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HomeMy WebLinkAboutItem #05 Approval of Easement Agreement from McCormick Road LLC to the City of Ocoee for Property Located Contiguous to Existing Maine Street the t of Good Li pin CORR _i Y AGENDA ITEM COVER SHEET Meeting Date: 06/21/2011 Item # 5 '7 Reviewed By: Contact Name: Michael Rumer, City Department Directo Planner Contact Number: 407 - 905 -3100 Ext. 1018 City Manager: Subject: Acceptance of Easement Agreement from McCormick Road LLC to the City of Ocoee for Property located Contiguous to Existing Maine Street. Background Summary: McCormick Road LLC is granting the City a perpetual easement that will provide right -of -way over, across and under property owned by McCormick Road LLC, for the transitioning of Relocated Maine Street to the existing Maine. The easement is necessary to allow the City to construct future improvements when Relocated Maine Street is constructed and transitioned to meet up with the existing Maine Street. Issue: Should the Mayor and City Commissioners accept an easement agreement from McCormick Road LLC for property located contiguous to Maine Street? Recommendations Staff recommends the Mayor and City Commission accepts an easement agreement from McCormick Road LLC. Attachments: Easement Agreement Financial Impact: None Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda 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 0 N/A 2 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, Florida 32802 -2193 (407) 423-7656 THIS INSTRUMENT SHOULD BE RETURNED TO: Beth Eikenberry, City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 For Recording Purposes Only EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Easement Agreement ") is made and entered into thisl—v -4 day of 3 V , 2011, by and between McCORMICK ROAD, LLC, a Florida limited liability company, whose address is 132 West Plant Street, Suite 200, Winter Garden, Florida 34787 (hereinafter 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 "). WITNESSETH: 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 "North Parent Tract ") and as more particularly described in Exhibit "B" attached hereto and incorporated herein by reference (the "South Parent Tract ") (the North Parent Tract and the South Parent Tract being herein collectively referred to as the "Parent Tract "); and WHEREAS, the Parent Tract is contiguous to Maine Street (and /or included within all or a portion of Maine Street) which is a public road located within the corporate limits of the City of Ocoee; and WHEREAS, the Grantee intends to relocate a portion of Maine Street ( "Relocated Maine Street "), cause certain improvements to be made to Relocated Maine Street as may be determined by Grantee (the "Maine Street Improvements "), and transition Relocated Maine Street to a reconnection with the existing Maine Street in order to continue public access to and public use of Maine Street by the Parent Tract and other lands; and ORLA 1714411.2 (6/2/2011) WHEREAS, the proposed Relocated Maine Street and transitioning to the existing Maine Street is depicted on that certain 2011 New Maine Street Concept Plan as prepared by Interplan LLC under Project No. 2009.0280, last revised April 25, 2011, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference (the "2011 New Maine Street Concept Plan "); and WHEREAS, the transitioning of Relocated Maine Street to the existing Maine Street requires that a portion of Maine Street be relocated onto a portion of the South Parent Tract and that a portion of the South Parent Tract be made available for future improvements to Maine Street, all as depicted on the 2011 New Maine Street Concept Plan and more particularly described in Exhibit "D" attached hereto and by this reference made a part hereof, said portion of the Relocated Maine Street being referred to herein as the "McCormick Maine Street Tract "; and WHEREAS, the construction of the Maine Street Improvements, the transitioning of Relocated Maine Street to the existing Maine Street, and the future improvements to the McCormick Maine Street Tract require a non - exclusive temporary construction easement; and WHEREAS, the construction of the Maine Street Improvements and the transitioning of Relocated Maine Street to the existing Maine Street are beneficial to the Parent Tract by providing public access from the Parent Tract to Bluford Avenue over and across an improvement paved public roadway; and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, certain easements over, upon and across the Parent Tract and the McCormick Maine Street Tract 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 Easement Agreement and are incorporated herein by reference. 