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Home My WebLink AboutItem #06 Approval of Access and Drainage Easement Agreement AGENDA ITEM COVER SHEET Meeting Date: March 7, 2006 Item # &> ~4 :QI;V , --- sive Temporary Contact Name: Contact Number: David A, Wheeler, P.E. 407 -905-3100, ext. 1504 Reviewed By: Department Director: City Manager: Subj Cons . age Easement Agreement and Non-E Background Summary: The south Lakeshore Drive area has been experiencing drainage problems for a number of years. These drainage problems have been associated with the overflow of the pond located on the Ocoee Middle School property. The pond overflows into a swale on south Lakeshore Drive and if the overflow is excessive in runs down Lakeshore Drive to the nearest access point to Starke Lake. The project is to collect the overflow drainage from the OCPS pond and other drainage from the City right-of-way and direct it to Starke Lake without it running down Lakeshore Drive for approximately one hundred yards as surface drainage. The City negotiated this easement and the temporary construction easement in the amount of $1,000. Actual construction of the drainage improvements is scheduled for later this year at an anticipated cost of less than $60,000 and OCPS will contribute one-half of the project cost. Issue: The approval and execution of the Access and Drainage Easement Agreement and Non-Exclusive Temporary Construction Easement Agreement for 300 south Lakeshore Drive. Recommendations Staff recommends that the City Commission approve the Approval of Access and Drainage Easement Agreement and Non-Exclusive Temporary Construction Easement Agreement in the amount of $1,000 and authorize the Mayor and City Clerk to execute the easement documents. Attachments: 1) Assess and Drainage Easement Agreement 2) Non-Exclusive Temporary Construction Easement Agreement Financial Impact: The purchase of the easement will come from the Stormwater Project Funds (312). The construction of this project has been carried in the Stormwater Capital projects for past few years in anticipation of obtaining this easement. Type of Item: (please mark with an 'x'j Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Deat Use: _ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution {Lf~ jd-- 3/l/6(O N/A N/A N/A Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by (Public Works) 2 Citv Manager Robert Frank Commissioners Gary Hood, District 1 Scott Anderson. District 2 Rustv Johnson, District 3 Nancy J. Parker, District 4 Mavor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler, P.E., City Engineer DATE: February 28, 2006 RE: Approval of Access and Drainage Easement Agreement and Non-Exclusive Temporary Construction Easement Agreement ISSUE The approval and execution of the Access and Drainage Easement Agreement and Non-Exclusive Temporary Construction Easement Agreement for 300 south Lakeshore Drive. BACKGROUNDIDISCUSSION The south Lakeshore Drive area has been experiencing drainage problems for a number of years. These drainage problems have been associated with the overflow of the pond located on the Ocoee Middle School property. The pond overflows into a swale on south Lakeshore Drive and if the overflow is excessive in runs down Lakeshore Drive to the nearest access point to Starke Lake. Staff has worked with the Orange County Public Schools to share in the survey, design, permitting, and construction of the project to alleviate this drainage issue. The City's share was to survey, obtain the drainage easement, and contribute one-half of the construction monies. The OCPS share is to have project designed and permitted and contribute one-half of the construction monies. Obtaining the drainage easement is the last item needed prior to going to construction. The project is to collect the overflow drainage from the OCPS pond and other drainage from the City right-of- way and direct it to Starke Lake without it running down Lakeshore Drive for approximately one hundred yards as surface drainage. The City needed to obtain a Access and Drainage Easement from a property owner located at 300 south Lakeshore Drive. The City negotiated this easement and the temporary construction easement in the amount of $1,000. Upon approval of the easement and payment and execution of the documents, staff will proceed with the assistance ofOCPS in obtaining bids for the project and having the work completed. Because of the small nature and low cost of the project, staff will obtain quotes from the three contractors working on City projects for possible change orders into