underground and out of view.
In connection with the exercise of its rights under the easement, City warrants that City
will make every reasonable effort to minimize the intrusion upon Postal Service's
property and to minimize the disruption of any business conducted thereon.
By accepting this Easement, the City represents and warrants to the Postal Service that
upon completion of any construction, installation, removal, repair, maintenance,
improvement, or alteration, the City shall restore the Easement Areas to a safe, clean, and
reasonably level condition, and shall repair and replace all pavement. To the extent that
any landscaping or improvements other than pavement have been placed upon the
Easement Areas, the City shall not be responsible for repairing or restoring such
landscaping or other improvements.
The Postal Service shall be responsible for maintenance and upkeep of the Easement
Areas and all costs and expenses thereof. Such maintenance shall include, but not be
limited to, mowing, trimming, cutting, removal and clearing of grass, debris, weeds.
underbrush, trees, overhanging limbs and branches as deemed necessary and appropriate
by the Postal Service and shall be performed at such times as detemlined by the Postal
Service.
The City. by acceptance of this Easement, agrees for and on behalf of itself, its agents,
servants. employees, invitees, and contractors who may at any time use, occupy, visit, or
maintain said Easement herein created that the Postal Service, its successors and assigns,
shall not be responsible for damage or loss to property, injuries, or death which may arise
from or be incident to the use and occupation of the Easement Areas as granted herein to
the City, its agents, servants, employees, invitees, and contractors.
To the extent permitted by law, the City, by acceptance of this Easement, agrees to
defend, indemnify and hold the Postal Service, its successors, and assigns harmless
against any and all claims, demands, damages, costs, expenses. and legal fees for any
loss, injury, death, or damage to persons or property which at any time is suffered or
sustained by Postal Service, its employees, the public, or by any person whosoever may
2
at any time be using, occupying, visiting, or maintaining the property that is the subjel:t of
said Easement, or be on or about the property that is the subject of said Easement. when
such loss, injury, death, or damage is caused by any negligent act or omission or
intentional misconduct of the City or its agents, servants, employees, invitees. or
contractors. In case of any action or proceeding brought against the Postal Servil:e. by
reason of such a claim, upon notice from the Postal Service, the City covenants to defend
such action or proceeding to the extent permitted by law. The Postal Service shall not be
liable and to the extent permitted by law, the City waives and releases the Postal Service
from all claims for damage to persons or property sustained by the City or its employees.
agents, servants, invitees, contractors, or licensees resulting by reason of the use of the
Easement.
The City agrees that it shall not use the Easement in a manner that unreasonably
interferes with use by Postal Service. To the extent practicable, the City agrees
throughout the duration of this Easement to provide the Postal Service, its employees.
customers, and the public with continual and uninterrupted access to the Postal Facility.
Postal Service agrees not to build, construct, or create, nor permit others to build,
construct or create any buildings or other structures on the Easement Areas that may
interfere with the use of the Easement Areas for the purposes set forth herein or with the
normal operation or maintenance of the drainage system and other related appurtenances
except in accordance with the Final Site Plan for the Ocoee Carrier Annex Building
received by the City ofOcoee on April 23,2009.
Postal Service reserves the right to use the Easement Areas for any purpose not
inconsistent with the rights herein granted.
Postal Service expressly retains and reserves unto Postal Service, it's heirs, successors,
administrators, and assigns, the full use, benefit, and enjoyment of the described land in
conjunction with the use of the City and the right to convey such other Easements over,
across, under, and through said land as Postal Service deems appropriate that do not
prevent, hinder, or conflict with the City's use of the Easement.
Upon abandonment of this Easement, the City agrees to give notice of such abandonment
to the Postal Service. Upon request, and if the City has no further need for the Easement,
then the City shall execute a Notice of Termination of the Easement which notice the
Postal Service shall have recorded in the Public Records of Orange County, Florida.
IT WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this Easement Agreement to be executed as of the day and year first above
written.
[SIGNATURE PAGES FOLLOW]
3
UNITED STATES POSTAL SERVICE:
, //./'/'
'-:). .' I,.
j .' ".' ,. -,'_oj
By" " I~ '.' f . //,7,/ C", ~ --;7
. C /, ~I l<(/l./ / (i?Vr;?~-c.--r.--VP
R'usse Lawrt.;te
Contracting Officer
Southeast Facilities Service Office
1735 N. Brown Rd, Ste 200
Lawrenceville, GA 30043-8153
j::j((-
,xI~ /I. t~lr"
Printed Name: 'J~bcr",h /I. bt:..,l,~/S
STATE OF GEORGIA
COUNTY OF GWINNETT
/J The foregoing instrumen
Uu~ ,2009 by
Unite tates Postal Service
as acknowledged before me this /~ay of
" , Contracting Officer of the
he is personally known to me.
SEAL
i
I
Name of Notary (Typed, Printed or Stamped)
Commission Number:
My Commission E~aY!/IIIII',;
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CITY OF OCOEE. FLORIDA
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of
,20_
FOLEY & LARDNER LLP
By:
City Attorney
CITY OF OCOEE, FLORIDA
By:
s. Scott Vandergrift, Mayor
A ITEST:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,20_
UNDER AGENDA ITEM NO.
