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HomeMy WebLinkAboutItem #04 Approval of City of Ocoee Easement to Orange County for Preserve at Crown Point Phase 2A OCOe tior.cla AGENDA ITEM COVER SHEET Meeting Date: December 19, 2017 Item # q Reviewed By: Contact Name: Dana Crosby-Collier, Department Director: Asst. City Attorney Contact Number: 407-581-9800 City Manager: Rob Fra►, Subject: City of Ocoee Easement to Orange County for Preserve at Crown Point Phase 2A. (Crown Point, Mattamy) Background Summary: The City Commission previously selected Mattamy Homes as the preferred purchaser of the Ocoee Crown Point residential property owned by the City. On May 16, 2017, the City Commission approved the Plat for Phase 2A. In connection with its review of this project, Orange County Utilities has requested the City of Ocoee execute the attached Access and Utility Easement in favor of Orange County. The City's Development Engineer has reviewed the requested easement and has deemed it to be in compliance with the approved plans. Issue: Should the City Commission approve and authorize the Mayor to execute an Easement in favor of Orange County for access and utility purposes over property more specifically described in the easement document? Recommendations: City Staff recommends that the City Commission approve and that the Mayor execute an easement in favor of Orange County for access and utility purposes over property more specifically described in the easement document. Attachments: Access and Utility Easement Financial Impact: None. Type of Item: [] Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ® Consent Agenda ❑ Ordinance First Reading [ ] Public Hearing ❑ Resolution 0 Regular Agenda [x] Commission Approval ❑ Discussion&Direction [x] Original Document/Contract Attached for Execution by City Clerk Prepared by and when recorded return to: Dana Crosby-Collier,Esquire Shuffield,Lowman&Wilson,P.A. 1000 Legion Place,Suite 1700 Orlando,Florida 32801 Project: Preserve at Crown Point Phase 2A Permit 16-U-007 OCU#:84066 THIS IS A DONATION ACCESS AND UTILITY EASEMENT THIS INDENTURE, Made this day of December, 2017, between City of Ocoee, a municipal corporation duly created and existing under and by virtue of the laws of the state of Florida, having its principal place of business at 150 N. Lakeshore Drive, Ocoee, Orange County, Florida 34761, GRANTOR, and Orange County, a charter county and political subdivision of the state of Florida, whose mailing address is PO Box 1393, Orlando, Florida 32802-1393, GRANTEE. WITNESSETH, That the GRANTOR, in consideration of the sum of $1.00 and other valuable considerations, paid by Grantee, the receipt whereof is hereby acknowledged, does hereby give and grant to the GRANTEE and its assigns, a right-of-way and easement for access and utility purposes,with full authority to enter upon, excavate, construct,and maintain, as the GRANTEE and its assigns may deem necessary, water lines, wastewater lines, reclaimed water lines, and any other facilities over, under, and upon the following described lands situate in Orange County aforesaid, to wit: SEE ATTACHED EXHIBIT "A" Property Appraiser's Parcel Identification Number: A portion of 01-22-27-0000-00-012 TO HAVE AND TO HOLD said right-of-way and easement unto said GRANTEE and its assigns forever. THE GRANTEE herein and its 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 utilities and any facilities placed thereon by the GRANTEE and its assigns, out of and away from the herein granted right-of-way, and the GRANTOR, its successors and assigns, agree not to build, construct, or create, nor permit others to build, construct, or create any buildings or other structures on the herein granted right-of-way that may interfere with the normal operation or maintenance of the utility facilities installed thereon. Project: Preserve at Crown Point Phase 2A Permit: 16-U-007 OCU#84066 GRANTEE may at any time increase its use of the easement, change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying additional compensation to GRANTOR or GRANTOR'S heirs, successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the boundaries described above. GRANTEE'S obligation to restore landscaping shall be limited to an obligation to restore to Orange County landscaping standards for Orange County right-of-way and shall not include an obligation to restore to exotic or enhanced landscaping standards. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name. Signed, Sealed and Delivered in our Presence: CITY OF OCOEE, a Florida municipal corporation By: Print Name: RUSTY JOHNSON Witness Mayor Attest: Print Name: MELANIE SIBBITT Witness City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA;APPROVED AS TO FORM AND LEGALITY this_day of ,2017. SHUFFIELD LOWMAN&WILSON,P.A. By: APPROVED BY THE CITY City Attorney COMMISSION AT A MEETING HELD ON ,2017 UNDER AGENDA ITEM NO. 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 acknowledgements, personally appeared RUSTY JOHNSON and MELANIE SIBBITT 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. Signature of Notary Public (Seal) Type, Print or Stamp Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: Exhibit"A" LEGAL DESCRIPTION PROJECT NAME:OCOEE CROWN POINT PHASE 2A BUILDING DEPARTMENT PERMIT NUMBER:16-U-007 A parcel of land located in the Southeast quarter of Section 1,Township 22 South,Range 27 East,Orange County,Florida.Said parcel being more particularly described as follows: Commence at the Southwest corner of Lot 1,Ocoee Crown Point PUD Phase 1,as recorded in Plat Book 63,Page 24,of the Public Records of Orange County,Florida;thence run the following two courses and distances along the westerly boundary line of said Lot 1,being a point on a non-tangent curve concave easterly,having a radius of 500.00 feet,a central angle of 12'00'52"and a chord of 104.65 feet that bears North 06°00'26"West;thence along said westerly boundary line and the arc of said curve a distance of 104.85 feet to the point of tangency;thence North 00°00'00"East,74.76 feet;thence leaving said westerly boundary line,run South 89'44'27"West,1026.39 feet to the POINT OF BEGINNING;thence continue South 89°44'27"West,62.00 feet;thence North 00'15'33"West,6.00 feet;thence North 89°44'27"East,47.00 feet;thence North 00°15'33"West,54.00 feet;thence North 89°44'27"East,15.00 feet;thdnce South 00°15'33"East,60.00 feet to the POINT OF BEGINNING. Said parcel contains 1,182 Square Feet,more or less. • NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT A SURVEY. 2. THIS SKETCH AND DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER LISTED BELOW. 3. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CUENT. 4. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE WESTERLY BOUNDARY LINE OF LOT 1 OF OCOEE CROWN POINT PUD PHASE 1,PLAT BOOK 63, PAGE 24 OF THE OFFICIAL RECORDS OF ORANGE COUNTY,FLORIDA.BEING NORTH 00"00'00'EAST. CERTIFICATION I HEREBY STATE THAT THIS SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST Of MY KNOWLEDGE AND REUEF;AND THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR FLORIDA SURVEYORS AND MAPPERS,AS SET FORTH IN CHAPTER SJ-17.05 OF THE'FLORIDA ADMINISTRATIVE CODE,PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. (0 1 EU DONALDSON DATE PROFESSIONAL SURVEYOR AND NAPPER FLORIDA LICENSE.NO,'6984. • �`� SECTION 1,TOWNSHIP 22 SOUTH,RANGE 27 EAST-ORAN(E COY I�1'OHR)AUNT S�s 229ETwo R binsooCenter Suite 300 DROWN B#:6 975.00 I CHECKED:E J D SKETCH &DESCRIPTION LIFT STATION EASEMENT Odendo,FL 32801 DRAWING: 407.839.4006/FAX 407.839.4008 61975.00-OCU LS Esmt.DWG Licensed Business s 7153 DRAWING DATE:06/16/2017 ISSUED FOR: Vanasse Hangen Brustlin,Inc. I SHEET 1 OF 2 ORANGE COUNTY UTILITIES . Exhibit"A" LEGEND CITY OF OCOEE CHB -CHORD BEARING CHO =CHORD DISTANCE PARCEL D 01-22-27-0000-00-012 L =LENGTH P.B. =PLAT BOOK PG. =PACE R =RADIUS A =CENTRAL ANGLE ....) . N s MATTAMY ORLANDO LLC • L.,., PARCEL ID 01-22-27-0000-00-013 81 0 4 L5 L J I o� I� F.'g ////// Lo CITY OF OCOEE . J -J PARCEL 0 01-22-27-0000-00-012 25 o 30 a A LIFT STATION TRACT L3 SCALE:r-50 U.S.SI1AVEY FEET TO BE OWNED BY ___ ORANGE COUNTYunurEs 12i L1 S 89°4427'W 1026.39' POINT OF BEGINNING "' >L o,� woo UNE TABLE 8^ m Z LINE BEARING DISTANCE LI S 89°44'27'W 62.00' L2 N 00'15'33"W 6.00 • L3 N89"44'27'E 47.00' 1.4 N 00'15'33"W 54.00' LOT 1 1.5 N 89'44'27'E 15.00 P.8.67,PG.24 L6 S 00'15'33'E 60.00 R=500.00' A=12'00'52' CHD=104.65' CHB=N 06°00'26'W 1=104.85' • POINT OF COMMENCEMENT/' 90UTHIEST COWER LOT 1 (...