their projects. The south Lakeshore project is estimated to cost less than $60,000 for construction. The project plan was to prepare design plans for permitting and constructability and change order into an existing contract to keep costs down. 1 : FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FL 32801-2386 P. O. BOX 2193 ORLANDO, FL 32802-2193 407.423.7656 TEL 407.648.1743 FAX www.foley.com November 11, 2005 WRITER'S DIRECT LINE 407.244.3254 estorey@foley.com EMAIL Marvin H. '~ells 300 S. Lakeshore Drive Ocoee, FL 34761 NOV VIA FEDEX Re: Drainage Easement Dear Mr. \\lells: Endosed herewith please find the following documents: 1. Revised Access and Drainage Easement Agreement; and 2. Temporary Construction Easement. Please execute, witness and notarize these documents where indicated and return to my attention at the office address listed above. These Easements will be placed on the City Commission Agenda upon receipt of the executed originals. We will hold these Easements in escrow until they are approved by the City Commission of the City of Ocoee. Upon approval, the Easements will be delivered to the City Commission for execution and a check in the amount of $1,000.00 will be mailed to you as payment. The Easements will not be recorded until payment has been sent. If necessary, please fell free to come by City Hall to have the Easements witnessed and notarized. Please contact me at (407) 244-3254 if you have any questions related to this matter. Respectfully, Enclosures cc: David Wheeler, City Engineer (w/encIosures) (t~ 006.345278.1 BRUSSELS CHICAGO DETROIT JACKSONVI LLE LOS ANGELES MADISON MILWAUKEE ORLANDO SACRAMENTO SAN DIEGO SAN DIEGO/DEL MAR SAN FRANCISCO SILICON VALLEY TALLAHASSEE TAMPA TOKYO WASHINGTON, D.C. WEST PALM BEACH SKETCH AND DESCRIPTION ~ N I SCALE: 1" = 50' ~ P.B. - PLAT BOOK POB = POINT OF BEGINNING pac = POINT OF COMMENCEMENT IRC - IRON ROO ANO CAP ORB = OFFICIAL RECOROS BOOK PG = PAGE 10 10ENTIFICA TION OHP = OVERHEAO POWER VIRGINIA BUSH \SI~ "?~ 1-~ a~ \" ...'<-~ ~Il .. ~"IlSr:,'<-\'O :\...:\\0 ~ '0 1l\:..'O~"" :\"",<-~..."Il~" ~a"" S~aS\.'O~~\"" a'<-'O "i-\ ~",<- ,-,,:\ S"~ , ,,'" \a as,,1l ~,<-a~ 1000' :\:\"Il ~ ~,-'" ~"a:\ ~ ~ t "?~ ~ '" ~ '0'" :S~~ -a. Olilui' o ~~ "'~.. .....:;..:.&: ~J:g ~ Q)CD . ~ . .-'" 3:.....0 . 0 , ~... ~:::-a. -~- . . ~ .S ~ c - ~ 0 v; :;~ o 0 . W<Il<ll MARVIN H. WELLS REVOCABLE TRUST MARVIN H. WELLS, TRUSTEE 300 S. LAKE SHORE DRIVE PARCEL 10 # 17-22-28-0000-00-010 N89':'6'OO.w 40.00' POC So..oI"u.,."rSecU....17 10'" ",,,,,,,,.....,1011,,,, f_dl/2"I'llI'Ipipe,noid, Soull'<>"sl C,lt"... "I \"eSou\h...1 1/4 of tll. S"ulh...l 1/4 of SscU.... 17, TO_IIl;p22 South,R""qs211(,,el FOR INFORMATIONAL PURPOSES ONLY THIS IS NOT A SURVEY PREPAREO FOR, CITV OF OCOEE FLORIDA REV DATE DB/I 2/2004 changed name of Gran tor to M. WELLS fI ,..4il~ H":lI-rdl"ng ESE 6"0 ALL AMERICAN BLVD, t!!:!!IJ ~ I ORlANDO, FL 3281D-435o PHONE: (407) 522-7570 A MACTEC COMPANY FAX: (407) 522-7576 JOB NO. 55591Q DRAWN BY: PE W. CHECKED BY: R.M.J. DATE: 7/15/02 SCALE: I" - 50' SHEET -LOF -2- a.' ~~t~~~.1=1~1':'1~~t. !"~e"':~II::~r.":; :~;;:'.1.~::::'::.:t:=U:r.""" PI......... .......ygn lllU~1 ~ N I SCALE: 1" 50' LEGEND: P.B. = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT IRC = IRON ROD AND CAP ORB = OFFICIAL RECORDS BOOK PG = PAGE 10 IDENTIFICA TION OHP = OVERHEAD POWER VIRGINIA BUSH 240 S. LAKESHORE DRIVE PARCEL 10 # 17-22-28-0000-00 05 ORB 3483, PG 2448 Found ~/8" iron rod '" cop, LB 8S6 N34'48'32"W 10.02'(C) N690S6'OO.W 040.00' Soulh line of See lion 17 per monumenlolion SKETCH AND DESCRIPTION II \$I" "V~ 1--~ -\ 0' \~ ~'<- ~O 1i' ~\) '?-{O ,\\0 ~00 ~c:,G ~ ~'\~ -\ 0 ~~ ~<,; ~,<-" ~Oc:, Co 'l- 1i'0 ,\'0 ,,'I' '? ~O c:,O~Oc:,\~~;~\~Co <.: r<-'O ,,is ( O,?,,'<- '\ ~,,~ , ,,~c:,<'; ...0 Oc:,,,\) ,?,<-O'? 10.00' ,\,,0 ~'\ ~ ~O'\ ,?" ~ S::-- ( "V~ ~ MARVIN H_ WELLS REVOCABLE TRUST MARVIN H. WELLS, TRUSTEE 300 S. LAKESHORE DRIVE PARCEL 10 # 17-22-28-0000-00-010 poe fOl.md 1/2" iron pipe, no id., Southeast corner 01 the Southwest 1/4 0' the Southwest 1/4 of Secti"n 17, Town!lhip 22 South, Range 28 Eost FOR INFORMATIONAL PURPOSES ONLY THIS IS NOT A SURVEY PREPARED FOR: CITV OF OCOEE FLORIDA REV DATE 08/12/2004 changed nome of Grontor to M. WELLS Harding ESE A MACTEC COMPANY JOB NO. DRAWN BY: CHECKED BY: DATE: SCALE: SHEET 2 OF 6500 ALL AMERICAN BLVD, ORLANDO, FL 32B10-4350 PHONE: (407) 522-7570 FAX: (407) 522.7576 and ~..~r,.~~;X:;"I~~~c~t~~1~t~t.lnC~!:iJ~~~ren:; 1:ll:'o~~~~::~':::re=~:&a~n"rs, Plannen & SUrYl!yon (REPSj ~ Cou O[)~ loin 0[)C(l b....: a~ '" '\ 01 0[) 01 On v v ~ L"-O ~~(L '0 00 li1~ _ OJ 01 a ~_ 0[) LV .