HomeMy WebLinkAboutEmergency Item - Utility Easement Agreement West Orange InvestmentsE
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AGENDA ITEM COVER SHEET
Meeting Date: July 7, 2015
Item #
Reviewed cBy.
Contact Name: David A. Wheeler, P.E. Department Director:
Contact Number: 407 - 905 -3100, ext. 1504 City Manager:
Subject: Utility Easement Agreement with West Orange Investments, Ltd, Inc. for a Water
Utility Relocation Associated with the SR 50 Project (District 3 — Commissioner Johnson)
Background Summary:
The widening of SR 50 involves a number of locations where the City's utility pipelines need to be relocated to
avoid conflicts with the new drainage pipelines, retaining walls, curb inlets throughout the project. One of those
locations is on the north side of the intersection of Marshall Farms Road and SR 50.
As part of the development on the northeast corner of the that intersection, the owner is to dedicate 25 feet of
land along the western property boundary to the City for a possible future widening of Marshall Farms Road
north of SR 50. That dedication of land is to occur at the time West Orange Investments, Ltd., Inc. pulls the
permit to construct their building. The time frame is based upon a development Condition of Approval that was
included in the plans when approved by the City Commission on November 7, 2006. The owner does not
anticipate moving towards construction in the near future.
However, the owner /developer has agreed to give the City a 10 foot wide utility easement inside the western
property line for the purposes of relocating a 12 inch water main as part of the SR 50 Project. The attached
easement document was prepared by City Legal Council and the exhibit was provided by one of the contract
City Surveyors.
Issue:
Acceptance of Utility Easement Agreement with West Orange investments, Ltd, Inc.
Recommendations
The Engineering and Utilities Departments recommend that the City Commission accept the Utility Easement
Agreement with West Orange Investments, Ltd. Inc. for a water utility relocation associated with the SR 50
Project.
Attachments:
Utility Easement Agreement
Financial Impact:
There is no financial impact to the City with the acceptance of this Utility Easement Agreement.
Type of Item: (please marls with an Y)
Public Hearing
For Clerk's DeDt 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 Q
N/A
2
THIS INSTRUMENT PREPARED BY AND AFTER
RECORDING SHOULD BE RETURNED TO:
SCOTT A. COOKSON, ESQ.
SHUFFIELD, LOWMAN & WILSON, P.A.
1000 LEGION PLACE, SUITE 1700
ORLANDO, FL 32801
407 -581 -9800
UTILITY EASEMENT
THIS UTILITY EASEMENT is made this _ day of July, 2015 by and between
whose address is
( "Grantor ") and 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
( "Grantee "), hereinafter referred to as Grantee:
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable
considerations in hand paid to Grantor by Grantee, the receipt and sufficiency of which is hereby
acknowledged, Grantor does hereby grant, bargain, sell, convey and warrant to Grantee, its
successors and assigns forever, an 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
as:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE (the "Easement
Area ")
The Grantor hereby covenants with the Grantee that Grantor is lawfully seized of the
Easement Area in fee simple; has good right and lawful authority to sell and convey the
easement, and that the Easement Area is free of all liens, mortgages and encumbrances of every
kind except for real property taxes not delinquent.
The easement granted is more particularly described as the right and privilege of the
Grantee its employees, agents, contractors, consultants and assigns to enter over, on, through or
under the above Easement Area, for the purpose of excavating, installing, maintaining, operating
and repairing, as the Grantee deems necessary, a potable water line and other utility
improvements (collectively, the "Water Line "), together with the rights, easements, privileges
and appurtenances in or to said land which may be required for the full enjoyment of the rights
herein granted. The easement, rights and privileges granted herein shall be perpetual.
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 Water Line, out of and away from the Easement Area,
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 Area that may interfere with the use of
the Easement Area for the purposes set forth herein or with the normal operation or maintenance
of the Sidewalk.
Except as expressly set forth herein, Grantor reserves the right to utilize the Easement
Area for any purpose which does not interfere with the use of the Easement Area by Grantee and
its assigns.
This Utility 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.
This Utility Easement may be modified or amended only upon the mutual written consent
of Grantee and Grantor, or their respective legal representatives, successors and assigns.
[Signature Page to Follow]
-2-
IN WITNESS WHEREOF the Grantor has hereunto set its hand and seal the day and
year above written.
