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Home My WebLink About07-16-13 Emergency Item #2 - Non-Exclusive Reuse Water Line Easement Agreement wit the City of Winter Garden for N. Side Reclaimed Water Main Extension ProjectOcoee fIorida AGENDA ITEM COVER SHEET Meeting Date: J7uly 16, 2013 Item # Emergency Item #2 Contact Name: David A. Wheeler, P.E. Contact Number: 407 - 905 -3100, ext. 1504 Reviewed By / Department Director: City Manager: , e /% `�-. Subject: Non - Exclusive Reuse Water Line Easement Agreement with the City of Winter Garden for the North Side Reclaimed Water Main Extension Project ( District 1 — Commissioner Grogan) Background Summary: The North Side Reclaimed Water Main Extension project was awarded to Hazen Construction LLC at the April 16, 2013, City Commission meeting. The project is the extension of the 16 inch reclaimed pipeline along McCormick and Ocoee - Apopka Roads to provide reuse water to the Forest Brooke, Eagle's Landing, Westyn Bay, Vineyards, Fountains West, and Ocoee Crown Point developments. The route of the pipeline along Ocoee - Apopka Road becomes very congested in the area of the City of Winter Garden's effluent disposal property. Ocoee staff approached the Winter Garden staff about the possibility of placing our reuse pipeline across the Winter Garden property. The attached Non - Exclusive Reuse Water Line Easement Agreement with legal description details that effort at documenting the two City staff's efforts for the design and placement of the reuse pipeline across the Winter Garden property. The attached copy of the agreement was prepared by the City of Winter Garden and reviewed by City of Ocoee Legal Counsel. Issue: Authorization to Execute the Non - Exclusive Reuse Water Line Easement Agreement with the City of Winter Garden for the North Side Reclaimed Water Main Extension Project. Recommendations The Engineering and Utilities Departments recommend that the City Commission authorize the Mayor and City Clerk to execute the Non - Exclusive Reuse Water Line Easement Agreement with the City of Winter Garden for the North Side Reclaimed Water Main Extension Project. Attachments: Non - Exclusive Reuse Water Line Easement Agreement Financial Impact: There is no financial impact to the City with the execution of this Non - Exclusive Reuse Water Line Easement Agreement with the City of Winter Garden. Type of Item (please mark with an 'Y) 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 (� v N/A 2 After Recording Return to: City of Winter Garden, Florida Director of Public Services 300 West Plant Street Winter Garden, Florida 34787 Portion of Orange County Tax Id. 4 31- 21 -28- 0000 -00 -007 SPACE ABOVE THIS LINE FOR PROCESSING DATA NON - EXCLUSIVE REUSE WATER LINE EASEMENT AGREEMENT THIS NON - EXCLUSIVE REUSE WATER LINE EASEMENT AGREEMENT (this "Agreement ") is made this day of , 2013, by and between the CITY OF WINTER GARDEN, a Florida municipal corporation, with its permanent address at 300 West Plant Street, Winter Garden, Florida 34787, hereinafter called the "Grantor ", and the CITY OF OCOEE, a Florida municipal corporation, with its permanent address at 150 N. Lakeshore Drive, Ocoee, Florida 34761, hereinafter called the "Grantee ". WITNESSETH: WHEREAS, Grantor is the fee simple owner of that certain real property located in Orange County, Florida described in Attachment "A" attached hereto and incorporated herein by this reference (herein the "Reuse Easement Area "), which is a portion of a larger tract owned by the Grantor having Orange County Tax Identification Number 31- 21 -28- 0000 -00 -007; and WHEREAS, Grantee desires to obtain a non - exclusive easement over the Reuse Easement Area from Grantor in order to install, maintain and repair an underground reuse water main line within the Reuse Easement Area. NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and the mutual benefits, covenants and conditions herein contained, and certain other good and valuable considerations, the receipt and sufficiency all of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Non - Exclusive Reuse Easement Subject to the terms and conditions of this Agreement, the Grantor hereby grants unto the Grantee a non - exclusive perpetual easement for the