5
ST A TE 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 acknowledgements, personally appeared S.
SCOTT V A.1'JDERGRIFT and BETH EIKENBERRY, personally known to me to be
the Mayor and City Clerk, respectively, of the CITY OF OCOEE 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 arc personally
known to me.
WITNESS my hand and official seal in the County and State last aforcsaid this
_dayof ,20_.
Signature of Notary
Name of Notary (typed, printed or stanlJX-'t.!)
Commission Number:
6
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THIS INTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Carrie M. Branson
Attorney. Facilities and Environmental Law
United States Postal Service
P.O. Box 66640
St. Louis, MO 63141-0640
(314)872-5178
STATE OF FLORIDA
COUNTY OF
QUITCLAIM DEED
THIS INDENTURE, made this
day of
, 2009, by and between the
UNITED STATES POSTAL SERVICE, an independent establishment of the executive branch
of the Government of the United States with an address at 1735 N. Brown Road, Suite 200,
Lawrenceville, Georgia 30043, as party or parties of the first part (hereinafter called Grantor),
and the CITY OF OCOEE, a Florida municipal corporation with an addrcss at ] 50 North
Lakcshore Drive, Ococe, Florida 34761, as party or parties of the second part (hereinafter called
"Grantee"), (the terms "Grantor" and "Grantee" to include their respective heirs, successors and
assigns where the context hereof requires or permits).
WITNESSETH that: Grantor, for and in consideration of the sum of TEN AND
NOll 00 DOLLARS ($10.00), and other good and valuable consideration, in hand paid at
and before the scaling and delivery of these presents, the receipt, adequacy and
sufficiency of which being hereby acknowledged, has granted, bargained, sold and does
by these presents bargain, sell, remisc, release and forever quitclaim to the Grantee. its
heirs and assigns, all the right, title, interest, claim or demand which the Grantce has or
may have had in and to the following described property:
Page 1 of 3
SEE EXHIBIT "A" (Additional Right of Way), ATTACHED HERETO AND
INCORPORA TE HEREIN BY REFERENCE
TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the
rights, members and appurtenances thereof, to the same being, belonging, or in any wise
appertaining, unto the Grantee, its heirs and assigns, so that neither the Grantor nor its heirs, nor
any other person or persons claiming under it shall at any time claim or demand any right, title or
interest to the aforedescribed premises or its appurtenances.
IN WITNESS WHEREOF, Grantor has signed and sealed this Quitclaim Deed dlective
as of the day and year first above written.
UNITED STAT~S PO~~VICE
"Grantor'" // /' . / i
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By'.. A / ~// >/ff?:??~"/;;?'~-'Z:;:::z:~/
. /! / i/ .'/ ~ .4/ p~'
-' . /Itussell blW(ence
Contracting Officer
Signed, sealed and delivered
in the prcsence of:
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Print Name:t)4Z.64,.....,; //. L (A~/~
ST ATE OF GEORGIA
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COUNTY OF GWINNETI
On is /~day of ~, 2009, personally appeared before me ..
- wi ru,c e. , who being by me duly sworn, did say thalhc)~ represents the
U ited States Postal Service, and acknowledged to ~.that, acting under a delegation of authority duly
given and evidenced by law and presently in effect&# executed said instrument as the act and deed
of United States Postal Service for the purposes therein mentioned.
My commission expires:
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Page 2 of 3
SKETCH OF DESCRIPTIO~
DESCRIPTION
A.CDITIONAL RIGHT-OF - WA Y
COMMENCE: AT Ti..1E NORT.'-iWE:5T CORNER OF THE WEST 1/2 OF
T;";= SOUTi-IWE::T 1/4 OF THE NORTHEAST 1/4 OF SECTION rE,
TOWNSHIP 22 SOUTH, RANCE 28 EAST, ORANGE COUNTY,
FLORIDA; PUN THENCE SOC'09'48"E ALONG THE WES' UNf OF
THE: SOUTHWEST 1/4 OF THE NORTrlEAST 1/4 OF SAID SECTION
18 A DISTANCE OF .35.19 FEET; THENCE N89'20'18"E A
DISTANCE OF 25.36 FEET TO A POINT ON THE EXISTING EAST
RIGHT-OF-WAY LINE OF OCOEE-APOPKA ROAD ALSO KNOWN AS
COUNTY ,r:WAD 437 FOR A POiNT OF BEGINNING; THENCE
CONTINUE ,'1139'20'18"[ A DISTANCE OF 35.00 FEET; THENCE
500'16'2/"[ A DISTANCE OF 350.13 FEET; TH[NCE S89'19'20'W
A DISTANCE OF 35.00 FEET TO A POINT ON SAID EXfSTlNG EAST
r~/GHT-OF-WAY UNE; THENCE NOO'1S'21"W ALONG SAID EXISTING
EAST RIGHT-OF-WAY LINE A DISTANCE OF 350.14 FEET TO THE
POINT OF BEGINNING,
CONTAINS: 12,255 SQUARE FEET OR 0.2813 ACRES MORE OR
LESS.
