HomeMy WebLinkAboutItem #03 Approval of Utility Easement with SprintCom, Inc., for the Maintenance and Installation of Underground Facilities on a City Parcel located at 843 Marshall Farms Road ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 15, 2015
Item # 3
Reviewed By:
Contact Name: David A. Wheeler, P.E. Department Director:
Contact Number: 407-905-3100, ext. 1504 City Manager: Wirni�
Subject: Utility Easement with SprintCom, Inc. for the Maintenance and Installation of
Underground Facilities on a City Parcel located at 843 Marshall Farms Road (District 3 —
Commissioner Rusty Johnson)
Background Summary:
Back in December of 1993, the then property owners of the parcel of land located at 843 Marshall Farms Road
granted a Perpetual Easement for Egress and Ingress to then owners of the parcel located at 835 Marshall Farms
Road. The easement was a 12 foot wide easement located along the northern boundary of the parcel at 843
Marshall Farms Road. The parcel at 843 Marshall Farms Road is now owned by the City and is to be used for a
retention pond for the construction of the widening of Maguire Road from Mercantile Court to Geneva/Story
Road. The parcel at 835 Marshall Farms Road is owned by Dobson Holding LLC and the parcel has been
further subdivided to allow for a SprintCom cell tower. Both Dobson and SprintCom have been using the
easement to access their property.
Approximately three years ago, the City received a permit application to modify the cell tower and to replace
from underground facilities from the cell tower to Marshall Farms Road. Staff reviewed the permit application
and numerous other documents to determine that no utility easement existed over the parcel at 843 Marshall
Farms Road. SprintCom had assumed that the utility easement granted by the previous owners of the lot at 835
Marshall Farms Road also provided for a utility easement over the parcel now owned by the City. After a few
years of research and discussions by City staff and SprintCom, it was determined that a utility easement did not
exist. However, there are underground conduits already existing in the Perpetual Easement for Egress and
Ingress. The majority of the time delay has been on SprintCom's side of the issue in dealing with their design
team and multiple changes in their legal staff.
By providing a Utility Easement to SprintCom, Inc. this will cleanup an issue that has probably existed since
SprintCom first built the cell tower on the 835 Marshall Farms Road property in 2002. As part of the original
permit to construct the cell tower, City staff "signed off' the use of the Perpetual Easement for Egress and
Ingress as a place to install underground conduit and cable to the cell tower. The City's design for it retention
pond has taken into account the Perpetual Easement for Egress and Ingress and is proposed to still provide for
the easement. City legal counsel has reviewed the Utility Easement.
Issue:
Should the City of Ocoee grant a Utility Easement to SprintCom, Inc. over a portion the City property located at
843 Marshall Farms Road to that is already a Perpetual Easement for Egress and Ingress for the purposes of
maintain and install future underground facilities to a cell tower located on 835 Marshall Farms Road?
Recommendations
Staff recommends that the City Commission grant SprintCom, Inc. a Utility Easement over the same northern 12
feet of the City property located at 843 Marshall Farms Road where a Perpetual Easement already exists to allow
for the maintenance and future installation of underground facilities and authorize the Mayor and City Clerk to
execute the Utility Easement with SprintCom, Inc.
Attachments:
1) Utility Easement with SprintCom, Inc.
2) Aerial location map
Financial Impact:
There is no financial impact associated with the granting of the Utility Easement to SprintCom, Inc.
Type of Item: (please mark with an 'k')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X 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 () N/A
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RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
Sprint Property Services
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
[space above this line for Recorder's use]
UTILITY EASEMENT
As of this day of , 2015, for nominal
consideration,the receipt and sufficiency of which are acknowledged,The City of Ocoee,a Florida
municipal corporation ("Grantor"), hereby grants and conveys to SprintCom, Inc., a Kansas
corporation("Grantee"),and each of its affiliates,an appurtenant non-exclusive twelve-foot wide
utility easement (the "Easement") for underground utility conduits, cables and related facilities
under and across a portion of land belonging to Grantor and described in the attached Exhibit A
(the "Property"). The Easement is for the benefit of and appurtenant to a wireless
communications facility, as may be modified or extended from time to time, located on Property
described in the attached Exhibit B (the "Communications Site"). The Easement area will be
located as more particularly described in the attached Exhibit C ("Easement Tract"), and shall
be subject to the following terms:
1. "Access purposes"include,but are not limited to,pedestrian and vehicular ingress and
egress to and from the Easement Tract pursuant to a Grant of Perpetual Easement for
Egress and Ingress recorded February 7, 1994 in Orange County in Book 4695, Page
1085 and to maintain the underground cables, lines, conduit and related facilities as
granted by this Utility Easement in the Easement Tract 24 hours per day, 7 days per
week. Grantee shall only be permitted to park, load or unload vehicles within the
Easement Tract.
