HomeMy WebLinkAboutItem #03 Approval of Ocoee Crown Point Planned Unit Development (PUD) Use Agreement ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: March 6, 2018
Item # 3
Reviewed By:
Contact Name: Milen Womack titO Department Director: _�.
Contact Number: Ext. 1506 City Manager: Rob Fran
Subject: Ocoee Crown Point PUD, Use Agreement
Background Summary:
Mattamy Orlando, LLC, a Delaware limited liability company ("Mattamy"), is the owner and developer of Ocoee
Crown Point PUD (the Preserve at Crown Point Subdivision). Ocoee Crown Point PUD is located adjacent to
property owned by the School Board of Orange County ("OCSB").
Mattamy Orlando, LLC was required to extend a twelve (12) inch reclaimed water main on the west side of
Ocoee Crown Point Parkway to the future southern entrance of the Preserve at Crown Point subdivision. Due to
conflicts in the right-of-way, namely the large oak trees planted along Ocoee Crown Point Parkway, the
reclaimed water main was partially installed on the OCSB property.
On May 2, 2017, OCSB granted to Mattamy certain utility easements across the school property so that
Mattamy could develop the property (Recorded in document 20170242446). Mattamy is now in the process of
working with OCSB to amend the recorded easement so that the underlying easements will be conveyed
directly to the respective utility providers. As such, a 10-foot utility easement will be conveyed to the City for the
twelve (12) inch reclaimed water main and to Orange County for force main facilities.
Discussion:
In order to proceed with conveying the easements to the respective utility providers, Mattamy intends to enter
into an agreement with OCSB to allow for the conveyance. The attached utility easement, in which OCSB
grants to the City of Ocoee the utility easement, is a part of the Mattamy/OCSB agreement.
Mattamy and OCSB have requested the City first approve the easement. The City Utilities Director and City
Attorney have reviewed the utility easement and have no issues with the document.
Issue:
Should the Honorable Mayor and City Commission approve and authorize the Mayor to execute the Utility
Easement thus allowing OCSB to convey to the City a utility easement for reclaimed water across the OCSB
property?
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission approve and authorize the Mayor to execute
the Utility Easement thus allowing OCSB to convey to the City a utility easement for reclaimed water across the
OCSB property.
Attachments:
Utility Easement.
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Cleric'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 Dana Crosby-Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Scott A. Cookson,Esq.
SHUFFIELD,LOWMAN&WILSON,P.A.
1000 Legion Place, Suite 1700
Orlando,FL 32801
(407)581-9800
For Recording Purposes Only
UTILITY EASEMENT
THIS UTILITY EASEMENT ("Easement") made this day of
2018, between THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a public
corporate body organized and existing under the Constitution and laws of the State of Florida,with
is principal offices at 445 West Amelia Street,Orlando,Florida 32801 (the"GRANTOR"),and the
CITY OF OCOEE, a Florida municipal corporation, whose post office address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 (the "GRANTEE").
WITNESSETH, that the GRANTOR, in consideration of the sum of $10.00 and other
good and valuable consideration, paid to GRANTOR by the GRANTEE, the receipt whereof is
hereby acknowledged, does hereby give and grant to the GRANTEE and its successors, agents,
assigns, lessees, and tenants, an Easement in perpetuity for the purpose of providing, conveying,
distributing, or carrying reclaimed water services, together with the right, privilege, and authority
to construct, locate, lay, maintain, operate, inspect, alter, improve, augment, repair, remove,
replace, relocate, and rebuild pipes, mains, conduits, equipment, and all other improvements or
accessories necessary or desirable in connection therewith (all items hereafter being collectively
referred to as the "Facilities"), which Facilities will be located on, through, over, across, or under
the following specific non-exclusive "Easement Property," within GRANTOR'S premises,
situated in Orange County and the State of Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Property Appraiser's Identification Number:
A portion of: Parcel Id. No. 01-22-27-0000-00-014
TO HAVE AND TO HOLD said Easement unto said GRANTEE and its successors,
agents, assigns, lessees, and tenants forever.