>" P.B.63,PG.24 I--a. Qm Oe . r-m a SEE SHEET 1 OF 2 FOR DESCRIPTION,CERTIFICATION AND NOTES SECTION 1,TOWNSHIP 22 SOUTH,RANGE 27 EAST-ORANGE COUNTY,FLORIDA Landmark Center Two DRAWN BY: CAP. I CHECKED:EJ.D. SKETCH&DESCRIPTION % 225 E.Robinson St,Suite 300 PROJECT s 61975.00 LIFT STATION EASEMENT 407.83.006fh Orlando,FL /F 1 61975.DRAWG: 407.839.4006/FAX 407.839.4008 61975.00-OCU LS Esmt.DWG ISSUED FOR: Licensed Business*7153 DRAWING DATE:06/16/2017 Vanasse Hangen Brustlin,Inc SCALE: 1' = 200' I SHEET 2 OF 2 ORANGE COUNTY UTILITIES t-- Exhibit"A" LEGAL DESCRIPTION PROJECT NAME:OCOEE CROWN POINT PHASE 2A BUILDING DEPARTMENT PERMIT NUMBER:16-U-007 A parcel of land being in the southeast quarter of Section 1,Township 22 South,Range 27 East,Orange County,Florida,being more particularly described as follows: BEGIN at the southeast corner of Right of Way for Ocoee Crown Point Parkway as shown on the plat Ocoee Crown Point PUD Phase 1,Plat Book 63,Page 24 of the official records of Orange County,Florida,said point also being on the westerly boundary line for LOT 1 of said plat;thence run along said westerly boundary line South 00°00'00"East a distance of 399.74 feet to the point of curvature of a curve concave easterly,having a radius of 500.00 feet,a central angle of 012°00'52",a chord bearing of South 06° 00'26"East and a chord distance of 104.65 feet,thence run southerly along the arc of said curve a distance of 104.85 feet to the northwest corner of Tract"C"as shown on said plat thence leaving said westerly boundary line of LOT 1 run along the westerly boundary line of said Tract'C"through a continuation of the curve having a radius of 500.00 feet,a central angle of 005°00'37",a chord bearing of South 14°31'11'East and a chord distance of 43.71 feet,thence run along said westerly boundary line of said Tract'C'and along the arc of said curve a distance of 43.72 feet;thence leaving said westerly boundary line of Tract"C run South 72°58'31"West,a distance of 80.00 feet;thence North 15.59'54"West,a distance of 20.78 feet;thence South 89'45'07"West,a distance of 235.69 feet;thence North 00°00'00"East a distance of 8.94 feet to the point of curvature of a curve concave southwesterly,having a radius of 15.00 feet,a central angle of 090'14'51",a chord bearing of North 45'07'26"West and a chord distance of 21.26 feet,thence run northwesterly along the arc of said curve a distance of 23.63 feet;thence South 89°45'07"West a distance of 547.12 feet to the point of curvature of a curve concave northeasterly,having a radius of 87.00 feet,a central angle of 090°14'53",a chord bearing of North 45°07'27"West and a chord distance of 123.30 feet,thence run northwesterly along the arc of said curve a distance of 137.04 feet;thence North 00°00'00"East a distance of 147.71 feet to the point of curvature of a curve • concave southwesterly,having a radius of 15.00 feet,a central angle of 090°15'33',a chord bearing of North 45'07'47"West and a chord distance of 21.26 feet,thence run northwesterly along the arc of said curve a distance of 23.63 feet;thence South 89°44' 27"West,a distance of 70.99 feet thence North 00°15'33"West,a distance of 10.00 feet;thence North 89°44'27"East,a distance of 163.10 feet;thence South 00°00'00"East a distance of 172.12 feet to the point of curvature of a curve concave northwesterly, having a radius of 11.00 feet,a central angle of 090°14'53",a chord bearing of South 45'07'27'East and a