2. "Utility purposes" include, but are not limited to, the installation, repair, alteration,
maintenance, and removal of underground telephone, electrical and other utility lines,
equipment and appurtenances.
3. Grantor hereby warrants to Grantee that Grantor has fee title to the Easement Tract,
subject to easements, reservations, restrictions, and right of way of record, if any, and
that Grantor has full power and authority to grant this Easement to the Grantee as to
the Easement Tract. This Easement shall be deemed to run with the title to the land
referred to herein and shall inure to the benefits and burdens of the parties hereto and
to the successors and assigns of the parties hereto including their respective heirs,
tenants, subtenants, mortgagees and licensees. Grantee's rights hereunder shall not
Sprint Site Number: OR27XC013 1
lapse in the event Grantee does not use the Easement Tract or exercise its rights
hereunder.
4. This Easement is granted to the Grantee solely for the purposes described herein and
shall not be construed to grant the general public any rights or privileges with respect
to the use of the Easement Tract. In the event the Grantor requires the relocation of
Grantee's underground utility conduits, cables, and related facilities that are located
within the Easement Tract, the parties hereto agree that Grantee shall bear the cost of
relocating said underground utility conduits, cables and related facilities.
5. Except as expressly set forth herein, Grantor reserves the right to utilize the Easement
Tract for any purpose which does not interfere with the use of the Easement Tract by
Grantee and the purposes set forth herein.
6. Grantee agrees to indemnify and hold harmless Grantor from and against any and all
claims, actions, causes of action, loss, damage, injury, liability, cost or expense,
including without limitation, reasonable attorney's fees arising from Grantee's use of
the Easement Tract or from the exercise by Grantee of any rights under the terms of
this Easement, except for claims arising from the negligence or intentional
misconduct of Grantor. Nothing herein shall be deemed or constitute a waiver of
Grantor's sovereign immunity protections as provided in Section 768.28, Florida
Statutes, as may be amended from time to time, or as a waiver of any other defense or
immunities to lawsuits. This paragraph shall survive termination of the Easement.
7. This Easement will terminate sixty (60) days after Grantee and its affiliates (and each
of their respective heirs, successors, assigns, tenants, subtenants, mortgagees and
licensees) stop using the Communications Site for communications purposes because
of the expiration or termination of the lease or other agreement giving Grantee the
right to use the Communications Site (and any extension, renewal, modification or
replacement of that lease or other agreement).
8. All notices must be in writing and are effective only when deposited in the U.S. mail,
certified mail, return receipt requested and postage prepaid or when sent via overnight
delivery service. Notices to Grantee are to be sent to: Sprint Property Services,
Mailstop KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas
66251-2650, with a mandatory copy to: Sprint Law Department, Mailstop
KSOPHT0101-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020,
Attn.: Real Estate Attorney. Notices to Grantor must be sent to the address shown
underneath Grantor's signature.
Grantor and Grantee have caused this instrument to be executed this day of
, 20
Witnesses: GRANTEE:
SprintCom, Inc., a Kansas corporation
By 44 = By iv 2" f/
Print-• : �a�,r;�`;j Lz, �2N pem Name: 's it,'E H(f2 L t7
Address: Mailstop KSOPHTO101-Z2650
By: L, 1,6,,^ .,"^.,. 3/i'l...2/11,i/14- 6391 Sprint Parkway
Printed Name: A ti r ( &r r „r)C, Overland Park, KS 66251-2650
Attn: Sprint Property Tax Dept.
