Loading...
HomeMy WebLinkAboutItem #06 Approval of Easement Agreements with Health Central and Wal-Mart for the Blackwood CRA Project be Center of Good Lir, s AGENDA ITEM COVER SHEET Meeting Date: July 19, 2011 Item # Reviewed By: /Y Contact Name: David A. Wheeler, P.E. Department Director:,,, Contact Number: 407 - 905 -3100, ext. 1504 City Manager: 71T Subject: Execution of Easement Agreements with Health Central and Wal -Mart for the Blackwood Avenue CRA Project Background Summary: On June 21, 2011, the City Commission awarded the construction contract for sidewalk and roadway improvements on Blackwood Avenue, from SR 50 to Old Winter Garden Road, to Barracuda Building Corporation. This work involves the relocation of most of the sidewalk further away from the curb to allow for additional landscaping, straightening of a section of roadway at the West Orange Healthcare District (Health Central) entrance and associated stormwater renovations, installation of a concrete and brick crosswalk at the intersection with the driveways into Health Central and Wal -Mart Stores East, LP (Wal- Mart), and removal of the existing landscaping and light poles. To perform the work and for future maintenance purposes the City needs two easements from both Health Central and Wal -Mart. The easements needed from Health Central are a Public Sidewalk and Street Light Easements to install the new sidewalk and street lights on the Hospital's property and a Temporary Construction Easement to realign Health Central's sidewalks that come out to Blackwood Avenue. The easements needed from Wal -Mart are a Street Light Easement to install the new street lights at their driveway connection to Blackwood Avenue behind the sidewalk which would be on Wal -Mart's property and a Temporary Construction Easement to realign Wal -Mart's sidewalks that come out to Blackwood Avenue. See the attached Easement Agreements for the locations of each easement. Staff had discussions with Health Central and Wal -Mart about the overall CRA project to improvement the landscaping and street lighting and both entities were in favor of the project and eager to see it start and be completed. Barracuda Building Corporation is awaiting these easements to begin construction. Issue: Should the City Commission accept the proposed Easement Agreements with Health Central and Wal -Mart and authorize the Mayor and City Clerk to execute all four of the Easement Agreements. Recommendations The Engineering and CRA Administrator recommend that the City Commission accept the proposed Public Sidewalk and Street Light Easement Agreement and Temporary Construction Easement Agreement with Health Central and Street Light Easement Agreement and the Temporary Construction Easement Agreement with Wal -Mart and authorize the Mayor and City Clerk to execute all four of the Easement Agreements Attachments: A) West Orange Healthcare District 1) Public Sidewalk and Street Light Easement Agreement 2) Temporary Construction Easement Agreement B) Wal -Mart Stores East, LP 1) Street Light Easement Agreement 2) Temporary Construction Easement Agreement Financial Impact: There is no financial impact to the City of Ocoee by the execution of these Easement Agreements. 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: Dorothy E. Watson, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802 -2193 (407) 423-7656 ir.._ D.. ..a'.... D.. c llnly PUBLIC SIDEWALK AND STREET LIGHT EASEMENT AGREEMENT THIS PUBLIC SIDEWALK AND STREET LIGHT EASEMENT AGREEMENT (this "Easement Agreement ") is made and entered into this day of , 2011, by and between WEST ORANGE HEALTHCARE DISTRICT. a public body corporate organized and existing under the laws of the State of Florida, whose address is 10000 W. Colonial Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor "), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "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 "Easement Property "); and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a perpetual nonexclusive public sidewalk and street light easement over, under, 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: Section 1. The above recitals are true and correct, form a material part of this Easement Agreement, and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee an easement for the location of a public sidewalk and street lights (the "Improvements ") upon the Easement Property (the "Easement "), all subject to the terms, conditions and limitations set forth herein. The Grantee shall have full authority to enter upon, excavate, construct, operate, repair, ORLA_1725618.4 and maintain, as the Grantee or its assigns may deem necessary, the Improvements upon the Easement Property. Grantee shall be responsible for the ongoing maintenance and repair of the Improvements at its sole cost and expense. Section 3. The Easement is for the benefit of the members of the general public who shall have the full right of use of the Improvements in the same manner as if the Improvements were located within public right -of -way owned by the Grantee. Section 4. Grantor hereby warrants to Grantee that Grantor has fee title to the Easement Property subject to easements and rights -of -way of record, if any, and that Grantor has full power and authority to grant this Easement as to the Easement Property. Section 5. Subject to the terms, conditions and limitations hereinafter set forth, the Grantee, its employees, agents, contractors, consultants and assigns shall have the right of ingress and egress over, upon, and across the Easement Property at all times for the purpose of excavating, constructing, operating, repairing, and maintaining the Improvements. The Grantee, its employees, agents, contractors, consultants and assigns, shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with normal operation or maintenance of the Improvements, out of and away from the Easement Property, and the Grantor agrees not to build, construct, or create, nor permit others to build, construct, or create any buildings or other structures on the Easement Property that may interfere with the use of the Easement Property for the purposes set forth herein or with the normal operation or maintenance of the Improvements. Section 6. Except as expressly set forth herein, the Grantor reserves the right to utilize the Easement Property for any purpose which does not interfere with the use of the Easement Property by Grantee and members of the general public for the purposes set forth herein. Section 7. To the extent permitted by law, Grantee agrees to indemnify, save, defend, and keep Grantor free and harmless from any and all loss, cost, damage, liability or suit occasioned by, arising out of or in connection with Grantee's exercise of its rights, duties, obligations and privileges contemplated in this Easement Agreement; excepting, however, that the Grantor shall not be indemnified against loss or liability resulting from its own negligence or the negligence of its contractors, employees and agents. Section 8. The 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. Section 9. 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. Section 10. The parties further agree as to the following general provisions: ORLA_1725618.4 -2- a. If any provisions of this Easement Agreement or the application thereof shall be held to be invalid or unenforceable in a court of law, the remainder of this Easement Agreement shall not be affected thereby and each provision of this Easement Agreement shall otherwise remain valid and enforceable to the fullest extent permitted by law. b. In the event that either party hereto hires an attorney to enforce any term of this Easement Agreement, the party prevailing in said dispute, enforcement action or legal proceeding shall be entitled to recover reasonable attorneys', paralegals' and other professionals' fees (including those incurred on any re- hearing or appeal) and costs incurred incidental thereto from the party not prevailing in said legal proceedings. c. If either party hereto fails to perform or breaches any obligation, requirement, duty or covenant contained herein, the other non - defaulting party shall have the right, in addition to any of its other rights, privileges or remedies otherwise stated elsewhere herein, to bring an action for specific performance in a court of competent jurisdiction. Neither party shall be entitled for damages for failure to perform under or breach of this Easement Agreement. The failure to enforce any of the terms or provisions of this Easement Agreement, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation occurring prior to or subsequent thereto. d. This Easement Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof. This Easement Agreement may be signed in counterparts each of which shall be taken together to constitute but one document. e. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are actually received, whether same are personally delivered, transmitted electronically (i.e. telecopier device with verification receipt capability) or sent by United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, or sent by Federal Express or other overnight delivery service from which a receipt may be obtained evidencing the date and time delivery was made, and addressed to the addresses set forth in the preamble to this Easement Agreement or to such other address as either party hereto shall from time to time designate to the other party by notice in writing as herein provided. [BALANCE OF PAGE IS IN'1'PNTIONALLY BLANK] ORLA_1725618.4 -3- IN 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. Signed, sealed and delivered GRANTOR: in the presence: .... WES ALTHCARE DISTRICT Print Name: N. vtrs/G y: '— '• —" Name: � �- cL (ptc.0 rA ° rint N. 1 e: ...)cn,l /LED Title: 1 5 �d ,� ,t) STATE OF FLORIDA COUNTY OF ORANGE Th;e4oregoing instrument was acknowkilged befog me this /7 day of T4.ri.c , 2011, by r ;ch r J M r „,:,, , the esjr..( /CLL of West Orange Healthcare District, on behalf of the entity. Such person (notary must check applicable box): 111 is personally known to me. ❑ produced a current Florida driver's license as identification. ❑ produced as identification. {Notary Seal must be affixed} (- 1 7/ Zetlee- �Q •t/c_ Signature of Notary Y....... U *MARTHA ` . WALKER ...... Comm# DD0781210 �`� 12 11201 2 • Name of Notary (Typed, Printed or Stanip "- # 1 ti- a, „v��` Florida NotatY ', Commission Number (if not legible on sear. . My Commission Expires (if not legible on seal): ORLA_1725618.4 -4- Signed, Sealed and Delivered GRANTEE: in the presence of: CITY OF OCOEE, FLORIDA By: Print Name: S. Scott Vandergrift, Mayor Print Name: ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2011 LEGALITY this day of UNDER AGENDA ITEM NO. , 2011. FOLEY & LARDNER LLP By: City Attorney ORLA_1725618.4 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 VANDERGRIFT 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 are personally known to me. 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_1725618.4 -6- EXHIBIT A ORLA_1725618.4 -7- EXHIBIT A DESCRIPTION: 4 portion of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 29, Township 22 South, Range 28 East and portions of Lots 5 and 6, Block B, Westover Farms as recorded in Plot Book C, Page 120 of the Public Records of Orange County, Florida, being more particularly described as follows: BEGINNING at the intersection of the North Right of Way line of Old Winter Gorden Road as described in Official Records Book 7444, Poge 1165 of the Public Records of Orange County, Florida and the East Right of Way line of Blackwood Avenue as described in Official Records Book 4487, Poge 93 of the Public Records of Orange County, Florida thence along said Eost Right of Woy line the following courses and distances North 00 °08'47" East, a distance of 193.17 feet to o point of curvoture of a curve concave Westerly, having o rodius of 1045.00 feet; thence Northerly along the arc of said curve through o central angle of 02 °29'55 ", o distance of 45.57 feet to a point of tangency; thence departing scud curve North U2"21'Ut5 West, o drstance of 324.52 feet to a point on said East Right of Woy line as described in Official Records Book 6337, Poge 3908 of the Public Records of Orange County, Florida; thence continuing along said East Right of Way line the following courses and distances North 87 °39'00" East, o distance of 15.00 feet; thence North 02 °21 '00" West, a distance of 320.50 feet to a point of curvature of o curve concave Easterly, having a rodius of 940.00 feet; thence Northerly along the arc of said curve through a central angle of 02 °29'55 ", o distance of 40.99 feet to o point of tangency; thence North 00 °08'55" East, a distance of 124.81 feet to a point on said East Right of Way line as described in Official Records Book 8860, Poge 4155 of the Public Records of Orange County, Florida; thence continuing along said East Right of Way line the following courses and distances North 88 °04'22" East, a distance of 4.99 feet; thence North 00 °09'26" East, a distance of 96.91 feet to o nontangent curve concave Southeasterly, having o radius of 50.00 feet, a central angle of 19 °43'51" and a chord bearing of North 35'51'54" East; thence from a tangent bearing of North 25'59'58" East, Northerly a distance of 17.22 feet along the arc of said curve to a point on a line parallel with and 10.00 feet Eost of said East Right of Way line; thence along said parallel line South 00 °09'26" West, a distance of 110.82 feet; thence South 88 °04'22" West, a distance of 4.99 feet; thence South 00 °08'55" West, o distance of 124.81 feet to a point of curvature of a curve concave Easterly, having a radius of 930.00 feet; thence Southerly along the arc of said curve through a central angle of 02 °29'55 ", a distance of 40.56 feet to a point of tangency; thence departing said curve South 02 °21'00" East, a distance of 419.27 feet; thence South 88°59'13" West, a distance of 4.43 feet; thence South 00°05'17" West, a distance of 194.81 feet to o point on the South line of Lot 5, Block B, Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange County, Florida; thence departing said point South 00'04'29" West, a distance of 77.27 feet to a point on a line parallel with and 10.00 feet East of aforesaid East Right of Way line; thence along said parallel line South 00 °08'47" West, a distance of 204.34 feet to a point on the aforesaid North Right of Way line of Old Winter Garden Rood; thence along said North Right of Way line North 41°40'15" West, a distance of 15.00 feet to the POINT OF BEGINNING. Containing: 14,393 square feet, or 0.33 acres more or less. SURVEYORS REPORT: 1. Bearings shown hereon ore based on East Right of Way line of Blackwood Avenue being North 0708'47" Eost, assumed. 2. Not valid without the signature and the original raised seal of o Florida licensed surveyor and mapper. 3. This Survey was performed without benefit of o Title search. A Title search may reveal additional information affecting the Porcel as shown. 4. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 5J- 17.050 -.052 requirements. DESCRIPTION Date: CERT. NO. L32108 _ 53760005 April 20, 2011 DC _ _ FOR Job No.: Scale: " 14 t 53760 1 " = 40' � `� SOUTHEASTERN SURVEYING & ;MAPPING CORP. CH. 53 17.050 - .052, Florido 6500 All American Boulevard Orlando, Administrative Code requires that Florida 32810 - 4350 (407)292 - 8580 a legal description drawing bear City of Ocoee the notation that fax(407)292 -0141 THIS IS NOT A SURVEY. ema info®southeest rnsurve ytn7.com SHEET ? OT 3 GARY RICK P.S.M. SEE SHEETS 2 & 3 FOR SKETCH REGISTERED LAND SURVEYOR NO 4245 I SKETCH OF DESCRIPTION LEGEND R /W' = RIGHT OF WAY I ORB = OFFICIAL RECORD BOOK P.C. = POINT OF CURVATURE EXHIBIT A P.T. = POINT OF TANGENCY L = CENTRAL ANGLE R = RADIUS L = ARC LENGTH CH = CHORD LENGTH CB = CHORD BEARING SEE MATCH UNE 'B' ; SEE MATCH LINE!'" A' - - cr.,' SHEET 2 OF 3 i . • NO2'21 '08" W N Li) _ _ 324.52' • r; � � '_: � � � P.T. f 1 I `.> `p N k. a > J _. ? CFa iL = 2'29'55 � , 'y * , � c0 - r IR= 1045.00' I N i� a . = . ._ i.... �...: �.r.� ,L= 45.57' lCH= 45.57' , L .. 4,o CB= N01'06' 1 1 iW :.,-„,,,,, "iii ilL .' ,-- •-• aN ,� `r ,,� a, > 3 ---, AZA" - - -_ • 7 WA i �r / _ PROPOSED SiDEQ9ALk � i O � i - 'Z ! -- 10.0' N I { ■ t m I �' 1 S88'59'13" W w Yp 4.43' LLI c� EL N o In <2 w m 0 ` 0 >a �Y I "� 0 O Q3 p ,j ► Om ` > J mw o a p 4 J I- < 2 m - Y Q O Y I- C • N a Q >a o O O ' ''N 1 \ OD 0 m a w � Z 0 � p Jam ~0 b o m l Vim a �� 3 Om i Q I:t 1- 0 4 N i I i i a. w ; ' I Li O i I H Q in w I POINT OF I ! 1 1 ' l I BE V. 17, • ' I J 7 \\ ' ii '1 .. t \ . , .. 4 ( gS , : 1 ;,, r SOUTH LINE OF LOT 5 . . NORTH LINE OF LOT 6 ; '' _ I t; I L ■ . 50704.29.4 `` �..._ ----- _----- --- ---___ __ MATCH \LINE 'It' 1 77.27' NORTH R/W LINE OLD WINTER GARDEN ROAD 4 F l a l l, _ • - y t . RIGHT OF WAY VARIES _ jY^�T - '"T -7 = PER ORB 7444, PAGE 1165 �r ` _ W SOUTHEASTERN SURVEYING & MAPPING CORP. 6500 All American Boulevard Drawing Nc 53750005 = 40 Orlando, Florida 32810 -4350 Job No 53760 GRAPHIC SCALE (407)292 -8580 fax(407)292 -0141 Date: 04/20/20'.1 DC �� Cert.. No. LB -2108 SHOOT 2 OE 7 email: info ®southeasternsurveying.com See Sneet ' for Descripuon 0 20 40 80 SKETCH OF DESCRIPTION LEGEND � R/W = RIGHT OF WAY ' ORB = OFFICIAL RECORD BOOK P.C. = POINT OF CURVATURE EXHIBIT A P.T. = POINT OF TANGENCY p = CENTRAL ANGLE R = RADIUS L = ARC LENGTH CH = CHORD LENGTH CB = CHORD BEARING STATE ROAD' 50 _ _. /W LINE SEE MATCH uNE 1 C , "!W COLONIAL `:DRIVE) 150.00' RIGHT OF WAY ,' PLAT i800Kl 48, PAGE 123 P.T 1 I` L = 19 P.C. r R- 0.00' I 11 II L . 622' i CH= 17.13' I -� 10.0 r i \ 7r•c 1 .c u! . r N • ' 1 1; ' ', /I; I 1 k I ,' 4: PL.\ I, 1 , ( I) V ' ' W I 1l II I i 4 l ti� �eh� i I { �"� { -, I ' .- • ' N I N 1 f 1 q O 1 1 w 1 I E o > Mo - In Q N 6.1 La U H --ij O� >a a I 4.9 ct O > to 3 v n o c o I S88'04'22" W o M u. Y °,c02; D i Q W co u-) 4.99' �N U 2 O0 I N x <� < WMV ��W i- a. �WW =Q � m, maZ I Wog >aa - J Q a g �Q S ^F- WO c0 00 inf- i bb 1 �Q2 O T ' M b Wag i O Qo : (0ro N N 2 \ :NII i'-. CV ■ " I N OO V _ 00 I 00 ca w I l Z l "-v. 3 i m maa ° �n a II i '' In • In 11 I o f� o: o 4 , i i i o �N'o E o W ; I N li ! !W Z. Zl (V in l � i O is 1 s �1 v t 1 I t I : 1 0.0' I'I { I Ii 1 i .' ( w i ? p =2'29 55" P.I. i P.c. II I R- 940.00' p =229'55" li L= 40.99' R= 930.00' SOUTH LINE OF I ii { 11 CH= 40.99 I. L= 40.56' THE NORTH 1/2 1 ?, { • �, OF THE NE 1/4 CB= N01706 02 "W CH = 40.55' ly OF THE NE 1/4 1 ' " , CB= S01'06'02' E l i OF SECTION 29 -22 -28 ^j 1 1G i Ij • i {I 1 10.0' ! 