chord distance of 15.59 feet,thence run easterly along the arc of said curve a distance of 17.33 feet;thence North 89°45'07"East,a distance of 228.55 feet thence South 00'14'53'East,a distance of 5.00 feet;thence North 89°45'07'East a distance of 318.00 feet to the point of curvature of a curve concave northwesterly,having a radius of 15.00 feet,a central angle of 089°45'07",a chord bearing of North 44°52'33"East and a chord distance of 21.17 feet,thence run northerly along the arc of said curve a distance of 23.50 feet;thence North 00°00'00"East,a distance of 9.07 feet;thence North 89°45'07"East,a distance of 216.77 feet;thence North 00'06'11"West,a distance of 429.67 feet;thence North 90°00'00"East,a distance of 80.00 feet to the POINT OF BEGINNING. Said portion of land contains 3.062 Acres.more or less. NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT A SURVEY. 2. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER LISTED BELOW. 3. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CUENT. 4. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE WESTERLY BOUNDARY UNE OF LOT 1 OF OCOEE CROWN POINT PUD PHASE 1,PLAT BOOK 63, PAGE 24 OF THE OFFICIAL RECORDS OF ORANGE COUNTY,FLORIDA BEING NORTH 00°00'00"EAST. CERTIFICATION I HEREBY STATE THAT THIS SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF;AND THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR FLORIDASIIRVEYORS AND MAPPERS,AS SET FORTH IN CHAPTER SI-17.05'0F THE,FLORIDAADMINESDIATIVE CODE PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. SI►5I201I • EU DONALDSON • DATE PROFESSIONAL SURVEYOR'AND 1AAPPER FLORIDA uceNSE-NO:'6984 - SECTION 1,TOWNSHIP 22 SOUTH,RANGE 27 EAST-.dRASNGEQQUNTYtFLORIDALandmark enter Two . 225 Robinson St.,Suite 300 PROJECT BY: I CHECKED: � 6 975.00 f 7.Q.; KETCH&DESCRIPTION Orlando,FL 32801DRAWING: ACCESS&UTILITY EASEMENT 407.839.4006 FAX 407.839.4008 61975.00-OCU A&U Esmt.DWG Licensed Business•7153 DRAWING DATE:04/04/2017 ISSUED FOR: Vanasse Hangen Brustlin,Inc. f SHEET 1 OF 2 ORANGE COUNTY UTILITIES Exhibit"A" LINE TABLE LINE BEARING DISTANCE Ll S00'00'00'E 399.74' L2 S 72'58'31'W 80.00' CURVE TABLE 13 N 15'59'54'W 20.78' NUMBER RADIUS DELTA CHORD BEARING CHORD LENGTH L4 5 89'45'07'W 235.69 Cl 500.00 012'00'57 5 06'00'26'E 104.65' 104.85' L5 NCO'00'00'E 8.94' — — --- C2 500.00 005.00'37' 5 14°31'11'E 43.71' 43.72' L6 S 89'45 07'W 547.12' C3 15.00 090'14'Si' N 45'07'26'W 2126' 23.63' 17 N 00'00 00-1 147.71' IUD 0 200 ---- L8 589'44'27'W 70.99' .11111111111111 I C4 87.00 090'14'53' N 45'07'27'W 123.30' 137.04' -- -- SCALE:I'a 200 U.S SURVEY rat C5 15.00 090'15'33' N 45°07'47'W 2126' 23.63' L9 N00'15'33'W 10.00' C6 11.00 090'14'53' 5 45'07'27'E 15.59' 17.33' L10 N 89'44'27'E 163.10' C7 15.00 089'45 07' N 44.52'33'E 21.17' 23.50' Ill 5 00'00'00'E 172.12' L12 N 89'45'07'E 228.55' L13 S00'14'53'E 5.00' L14 N89'4507'E 318.00' >. L15 N00'00'00'E 9.07' L16 N 89'45'07'E 216.77' as=n s L17 N 00'06'11'W 429.67' Ora L18 N90.00'00'E 80.00 � Z3m 0E5 zN SCHOOL BOARD OF ORANGE ti c4 h 4g2g. COUNTY FLORIDA W i� 4E6 m PARCEL D 01-22-27-0000-00-014 W�a 4E 6g: 0 Wh �+u /(j 0.Oq�m s 0 uJ $ T ') W U - O I _,g O ,L _, 01 Z — 7- o J n 6 e o LEGEND a LOT 1 N 1'3 • >- s CHB =CHORD BEARING r•-•I P.B.63,PC.24 P. mQ CHD =CHORD DISTANCE m I =LENGTH P.B. =PAGE , a PG. =PAGE '.i.-- L10 R =RADIUS . )'' r . A =CENTRAL ANGLE - ES L9 18 C5 ,-1 gg J .-4 � L15--\f„.. L16 _t% §a L12 X113 L14I" CsS ACCESS&UTILITY EASEMENT b Cl ry L6 rsi C2 TRACT C 1.5 14 P.B.63,PG.24 L3 L2 SEE SHEET 1 OF 2 FOR DESCRIPTION,CERTIFICATION AND NOTES SECTION 1,TOWNSHIP 22 SOUTH,RANGE 27 EAST-ORANGE COUNTY,FLORIDA ' �s Landmark Center Two DRAWN BY: C.A.P. I CHECKED:E.J.D. SKETCH&DESCRIPTION 1 225 E.Robinson St.,Suite 300 PROJECT/ 61975.00 hbOrlando,FL 32801 DRAWING: ACCESS&UTILITY EASEMENT 407.839.4006/FAX 407.839.4008 61975.00-OCU A&U ESmt.DWG Licensed Business a 7153 DRAWING DATE:04/04/2017 ISSUED FOR: Vanasse Hangen Brustlin,Inc SCALE: 1' = 200' I SHEET 2 OF 2 ORANGE COUNTY UTILITIES