GRANTEE 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 Easement.
GRANTOR, its heirs, successors, agents, assigns, lessees, and tenants, covenants that no
buildings, structures, or other obstructions or obstacles shall be located,constructed,excavated, or
created within the Easement Property that may interfere with the normal operation or maintenance
of the granted Easement.
GRANTEE may at any time increase the use of the Easement, change the location of
pipelines or other facilities within the Easement Property, or modify the size of existing pipelines
or other improvements as it may determine in its sole discretion from time to time without paying
any additional compensation to GRANTOR provided GRANTEE does not expand its use of the
Easement beyond the boundaries of the Easement Property. GRANTEE shall be responsible for
the proper construction, operation, maintenance and repair of the Facilities installed in the
Easement Property by GRANTEE, and GRANTOR shall assume no responsibility or liability for
the maintenance, repair or safe operation of such Facilities.
GRANTEE'S obligation to restore landscaping shall be limited to an obligation to restore
to GRANTEE'S landscaping standards for City right-of-way and shall not include an obligation to
restore exotic or enhanced landscaping standards.
To the extent permitted by law, GRANTEE agrees to indemnify and hold harmless
GRANTOR from and against any and all claims, actions, causes of action, loss, damage, injury,
liability, costs, or expenses (including attorney's fees) attributable to its negligent acts or
omissions or those of its officials and employees acting within the scope of their employment or
arising out of or resulting from the indemnifying party's negligent performance under this
Easement. Nothing contained herein shall constitute a waiver of sovereign immunity or the
provisions of Section 768.28, Florida Statutes. The foregoing shall not constitute an agreement by
either party to assume any liability for the acts, omissions, or negligence of the other party.
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.
This Easement shall be construed and enforced in accordance with the laws of the State of
Florida, without regard to principles or conflicts of laws thereof. The exclusive jurisdiction and
venue for any action or dispute arising hereunder shall lie in the appropriate court having
jurisdiction in Orange County,Florida. GRANTOR and GRANTEE hereby irrevocably consent to
such exclusive jurisdiction and venue.
If any term or provision of this Easement or the application thereof to any person or
circumstance shall, to any extent, be invalid and unenforceable, the remainder of the Easement or
the application of such term or provision to persons or circumstances other than those as to which
it is invalid or unenforceable shall not be affected thereby and each term or provision of this
Easement shall be enforced to the fullest extent permitted by law.
IN WITNESS WHEREOF,the said GRANTOR has caused these presents to be executed
on the day and year first above written.
GRANTOR: Grantor(s) mailing address:
THE SCHOOL BOARD OF 445 West Amelia Street
ORANGE COUNTY, FLORIDA Orlando, Florida 32801-1129
Witness
WILLIAM E. SUBLETTE, Print or Type Name of First Witness
as Chairman
Witness
Print or Type Name of Second Witness
STATE OF FLORIDA ) (Names must be typed on or printed under each
signature)
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this day of ,2018,by
William E. Sublette, Chairman of The School Board of Orange County, Florida, a public corporate
body and political subdivision of the State of Florida,on behalf of The School Board. He is personally
known to me or had produced (type of identification) as identification
and has acknowledged that he signed the instrument voluntarily for the purpose expressed in it.
Notary Public:
Name:
Commission No:
My Commission
Expires:
ATTEST:
Witness
BARBARA M. JENKINS, Ed.D. Print or Type Name of First Witness
as Superintendent
Witness
Print or Type Name of Second Witness
STATE OF FLORIDA ) (Names must be typed on or printed under each
signature)
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this day of ,2018,by
Barbara M.Jenkins,Ed.D.,as Superintendent of The School Board of Orange County,Florida,a public
corporate body and political subdivision of the State of Florida, on behalf of The School Board. She is
personally known to me or had produced (type of identification) as
identification and has acknowledged that she signed the instrument voluntarily for the purpose
expressed in it.
Notary Public
Name:
Serial Number:
Commission No.