1 MATCH LINE 'L'' ti P. � k NORTH LINE OF LOT 5- t P.T. 4'i �'' l ii 7-77„. i , L.)) LOT 5, BLOCK B f-S7- ��� y'r" h >, >a N8T39.00" E PLAT BOOK 0, _ -- 7 - --r-T /-- �� Fl, 15.00' PAGE 120 iii�in MATCH UNE -r SOUTHEASTERN SURVEYING & MAPPING CORP. 6500 All American Boulevard Growing No. 53760005 1" = 40 Orlando, Florida 32810 -4350 Jot Nc. 53760 GRAPHIC SCALE (407)292 -8560 fax(407)292 -0141 Dote. 04/20/2011 DO Cert. No. LB -2108 SHEET 3 OF 3 email. info @southeasternsurveying.com See Sheet 1 for Description 0 20 40 80 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Dorothy E. Watson, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802 -2193 (407) 423-7656 P..rnncnc Only TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement ") is made and entered into this day of , 2011, by and between WEST ORANGE HEALTHCARE DISTRICT, a public body corporate organized and existing under the laws of the State of Florida, whose address is 10000 W. Colonial Drive, Ocoee, Florida 34761 hereinafter referred to as Grantor, for the benefit of 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 the City: WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations in hand paid to the Grantor by the City, the receipt and sufficiency of which is hereby acknowledged, the parties hereto Agree as follows: Section 1. Grantor hereby gives, grants, bargains, conveys and warrants to the City, its successors and assigns a temporary construction easement over, through and under that certain piece, parcel or tract of real estate situated in the County of Orange, State of Florida, more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Easement Property "), subject to the terms, conditions, and limitations set forth herein. The temporary construction easement granted is more particularly described as the right and privilege of the City and its agents and contractors to enter over, on, through or under the Easement Property in order to facilitate the construction of a sidewalk (the "Work "). The temporary construction easement, rights and privileges granted herein shall be temporary and shall terminate upon completion of the Work. Section 2. The City shall perform the Work or cause the Work to be performed consistent with the interests of the Grantor, including the minimum necessary removal of landscaping and other improvements located on the Easement Property and the restoration of the Easement Property to substantially the same condition existing prior to the work. ORLA 1725627.3 Section 3. The City, in its sole discretion, shall determine the date of commencement of the Work. However, once the Work has commenced, the City shall use its best efforts to complete the Work in an expeditious manner. Section 4. All work will be performed at no cost or expense to the Grantor with all such costs and expenses of the Work to be paid by the City. Section 5. To the extent permitted by law, the City agrees to hold the Grantor harmless and to indemnify the Grantor from and against any claims of third parties for personal injury or property damage due to any negligence on the part of the City or its agents and contractors arising out of the performance of the Work, except to the extent such claims arise out of the negligence of the Grantor or its agents or represcuia.iivcs. Section 6. The Grantor hereby covenants with the City that he /she is lawfully seized of said land in fee simple; that he /she has the right and lawful authority to permit the City to enter on to the Easement Property for the purpose and on the terms set forth in this temporary construction easement. Section 7. This Easement Agreement shall terminate upon the earlier of (a) the completion of the Work as certified by the City, or (b) twelve (12) months from the date hereof. Section 8. The parties further agree as to the following general provisions: a. If any provisions of this Agreement or the application thereof shall be held to be invalid or unenforceable in a court of law, the remainder of this Agreement shall not be affected thereby and each provision of this Agreement shall otherwise remain valid and enforceable to the fullest extent permitted by law. b. In the event that either party hereto hires an attorney to enforce any term of this Easement Agreement, the party prevailing in said dispute, enforcement action or legal proceeding shall be entitled to recover reasonable attorneys', paralegals' and other professionals' fees (including those incurred on any re- hearing or appeal) and costs incurred incidental thereto from the party not prevailing in said legal proceedings. c. If either party hereto fails to perform or breaches any obligation, requirement, duty or covenant contained herein, the other non - defaulting party shall have the right, in addition to any of its other rights, privileges or remedies otherwise stated elsewhere herein, to bring an action for specific performance in a court of competent jurisdiction. Neither party shall be entitled for damages for failure to perform under or breach of this Agreement. The failure to enforce any of the terms or provisions of this Agreement, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation occurring prior to or subsequent thereto. 2 ORLA_1725627.3 d. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof. This Agreement may be signed in counterparts each of which shall be taken together to constitute but one document. e. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are actually received, whether same are personally delivered, transmitted electronically (i.e. telecopier device with verification receipt capability) or sent by United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, or sent by Federal Express or other overnight delivery service from which a receipt may be obtained evidencing the date and time delivery was made, and addressed to the addresses set forth in the preamble to this Agreement or to such other address as either party hereto shall trom time to time designate to the other pariy by notice in writing as herein provided. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3 ORLA 1725627.3 IN WITNESS WHEREOF, the parties hereto have subscribed their names and cause this Easement Agreement to be executed as of the day and year first written above. WITNESSES: GRANTOR: _I ` ��� a `I / WEST ORANGE HEALTHCARE W DI C ff -- Print/Type N. • - • ,; I L *,3 R / s ' i ci �l. ( l 'l, ( _ i _ B y : iLP12� l i f., I / es Name: t�Ie ��-sa I/:. ' Prin e41ame: •>> LV«�e� _ Title: Rg..t-`7 /�-�(� , ,......., STATE OF tIortI_ COUNTY OF Q e E "Ike I HEREBY certify that on this day, before me an officer duly authorized to take r cknowledgm nts, personally appeared K: ci g t rl /Y t r A as res;eleA.4 ( CL� v of WEST ORANGE HEALTHCARE DISTRICT, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before m- 1 • 1- • - - - -cuted the same for the uses and purposes therein expressed and who i 4 .ersonally known to m- , r [ ] produced as identification. WITNESS hand and official seal in the County and State last aforesaid this /7r" day of , 2011. NOTARY PUBLIC (-- i i I. e - a i /d4eLi Print/Type Name: THA G. WALKER e Commission Number (if ncit o s�i ur Comm# DD0781210 r 1gYp 'c My commission expires: : Expires 4/21/2012 yglmga�� rt c Florida Notary Assn.. Inc 4 ORLA_1725627.3 Signed, Sealed and Delivered CITY: in the presence of: CITY OF OCOEE, FLORIDA By: Print Name: S. Scott V andergrift, Mayor Print Name: ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2011 LEGALITY this day of UNDER AGENDA ITEM NO. , 2011. FOLEY & LARDNER LLP By: City Attorney 5 ORLA 1725627.3 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 VANDERGRIFT 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 are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of ,20i1. 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): 6 ORLA_1725627.3 EXHIBIT A 7 ORLA_1725627.3 EXHIBIT A DESCRIPTION: A portion of Lots 5, Block B, Westover Farms as recorded in Plat Book 0, Page 120 of the Public Records of Orange County, Florida, being more particularly described as follows: Currlrrp ui the inierseciion ui i.he Easi rrighi or 'Way line of Blackwood Avenue as describes in urricial Records Book 4487, Page 93 of the Public Records of Orange County, Florida and the South line of said Lot 5, Block B thence along said East Right of Way line thence North 02 °21'08" West, a distance of 194.61 feet; thence departing said East Right of Way Tine North 88'59'13" East, a distance of 25.00 feet to the POINT OF BEGINNING; thence the following four (4) courses and distances North 01°00'47" West, a distance of 25.00 feet; thence North 88°59'13" East, a distance of 60.00 feet; thence South 01 °00'47" East, o distance of 25.00 feet; thence South 88°59'13" West, a distance of 60.00 feet to the POINT OF BEGINNING. Containing: 1500 square feet acres more or less. SURVEYORS REPORT: 1. Bearings shown hereon are based on East Right of Way line of Blackwood Avenue being North 02'21'08" West, assumed. 2. Not valid without the signature and the original raised seal of o Florida licensed surveyor and mapper. 3. This Survey was performed without benefit of a Title search. A Title search may reveal additional information affecting the Parcel as shown. 4. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 5J-17.050-.052 requirements. Date: CERT. NO. LB2109 53760006 DESCRIPTION April 20, 2011 DC FOR Job No.: Scale: 44T ANEW. • 53760 1 " =20' , mmaNEEER Ina �• SOUTHEASTERN SURVEYING & MAPPING CORP. CH. 5J- 17.050 —.052, Florida 6500 All American Boulevard Orlando, Administrative Code requires that Florida 32810 - 4250 (407)292 - 8580 o legal description drawing ear City of Ocoee 9 the notation that 9 fax(407)292 -0141 THIS IS NOT A SURVEY. ems • infoEosouthe2st rnsurveyin .com SHEET 1 OF 2 GARY RICK P.S.M. SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245 SKETCH OF DESCRIPTION f Ii EXHIBIT A / r x : l i t Y LEGEND R/W = RIGHT OF WAY /\ ORB = OFFICIAL RECORDS BOOK W III - - - - -- - r .. :y..,- _. .__. f_,'" _ t il /'✓ O * ` 2 3 T? J w HOSPITAL ENTRANCE DRIVE CC1 CL ♦ � ♦ � 1 N88'59'13" E 60.00' ,.." Z to o_ N O FX1SrlfY W ALK O 61 ` Loo ^ o 0 ♦�♦�♦�•�•�•�•�♦ - ' PROPOSED WALK ,. O /,-----_ N88'59'13 J 25.00' / j r S88'59'1,3" W 60.00' POINT OF 111 BEGINNING LOT 5, BLOCK B PLAT BOOK 0, PAGE 120 WEST ORANGE HEALTH CARE DISTRICT ORB 4130, PAGE 2603 vi rn ..../ i f I ! 0 1" = 20' 1 - GRAPHIC SCALE I \I o zz ! 0 10 20 40 POINT OF COMMENCEMENT SOUTHWEST CORNER OF LOT T " �- ` • ll ` Aldo � � ∎ iiW ' . / / PLAT BOOK 0, BLOCK G 12 /Nmnn _ AND R/W LINE SOUTH LINE OF LOT 5 SOUTHEASTERN SURVEYING & MAPPING CORP. ND EAST R / 6500 All American Boulevard Drowing No. 53760006 Orlando, Florida 32810 -4350 Job No. 53760 (407)292 -8580 fax(407)292 -0141 Dote: 04/20/2011 DC LOT 6, BLOCK 8 Cert. No. LB -2108 SHEET 2 OF 2 email: info ®southeasternsurveying.com See Sheet 1 for Description THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal City Attorney City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 For Recording Purposes Only STREET LIGHT EASEMENT AGREEMENT THIS STREET LIGHT EASEMENT AGREEMENT (this "Easement Agreement ") is made and entered into this day of , 2011, by and between WAL -MART STORES EAST, LP, a Delaware limited partnership, whose address is 702 S.W. 8th Street, Bentonville, Arkansas 72716 with a mailing address of Sam M. Walton Development Complex, 2001 S.E. 10th Street, Bentonville, Arkansas 72716 -0550, Attn: Realty Management (hereinafter referred to as the "Grantor "), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee. Florida 34761 (hereinafter referred to as the "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 "Grantor Property"); and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a perpetual nonexclusive street light easement over, under, upon, and across a portion of the Grantor Property described in Exhibit "B" ( "the Easement Property") for the specific and limited purposes hereinafter set forth, subject to the Addendum defined herein. 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: Section 1. The above recitals are true and correct, form a material part of this Agreement. and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee an easement for the location of street lights (the "Improvements ") upon the Easement Property (the "Easement "), all subject to the terms, conditions and limitations set forth herein. The Grantee shall have full authority to enter upon, excavate, construct, operate, repair, and maintain, as the Grantee or its assigns may deem necessary. the Improvements upon the Easement Property. Section 3. Grantor hereby warrants to Grantee that Grantor has fee title to the Easement Property subject to easements and rights -of -way of record, if any, and that Grantor has full power and authority to enter into this Easement Agreement as to the Easement Property. Section 4. Subject to the terms, conditions and limitations hereinafter set forth. the Grantee. its employees, agents, contractors, consultants and assigns shall have the right of ingress and egress over, upon, and across the Easement Property at all times for the purpose of and ...t,. i the Improvements. The Grantee, excavating, l%V11JL1Ul:llll�', ViJGlQLlllb', 1Gi.J0.11iiig, allu maintaining thc i=.=Yrvvv: ; °v. =w ___.. its employees, agents, contractors, consultants and assigns, shall have the right to clear and keep clear all trees, undergrowth. and other obstructions that may interfere with normal operation or maintenance of the Improvements, out of and away from the Easement Property. and the Grantor agrees not to build, construct, or create, nor permit others to build, construct, or create any buildings or other structures on the Easement Property that may interfere with the use of the Easement Property for the purposes set forth herein or with the normal operation or maintenance of the Improvements. Section 5. Except as expressly set forth herein, the Grantor reserves the right to utilize the Easement Property for any purpose which does not interfere with the use of the Easement Property by Grantee and members of the general public for the purposes set forth herein. Section 6. Grantee acknowledges and agrees that the easement granted hereunder is subject to all terms, conditions, requirements and obligations set forth in the Addendum attached hereto as Exhibit "B" which exhibit is incorporated herein for all purposes (the "Addendum "). Section 7. The 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. Section 8. 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. [BALANCE OF PAGE IS INTENTIONALLY BLANK] ORLA_1727005.1 -2- IN 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. Signed, sealed and delivered GRANTOR: in the presence: WAL -MART STORES EAST, LP, a Delaware r io limited partnership p Print Name: 0,Ika-I sf t+02 n i,me•istHe4iri - By: WSE MANAGEMENT, LLC, a ? E� Delaware limited liability company, Print Name: PA cud( +I., General Partner By: Name: Mirk Ct Title: 17 ;r4 - er oC ec.1}, M r STATE OF ARKANSAS COUNTY OF ARKANSAS The foregoing instrument was acknowledged before me this day of July, 2011, by Nick Goodner, Director of Realty Management of WSE MANAGEMENT, LLC, a Delaware limited liability company and General Partner of WAL -MART STORES EAST, LP, a Delaware limited partnership, on behalf of the entity. Such person (notary must check applicable box): ® is personally known to me. ❑ produced a current Florida driver's license as identification. ❑ produced as identification. Tht {Notary Seal must be affixed} Alf � e� 'O A ,( &. - I �' ``'�-�J Signature of Ntry ►l ("471 N RANDI DANIELLE WOODS Name of Notary (Typed, Printed or Stamped) NOTARY PUBLIC BENTON County, Arkansas ‹; f ( i �, � h s My Commission Expires 8/112018 My Commission Expires (if not legible on seal): Commission Number 12371805 ORLA 1727005.1 -3- Signed, Sealed and Delivered GRANTEE: in the presence of: CITY OF OCOEE, FLORIDA By: Print Name: S. Scott V andergrift, Mayor Print Name: ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2011 LEGALITY this day of UNDER AGENDA ITEM NO. , 2011. FOLEY & LARDNER LLP By City Attorney ORLA 1727005.1 -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 VANDERGRIFT 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 are personally known to me. 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_1727005.1 -5- EXHIBIT A (GRANTOR PROPERTY) ORLA_1727005.1 -6- --- - • -- ___ .______ - - — • , , ; • • - : • • • • , ; 0 ; 0 , ; % : r et z :I: .:::::: r.: = :••••••• ••• 'i 3 1 i rig5 ii 1 ip, 4; P 7.1. f,9 19 V 3P ii ; 9 lipi; k las an ik u, 1 g xi gi gig g g • i S Hi i ; 6 1 i PkI9 X I: 1 ° g - - li igd ; it ° I i ! r iii L pa iiiii io a; II i ;di 0 , i hi 0 ,i0. 'SAT! iP 1 ; ISO 1 11 S ii IF , i li i iv , I ri Ili j it ,i; I fit 6! ;:i ei p 1 4! 11 fil iii4Ii! 14 ip gi e it Ili IN 11 g ri',11; i g . fti .: 'till 110 1'1 11 i P! 1; i 1 ii 5 i :: x d i .!.-.: :: I ip a , I 1 Hi 8 IN i ! k ; 4:01 g i t ir i "i; ! . g :xi • ‘ ; ; t.i. i i 2 ' 9 orkwal 1 ! rial, ,i I ! i 1 Ri i 1 I ii i . i ik :II' li 1 0 li 7 ! gafxP; i 7 J .. vt i ii i i AI ; i i Ai:e. I i i ie, 0 11 . i ,1 : li, 1 ! p, r . ; 11 ii t ; i " 41 ■ , , 1 • ' ? ' H ' ::: l' t i W i r: tali"; i !!.4 11 ;',g g gz ' i r ; i 1 't-Al 1 q iii Si / 3 2 'S ' i; k 'ig: 1 ! A :.; E ; V • 11 ";;' 11 , 1 , 11 , I 14 i 0 ;,1 i . 'if 0 i i . 4 „, Viff. if, f ,, AM .1 NI I 0 FAXI;;;Fx • ; ggx;;;;;Ix: I; a .f 15. ii a. 1 AA a ft ,., h 1 1 Il i ' 'e';! er 1 p le i k i ! k i 1,11-4 i ii XXIX ! I iStx MA TCH LINE 1 , i k 31 3 111 , , r If . if if in hi ^ • '; 11 i ji 1 I al ,. e, lk 0 el , ; ....:•5 i:i ; ;• j !I -, -.., 3 i fi I k ! 35 9 ! !! 11111 t, 1"' i ' 1 . 1! '144 ill sip ( .1111 I. 0, ( ii : ! - (s ( 1 I . ! l't .. , , ,, /4 ;II Ir ., 1 > .00000LU.!V:i'''.' 1 1 .x lx10111M711 ., .• , e I I li ' '' .• . 1 I 97,, 3 a ; , , rity4 1 ' I • ', p 11,iiinili/11/1111F11111ri1 • , .-7,—• i l cl issii i llitt.00- .!,.. 1.oliol .;\ 9 1 h 61.111.1 Illiiiiiii110, w s.; - 1,-. 1: 1 11,1. „ I r 1 r 1 , — . .,' - 4 I ;..e ik• il ■ 1 k 1 I _ .._ , PENNON 1 , I • .._ . - T. : ‘« • - ii . , • 7. - - - II ' " ',„_,;;4-,.. - - - - I -. ,,,--....-..- — •4a. ''' '-'''' 1 ii 11 1f i ,,I !I • / • , •. •:t• ee,7 V ,, , lki ! , . - • 1,t kl 1 ,,i,,t , , t ',..... Z. -...,:, , ••••N. 1 \ ..............At - ..,....z.„.. , .. .„„„„,„ . ,_„„.........■•■••. _ •"_,,,,b4,,,,_ -AX.:‘.„ , insiscill. In . .i.::- = - -- - / ., ______..._. . _ ..:,,ft%,.; Alt :. ;';‘ t ,`*NA:t*N1 . •:,4 SIME-1"" l '''' '''''' . s. - I II ' 111 I 11 1 ll 1 ' r■C .,...,' „. 1 ,t. t _ , ,I1 ‘r , 1 r4.1 .. 