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee, its successors and assigns, an exclusive perpetual easement and right -of -way over, across and under the McCormick Maine Street Tract for the following purposes: (i) for use as a public roadway, (ii) for vehicular and pedestrian ingress and egress by the general public, (iii) for use as a public sidewalk, and (iv) for utility purposes, with full authority to enter upon, excavate, construct and maintain, as the Grantee and its assigns may deem necessary, electrical poles, telephone poles, wires, guy wires and appurtenances, water pipes, sewer pipes, reuse pipes, gas pipes and mains, stormwater and drainage pipes, and any other related facilities (collectively, the "Public Road Easement "), all subject to the terms, conditions and limitations set forth herein. 3. The Grantee and its assigns shall have the right to clear, keep clear and remove from the McCormick Maine Street Tract all trees, undergrowth, and other obstructions that may interfere with location, excavation, operation or maintenance of the roadways, sidewalks, utilities ORLA_1714411.2 -2- or any facilities installed thereon by the Grantee and its assigns, and the Grantor, its successors and assigns, agree not to build, construct or create, or permit others to build, construct or create any buildings or other structures on the McCormick Maine Street Tract that may interfere with the location, excavation, operation or maintenance of the roadways, sidewalks, utilities, or any facilities installed thereon. 4. At such time as the Parent Tract or any portion thereof is developed, the Grantee may require that the Grantor dedicate to the public the McCormick Maine Street Tract on a plat of all or a portion of the Parent Tract. 5. Grantor hereby gives, grants, bargains, sells and conveys to Grantee, its successors and assigns, a non - exclusive temporary easement over, upon and across a ten (10) foot wide strip of land on that portion of the North Parent Tract (including any portion of the existing Maine Street which may be located within the North Parent Tract) located adjacent to the Relocated Maine Street and that portion of the South Parent Tract located adjacent to the McCormick Maine Street Tract (collectively, the "McCormick TCE Tract ") for the following purposes: (i) for construction of the Maine Street Improvements, (ii) the removal of the existing bricks from Maine Street, (iii) for construction of future improvements to the McCormick Maine Street Tract, (iv) for the transitioning of Relocated Maine Street to the existing Maine Street, and (v) for tying in and harmonizing the Maine Street Improvements and the driveways, walkways and other improvements thereon with the Parent Tract (collectively, the "Temporary Construction Easement "). 6. The rights and privileges granted herein with respect to the Temporary Construction Easement may be exercised and used by the Grantee, through itself, its agents, contractors, consultants and employees. It is expressly agreed that Colonial Bluford LLC, a Florida limited liability company, its successors and assigns, and its contractors and subcontractors, may exercise the rights and privileges granted under the Temporary Construction Easement to the extent that the Colonial Bluford LLC, its successors and assigns, construct the Maine Street improvements pursuant to an agreement with the Grantee. 7. The Temporary Construction 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 McCormick TCE Tract. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the McCormick TCE Tract. Grantee shall, at its sole cost and expense, restore any improvements on the McCormick TCE Tract that are damaged by Grantee incident to its exercise of its rights under the Temporary Construction Easement to a condition which approximates as closely as is reasonably practicable the condition of said improvements prior to being damaged by Grantee. 