HomeMy WebLinkAboutItem #07 Approval of an authoriztion for the City to terminate two temporary construction easements and for the Mayor to execute the related Notices of Termination tenter of Good ziv
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AGENDA ITEM COVER SHEET
Meeting Date: July 17, 2012
Item #
Reviewed By: / ■
Contact Name: Al Butler, CIP Manager Department Director: Gl
Contact Number: 407 - 905 -3100, ext. 1543 City Manager: /f
Subject: Approval of and authorization for the City to terminate two temporary construction easements
and for the Mayor to execute the related Notices of Termination. (District 3 — Johnson)
Background Summary:
Prima Vista Utilities acquired a temporary construction easement in November 1984 from Richard W.
Davis and Allison D. Burguiere, the then - owners of Orange County Parcel No. 20- 22 -28- 0000 -00 -021,
located in the southeast corner of the intersection of Maine Street and Richmond Avenue. This
acquisition was part of the process to construct the original Lift Station 7, which was a major component
of their sanitary sewer collection and transmission system. That easement was to terminate "one year
following the commencement of improvements for which this easement is being granted, or until the use
thereof is abandoned." The City subsequently acquired the assets of Prima Vista Utilities, including the
original Lift Station 7. That facility was enlarged and relocated to a point further north adjacent to the
Richmond Avenue right of way and north of Maine Street by the City in 2009. As part of this project, the
City acquired a temporary construction easement from McCormick Road, LLC, the owner of Orange
County Parcel No. 20- 22 -28- 0000 -00 -015 in 2009. This easement was to "terminate upon completion of
the construction of the Improvements as certified by the City" and carried a requirement for the City to
"record a Notice of Termination in the Public Records of Orange County, Florida" upon completion of the
work.
Both parcels are now owned by M &I Regional Properties, LLC, which has asked the City to provide a
formal Notice of Termination for both easements in order to facilitate sale of the land and its subsequent
development. All construction activities for which the easements were acquired have ceased.
Terminating the easement will not adversely impact City operations.
Issue:
Should the City Commission approve the termination of two temporary construction easements
associated with the original construction and subsequent relocation of Lift Station 7?
Recommendations
The Engineering Department recommends that the City Commission authorize the Mayor to execute
notices of termination for the two identified easements. Doing so will facilitate development of the
affected properties.
Attachments:
A sample easement termination agreement addressing both properties is attached. The final documents
to be executed by the Mayor will address each parcel in a separate termination notice and are being
prepared by the City Attorney and will be made available at the City Commission meeting.
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Financial Impact:
There is no direct and immediate financial impact on the City through this action; however, subsequent
development of the properties will provide additional revenues to the City.
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
X Commission Approval
Discussion & Direction
X 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 ( ) N/A
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THIS INSTRUMENT PREPARED BY:
Robin G. Drage
Shuffield Lowman & Wilson P.A.
1000 Legion Place, Suite 1700
Post Office Box 1010
Orlando, FL 32802 -1010
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, Florida 34761
TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT
THIS TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT (this
"Termination ") is made and entered into this day of , 2012 by the
CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore
Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City ").
WITNESSETH:
WHEREAS, McCormick Road, LLC ( "McCormick "), as grantor, and City, as grantee,
entered into that certain Temporary Construction Easement Agreement dated February 11, 2009
as recorded in Official Records Book 9841, Page 1439, Public Records of Orange County,
Florida (the "Easement "); and
WHEREAS, M &I Regional Properties, LLC ( "M &I "), is the successor in title to
McCormick with respect to the lands encumbered by the Easement; and
WHEREAS, City has no further use of the Easement, the purpose for which it was
acquired having been fulfilled; and
WHEREAS, the City desires to terminate the Easement of record in its entirety.
NOW, THEREFORE, for and in consideration of the sum of Ten and No /100 Dollars
($10.00) and other good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, the City does hereby covenant and agree as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference and made a part hereof.
2. The City hereby cancels, releases, repeals, terminates and rescinds the Easement
and declares all of the rights and privileges contained therein of no further force and effect.
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IN WITNESS WHEREOF, the City has caused this instrument to be executed by its
duly authorized elected officials as of the day and year first above written.
CITY OF OCOEE,
Signed, sealed and delivered a Florida municipal corporation
in the presence of:
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Beth Eikenberry, City Clerk
Print Name:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
FOR USE AND RELIANCE ONLY BY ON , 2012
THE CITY OF OCOEE, APPROVED UNDER AGENDA ITEM NO.
AS TO FORM AND LEGALITY THIS
DAY OF , 2012.
SHUFFIELD, LOWMAN & WILSON, P.A.
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 make 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, a Florida municipal corporation, 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 , 2012.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
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THIS INSTRUMENT PREPARED BY:
Robin G. Drage
Shuffield Lowman & Wilson P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
AND SHOULD BE RETURNED TO:
Beth Eikenberry
City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, FL 34761
(407)905 -3100 ext. 1543
TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT
THIS TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT (this
"Termination ") is made and entered this day of , 2012, by the CITY OF
OCOEE, FLORIDA, a Florida municipal corporation, whose address is 150 North Lakeshore
Drive, Ocoee, Florida 34761 (hereinafter referred to as "City ").
WITNESSETH:
WHEREAS, Richard W. Davis and Allison D. Burguiere, (collectively, "Grantor "), and
Prima Vista Utility Company ( "Grantee "), entered into that certain Temporary Utility Easement
( "Easement ") dated November 5, 1984 as recorded in Official Records Book 3576, Page 1180,
Public Records of Orange County, Florida; and
WHEREAS, City is the successor in interest to Grantee; and
WHEREAS, M &I Regional Properties, LLC ( "M &I ") is the successor in title to Grantor
with respect to the lands encumbered by the Easement; and
WHEREAS, City has no further use of the Easement, the purpose for which it was
acquired having been fulfilled; and.
WHEREAS, City desires to terminate the Easement of record in its entirety.
NOW, THEREFORE, for and in consideration of the sum of Ten and No /100 Dollars
($10.00) and other good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, the City does hereby covenant and agree as follows:
1. The above recitals are true and correct, form a material part of this Termination, and
are incorporated by reference.
2. City hereby cancels, releases, repeals, terminates and rescinds the Easement and
declares all of the rights and privileges contained therein of no further force and
effect.
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IN WITNESS WHEREOF, the City has caused this instrument to be executed by its
duly authorized elected officials as of the day and year first above written.
CITY OF OCOEE,
Signed, sealed and delivered a Florida municipal corporation
in the presence of:
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Beth Eikenberry, City Clerk
Print Name:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
FOR USE AND RELIANCE ONLY BY ON , 2012
THE CITY OF OCOEE, APPROVED UNDER AGENDA ITEM NO.
AS TO FORM AND LEGALITY THIS
DAY OF , 2012.
SHUFFIELD, LOWMAN & WILSON, P.A.
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 make 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, a Florida municipal corporation, 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 , 2012.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
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