1 i 1 _ 1 , i.: I - I c ?..I !! if.,• , !I ) --: . , g I..: ,....." , '5' 1 * I, - ■ I i I t . ± , ____ ............_ . ,• ., lot:trma.. ;1 I 4..i...f......... ,t, ,. c J t I e i t il 1; > ' . i - - 4— --- " MI I 11 1 . : ; r ,../ ( , :l . -2 `.: 1 • __ ' - ., i 4 i _ ... i I i 1 - t ' ' 'Z i. " .. ,.•. -''' . i --° - ' 1 I - .'•! ! ,-.- --•--;!) l' : ,; .,—,-;,-- P i .19101. 1 10! . hit . . go -i ri i — 1 m i l li $ a h 4,g11•1 _ .1 1 1 11,1 i i ri '. • , . 1. i 41,011 ik .. i 1 1 s _ :: '..-'. I. ! I ' . :.•,, V h I^ Whiril kl ii` lowimili A , I . ' I ,. t :7s ii I --' ! i ! 1 till • i, ., •,__ 7. __. _._ . ,/,•• ./ ..• --- - • , ••-•=0• - TLsii.,...., I , ' - 1 -1 , i'i .. 1 .. t` 0 I , i 1 -- i.,mTh' ,'i ' T, ' f '„ .1. , .eal , 1 •, i r 1 f A irf n . —s-- . . . 1 0 '11 I , &-4 l',, ' .: I 1 - I 1 Iv :-= - - 1--i,-- ,,, ,, , ‘,.. •: i . 1 , , _ , ._.._ , ___I _ _ . •, :.: .. ....:. 1 . ._,:::__. _ 1 ;I lo; i ig I .' I : I 1 i - , •i-::--. ' -* -• ', 7 .7.. : _ - _I 1 Il twiy.::, ,:._;-_ IF. -',", , -*I- - 1 r g i i , I `'•• ,I ::1 T k , 1 ' --7.7 1 ' -= 7_ --I -41-7 ; ' !• - 1 . - -I ; I ' - - - * -- 1 1/ I I . It i i 1 IY I II i i a \ • i . , __I__ , .1 . 1 . .1 i,...,.___:;; ., :- - .. . - ,. 1: ,, I ,,, i 1 3 , ---,-, r E) . _ 1 :It - --•-• - z 7.71 1 I 9 * • . 11 I 1 I 1 1 I i ' • ' . - t.-i ' T , - . ...I ' -:- ... ' --:-. I - d - .- - - -- ,7 • _ I _ , , _, i I, I I ' I ' l I : : I 4 ' l■ . 141,, 11i . 1 WI T ..___ ■Ir T .. : i_ , :11 1 ,11I I 'I , tq ;11 op I., , ,... , : i_ i i .. . L. • 1 •; .„.„„„ I ____,__ I 11 II : 1/1i1UALLin•liitalilld i ,...', ' li l t , N . 1___ LII I . \ - 1161 10 ...., . , ., • ' " . I , 1 p • ' I t II I a 4::k ■ I k ' .. ttglg-r --. ------ „,7,- ••---- ' ''''' ' - 110114 — iiiliw r, 0 u , v ;INIVAMMIll _. ,,Ick: , - ...' - - IIIMOS - ------:------- - -...". ' - '''-'.- • --.":'". ",,, 11 ! i ----- ■••-- ... - - - ="4.- - = -------- , ,Alir - FG - —t- 1 •,- 47 _4 -- ■ i ;` - ' -----.---- " ------'--2 ": =- ,, - _ ;"---- - ',-, - '--- 'r 1.,': .‘ I , ' "'Er\ IC i I /-*; ' / i • i — 1 g ' g'i'. ......,4e. i • Tr • Ff ' ' •f; ' ga' ; § •••, g .• , - ,.,,, ,,.1;, itf,- , / • • ;,. • 1 i ; r -' rneck ettStrrien} .1 le,CaVicon s i ENE, NO Mr= MatitlillafiC00008 11 PEENED NY PAS DNA. ET DA.M.A.N.L. 2,fte DATE RE MO IgianTrarSji7EA9galgEOWLIDIED El INMAN. . )11... AN NO NINA ( : : . . .4 D 0,2 . 0 7. s il I D . . . ... - 4 ...Ill.. ... . r. . . . .. . .. • . N . . o .7 aartaawr. 0,00.1116. REGISTIAIICN NO , ' NO.NAIE MESON APPROVEEINIE SPO-0 EXHIBIT B (EASEMENT PROPERTY) 1 6 fl €'yl' ORLA_1727005.1 -7- SCHEDULE "A" Description : A portion of Lot 1, Wal —Mart at Ocoee as recorded in Plat Book 48, Pages 122 through 124, Public Records of Orange County, Florida being more particularly described as follows : Commence at the Southeast corner of Lot 5, Wal —Mart at Ocoee as recorded in Plat Book 48, Pages 122 through 124, Public Records of Orange County, Florida; thence along the West right of way line of Blackwood Avenue as shown on said Plat S 02'21'00" E a distance of 119.85 feet to the Point of Beginning; thence continue along said right of woy line S 02'21'00" E a distance of 10.00 feet; thence �: th 1 n . 00 feet West of and parallel S 8T39'00' W o distance of 1V.VV ICCi, �iiic(ii,c vwi� o „��� thct •_ 10.00 with said right of way line N 0721'00" W a distance of 10.00 feet; thence N 87'39'00" E a distance of 10.00 feet to the Point of Beginning. Containing 100 square feet more or less. SURVEYORS NOTES 1. Bearings shown hereon are based on the West right of way line of Blackwood Avenue Wal —Mart at Ocoee, Plat Book 48, Pages 122 -124, Public Records of Orange County, Florida, being S 02'21'00" E. 2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 5J- 17.050 -052 requirements. 3. Not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper. NOT VALID WITHOUT SHEET 2 Date: CERT. NO. LB2108 53760010 DESCRIPTION 05/11/2011 KR .. _ *��� FOR Job No.: Scale: 4 '1' l ? i_ - h j i i 53760 1 " =40' . , / ,' i n �� CITY OF OCOEE AW e , \® SOUTHEASTERN SURVEYING & MAPPING CORP. CH. 5J- 17.050 —.052, Florida 6500 All American Boulevard Administrative Code requires that a Orlando, Florida 32810 -4350 legal description drawing bear the (407 292 -8580 fax(407)292 -0141 notation that email: info ®sout ste urveyin com THIS IS NOT A SURVEY. • SHEET 1 OF 2 L ARY B. KRICK SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245 SKETCH OF DESCRIPTION LINE TABLE LINE LENGTH BEARING L1 10.00' S 02'21'00" E L2 10.00' S 87'39'00" W L3 10.00' N 02'21'00" W L4 10.00' N 87'39'00" E I POINT OF COMMENCE T 1 o SE CORNER OF LOT 5, PAGES 122 -124, PUBLIC RECORDS OF I o ORANGE COUNTY, FLORIDA LOT 5 Ti PLAT BOOK 48, PAGE 122 -124 1.1, DDDD n 1 0 % O IV "O 2 Nj O 0 O CO D O m IT1 � Z LOT 1 C PLAT BOOK 48, PAGE 122 -124 I cfl D (TI 1 Z\ WAL MART PLAZA N I0 N POINT OF BEGINNING N L4 r L1 LINE 10.00 FEET WEST OF AND PARALLEL L2 WITH THE WEST RIGHT OF WAY LINE LOT 6 PLAT BOOK 48, PAGES 122 -124 NOTE : NOT VALID WITHOUT SHEET 1. IMIIIIMIIMIIIMIMMMWMIMMIMMIM LEGEND \ L1 = LINE NUMBER t _ - S ' ng __ __ THIS IS NOT A SURVEY '--11/1111111111- -_ x® SOUTHEASTERN SURVEYING & MAPPING CORP. 1 '' = 40' 6500 All American Boulevard Drawing No. 53760010 Orlando, Florida 32810 -4350 Job No. 53760 GRAPHIC SCALE (407)292 -8580 fax(407)292 -0141 Date: 05/11/2011 rmillimillammmilmin, Cert. No. LB -2108 SHEET 2 OF 2 0 20 40 80 email: info ®southeasternsurveying.corn See Sheet 1 for Description SCHEDULE "A" Description : A portion of Lot 1, Wal —Mart at Ocoee as recorded in Plat Book 48, Pages 122 through 124, Public Records of Orange County, Florida being more particularly described as follows : Begin at the Southeast corner of Lot 5, Wal —Mart at Ocoee as recorded in Plat Book 48, Pages 122 through 124, Public Records of Orange County, Florida; thence along the West right of way line of Blackwood Avenue as shown on said Plot S 02'21'00" E a distance of 10.00 feet; thence along a line that is 10.00 feet South of and parallel with the South line of said Lot 5 S 87'39'00" W a � c o o n ; lino to 10 nn fPPt West of and parallel with said West right distance or iv.vv iooi, �,�� „�� •.,�,.� -- ...._ _.._. of way line N 02'21'00” W a distance of 10.00 feet to a point on the South fine of said Lot 5; thence along the South line of said Lot 5 N 87'39'00" E a distance of 10.00 feet to the Point of Beginning. Containing 100 square feet more or less. SURVEYORS NOTES 1. Bearings shown hereon are based on the West right of way line of Blackwood Avenue Wal —Mart at Ocoee, Plat Book 48, Pages 122 -124, Public Records of Orange County, Florida, being S 02'21'00" E. 2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 5J- 17.050 -052 requirements. 3. Not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper. NOT VALID WITHOUT SHEET 2 Dote: CERT. NO. LB2108 53760009 DESCRIPTION 05/11/2011 KR � - -- _:1 _ & '' FOR Scale: = -`�_ �1 1:. 1 • Job No.: fi - -T -- r ='! \► = \1 53760 1 " =40' r � = � = = i CITY 0 F 0 C 0 EE SOUTHEASTERN SURVEYING & MAPPING CORP. CH. 5J- 17.050 —.052, Florida 6500 All American Boulevard Administrative Code requires that a Orlando, Florida 32810 -4350 legal description drawing bear the (407 292 -8580 fax(407)292 notation that email: info @sout ste urveyin com THIS IS NOT A SURVEY. • SHEET 1 OF 2 ARY B. KRICK SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245 SKETCH OF DESCRIPTION LOT 5 PLAT BOOK 48, PAGE 122 -124 \ _ . POINT OF BEGINNING 0 SE CORNER OF LOT 5, PAGES I o 122 -124, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA I z T1 CO c. SOUTH LINE OF LOT 5 r L4 L1 D I - C jO LINE 10.00' WEST OF AND PARALLEL L2 O WITH THE WEST RIGHT OF WAY LINE 0 LINE 10.00' SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF LOT 5 A Z 1I u m rn LOT 1 m PLAT BOOK 48, PAGE 122 -124 p m WAL MART PLAZA D N N Z A m LINE TABLE LINE LENGTH BEARING L1 10.00' S 02'21'00" E L2 10.00' S 87'39'00" W L3 10.00' N 02'21'00" W L4 10.00' N 87'39'00" E NOTE : NOT VALID WITHOUT SHEET 1. y—t/:1__._._ ' _ I a LEGEND �� _�.. i ii u I - L1 = LINE NUMBER ng liw MIL THIS IS NOT A SURVEY _/-NIIIIIIIIIIIS `_ N® SOUTHEASTERN SURVEYING & MAPPING CORP. Drawing No. 53760009 1 = 40 6500 All American Boulevard Orlando, Florida 32810 -4350 Job No. 53760 GRAPHIC SCALE (407)292 -8580 fax(407)292 -0141 Dote: 05/11/2011 Cert. No. LB -2108 SHEET 2 OF 2 0 20 40 80 email :info @southeasternsurveying.com See Sheet 1 for Description Addendum to Easement Agreement Notwithstanding anything to the contrary in the attached document: Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance either Grantee's improvements or the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Granter ac k ry .,1,-d g es that nrantee, will he removing some landscaping from the Easement Area, which landscaping will be restored and /or supplemented as generally depicted on plans LA -1 and LA -2 dated May 6, 2011, titled "Blackwood Avenue Landscape Plan" on file with the City of Ocoee Building Department . Notwithstanding the foregoing, following completion of any work within the Easement Area, if Grantee has damaged any of Grantor's improvements, including but not limited to paving, sod, herbage, lighting, signage or landscaping within the Easement Area or otherwise on Grantor's property, Grantee shall at Grantee's sole cost and expense restore the property so affected to substantially the same condition as existed prior to Grantee's entry upon the property. Grantee will, to the extent permitted by law, forever waive and hold Grantor harmless for, and defend Grantor against, any claims, losses, causes of action, and suits which arise from Grantee's, its agents', employees' or invitees' acts or omissions, including but not limited to the use of the easement herein granted and will indemnify Wal -Mart for any losses suffered due to any such claims, losses, causes of action or suits. The easement granted hereunder is a permanent easement and will continue in full force and effect so long as the easement is used by the Grantee, its successors and assigns. Grantee shall not interfere with Grantor's business operations while utilizing this easement. Grantee covenants and agrees that Grantor's tract will not be used as a staging area and will not be used to store equipment, trucks, dirt, supplies, etc. Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of either Grantee's improvements or the easement area as provided for herein. Grantee shall comply with any and all applicable federal, state and local laws. rules, regulations, statutes. codes. orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and /or protection of the environment and the employment of its workers. In exercising any rights and privileges under this easement, Grantee shall comply fully with any federal, state or local laws, regulations. ordinances, permits or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water ORLA 1727005.3 -8- General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Requirements "). Grantee shall (i) comply in all respects with all immigration laws, statutes, rules, codes and regulations, (ii) properly maintain all records required by the United States Citizenship and Immigration Services (the "USCIS "). Grantee shall require all subcontractors performing any work on Grantee's improvements or the easement area as provided for herein to make and abide by the covenants set forth in this paragraph. In the event any provision of this Addendum is contrary to the Easement, the terms of this Addendum shall control. ORLA_1727005.3 -9- Ocoee, FL #942 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT (this "Agreement "), dated as of July 1, 2011, is made by and between WAL -MART STORES EAST, LP, a Delaware limited Partnership, whose address is 702 S.W. 8 Street Bentonville, AR 72716, with a mailing addresses of Sam M. Walton Development Complex, 2001 S.E. 10 Street Bentonville, AR 72716 -0550, Attn: Realty Management ( "Grantor ") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager ( "Grantee "). The following statements are a material part of this Agreement: WHEREAS, Grantor is the owner of a tract of land, more particularly depicted and described on Exhibit A, attached hereto and by this reference made a part hereof (the "Grantor Tract "); and WHEREAS, Grantee plans to construct certain sidewalk and street light improvements within City easements and rights -of -way in the vicinity of the Grantor Tract (the "Project "); and WHEREAS, the Project shall be mutually beneficial to Grantor and Grantee; and WHEREAS, Grantor wishes to quitclaim, and Grantee wishes to receive. a temporary construction easement over, under and across two portions of the Grantor Tract, more particularly depicted and described on Exhibit B, ( "Easement Area ") solely for the purposes set forth herein. THEREFORE, in consideration of the covenants contained in this Agreement and other good and valuable consideration, the receipt of which is acknowledged, the parties agree as follows: 1. Grantor quitclaims to Grantee, its successors and assigns a temporary, non - exclusive construction easement for the benefit of Grantee over, through and across the Easement Area in order to facilitate the Project. Grantee. through its officers. employees, contractors and agents, at Grantee's sole cost and expense, shall have the right to enter upon the Easement Area in such a manner as may be reasonably necessary for the Project. This Agreement shall expire upon the completion of the Project, but in no event shall this Agreement survive beyond one year from the Effective Date as set forth in Section 12 below; provided all Grantee's warranties. representations and, to the extent permitted by law, indemnities shall survive the termination of the Agreement and continue for the benefit and protection of Grantor for as long as possible under applicable law. In no event shall Grantee use the Easement Area in a manner which, in Grantor's sole discretion, unreasonably interferes with Grantor's use of Grantor's adjacent property. Grantee also covenants and agrees that the Easement Area will not be used for the erection of any temporary structures, except such structures reasonably necessary to ensure the safety and security of the Easement Area. Following termination of this Agreement, Grantee shall provide Grantor written release and extinguishment, in recordable form, of all Grantee's rights under this Agreement. 2. Grantee agrees to use due care in any use of the Easement Area pursuant to this Agreement so as not to unreasonably disturb Grantor's use of Grantor's adjacent property. Grantee further agrees Urantee shall not unreasonably interfere with Grantor's business operations while utilizing the Easement Area. Grantee covenants and agrees during the term of this Agreement to properly maintain the Easement Area and keep same in good order, free and clear from rubbish. Grantee further covenants and agrees that all construction activities utilizing the Easement Area will be timed so as to not interfere with trucking schedules of Grantor, and that driveways damaged by Grantee's use of the Easement will be promptly repaired to substantially the same condition existing prior to the work at Grantee's sole cost and expense. Grantee covenants and agrees that it will keep one lane open for ingress and egress at all times and will provide safety measures to direct traffic during any periods of time when a portion of the entrance is closed for construction. Notwithstanding the foregoing, the exercise by Grantee of any rights under this Agreement shall be prohibited during the months of November and December. If the Project has not been completed by October 31st of the then - current year, then Grantee may resume the work within the Easement Area after January 1 of the subsequent year. Grantee covenants and agrees that the Easement Area will not be used as a staging area and will not be used to store equipment, trucks, dirt, supplies, materials, rubble, spoil or any other materials of Grantee. Grantee shall not dig any open pits, trenches, borings or holes on or under the Easement Area without providing adequate safety measures in accordance with Maintenance of Traffic standards, which measures may include but are not limited to signage, caution tape and barricades. Grantor agrees that Grantee may utilize the entranceways, driveways, private streets or private roadways located on Grantor's property immediately adjacent to the Easement Area for access to the Easement Area so long one lane for ingress and egress to Grantor's property remains open. Grantee covenants and agrees that no heavy trucks or equipment associated with the use of the Easement Area by Grantee shall utilize other entranceways, driveways. private streets or private roadways located on Grantor's property. 3. Grantor acknowledges that Grantee will be removing some curbing, sidewalk and landscaping from the Easement Area. Grantor also acknowledges that the sidewalk shall be relocated to the adjacent City right -of -way and the curbing and landscaping restored and/or supplemented as generally depicted on Exhibit B attached hereto and by this reference made a part hereof. Notwithstanding the foregoing, following completion of work. if Grantee has damaged any of Grantor's improvements, including but not limited to paving, sod, herbage, lighting, signage or landscaping within the Easement Area or otherwise on Grantor's property, Grantee shall at Grantee's sole cost and expense restore the property so affected to substantially the same condition as existed prior to Grantee's entry upon the property. 4. Grantee, and Grantee's successors and assigns, shall, to the extent permitted by law, indemnify, defend and hold harmless Grantor and Wal -Mart (as defined herein) from and against any and all losses, liabilities (including strict liability), claims, causes of action, damages, injuries, liens (including mechanic's liens and materialman's liens), expenses and costs, including without limitation reasonable attorney's fees of any settlement. judgment or claims of any and every kind whatsoever paid, incurred or suffered, in connection with any damage or liability to persons or property that might arise directly or indirectly during Grantee's use of the Easement Area pursuant to this Agreement. Grantee further agrees that Grantee shall, at all times during the duration of this Agreement, maintain and pay for or require its subcontractors to maintain and pay for comprehensive general liability insurance affording protection to Grantor and Grantee, and naming Grantor, and Wal -Mart Stores, Inc., a Delaware corporation ( "Wal- Mart"), as an additional insureds on the policy or policies for a combined bodily injury and property damage limit of liability not less than $1,000,000.00 for each occurrence with a maximum aggregate liability of $2,000,000.00. Grantee further agrees, upon request, to deliver to Grantor a certificate or certificates from an insurance company or insurance companies satisfactory to Grantor evidencing the existence of such insurance and naming Grantor and Wal -Mart as an additional insured. 