construction, installation, repair, replacement, maintenance, and operation of an underground reuse water line (the "Easement ") over, under, through, and across the Reuse Easement Area described in Attachment "A ", a copy of which is attached hereto and incorporated herein by this reference. The size of the reuse water line shall not exceed sixteen inches in diameter. The Easement includes the Grantee's right of reasonable access to the Reuse Easement Area in order to carry out the purposes of the Easement subject to at least five (5) business days prior written notice and request by Grantee to Grantor for entry upon the Reuse Easement Area, except in an emergency situation, then in such case reasonable notice should be given to Grantor based on the circumstances involved. Grantee shall, at its expense, properly maintain its reuse water line installed within the Reuse Easement Area. 2. Conflicts /Plan Approval Grantee shall not interfere with and is prohibited from interfering with or creating a conflict with the Grantor's utilities, lines and other improvements with the Reuse Easement Area, or on any other portion of Grantor's property. "There currently are or may be in the future utilities, lines and other improvements of Grantor within the Reuse Easement Area, thus it is possible that Grantee's activities on the Reuse Easement Area and Grantee's reuse water line could create a conflict with or otherwise interfere with Grantor's improvements; in order to mitigate against such a possibility, Grantee shall submit for Grantor's review, comment and approval design plans and specifications for Grantee's proposed reuse water line prior to installing such line, and prior to any repair, replacement or relocation of such line within the Reuse Easement Area. Within thirty (30) days after installation of the reuse water line, Grantee shall obtain and deliver to Grantor a signed and sealed as -built survey by a licensed surveyor showing the as -built location and elevation of the reuse water line. 3. Correction of Damage Any fences, landscaping, ponds, berms, lines, utilities, pavement or other improvements or items damaged or displaced by Grantee's use of the Easement or exercise of its rights or obligations hereunder shall be promptly replaced or repaired by the Grantee, at Grantee's expense. Grantee agrees not to cause or allow any pollution or contamination of the Reuse Easement Area or surrounding property by exercising any of its rights or obligations under this Agreement. The Grantee shall be responsible for any liability imposed by law as the result of persons being injured on or by the improvements constructed by Grantee within the Reuse Easement Area. Grantee hereby indemnifies and holds harmless Grantor and Grantor's officials, officers, agents, and employees from and against any and all contamination, pollution, injuries, damages, interest, penalties, lawsuits, disputes, claims, attorneys' and paralegals' and experts' fees and costs (whether pre - litigation, during litigation, or on appeal), judgments, and any and all other adverse matters in any way relating to or arising out of Grantee's and its employees' or agents' use, operation, possession, installation, construction, replacement, design, and permitting, of any and all matters within or related to the Reuse Easement Area, the Easement and the reuse water line, except for matters caused by Grantor's sole negligence. However, nothing herein shall be deemed or constitute a waiver of either Grantor's or Grantee's sovereign immunity. This paragraph shall survive termination of the Easement and this Agreement. 4. Discontinued Use In the event Grantee discontinues use of the Reuse Easement Area, as defined in this paragraph, Grantee shall forfeit its Easement rights granted herein, this Agreement shall terminate, Grantee shall remove the reuse water line and Grantee shall promptly execute and record a termination of this Agreement in the public records of Orange County, Florida. Grantee shall be deemed to have discontinued use of the Reuse Easement Area if any one or more of the following occurs: (i) Grantee fails to install the reuse water line within 270 days from the Effective Date of this Agreement; (ii) Grantee removes the reuse water line