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0""' NW CORNEr?, WEST 1/2,
, SW.1/4. NE.l/4, _..
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THIS SKETCH IS NOT A BOUNDARY SUR\oTY.
PREPARED FOR: DAVE SCHum ENGINEERING, INC.
rA.tN' I~ T' A Nt IF T IJ. /.:
~iS Si"rrCH /.IfZiS ';HF "MINI/,IUM TE:::HNICAL
i;:~;;;::&:~.~;';E~!~~l~~ jttl/lt'Jf fllfJilf
J ~------=:::=::7~_;;::;z-- = of. Orlando Inc., LE 4475 ~
. P', '" ~.. _ il 2012 E, Robinson St.
r JAME~ D. BRM r;:,M 'JoO I / \ Orlando, Florida 328C3 I
. 'NOT V}l!C W1iHOIJi li'.f ml~TlJif:: JoNt Trlt 0ilIGIIIJJ. R4SCD (40N) 894 6'314
::i:-'L (F THI! F'wr.!Dt. Li:r.'lS!'Ji S:J/\I(yt;;' Al/D HA"C!,p.. ' I.. 1_
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!'C - IICft;;- OF :::H::V,\';l)FIf P4:lJ - i':->.i & ilfI,SUiI::D
DOE - POINT OF a~jHutNG P::C - .o~~j 0:- C::wJriEN:cM~N":"
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U! - Lr:lurr <ASi:l.lr.'F W'" - we::>::> :;Nee
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THIS INSTRUMENT PREPARED BY
A.1"1D SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
For Recording Purposes Only
TERMINA TION OF
DEVELOPMENT AGREEMENT
THIS TERMINATION OF DEVELOPMENT AGREEMENT (this "Agreement") is
made and entered into as of the day of , 2009 by and between
. (the "Owner") and the City of Ocoee, a
Florida municipal corporation (the "City").
WIT N E SSE T H:
WHEREAS, C, Roger Freeman and City have heretofore entered into that certain City of
Ocoee Development Agreement Contract No. 088-07 dated November 22, 1988 as recorded in
Official Records Book 4085, Page 131, Public Records of Orange County, Florida (the
"Development Agreement"); and
WHEREAS, Owner is the successor in title to C. Roger Freeman and is the owner of fee
simple title to the lands which are the subject of the Development Agreement and which are
described in Exhibit "A" thereto; and
WHEREAS, Owner and City desire to terminate the Development Agreement pursuant
to the provisions of Section 9 thereof.
NOW, THEREFORE, in consideration of the mutual covenants, premises, 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:
Section 1. The above recitals are true and correct, form a material part of this
Agreement and are incorporated herein by reference.
Section 2. Owner and City hereby terminate, cancel and rescind the Development
Agreement in its entirety.
ORLA_1259862.2
Section 3. City for itself, its successors, employees, agents, representatives, assigns,
and any other persons claiming by or through it, hereby waives, releases and forever discharges
Owner, its successors and assigns, from any and all claims, demands, and causes of action arising
out of the Development Agreement which City now has or may hereafter acquire against Owner,
including but not limited to interest, attorney fees, liabilities, obligations, debts, damages, costs,
and compensation of any kind or nature, whether known or unknown, whether or not
ascertainable at this time.
[SIGNATURE PAGES TO FOLLOW]
ORLA_1259862.2
-2-
1--
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this Agreement to be executed as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
OWNER:
UNIT
'-
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By/
R sell Lawren e
Contracting Officer
Southeast Facilities Service Office
1735 N. Brown Rd, Ste 200
Lawrenceville, GA 30043-8153
P~n c:;~t~
CJjJ~ t1. t~
Print Name:De..bc,.-..,h /I. bchc;/s
STATE OF ~G/~
COUNTY OF ~111#-
r
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
~",~If iAuJ1''irw;e ~ersonally ~own to me to be the (lJY\f,.AC7i~, O{.{'c~r of
7k "l1i~ SfAw..PtJSf.J5e.ttIC~and tha~~ acknowledged executing the same in the presence
of two subscribing witne eely andftoluntarily under authority duly vested in them by said
. He! e [ v"] is personally known to me, or [ ] pfsduced-
~ITNESS my hand and official seal in the County and State last aforesaid this / ~day
of ~ ,2009.
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires ~\\AA'"'iW)~ on seal):
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ORLA_1259862.2
-3-
1--
Signed, Sealed and Delivered
in the Presence of:
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
,2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1259862.2
CITY OF OCOEE, FLORIDA
By:
S, Scott Vandergrift, Mayor
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2009
UNDER AGENDA ITEM NO.
-4-
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 acknowledgements, personally appeared S. SCOTT
V ANDERGRIFf and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE 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 arc personally known to me.
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 Ic:gible on seal):
ORLA_1259862.2
-5-