5. Grantee, and Grantee's successors and assigns, shall, to the extent permitted by law, indemnify, defend and hold harmless Grantor and Wal-Mart from and against any and all losses, liabilities (including strict liability), claims, causes of action, damages, injuries, expenses and costs, including without limitation reasonable attorney's fees of any settlement, judgment or claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor and/or Wal-Mart, and their respective successors and assigns, by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of Grantee's use of the Easement Area pursuant to this Agreement, or the escape, seepage, leakage, spillage, emission, discharge or release of any hazardous substance resulting from the Grantee's use of the Easement Area pursuant to this Agreement upon or under any tract of land owned by Grantor including without limitation, any losses, liabilities (including strict liability), damage, injuries, expenses and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, any so called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any hazardous substance. 6. In exercising any rights and privileges under this Agreement, Grantee shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Requirements "). In addition to any other provisions of any Storm Water Requirements: A. Grantee shall, if required by any Storm Water Requirements, prepare a Storm Water Pollution Prevention Plan (the "Grantee SWPPP") for that part of the Easement Area on which Grantee plans to conduct earth- disturbing activities. Any Grantee SWPPP shall identify and describe the role of any other contractor, entity or individual contemporaneously undertaking earth - disturbing activities in complying with the Storm Water Requirements, and shall identify the manner in which Grantee and any such contractor, entity or individual shall coordinate to comply with the Storm Water Requirements and to avoid negatively impacting any erosion or sediment controls during earth - disturbing activities. Grantee shall provide Grantor with a copy of any required Grantee SWPPP prior to initiating any earth - disturbing activities. B. Grantee shall, if required by any Storm Water Requirements, submit a "Notice of Intent" (as such term is commonly defined in the environmental compliance industry) or other permit application prior to initiating any ground - disturbing activities at the Easement Area covering the number of acres which will be disturbed by Grantee. Grantee shall submit any required Notice of Intent or other permit application regardless of whether Grantor or any agent or contractor of Grantor has also submitted any Notice of Intent or other permit application, unless any Storm Water Requirements expressly prohibit such submittal. Grantee shall provide Grantor with a copy of any required Notice of Intent or other permit application prior to initiating any earth - disturbing activities. C. If Grantee and Grantor, or any agent or contractor of Grantor, contemporaneously undertake any earth- disturbing activities, Grantee shall attend any weekly meetings held by Grantor, or any agent or contractor of Grantor, to review the requirements of any applicable permits, any Grantee SWPPP and any other SWPPPs prepared for the property owned by Grantor to address any problems that have arisen in implementing the SWPPPs or maintaining Best Management Practices ( "BMPs "). D. In the event Grantee, in exercising the rights and privileges of this Agreement requires the development and/or use of borrow, material, equipment or waste storage sites, Grantee agrees it shall, prior to the development and /or use of such sites, obtain any permits or approvals necessary for the legal use of such sites, and shall also comply with all laws, regulations and permit conditions applicable to such sites. Grantee hereby discloses that the provisions of Section 6 A. B. C and D are not applicable to the Project. 7. Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of Grantee's improvements. Grantee shall comply with any and all applicable federal, state and local laws, rules, regulations, statutes, codes, orders and ordinances with regard to work performed within the Easement Area, including, but not limited to, those governing the prevention, abatement and elimination of pollution and /or protection of the environment and the employment of its workers. 8. If Grantee defaults in the performance of any provision contained in this Agreement, Grantor may terminate this Agreement following written notice and a fifteen -(15) day period during which Grantee shall have the opportunity to cure such default to Grantor's satisfaction. 9. Grantee acknowledges that it is Grantee's sole responsibility to obtain any governmental permits to perform any required maintenance checks, and to abide by any governmental regulations associated with the use, construction, patrolling, replacement and maintenance of Grantee's improvements, as applicable. 10. Nothing contained in this Agreement or in any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the Grantee of its sovereign immunity under the constitution and laws of the State of Florida; provided, however, that this paragraph shall not be construed as an attempt by the Grantee to negate any partial waiver of sovereign immunity made by the Legislature under the provisions of The Tort Claims Act, Section 768.28. Florida Statutes or any future statute or Act adopted by the Florida Legislature. 11. This Agreement may be executed in one or more counterparts (including by facsimile), all parties need not be signatories to the same documents, and all counterpart signed documents shall be deemed to be an original and one (1) instrument. 12. The Effective Date of this Agreement shall be the last date of execution by the parties. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first written above. WI ESS: WAL -MART STORES EAST, LP a Delaware limited partnership WITN SS: By: WSE MANAGEMENT, LLC a Delaware limit d • ility company, General Partner By: t' Nick Goodner Director of Realty Management ACKNOWLEDGEMENT STATE OF ARKANSAS ) §§ COUNTY OF BENTON On this day of July, 2011 , before me, the undersigned notary public in and for said County and State, personally appeared before me Nick Goodner, to me personally known, who, being by me duly sworn, did say that he is Director of Realty Management of WSE MANAGEMENT, LLC, a Delaware limited liability company and General Partner of WAL -MART STORES EAST, LP, a Delaware limited partnership and said Nick Goodner acknowledged said instrument to be the free act and deed of said entity. WITNESS MY HAND and notarial seal subscribed and affixed in said County and State the day of July, 2011. _ ,.- NOTARY P I IC My Commission Expires: Cd r _ r / r i f RANDI DANIELLE WOODS 1 NOTARY PUBLIC BENTON County, Arkansas My Commission Expires 8/1/2018 Commission Number 12371805 GRANTEE: Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA By: Print Name: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk Print Name: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY APPROVED BY THE OCOEE CITY COMMISSION OF OCOEE, FLORIDA. Approved as to form and AT A MEETING HELD ON , 2011 legality this UNDER AGENDA ITEM NO. day of , 2011. 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): EXHIBIT A [Grantor Tract] UNE 1 1 ! . % 1.1; i; ; ; I; : Hi ' • A ; ; ' i ^^" ' " ' ' - ' ' ' ' ' ' ' ' ' ' ' • • - • • ' • • '. r P 11111 I I 18 II ' 11" =I !,' ; I' 1 l il MIT if ill Ili EE EE ;E 1 px EE ; 1 EEHEE x sax XRd p EX r e XE id did I i ' 10 Pi i qr ... 0 1 1, . „ i 8 diti g 4 . 1 , ; , ia pi; r i i / 1 1 - .1. ilf 1 . / p Ed irli! i 14 p i 1 fp ii 0E 150 r, Ili ;i s! e..1;t : it Oil 11 it : t : ti T . eir At R 1 ! P 11 =I 1; I l'i g'; 8 •• .! il 1 1 lc tiF. , . 1 x s I i sz r, ri• D II. gt g 41 & f a , 88 8 ; - • E ; ko' ■• 1 71'; 1 1, i 'I ; • 7f a.g.7 • s ; .!'.11, 71"E Is i 0 ..= li 4 I ! ; 1 ! ii v 1 6! li ; !,/ hi I 1 9 1 it if , ' Ei ; i ligiii : 10 . 6 , •.• if • i / IF / PI . 1. f; b I in ,i 0 q r . ; 1 1 4 ill iri t.e. I ii , ,.: , 1 c; t in os, i o of ! 1p . il ! 0 ! 1 .81 i ,. i s 11 I 18 1 ,1 I ; :' I .1 . 0 1;iiii.. i ; L. 6. :11.6 1. i° II% f: 5010I ° 11/ 1I =" ' 8 = Ib* ' 8 I i;1 °1 Fig IE ' 2 2 t 1 , 11 1 " " i! zit t 2 , i i " 4: 1,1 lx! :i A l ; I ir ' : !„... : . .: !! • mas , ! ' I , /I -. 5. "5 , ' ' i g. 5, I g ' i r. . i e -.1 ■-1 ,,, 3 .t de , t a , z E :::' ill • 116 o : 2 ; " ; . 11 r EI 1 1:4,0 sdiXiE; li • IP i IP Pi 1 i E 1 .. •1:1 ',' / 5 Al .i i. ,re i I, • i .4 ! f 1 = il.T.g, it z, / c , / = 21 - i 1 ,- I .„ .1 6...=0 - ir , I . ' d E ES ; ' ; EE ° d - • s 1 E° ' -- 1; 1 1 . 1 1 i 1 i V I .0000BOWti e 1 'f if,wPW.Tii , :E1 , ii IV- 11 tt e, 011111119 / ' , , :t . : . • I • • , . Pi 15 5; ; Prlitt°00 elle 01_00151 ,, - 5 l P 1114E11115h iiighisliffillgt; v ' A !I 11 ° ' '1!Irril WI 0 IIPri 1 ' ..: ___ , ; i-:•. : 1 1 1 i t • '' ' 1 ww• MOWN./ • . t . 