- --:; ~ >,00 -;:(.f}o 2 <l.l OJ '" L . OJ~'" ~-ci OJ 0 ~ :5Z~ '0 == ,,~ OJ "'- ~ 1.2 ~ ~~ o 0 OJ w"'''' 555910 PEW. R. M. J. 7/15/02 1" = 50' 2 SKETCH AND DESCRIPTION LEGAL DESCRIPTION: A strip of lond lying in the SW 1/4 of Section 17, Township 22 South, Ronge 28 Eost, Oronge County, Florida being more particularly described os follows: Commence at the Southeast corner of the Southwest 1/4 of the Southwest 1/4 of said Section 17; thence run North 89"56'OO"West, along the South line of said Section, 40,00 feet; thence run North 34'48'32" West, 115.71 feet to the Point of Beginning; Thence continue North 34'48'32" West, 10.02 feet to the monumented Southerly boundary of those lands described in Official Records Book 3483 at Page 2448 of the Public Records of Orange County, Florida; thence run North 58'30'58" East, along said Southerly boundary, 311.97 feet to the East line of the Westerly 150' of the Southeast 1/4 of the Southwest 1/4 of said Section 17; thence run South 00'56'58" West, along said East line, 11.85 feet; thence run South 58'30'58" West, 305_03 feet to the Point of Beginning. The above described parcel of land lies in Orange County, Florida and contains 3085 Square Feet, more or less. SURVEYOR'S NOTES: 1) This Sketch and Description is not valid without the signoture and the original raised seal of 0 Florida Licensed Surveyor and Mapper. 2) This Sketch and Description has been prepared without the benefit of 0 Title Report or Abstract and may not depict 011 ownership, easements, encumbrances, and other instruments of record. 3) Bearings shown hereon ore relative to an assumed datum based on the South line of the SW 1/4 of Section 17, Township 22 South, Range 28 East os being N 89'56'00" W. 4) The Sketch and Description depicted hereon was prepared by the Surveyor ond Mapper, os per the Client's instruction. 5) This Sketch and Description does not constitute 0 Boundary Survey, os such. SKETCH AND DESCRIPTION LEGAL DESCRIPTION: A strip of land lying in the SW 1/4 of Section 17, Township 22 South, Range 28 East, Orange County, Florida being more porticularly described as follows: Commence ot the Southeost corner of the Southwest 1/4 of the Southwest 1/4 of said Section 17; thence run North 89'56'00"West, along the South line of said Section, 40.00 feet; thence run North 34'48'32" West, 115.71 feet to the Point of Beginning; Thence continue North 34'48'32" West, 10.02 feet to the monumented Southerly boundory of those londs described in Officiol Records Book 3483 ot Poge 2448 of the Public Records of Orange County, Florida; thence run North 58'30'58" Eost, along said Southerly boundary, 311.97 feet to the East line of the Westerly 150' of the Southeost 1/4 of the Southwest 1/4 of said Section 17; thence run South DO'56'5B" West, along said Eost line, 11.85 feet; thence run South 58'30'58" West, 305.03 feet to the Point of Beginning. The above described parcel of land lies in Orange County, Florida and contains 3085 Square Feet, more or less. SURVEYOR'S NOTES: 1) This Sketch and Descrip tion is not valid without the signature and the original raised seal of 0 Florida Licensed Surveyor and Mopper_ 2) This Sketch and Description has been prepared without the benefit of 0 Title Report or Abstract and may not depict 011 ownership, easements, encumbrances, and other instrumen ts of record. 3) Bearings shown hereon are relative to on assumed datum based on the South line of the SW 1/4 of Section 17, Township 22 South, Range 28 East os being N 89'56'00" W. 4) The Sketch and Description depicted hereon was prepared by the Surveyor and Mapper, os per the Client's instruction. 5) This Sketch and Description does not constitute 0 Boundary Survey, os such. THIS INSTRUMENT PREPARED BY: Edward A. Storey III, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Orlando, FL 32801-2386 (407) 423-7656 THIS INSTRUMENT SHOULD BE RETURNED TO: Beth Eikenberry, City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 For Recording Purposes Only ACCESS AND DRAINAGE EASEMENT AGREEMENT THIS ACCESS AND DRAINAGE EASEMENT AGREEMENT (this "Easement Agreement') is made and entered into this _ day of , 2005 by and between MARVIN H. WELLS, as Trustee for the Marvin H. Wells Revocable Trust Dated August 24, 2003, whose address is 300 South Lakeshore 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") : WIT N E SSE T H: ---------- 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 access and drainage easement over, 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. Recitals. The above recitals are