8. The Temporary Construction Easement shall terminate upon the earlier of (a) the date that the Grantee advising the Grantor in writing that it no longer has a need for the Temporary Construction Easement, or (b) five (5) years from the date hereof. Upon termination of the Temporary Construction Easement, the Grantee shall record a Notice of Termination in the Public Records of Orange County, Florida. The termination of the Temporary Construction Easement shall not in anyway affect the continued effectiveness of the Public Road Easement. ORLA 1714411.2 -3- 9. Grantor hereby warrants and guarantees to Grantee that Grantor has fee title to the Parent Tract, subject to mortgages, easements, reservations, restrictions, and rights -of -way of record, if any, and the existing Maine Street, and that Grantor has full power and authority to enter into this Easement Agreement and grant the Public Road Easement and the Temporary Construction Easement. 10. Grantee is expressly authorized to grant to public and private utility providers the right and privilege to exercise the Grantee's rights and privileges under this Easement Agreement upon such terms and conditions as may be determined by Grantee, in its discretion, and as are consistent with this Easement Agreement. 11. 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 Parent Tract or from the exercise by Grantee of any rights granted by this Easement Agreement. 12. 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 Parent Tract. 13. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and /or effectuate the obligations of either party hereunder. 14. This Easement Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 15. This Easement Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. 16. 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. IN WITNESS WHEREOF, the parties have caused this Easement Agreement to be executed as of the day and year first above written. ORLA 1714411.2 -4- Signed, sealed and delivered in the GRANTOR: presence of: McCormick Road, LLC, l? / a Florida limited liability company 1__.- cz, ---------- �------ By: Print Name:' i? l 40% Rohland • . une, Managing ■ ember A t .41i - ImilhAii Print Name: i " �"r A_ s a - 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 Rohland A. June, as Managing Member of McCormick Road, LLC, a Florida limited liability company, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said company. He [✓Tis personally known to me, or [ ] produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of ^ \ L ; - e , 20H. i ard1i •;;r' l •,, JEFFREY A. SEDLOFF Si nature of No ary *: MY COMMISSION N EE 072600 g i •..... Tiny _ EXPIRES: July 10, 2015 '7, P ' Bonded T Notary Public Underwriters Name of Notary (Typed, Printed or Stamped) Commission Number (if no legible on seal): My commission Expires (if not legible on seal): ORLA_1714411.2 -5- Signed, sealed and delivered in the GRANTEE: presence of: 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 APPROVED BY THE OCOEE CITY CITY OF OCOEE, FLORIDA. Approved as COMMISSION AT A MEETING HELD ON to form and legality this day of , 2011 UNDER , 2011. 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 , 2011. 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_1714411.2 -6- EXHIBIT "A" NORTH PARENT TRACT Tax Parcel No. 20- 22 -28- 0000 -00 -015, described as follows in the records of the Orange County Property Appraiser: S1/2 OF NW1 /4 OF SW1 /4 E OF HIWAY (LESS BEG NW COR OF S1/2 OF NW1 /4 OF SW1/4 OF SEC RUN S 182.91 FT E 219.20 FT N 182.91 FT W 219.20 FT TO POB) & (LESS FROM NW COR OF S1 /2 OF NW1 /4 OF SW1 /4 RUN ELY 219.2 FT FOR POB SLY 182.91 FT WLY 219.2 FT SELY TO NLY R/W LINE OF RD SELY ALONG RD 250 FT NLY TO A PT 282.91 FT S OF N LINE OF S1/2 OF NW1 /4 OF SW1 /4 SLY TO A PT 430 FT SLY & 650 FT ELY OF NW COR OF S1/2 OF NW1/4 OF SW1 /4 NLY 430 FT W 430.8 FT TO POB) & (LESS THAT PART LYING E OF CLARCONA -OCOEE RD & S OF MAINE ST) & (LESS COMM NW COR OF SW1 /4 OF SEC 20 -22 -28 TH S88- 22 -32E 1328.65 FT TO WLY R/W RICHMOND AVE TH S00- 07 -51 W 1066.19 FT FOR POB TH RUN S64- 52 -50W 60 FT N25- 07 -10W 60 FT N64- 52-50E 60 FT S25- 07 -10E 60 FT TO POB) IN SEC 20- 22 -28; SEE 2360/992 & 2826/354,355,356,357. ORLA 1714411.2 -7- EXHIBIT "B" SOUTH PARENT TRACT Tax Parcel No. 20- 22 -28- 0000 -00 -021, described as follows in the records of the Orange County Property Appraiser: N1/2 OF SE1 /4 OF SW1 /4 (LESS 1.96 CHS OFF S SIDE) & (LESS N 311.14 FT OF E 140 FT THEREOF) OF SEC 20 -22 -28 ORLA_1714411.2 -8- EXHIBIT "C" 2011 New Maine Street Concept Plan [See attached sheets], ORLA_1714411.2 -9- 1111 11 Pi i 3 1 1 9_ "' y +t ! \ \• 11 r- t I i i' I (!