11 lir ) I • • .. li 1 .•., , t r.r. 1 rir9 i 1 .... :,.,., ii :1111.#1 , i . 'L .,...,• i'' ,- • AiDtt ,.. 1 1 . 1 ',If:. i ,„,.■..M.4111.,,,,L 'Ci. - 1 e ' .71 4117: .•% .....; =c an= .....t..... ; . -- •,,?, .---------,, i zessmiN , ;; ,•,,,,,, , , , ,:. : „. •;; , , ,,..va ; NEI -- 1 i I , . i.: 1 .. • ,, ,,,, , ,\;s1 . ::. , 3.:•-,•.. -- -I Wil ,,, ,, , , , .., , ••, , v)... „ , s.,.. , 1 , ' ••1, :,, '0 I... .., • . ... fg till '41 ... :if 1 . e. ■41 g ! 0 1 /•_--- f :. 1 - gl •-• . Iii 1 1 V • , - . 1 - --- ' 1 i .■ ', ' ....„ ;e.t. 7 2 1 ' : I > ' -, • _ ..---J---) , ..! aw 1 f J --....-- :i :, ,. I maormay. gli 1:191 1r i gir I i it - 54 1 i 1 a I, ii ,. l hi • , i • .. tr, N411. ,1 r.1 4 1 ot 1 ! 1 ; .1 I , ; _ .4.! i q : . ..' I r. . ..=-; ,I. I • .i i 1.:, ----,-, Trr, 1/ I' d dr= :All !A; ! - • • _ •-•„, - , L. ,,, , „,•1, ,I, ) . ' ■-.- ,— ,- ;h.' 1 11 1 /, r ,, .T.,....._ ,, , , 1 griffi - 17 - • • I , , :L-_ 1 It, , ; ' i - :; -74; - -., ; 1 1 ' 1,•,:. 0 1 :',- 8; , It ; I I ; : i 1 „ , 8 ( - , f . - - ' -- jr ___ - --g ::-...., .„,-r ii -- , , 1 1. ' ; ..sh- ' - ' 1 ;- : ' - f- 0 .0 '..".1 ... Es.. 0 ,;;-' ' - V .2' .. . /', i i _ j ' L: .... . ■ __ 1 i _ ;. _-__ ' ... . -__. -_ 1 ; - _ , 1 ,, ' , 1 i ; '1 f 1 , .., _ . . , _ , c;1 ::7 P I / ,1; ; . 1 • j ; ; Att -,• I: NI ; - 1 1 , =I , P me - 1 1 I' OM' 1 ■•■ i j : 111 i 1 !I , Id 11 3 i - . ___ 1 .- _ , , . , -L- f 1 r - - • 1 : ' 11 j I 1 j 1,11 i j ., j ji ! ..: , . ._ j - _-..:. 1 _:•:_. . 1_ - -- 11 =-- -_. 1 '4 .. :1 j . .-_ - j "C 1 - j j ! . - Al.:- 0 0 ■ ...0 2 , . --: 6.:- ' -4-. j 4 j I '.': i • 41 j . : . I • -- .... _ , i . _,_. - - - , 1 1+,09 . ... ; . "6 ,M1770 1 1 . _" •. ' ■ 1 41! 1 ;: _ , , rn-r, ■ -' . I L ,., ° Taimyr A . 0111111 T.., ■Lt _ I 1 1:: ' 13) ' _... .1 . ciiiri:lcz - sr..7 - 1 -___ - .. - • , n 7 . I: ■ III, , I k 77, • 11 i I i ; I L-1 ' ' 1 grur ,..____. , „. 0 , 5 ,.! ,,,„:•, ,__,._„, , 7 , , il 11_,//, 7 ...W ' 111 .3),LLn_,11_,_,... il, ; inli n i n l ith i ni , ,,, i ; i „ 11 qi 1 1111 1,1 - , ____.,,,-._- ,,i , . i. 1 : .k .s II • &71 .; " ; 11 :.....- i ' 1 1;111'fir-AW' milky" •••gfr I. I 1 . .1 . 1:, ,'.. g =1:1::7 ':::',{ ,•----'--:—....--- '. — ••;••.',_ .-, :1 '•' •c • ..-- :-;''. 4-- - 1 1 - - • -•-' ... r .■,..7. -, 7 ----- 7' a... visa .„, „ c , ,.. - -,-.- r wir Erg ,,,, 1 _ . —. • --. ____:--_-• % -- t.: - Pm : -• - - -_-__- -•- , - .N. 1 HI ------ ------------,--- - , - ....• - - ..art... 1 e .:•.7.7_= ',7 --- _ _ -__-4 - • --, .,, i . „-- - 4.=-- 7., r - : e;!..84 1 • -1,-,-4 !, / Ly 1-8: '84 ' .-:;8". r .... I ,:-..,.!,,, thiii I / I 1 i .:, • g " ., - ;tiii A.'• :!?!.4" ..,. „ : ! 1 ; , ,: - I; p PC (k 1 Q,C43.40r1S CC E - 10 MOW 131 MAX MAK DA1 1 CRIZAINNAN. DESIGNED 131 P.00 DRAWN BY nu. Amis. 2, . DAIL rm. nos. i ©•=4, Wgik.a..witgaekler ftWPCILIKIOCIRIAMIIM CHECKED BY .w.A 3/. 1 1:71" 11.14.7 ig5441:13n WM. 3 043-ii.ain 1343.cra aggfICR.1731T 4304121, ,1 1:17' .2.14077 /00337 2/. • JOS mo maw en■=101., 001100004 REGIS171•31.1 NO. 1 7344 O. TE Kw.. 10P1 17317-1 81141°1°4" :77 77EL = hilo■ A _ _ -- _ . ., . - ---- 41.., - Tt.mptifttry e:onsli1C-t-t`br\ EC.C.6 _______ ... EXHIBIT B [Easement Area] SCHEDULE "A" PURPOSE : TEMPORARY CONSTRUCTION EASEMENT Description A portion of Lot 1, Wal—Mart at Ocoee as recorded in Plat Book 48, Pages 122 through 124, Public Records of Orange County, Florida being more porticularly described as follows : Begin at the Southeast corner of Lot 5, Wal —Mart at Ocoee as recorded in Plat Book 48, Pages 122 through 124, Public Records of Orange County, Florida; thence along the West right of way line of Blockwood Avenue os shown on said plat S 02'21'00" E a distance of 140.97 feet; thence S 87'00'45" W o distance of 68.30 feet; thence N 02'03'18" W a distonce of 1 41 .73 feet to o point on the South line of said Lot 5; thence along the South line of said Lot 5 N 87'39'00" E o distance of b /.5/ teet to the roint of beginning. Containing 9,602 square feet or 0.22 acres more or less. SURVEYORS NOTES 1. Bearings shown hereon are based on the West right of way line of Blockwood Avenue Wol —Mort at Ocoee, Plot Book 48, Pages 122 -124, Public Records of Orange County, Florida, being S 02'21'00" E. 2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drown under my direction and thot it meets the Minimum Technical Standards for Land Surveying CH. 5J-17.050-052 requirements. 3. Not valid without the signature and raised seal of o Florido Licensed Surveyor and Mapper. NOT VALID WITHOUT SHEET 2 Date: CERT. NO. LB2108 53760008 DESCRIPTION 05/10/2011 KR - -- FOR Job No.: Scale: -1;__ 1_: I ` : _ _ -_� .., 1. 53760 1 " =40' —• -- t��� CITY OF OCOEE Am - i=� ■ m == SOUTHEASTERN SURVEYING & MAPPING CORP. CH. 5J- 1 -.052, Florido 6500 All American Boulevard Administrative Code requires that o Orlando, Florida 32810 - 4350 legal description drowing beor the (407 292 - 8580 fax(407)292 - 0141 notation that email: info ®lout ste n urveyin com THIS IS NOT A SURVEY. • SHEET 1 OF 2 ARY B. KRICK SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245 SKETCH OF DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT LOT 5 PLAT BOOK 48, PAGE 122 -124 POINT OF BEGINNING SE CORNER OF LOT 5, PAGES 122 -124, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA N 87'39'00" E 67.57' SOUTH LINE OF LOT 5 I 0 to 0 0 z '''h _ ii[ co o _ C) w LOT 1 x M PLAT BOOK 48, PAGE 122 -124 � A 0 WAL MART PLAZA T D i < r co D 0 O G _a m ' M 4 Z CA auC � m C7 m I N N I S 87'00'45" W 68.30' LOT 6 PLAT BOOK 48, PAGES 122 -124 NOTE NOT VALID WITHOUT SHEET 1. ______ .r u IIIMIIIII M. \ A ! g sur ng_� ° , THIS IS NOT A SURVEY _•/IIIIIIIMIII -_ \® SOUTHEASTERN SURVEYING & MAPPING CORP. Drawing No. 53760008 1 ' = 40 6500 All American Boulevard Orlando, Florida 32810— 4 350 G RAPHIC SCALE Job No. 53760 (407)292 -8580 fax(407)292 -0141 Date: 05/10/2011 SHEET 2 OF 2 Cert. No. LB -2108 See Sheet 1 for Description 0 20 40 80 email: infoOsoutheasternsurveying. com SCHEDULE "A" PURPOSE TEMPORARY CONSTRUCTION EASEMENT Description : A portion of Tract 8, Wal—Mart of Ocoee as recorded in Plat Book 48, Poges 122 through 124, Public Records of Orange County, Florida, being more particularly described as follows Begin at the Southeast corner of Tract B, Wal—Mart at Ocoee as recorded in Plat Book 48, Pages 122 through 124, Public Records of Orange County, Florida, thence along the South line of said Tract B N 90'00'00" W o distance of 26.28 feet; thence N 00'00'00" E o distance of 214.25 feet to a point on the East line of said Tract B, said point being on o non tangent curve, concave Southwesterly, hnvino o radius of 50.00 feet: thence along the arc of said curve and along the East line of said Tract B through o central angle of 62'23'52 a distance of 54.45 feet to the point of tangency of said curve ( chord bearing and distance between said points being S 31'03'01" E 51.80 feet ); thence along said East line S 00'08'55" W a distance of 169.87 feet to the Point of Beginning. Containing 5,348 square feet or 0.12 acres more or less. SURVEYORS NOTES 1 Bearings shown hereon are based on the East line of Tract B, Wal —Mart at Ocoee, Plot Book 48, Poges 122— 1 24, Public Records of Orange County, Florida being S 00'08'55' W. 2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technicol Standards for Land Surveying CH. 5J— 1 7.050 -052 requirements. 3. Not valid without the signature and raised seal of o Florida Licensed Surveyor and Mapper. NOT VALID WITHOUT SHEET 2 Dote: CERT, NO L82108 53760007 DESCRIPTION 05/10/2011 KR FOR Job No.. Scale: • ' ( �T_• _= Q 1 53760 1 " =40' i. Ate , � % '� =, CITY OF OCOEE �ns ■ ■■ W \\ SOUTHEASTERN SURVEYING & MAPPING CORP CH. 5J- 17.050 —,052, Florida 6500 All American Boulevard Administrotive Code requires that o Orlando, Florida 32810 - 4350 legol description drowing bear the (407 292 - 8580 fax(407)292 - 0141 notation that email: info®sout ste n urveyin com THIS IS NOT A SURVEY.. SHEET 1 OF 2 ARY B. KRICK SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245 SKETCH OF DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT STATE ROAD 50 ( WEST COLONIAL DRIVE ) R = 50.00' RIGHT OF WAY VARIES PER PLAT BOOK 48, PAGES 122 -124 L = 54.45' CH = 51.80' CB = S 31'03'01" E i nlllnl TAAI J I \ a N I N N V) - P.T. o aQ a. `- o czi a) a Y O in a O N CC m et 4. g N O • a w • Z J TRACT B 0 PLAT BOOK 48, PAGES 122-124 6 m to Z a a N d N QQ 3 rn w C) w Ooa 0 O `' a x D 3 5 °a° • o YEr ° U o i li : Z o g ° ° m o 'ri b m o 0 v) f7 POINT OF BEGINNING SE CORNER OF TRACT B, WAL -MART SOUTH LINE OF TRACT 8 / AT OCOEE, PLAT BOOK 48, PAGES 122 -124, PUBLIC RECORDS OF LOT 1 N 90'00'00" W 7 ORANGE COUNTY, FLORIDA LEGEND PLAT BOOK 48, PAGES 122 -124 26.28' = CENTRAL ANGLE R = RADIUS L = ARC LENGTH ���M� ■ H = CHORD DISTANCE ���m�� �� � � CB = CHORD BEARING ∎!� anisiiM � P.T. = POINT OF TANGENCY he _ AS NOTE n g —\ NOT VALID WITHOUT SHEET 1. _ II .- ■■■■ `_ \® THIS IS NOT A SURVEY SOUTHEASTERN SURVEYING & MAPPING CORP. — 6500 All American Boulevard Drowing No. 53760007 1 40 Orlando, Florida 32810 -4350 Job No 53760 GRAPHIC SCALE (407 Dote: 05/10/2011 v )292 -8580 fax(407)292- 0141 SHEET 2 OF 2 I 1 Cerl. No. LB 2108 email: info@southeasternsurveying.com See Sheet 1 for Description 0 20 40 80