true and correct, form a material part of this Agreement, and are incorporated herein by reference. Section 2. Grant of Easement. Grantor hereby gives, grants, bargains, sells and conveys to Grantee an easement for access and drainage purposes over, under, and upon the ORLA_263193.1 Easement Property for the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions and limitations set forth herein. The Grantee shall have full authority to enter upon, construct, operate, repair, and maintain, as the Grantee may deem necessary a drainage pipe over, under, and upon the Easement Property. Section 3. Authority to Grant. Grantor hereby warrants to Grantee that Grantor has fee title to the Easement Property subject to easements, reservations, restrictions 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 4. Maintenance of Easement Property. Subject to the terms, conditions and limitations hereinafter set forth, the Grantee, its employees, agents, contractors and consultants, shall have the right of ingress and egress over, upon, and across the Easement Property at all times for the purpose of constructing, operating, repairing, and maintaining a drainage pipe. The Grantee, its employees, agents, contractors and consultants, shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with normal operation or maintenance of a drainage pipe and facilities and other related appurtenances, 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 drainage pipe. Section 5. Restoration of Easement Property. Following the initial construction of the drainage pipe and following any subsequent maintenance or repair of the drainage pipe done by the Grantee within the Easement Property, Grantee shall restore the Easement Property, including replacing of the sod and other landscaping, to substantially the same condition as existed prior to such work. Grantee shall solely be responsible for all costs and expenses relating to the relocation of the existing clothes line and the small tree located within the Easement Property. Section 6. Limitation on Access Ri2hts. The access easement granted herein is solely for the purpose of ingress and egress to the drainage pipe located on the Easement Property and for no other purpose. This Easement shall not be construed to grant the general public any rights or privileges with respect to the use of the Easement Property. Section 7. Reservation of Ri2hts. 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 for the purposes set forth herein. Section 8. Indemnification. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights by this Easement Agreement. ORLA_263193.1 -2- Section 9. Bindine Effect. The Easement 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 10. Amendments. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties 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 in the presence: GRANTOR: _.~ ~~OftheMarvin H. Wells Revocable Trust Dated August 24, 2003 Print Name: ~ON-\) \'v\.. \A-: \i)C!. \~ '-'l{Y"~~A.:~ \." 1 '- t > Print Name:~"- "",,\.-1-, We. lit, STATE OF r1tfY;'cI~ COUNTY OF tJn.l'Y 'e. The foregoing instrument was acknowledged before me this Ill,t/v day of li.6ua~ ' 200llby MARVIN H. WELLS, as Trustee of the Marvin H. Wells Revoca e Trust Dated August 24, 2003. He is D personally known to me or [fI-1Ias produced FL /)L v.,1t/2tJ -G:fcf -PI as identification. - GJ/a -l) WITNESS my h~nd and official seal in the County and State aforesaid this /~day of ~jyA.t.l7 ' 20ot~ , (g) " #Y/>U.t. J>~~ . . '" ~ ~o')o o~ OFf" Notary Public State of Florida Jonghoon Jwa My Commission DD380352 Expires 1211912008 ~~ ~ublic Print Name ~1Il9P"J .pit My Commission Expires: J2.II~/ tff ORLA_263193.1 -3- GRANTEE: Signed, sealed and delivered in the presence: CITY OF OCOEE, a Florida municipal corporation Print Name: By: S. Scott Vandergrift, Mayor Attest: Print Name: Beth Eikenberry,___ City Clerk [Affix Seal] FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2005 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2005 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY well 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. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2005. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on sea!): My Commission Expires (if not legible on seal): ORLA_263193.1 -4- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Edward A. Storey III, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, Florida 32802-2193 (407) 423-7656 THIS INSTRUMENT SHOULD BE RETURNED TO: Beth Eikenberry, City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 For Recording Purposes Only NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS NON-EXCLUSIVE CONSTRUCTION TEMPORARY EASEMENT AGREEMENT (this "Easement Agreement") is made and entered into this _ day of , 2005, by and between MARVIN H. WELLS, as Trustee for the Marvin H. Wells Revocable Trust Dated August 24, 2003, whose address is 300 S. Lakeshore 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"). WIT N E SSE T H: 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 non-exclusive temporary easement over, 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 Agreement and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a non-exclusive temporary easement over, upon and across the Easement Property for the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions and limitations set forth herein. ORLA_351976.1 Section 3, Grantor hereby warrants and guarantees to Grantee that Grantor has fee title to the Easement Property, subject to easements, reservations, restrictions 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 4. Grantee's use of the Easement Property shall be for the purpose of Grantee, through itself, its agents, contractors, consultants and employees: performing such activities on the Easement Property as Grantee may deem reasonably necessary in connection with the design, engineering and construction of certain drainage improvements (the "Improvements") which are to be located adjacent to and in the vicinity of the Easement Property. Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its successors and assigns, the non-exclusive right to use, pass and repass over and upon the Easement Property. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement Property. Section 6. This Easement shall terminate upon completion of the construction of the Improvements as certified by the City. Upon termination of this Easement, Grantee shall record a Notice of Termination in the Public Records of Orange County, Florida. Section 7. Grantee shall, at its sole cost and expense, restore any improvements on the Easement Property that are damaged by Grantee incident to its construction of the Improvements to a condition which approximates as closely as is reasonably practicable the condition of said improvements prior to being damaged by Grantee. Section 8. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees and paralegal fees (whether incurred before, during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. Section 10. This Easement Agreement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the benefits and burdens hereof shall run with the Easement Property. Section 11. 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. ORLA_351976.1 -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 in the presence of: GRANTOR: ~"'(YbJ~ ~~ Marvin H. Wells, as Trustee of the Marvin H. Wells Revocable Trust Dated August 24, 2003 Print Name: t"V\o..v\Ji..... b\.-, W c:.l U;' ~ Print Name: ~ \) ~ \A--\.,..)(,,\.\S GRANTEE: CITY OF OCOEE, a Florida municipal corporation Print Name: By: S. Scott Vandergrift, 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 ,2005. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2005 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_351976,1 -3- STATE OF FLORIDA ) COUNTY OF tJf/'i11Q e ) J I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared before me MARVIN H. WELLS, as Trustee for the Marvin H. Wells Revocable Trust Dated August 24, 2003, and who D is personally known to me, or who c1r'Produced A/}/li/}-I/;'IlI 11!e11c; as identification, and who acknowledged that he/she executed the foregoing instrument freely and voluntarily for the uses and purposes expressed therein. WITNESS my hand and official seal in the County and State last aforesaid this It?t~ay of ~6t{a7 ' 200~ L,"/ ~ Z Si~e of Notary -- ~'/ "/J,g Notary Public State 01 Florida R~ ~. Jonghoon ,Jwa . .; My Commission 003B0352 ~~ OF f\.O"c Expires 12/19/200B VllN611/Hl/V' .:Jl;V 19 Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): J>J)'3J203~';" My Commission Expires (if not legible on seal): /2-/,q / cJ,f / 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 well 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. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2005. 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_351976.1 -4- ORLA_351976.1 EXHIBIT A A lO foot strip of land lying adjacent to and running parallel with the southern boundary line of that certain Access and Drainage Easement recorded in Official Records Book _, Page , Public Records of Orange County, Florida. -5-