and does not replace it within ninety (90) days of removal; (iii) the reuse water line is not operational with reuse water flowing through it for any period of time exceeding ninety (90) days; or (iv) Grantee abandons the reuse water line. 5. Running with the Land Grantor warrants that Grantor is the fee simple owner of the Reuse Easement Area. The Easement and the rights and obligations contained in this Agreement shall be deemed to run with the title to the land referred to herein hereby inuring to the benefit of and binding the parties hereto. Grantee shall not have the right or authority to assign its rights and obligations under this Agreement. Grantor expressly reserves all rights in 2 and to the Reuse Easement Area not expressly granted herein to Grantee. 6. Miscellaneous This Agreement shall be construed in accordance with the laws of the State of Florida, and exclusive venue for its enforcement and interpretation shall be in Orange County, Florida. The recitals are incorporated herein as material provisions of this Agreement. The Effective Date of this Agreement shall be the date when the last of the parties executes this Agreement. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the day and year first written above. Signed, sealed and delivered In the presence of these witnesses: (Signature) (Print Name) (Signature) (Print Name) STATE OF FLORIDA COUNTY OF ORANGE GRANTOR: City of Winter Garden, a Florida municipal corporation (Signature) By: (Print Name) Its: The foregoing instrument was acknowledged before me this day of 2013, by Michael Bollhoefer who is the City Manager of the City of Winter Garden who is personally known to me U or who has produced identification ( ) of the following type(s): NOTARY PUBLIC NOTARY STAMP (Signature) (Print Name) 3 Signed, sealed and delivered In the presence of these witnesses: Print Name: City Attorney S. Scott Vandergritt, Mayor Print Name: ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20 FOLEY & LARDNER LLP STATE OF FLORIDA COUNTY OF ORANGE GRANTEE: City of Ocoee, a Florida municipal corporation C APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 20_ UNDER AGENDA ITEM NO. The foregoing instrument was acknowledged before me this day of 2013, by who is the of the City of Ocoee who is personally known to me or who has produced identification ( _) of the following type(s): NOTARY PUBLIC NOTARY STAMP (Signature) (Print Name) S:AAKAT1.1ENI S \Winter Gardcn \General W500- 20501 \Ocoee RCUSC Water Line Easement \Ocoee Reuse Water Line Easement.doc 4 ATTACHMENT "A" - Sheet 1 See Sketch of Description Included as Attachment "A" NON - EXCLUSIVE REUSE WATER LINE EASEMENT AGREEMENT LEGAL DESCRIPTION A parcel of land lying in Section 06, Township 22 South, Range 28 East, and in Section 31, Township 21 South, Range 28 East being more particularly described as follows: COMMENCE at the Southeast corner of Eagles Landing Phase 3, as recorded in Plat Book 74, Page 126 of the Public Records of Orange County, Florida; thence South 61 ° 42'51" East a distance of 55.00 feet to a point on the Easterly Right -of -Way line of Ocoee Apopka Road; thence along said Easterly Right -of- Way line the following three courses; North 28'17'09" East a distance of 86.01 feet; North 31 ° 21'57" East a distance of 106.15 feet; North 27 18'08" East a distance of 86.57 feet to the POINT OF BEGINNING; thence departing said Easterly Right -of -Way line, run North 73 ° 17'09" East a distance of 34.76 feet; thence North 27 ° 18'08" East a distance of 540.94 feet; thence North 23 ° 12'42" East a distance of 18.47 feet; thence North 69'07'46" East a distance of 25.89 feet; thence North 23 ° 07'46" East a distance of 159.09 feet; thence North 21 ° 52'14" West a distance of 47.11 feet; thence North 23 ° 07'46" East a distance of 1090.86 feet; thence North 45 ° 37'46" East a distance of 39.20 feet; thence North 23 ° 07'46" East a distance of 18.54 feet; thence North 18 ° 54'39" East a distance of 32.96 feet; thence North 07 ° 04'13" East a distance of 48.45 feet to a point on a non tangent curve concave Northwesterly having a radius of 1929.86 feet, a chord bearing of North 17 ° 29'49" East, and a chord distance of 106.65 feet; thence Northerly along said arc through a central angle of 