STATE OF Pori& _.. )
COUNTY OF D .& /oJ )
Pursuant to Uniform Acknowledgment Act
On this -I'i day of 1' /O VeJ�-d er , 20 /' ,before me, the
undersigned officer, personally appeared Er ux, X. I-icedvIe,y ,who acknowledged
herself/himself to be the fc9IonaI!rfeJ)evel pmCn]- 1 (Officer's Title) of
Sp r i n f, F ila rte— (Name of C/rporation), a corporation, and the
she/li►e, as such ' , ■ . cS -f- 1 ,�11.',i, dl Officer's Title), being authorized so to
do, executed the •regoing instrume t for the • •rposes therein contained, by si ing the
name of the corporation by herself/himself as I(Toned Siff Avdop/Y ftOfficer's
Title).
In witness whereof I hereunto set my hand and official seal.
Zor • .
Title of Offi er/Notary
,t;°.": . MARGUERITE ANN AUIIK
PTV:�4 Commission M FF 183300
E.
•-• ,a,, My Commission Expires
:ya..a December 15, 2011
Sprint Site Number: OR27XC013 3
GRANTOR:
City of Ocoee, a Florida Municipal Corporation
By:
Mayor
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
,2015
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
,20_.
SHUFFIELD, LOWMAN &WILSON,P.A.
By:
City Attorney
RETURN TAX STATEMENT TO:
GRANTOR
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
GRANTEE:
SprintCom, Inc.
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
Attn: Sprint Property Tax Department
Sprint Site Number: OR27XC013 4
EXHIBIT A
Legal Description of the Property
Begin at the Northeast corner of the Southwest quarter of the Southeast quarter of Section
19,Township 22 South,Range 28 East,run thence West along the North line of the Southwest
quarter of the Southeast quarter of said Section 19, for a distance of 372.35 feet more or less to
the Easterly Right-of-Way line of Marshall Farms Road(Ocoee Bulah Hard Road),then South
43°West along said Right-of-Way line 274 feet,thence East 559.14 feet more or less to the East
line of the Southwest quarter of the Southeast quarter of said Section 19,thence North 0°33'00"
East 200.47 feet to the Point of Beginning
Tax Parcel 19-22-28-0000-00-013
Grantor Initials:
Grantee Initials:
Jam`
Sprint Site Number: OR27XC013 5
EXHIBIT B
Legal Description of the Communications Site
A tract of land lying in and being part of the West Half(W/2) of the Northwest Quarter(NW/4),
of the Northeast Quarter(NE/4) of the Northeast Quarter(NE/4), Section(9),Township fourteen
(14)North, Range Eighteen(18) East of the Indian Meridian, Muskogee County, Oklahoma
being more particularly described by metes and bounds as follows:
Commencing at a Brass Cap found for the Northeast corner of said Northeast Quarter(NE/4);
Thence S 88°04'26" W along the North line of said NE/4, a distance of 944.55 feet to a point on
said North line; Thence S 01°35'46" E, a distance of 491.44 feet to a#3 iron rod w/cap set for
site corner, said point also being the Point of Beginning;
Thence continuing S 01°35'46" E, a distance of 50.00 feet to a#3 iron rod set for site corner;
Thence S 88°24'14" W, a distance of 50.00 feet to a#3 iron rod set for site corner;
Thence N 01°35'46" W, a distance of 50.00 feet to a#3 iron rod set for site corner;
Thence N 88°24'14" E, a distance of 50.00 feet to the point of Beginning, containing 2,500
square feet or 0.057 acres,more or less.
Grantor Initials:
Grantee Initials:
Sprint Site Number: OR27XC013 6
EXHIBIT C
Legal Description of Easement Tract
SEE ATTACHED SURVEY
Grantor Initials:
Grantee Initials: cr,i
Sprint Site Number: OR27XC013 7
SKETCH OF DESCRIPTION
(PAGE 1 OF 2)
LEGAL DESCRIPTION:
A Portion of the Southwest 1/4 of the Southeast 1/4 of Section 19, Township 22
South, Range 28 East, Orange County, Florida, being more particularly described as
follows:
Begin at the Northeast corner of said Southwest 1/4 of the Southeast 1/4 of Section
19, Township 22 South, Range 28 East, thence run South 00'33'00" West along the
East line of said SW 1/4 of the SE 1/4 of Section 19, a distance of 12.00 feet;
thence run North 90'00'00" West along a line parallel with and 12 feet South of the
North line of said Southwest 1/4 of the Southeast 1/4 of Section 19, a distance of
356.46 feet to the Easterly Right of Way line of Marshall Farms Road as described in
Official Record Book 5468, Page 2926, Public Records of Orange County, Florida; thence
run North 42'15'55" East along said Easterly Right of Way line of Marshall Farms Road,
a distance of 16.21 feet to a point on said North line of the Southwest 1/4 of the
Southeast 1/4 of Section 19; thence leaving said Easterly Right of Way line of Marshall
Farms Road, and run South 90'00'00" East along said North line of the Southwest 1/4
of the Southeast 1/4 of Section 19, a distance of 345.67 feet to the Point of
Beginning.