My Commission Expires:
Approved as to form and legality by legal Reviewed and approved by Orange County Public
counsel to The School Board of Orange Schools Chief Facilities Officer
County, Florida, exclusively for its use
and reliance.
By Laura L. Kelly, Esquire By John T. Morris, Chief Facilities Officer
Date , 2018 Date , 2018
IN WITNESS WHEREOF, the Grantee has caused this instrument to be executed in its
name the day and year first above written.
GRANTEE:
CITY OF OCOEE,
a Florida municipal corporation
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON ,2018
LEGALITY this day of UNDER AGENDA ITEM NO.
, 2018.
SHUFFIELD LOWMAN & WILSON, P.A.
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 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. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2018.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
Exhbit A
LEGAL DESCRIPTION
Easement"A"
A portion of land located in the Southeast quarter of Section 1,Township 22 South,Range 27 East Orange County,Florida and
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,being a point on a curve concave easterly,having a radius of 500.00 feet,a central angle
of 012°00'52"and a chord distance of 104.65 feet that bears North 06.00'26"West;thence run along the westerly line of said
LOT 1 and the arc of said curve a distance of 104.85 feet to the point of tangency;thence continue along said westerly line,North
00°00'00"East 399.74 feet to the southeast corner of Right of Way for Ocoee Crown Point Parkway as shown on said plat thence
leaving said westerly line run along the South Right of Way line of said Ocoee Crown Point Parkway,North 90"00'00"West 80.00
feet to the POINT OF BEGINNING;thence leaving said Right of Way run,South 00°00'00"East 39.66 feet thence run,South 89"
45'07"West,10.00 feet thence run,North 00"00'00"East,74.86 feet thence run,South 40°51'19'East,15.29 feet to the westerly
Right of Way line of said Ocoee Crown Point Parkway;thence run along said westerly Right of Way line,South 00°00'00"East,
23.59 feet to the POINT OF BEGINNING.
Said portion of land contains 690 Square Feet,more or less.
Easement"B"
A portion of land located in the Southeast quarter of Section 1,Township 22 South,Range 27 East,Orange County,Florida and
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,being a point on a curve concave easterly,having a radius of 500.00 feet,a central angle
of 012°00'52"and a chord distance of 104.65 feet that bears North 06°00'26"West thence run along the westerly line of said
LOT 1 and the arc of said curve a distance of 104.85 feet to the point of tangency;thence continue along said westerly line,North
00"00'00"East 535.77 feet thence leaving said westerly line run,North 90°00'00"West,90.00 feet to the POINT OF BEGINNING;
thence run,North 00°00'00"East 268.83 feet to the point of curvature of a curve concave southeasterly having a radius of 743.73
feet a delta angle of 044°20'31",a chord bearing of North 22°10'16"East and a chord distance of 561.32 feet thence run
northerly along the arc of said curve 575.58 feet to a point of non-tangency;thence run,South 45"39'29"East 10.00 feet to a
point on the westerly Right of Way line of Ocoee Crown Point Parkway as shown on said plat said point being on a curve concave
southeasterly having a radius of 733.73 feet,a delta angle of 044"20'31',a chord bearing of South 22°10'16"West and a chord
distance of 553.78 feet thence run southerly along said Right of Way and arc of said curve 567.84 feet;thence continue along said
westerly Right of Way,South 00°00'00"East,257.27 feet;thence leaving said Right of Way line run,South 40"51'19"West,15.29
feet to the POINT OF BEGINNING.
Said portion of land contains 8,346 Square Feet,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 CLIENT.
4. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE WESTERLY LINE OF LOT 1 OF OCOEE CROWN POINT PUD PHASE 1,AS RECORDED IN
PLAT BOOK 63,PAGE 24 OF THE PUBUC 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 BELIEF;AND THAT THIS SKETCH AND DESCRIPTION MEETS THE
STANDARDS OF PRACTICE FOR FLORIDA SURVEYgRS AND MAPPERS,AS SET FORTH IN
CHAPTER 51-17.05 OF THE FLORIDA ADMINISTRATIVE CODE,PURSUANT TO CHAPTER 472.027,
FLORIDA STATUTES.