GRANTOR:
Attest:
Title:
Signature:
Print Name:
Title:
WITNESSES:
Print/Type Name:
Print/Type Name:
STATE OF
COUNTY OF
I HEREBY certify that on this day, before me, an officer duly authorized to take
acknowledgements, personally appeared and that they
severally acknowledge executing the same, freely and voluntarily, under authority duly vested in
them and who are personally known to me, or [] produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this day
of ,
NOTARY PUBLIC
(NOTARIAL SEAL) Print/Type Name:
Commission Number (if not on seal):
My commission expires:
-3-
Exhibit "A"
Utility Area
0
DESCRIPTION:
A portion of lands described in Official Records Book 6157, Pages 2062 and 2063, as recorded in the Public Records of
Orange County, Florida, being more particularly described as follows:
Begin at the intersection of the East right of way line of Marshall Farms Road and the North right of way line of West
Colonial Drive (also known as State Road 50); thence North 00'04'42" West, a distance of 169.88 feet along said East right
of way line; thence departing said East right of way line North 89'55'18" East, a distance of 10.00 feet to a line parallel
with and 10.00 feet East of said East right of way line; thence South 00'04'42" East, a distance of 183.17 feet along said
parallel line to a point on the aforesaid North right of way line of West Colonial Drive as described in Florida Department of
Transportation Map, Section Number 75050, dated 06/08/09; thence North 37'01'50" West, a distance of 16.63 feet along
said North line to the POINT OF BEGINNING.
Containing 1765 square feet, more or less.
SURVEYOR'S REPORT:
1. Bearings shown hereon are based on the North right of way line of State Road 50 being North 90'00'00" East.
2. 1 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 Standards of Practice
for Land Surveying Chapter 5J- 17.050 —.052 requirements.
DESCRIPTION
FOR
City of Ocoee
Date:
July 6, 2015 DH
Job Number: Scale:
59583 1 1" = 80'
(hoppt�r 6J- 17.060 —.052. Florida
AdminliabWw Code requVw that
a legloll boar
On notation Owt
THIS IS NOT A SURVEY.
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
Certification Number LB2108 59583001
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SOUTHEASTERN SURVEYING
AND YAPPING CORPORATION
6500 All American Boulevard
Orlando Florida 32810 -4350
(407) 29 ' ication Number LB2108
e— infoia enaternaurve m
J ES I� ET SEN
R IS D LAND SURVEYOR Number 4791
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SKETCH OF DESCRIPTION
ABBREVUTIONS
R/W = RIGHT OF WAY
AKA = ALSO KNOWN AS
R = RADIUS
L = ARC LENGTH
A = CENTRAL ANGLE
CH = CHORD LENGTH
CB = CHORD BEARING
NO. = NUMBER
FOOT = FLORIDA DEPARTMENT OF TRANSPORTATION
R= 210.49'
L= 155.45' -1b
A =42' 18'47" .
CH= 151.94'
CB= S21'04'52 "W
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BEARING
�.L
L1
Q
169.88'
J
L2
JZ
L3
2
183.17'
L4
S37'01'50 "E
16.63'
L5
N37'01'50 "W
33.78'
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--- — 10.00'
POINT OF BEGINNING
L41 �s
RIGHT OF WAY TAKE L 6
PER FOOT MAP
SECTION NO. 75050
1" = s0'
GRAPHIC SCALE
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o LINE TABLE
1z
LINE #
BEARING
LENGTH
L1
S00'04'42 "E
169.88'
L2
S89'55'1 8 "W
10.00'
L3
N00'04'42 "W
183.17'
L4
S37'01'50 "E
16.63'
L5
N37'01'50 "W
33.78'
L6
N90'00'00 "E
30.31'
L7
S00'04'42 "E
40.25'
N9 0'00'00 "E 203.89 4NORTH R/W LINE
DATED 06/08/09 WEST COLONIAL DRIVE
AKA STATE ROAD 50
DRAWING NUMBER: 59583001
JOB NO. 59583
DATE: 07/06/2015 THIS IS NOT A SURVEY.
SHEET 2 OF 2 NOT VALID WITHOUT SHEET 1 OF 2
See Sheet 1 for Description
SOUTHEASTERN SURVEYING
AND MAPPING CORPORATION
6500 All American Boulevard
Orlando. Florida 32810 -4350
(407) 292 -8580 Certification Number LB2108
e —mail info®southeasternsurveying.com
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