Contains 4,213 square feet or 0.0967 Acres, more or less.
'JOB #901147 PREPARED FOR: LEGEND
CF# OC19-22-28S0D
DATE: 10-07-2015 Tower Construction & Technical
SCALE' 1' = 100' Services i - CENTERLINE
CM — CONCRETE MONUMENT
DRAWN BY; PJT • CONC — CONCRETE
cow — COVERED
REVISIONS GENERAL NOTES: n - CONNENTRETE WAY
1. Bearing structure based on the North line,SW 1/4,SE 1/4,of Section
D&M - DRAINAGE EASEMENT EASEEM MURED
19,Township 22 South,Range 28 East,being:S90°00'00"E,per Official DESC - DESCRIPTION
Record Book 8709,Page 4515,Public Records of Orange County, DW - DRIVEWAY
Florida. E/P — EDGE OF PAVEMENT
. ♦ ESMT— EASEMENT
FH — FIRE HYDRANT
2. This surveyor has not made a search of the public records for any FND - FOUND
Alta m ax S u i'Veyi n g dedications,limitations,restrictions or easements other than shown IP - IRON PIPE
IR — IRON ROD
hereon. L — ARC LENGTH
910 Belle Avenue, MEAS — MEASURED
SUlte 1 140 MS — METAL SHED
FL 32708 3. This Sketch of Description has been made for the exclusive use of N&D - NAIL& DISK
Casselberry. the entities prepared for,hereon and does not extend to any unnamed OW - OVERHEAD WIRE
Phone: 407-227-7677 parties. ORB — OFFICIAL RECORDS BOOK
P&M — PLAT& MEASURED
Licensed Business Na'. 7833 PB — PLAT BOOK
www.altamaxsurve in 4. This Sketch of Description is not a Survey. PG - PAGE
Y. 9:com POB — POINT OF BEGINNING
POC — POINT OF COMMENCEMENT
5..This Survey is'Not.Valid"without the signature and the original R — RADIUS
- Digitally signed by Robert R/W - RIGHT OF WAY
/f C Johnson raised seal of this Florida licensed Surveyor and Mapper,unless _ TELEPHONE RISER
TR g
`•y CJohn015.10.09 07:23:25
provided with electronic signature with the ability to validate.(See: iv -TYPICAL
www.altamaxsurveying.com for instructions on signature validation).The UE - UTIIm EASEMENT
04'00' seal appearing on this document was authorized by Robert C Johnson UP - UI1LnY POLE
Robert C.Johnson PSM 5551
on the Date of the electronic signature. # - NUMBER
SKETCH OF DESCRIPTION 0 VD
D
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(PAGE 2 OF 2) .1 , j .
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TAX PARCEL 19-22-28-0000-00-036
NOT PLATTED
P.O.B.
�0�' / NE CORNER, SW 1/4, SE 1/4,
/ SECTION 19-22-28
0 / NORTH UNE, SW 1/4, SE 1/4,
4 / SECTION 19-22-28
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LINE BEARING DISTANCE
L1 S00'33'00"W 12.00'
L2 N90'00'00"W 356.46'
L3 N42'15'55"E 16.21'
L4 S90'00'00"E 345.67'
N
Altamax Surveying !S�,` GRAPHIC SCALE
910 Belle Avenue, Suite 1140 y 0 100 200
Casselberry, FL 32708 INS a 1� E
Phone: 407-677-0200
Licensed Business No. 7833 410 1 INCH = 100 FT.
www.altamaxsurveying.com S