03 ° 10'01" for a distance of 106.67 feet; thence North 62 ° 36'36" East a distance of 26.17 feet; thence North 17 ° 36'36" East a distance of 6.46 feet to the Southerly Right -of -Way line of Cauley Road as described in Plat Book .53, Page 124, of the Public Records of Orange County, Florida; thence South 89 ° 51'31" West, along said Southerly Right -of -Way line of Cauley Road, a distance of 11.86 feet; thence departing said Southerly Right -of -Way line, run South 62 ° 36'36" West a distance of 24.51 feet to a point on a non tangent curve concave Northwesterly having a radius of 1919.86 feet, a chord bearing of South 17 ° 26'54" West and a chord distance of 111.46 feet; thence Southerly along said arc through a central angle of 03 ° 19'37" a distance of 111.48 feet; thence South 07 ° 04'13" West a distance of 48.46 feet; thence South 18 ° 54'39" West a distance of 31.56 feet; thence South 23 ° 07'46" West a distance of 16.19 feet; thence South 45 ° 37'46" West a distance of 39.20 feet to a point on the said Easterly Right -of -Way line of Ocoee Apopka Road; thence South 23 ° 07'46" West, along said Easterly Right -of -Way line a distance of 1096.99 feet; thence departing said Easterly Right -of -Way line, run South 21 ° 52'14" East a distance of 47.11 feet; thence South 23 ° 07'46" West a distance of 150.81 feet; thence South 68 ° 07'46" West a distance of 2.5.89 feet; thence South 23 ° 07'46" West a distance of 21.89 feet; thence South 27 ° 18'08" West a distance of 536.70 feet; thence South 73'19'48" West a distance of 20.87 feet to a point on the aforesaid Easterly Right -of -Way line of Ocoee Apopka Road; thence South 27 ° 12'23" West, along said Easterly Right -of -Way line a distance of 13.91 feet to the POINT OF BEGINNING. Containing 0.50 acres, or 21,840 square feet, more or less. Prepared by: Tinklepaugh Surveying Services, Inc. 850 Courtland Street Suite 2A Orlando, Florida 32804 (407) 262 -0957 TSS Order #T13 -A48 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 5J -17, F.A.C., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map is for informational purposes o and is not valid. ROBERT W. NACO, P.S.M. 5980 Date: ( 01 SKETCH OF DESCRIPTION ATTACHMENT " A " - NOT A SURVEY - ET 3 0 0 _I Li Q U N Lit LINE B L1 N; L2 N, L3 L26 S2 (27 S7 L28 I S2 EAGLES Lj PLAT BOO P.O.C. SOUTHEAST CO EAGLES LANDih P.B. 74, PG. 1: ABBREVIATION USi1NG P.O.0 = POINT OF COMMENCEMENT P.O.B = POINT OF BEGINNING PB /PG = PLAT BOOK /PAGE R/W = RIGHT OF WAY SURVEYOR'S NOTES 1) Bearings are based on the West Right —Of —Way line of Ocoee Apopka Road as being North 28'17'09" East per Stale of Florida Department of Transpartatian Right —of —Way Map Plat Book 1, Page 119. 2) See Sheet 1 for Legal Description. Tinklepaugh SURVEYING SERVICES, INC. 850 Courtland Street, Suite 2 —A o Orlando, Florida 32804 Tele. No. (407) 282 -0957 Fax No. (407) 679 -6915 LICENSED BUSINESS No. 3778 I T13A48 dw T13A48.dw SX -8125 SHEET 2 OF 4 SKETCH OF DESCRIPTION ATTACHMENT " A " - NOT A SURVEY - EET 4 0 0 it w a v LINE BEARING LENGTH L4 N23 "2'42 "E 18.47' LS N68'07'46 "E 25.89' L6 N23 "E 159.09' L7 N21'52'1 4"W 47.11' L8 N23'07'46 "E 1090.86' L21 S23'07'46 "W 1096.99' L22 S21'52'1 4"E 47.11' L23 S23'07'46 "W 150.81' L24 568'07'46 "W 25.89' L25 S23'07'46 "W 21.89' EAGLES LANDING PHASE PLAT BOOK 74, PAGE 126 MATCH LINE SHEET 2 Tinklepaugh SURVEYING SERIACES, INC. 850 Courtland Street, Suite 2 —A o Orlando, Florida 32804 Tele. No. (407) 262 -0957 Far No. (407) 679 -8915 LICENSED BUSINESS No. 3776 T13A48 /dwa / T1 3 A4 8.d wa SX -8125 SHEET 3 OF 4 SKETCH OF DESCRIPTION ATTACHMENT " A " - NOT A SURVEY - 0 Li 0 a U V) CURVE CURVE LENGTH RADIUS DE Cl 106.67' 1 1929.86' 3'11 C2 111.48' 1919.86' 3'1! lhlb, LINE BEARING LI L8 N23'07'46 "E i i L9 N45'37'46 "E L10 N23'07'46 "E L11 I N18'54'39 "E L12 N07'04'13 "E L13 N62'36'36 "E L14 N17'36'36 "E L15 SB9'51'31 "W L16 S62'36'36 "W L17 I S07'04'13 "W L18 S1 8'54'39 "W L19 S23 "07'46 "W L20 S45'37'46 "W L21 S23'07'46 "W 1i EAGLES LANDING PHASE PLAT BOOK 74, PAGE 126 MATCH LINE SHEET 3 Tinklepaugh SURVEYING SERVICES, INC. 850 Courtland Street, Suite 2 —A -Orlando, Florida 32804 Tele. No. (407) 262 -0957 Fax No. (407) 679 -6915 LICENSED BUSINESS No. 3778 I T13A48 dw T13A48.dw SX -8125 SHEET 4 OF 4