DONALEttsV� 1116 DATELO Ilb
ELI
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. 6984'
..-
SECTION 1,TOWNSHIP 22 SOUTH,RANGE 27 EAST-ORANGE COUNTY,FLORIDA
sa Landmark Center Two DRAWN BY: C.A.P. CHECKED:E.LD. SKETCH&DESCRIPTION
Ia Orlando225 E.Robinson St.,Suite 300 PROJECTDRAvWING:A 61975.00 UTILITY EASEMENT
tit
,FL 32801
407.839.4006/FAX 407.839.4008 61975.00-OCPs UTIL Esmt.DWG ISSUED FOR:
Licensed Business*7153 DRAWING DATE 01/18/2018
Vanasse Hangen Brustlin,Inc. 1 SHEET 1 OF 2 ORANGE COUNTY SCHOOL BOARD
PA
L7 �� M1
P.N.T. 4311
44•6.q
CQ04\d
P
10.00'UTIUTY EASEMENT cf.- 43'� 1�
SCALE: 1-.200 U.S.SURVEY FEET
V V CURVE TABLE
CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH
Cl 743.73' 044.2031" N 22°10'16'E 561.32' 575.58'
C2 733.73' 044'20'31- S 22°l0'I6"W 553.78 567.84'
LOT 1
PLAT BOOK 63,PAGE 24
P.C.
"°1c
UyISOUN.i/I 3NMO,n 1E L I/4
. ____ --
ORANGE COUNTY PUBLIC SCHOOLS SITE Lr
L8 RIGHT OF WAY LINE ko LINE TABLE
_I
LINE BEARING DISTANCE
LI 5 00.00'00'E 39.66'
-----------)
L9N 90'00'00'W 90.00'
L2 sa94sorw 10.00'L3 N 00°00'00'E 74.86'
P.O.B. .411111
L4
EASEMENT"B" L5 N 90'00'00'w ao.00' L4 S 4x•5179'E 1519'
INE
6+�I SOUTH RIGHT OF WAY LSOUTHEAST CORNER OF L5 S 00.00'00'E 23.59'
RICHT OF WAY L6 N 00.00'00'E 26883'
P.O.B. ,17 S 45'39'29'E 10.00'
LEGEND L2 Ll EASEMENT"A"
18 S 00'00'00'E 25127'
CHB CHORD SEARING
trio CHOBO DISTANCE - 4 L9 S 40'51'19'W 15.29'
L POINT
LOT I
•
P.0 PONT OF CURV TUR Ui ,r,2 PLAT 8006 63,PAGE 24
P.0 PONT OF CURVATURE
P.N.T. PONT OF N01-TANGENCY X W
P.T. PONT OF TANGENCY
R RADIUS , S
RNG. RANGE N s
TMP. TOWNSHIP •
O DELIA ANGLE 'l< T R=500.00'
G-0T2'00'52'
CHB=N 06'00'26"W
P.S. CHD=104.65'
POINT OF 1-104.85'
COMMENCEMENT
SOUTHWEST CORNER LOT I
OCOEE CROWN POINT PGD
PLAT 8006 61 PAGE 24
SEE SHEET 1 OF 2 FOR DESCRIPTION,CERTIFICATION AND NOTES
SECTION 1,TOWNSHIP 22 SOUTH,RANGE 27 EAST-ORANGE COUNTY,FLORIDA
e6 Landmark Center Two DRAWN BY: C.A.P. CHECKED:E.I.D. SKETCH&DESCRIPTION
4 I t 225 E.Robinson St,Suite 300 PROJECT 8 61975.00 UTILITY EASEMENT
Orlando,FL 32801 DRAWING:
���407139.4006/FAK 407.839.4008 61975.00-0CPS UTIL 18/201Esmt.DWG
Licensed Business r 7153 DRAWING DATE:01/18/2018 ISSUED FOR:
Vanasse Hangen Brustlin,Inc SCALE: 1' = 200 I SHEET 2 OF 2 ORANGE COUNTY PUBLIC SCHOOLS