(! �� � , i m Pr) \ g , i l't il H l ! x' 11 II I E !� N„i 1 U 5 ° ` it �i , c.,\° 7 � , {' p 4., ‘,, , , ,-;:' , .... : ",: ,,.. . 7 : 2 z g m � e g 5 , i \I: 1 - 9, , : lsp ( P' . - 41.. P 7 ki' V t / - 1: 0 e s ". / n dier I v ❑ � G� 1, o O 1 us / /ce !p i. U mo A d w L !!d fiht r IN 1 tr . 0 1 C EXHIBIT g y € " g' I e a p. is g il i Will 1 11 €i ;Mil!! o©on00000 Ili ib I PH W a ' SXQ Ri .J O O )\ t, 1�1.1r�l�N.Of. - a c N N � O I'^ - ' )) - r-)') 0 . 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W o IT a I s . r 1 k 2 35 ir�b . ; O ar l}£ t3 ®5 . µ I W 04 a i -� 71.7 " - - ' av saovoa ; i �� .. r ; I rY- [ ggil U E �t 1 6 U � 9C '1F AA i s Y :::. / \ \ 6 t ' I fl \ , a (: I� r I t 1 11 11 l'' u r \ EXHIBIT "D" McCORMICK MAINE STREET TRACT [See attached j ORLA_1714411.2 -10- SKETCH OF DESCRIPTION DESCRIPTION COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; RUN THENCE NO0'29 ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 1383.17 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SOUTHWEST 1/4; THENCE S89'40'52 "E ALONG THE SOUTH LINE OF SAID SOUTH 1/2 A DISTANCE OF 1329.48 FEET FOR A POINT OF BEGINNING. THENCE N00'30'50 "W ALONG THE WEST LINE OF SAID N SOUTHWEST 1/4 A DISTANCE OF 21.86 FEET; THENCE N83'21 ' 19 "E A DISTANCE OF 1.3.00 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE SOUTHEASTERLY, HAVING' A RADIUS OF 890.00 FEET, A CHORD BEARING OF N86'50 "E, A CHORD DISTANCE OF 108.10 FEET, RUN THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06'57'49 ", A DISTANCE OF 108.17 FEET; THENCE S89'40'52 "E A DISTANCE OF 69.10 FEET; THENCE S00'30'50"E A DISTANCE OF 80.00 FEET; THENCE N89'40'52"W A DISTANCE o OF 70.26 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 810.00 Z FEET, A CHORD BEARING OF S86'50 "W, A CHORD DISTANCE OF 98.39 FEET, RUN THENCE SOUTHWESTERLY ti ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06'57'49 ", A DISTANCE OF 98.45 FEET; U THENCE S83' 21'19"W A DISTANCE OF 21.59 FEET; THENCE NO0'30'50 "W ALONG SAID WEST LINE A DISTANCE OF N En 58.60 FEET TO THE POINT OF BEGINNING. \ . CONTAINS: 15,222 SQUARE FEET OR 0.3495 ACRES MORE OR LESS. Ln cc 3 w� 3 O \ , L ° r1 TOWN OF OCOEE __\ O • N83'21. "E PLAT BOOK A. PAGE 100 ' 0 13.00 TOWN OF OCOEE En Z o� S89'40'52 "E PLAT BOOK A. PAGE 100 S89 ' "E zN [ 69.10' 29.48 _ lrarga= = = } }_ -r P.O.B. - - - - -, T N - -- / Lu -1 I S. LINE S. 1/2 JL N89'40'52 "W o, I a` NW 1/4, SW 1/4 3: 70.26' 1 O 0 L y L p O 00 S821„W 0 i co LOT 6 LAKE BENNET CENTRE 0 b Ilro .599 0 NOT PLATTED L _ - _I PLAT BOOK 35. PAGE 126 LL 0 o Z et v N U •i m L J t u Lu E Z z Q J J 8 en \\ W N Ir s \ \ NOT PLATTED 1"2 y \ CURVE CHART T; % �\ CENTRAL ARC CHORD CHORD 8 0 `\ NO. ANGLE RADIUS LENGTH BEARING DISTANCE o -A ` \ C1 06'57'49" 890.00' 108.17' N86'50'14 "E 108.10' v 9L ` C2 06'57'49" 810.00' 98.45' S86'50'14 "W 98.39' o 1- WEST COLONIAL DRIVE N89'44'5rE p (' S. LINE SECTION 20 bIYRNER, SW 1/4 (BEARING BASIS) SECTION 20 -22 -28 THIS SKETCH IS NOT A BOUNDARY SURVEY. JOB # 31696 ad CFA 20 -22 -28 MAIN ST E PREPARED FOR: INTERPLAN LLC REVISIONS' To DATE: 5 -31 -11 SCALE' 1' = 40D' BEARING STRUCTURE IS ASSUMED AND BASED ON THE HONUHENTED SOUTH LINE OF SECTION 20, — DRAWN BY' FAR III TOWNSHIP 22S, RANGE 28E, ORANGE COUNTY, FLORIDA BEING! NOT 44' 53'E. a THIS SKETCH MEETS THE "MINIMUM TECHNICAL LEGEND STANDARDS' AS REQUIRED BY CHAPTER 5J -17, £ - CENTERLINE COW - CONCRETE BLOCK WALL ^�� CLC - CALCULETED DE - CONCRETE MONUMENT c jay �� FLORIDA BOARD OF LAND SURVEYORS, PURSUANT J J C LF - CFWN LINK FENCE COW - COVERED CW - CONCRETE WALKWAY TO SECTION 472.027 OF THE FLORIDA STATUTES. CP - CONCRETE oRETE PAD DE - DRAINAGE EASEMENT CI - CENTRAL ANGLE OW - DRIVEWAY cc A DB - DEED BOOK 9' - EASEMENT o9 f/ ��! / ' - 6 r _ of Orlando Inc. 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