HomeMy WebLinkAboutItem #04 Approval of a Termination of Temporary Access Easement Agreement for Ocoee Business Park, LLC t
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: May 1, 2018
Item #
Reviewed By:
Contact Name: Milen Womack, E.I h DW Department Director: /
Contact Number: 407-905-3100 Ext. 1018 City Manager:
Subject: Termination of Temporary Access Easement
District 3 (Commissioner Firstner)
BACKGROUND SUMMARY:
The Ocoee Business Park, LLC granted a Temporary Access Easement to the City for a stabilized cul-de-sac at
the western end of Ocoee Business Parkway to facilitate turnarounds of emergency vehicles. The Temporary
Access Easement was set to automatically terminate at such time as the recording of a Plat for the Ocoee
Business Park property located at 165 Maguire Road. This property is currently being developed by the
McCraney Property Company and will consist of three buildings of Light Industrial/Flex Office. Together the
buildings will consist of over 655,000 sq. ft. of Light Industrial/Flex Office space. This development will not
require replatting as the buildings will be leased rather than the entire property being subdivided; therefore, the
developer has requested that the existing temporary access easement be terminated. McCraney Property
Company has furnished the City with a Termination of Temporary Access Easement agreement.
ISSUE:
Should the Honorable Mayor and City Commissioners accept and sign the proposed Termination of Temporary
Access Easement agreement with Ocoee Business Park, LLC?
RECOMMENDATIONS:
Staff recommends the Honorable Mayor and City Commissioners to accept and sign the proposed Termination
of Temporary Access Easement agreement with Ocoee Business Park, LLC.
ATTACHMENTS:
Termination of Temporary Access Easement Agreement;
Temporary Access Easement(Original).
FINANCIAL IMPACT:
None
TYPE OF ITEM: (please mark with an x')
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 0 N/A
2
THIS INSTRUMENT PREPARED BY:
Dana Crosby-Collier, Esq.
SHUFFIELD, LOWMAN&WILSON, P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
(407)581-9800
TERMINATION OF TEMPORARY ACCESS EASEMENT
(OCOEE BUSINESS PARK)
THIS TERMINATION OF TEMPORARY ACCESS EASEMENT (hereinafter
referred to as "Termination"), is made this day of , 2018, by and between
OCOEE BUSINESS PARK, LLC, a Florida limited liability company, whose address is 749
North Garland Avenue, Suite 101, Orlando, Florida 32801 (hereinafter referred to as
"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 (hereinafter referred to as the "Grantee")
(together "the Parties").
WITNESSETH:
WHEREAS, Grantor is the owner in fee of that certain real property located in Orange
County, Florida, more particularly described in Exhibit "A," which is attached hereto and by
this reference incorporated herein (the "Easement Property"); and
WHEREAS, Grantee currently has a Temporary Access Easement over the Easement
Property, as described in that certain Temporary Access Easement recorded in Official
Records Book 7931, Page 2735, of the Public Records of Orange County, Florida (the
"Access Easement"); and
WHEREAS, the Parties desire to terminate the existing Access Easement, which shall
be evidenced by the recording of this Termination in the Official Records of Orange County,
Florida.
NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the adequacy and sufficiency of which are hereby
expressly acknowledged by the Parties, the Parties do hereby agree as follows:
Section 1. Recitals. The above recitals are true and correct and expressly incorporated
herein by this reference.
Section 2. Termination of the Access Easement. Grantee, as the owner of the
benefitted property, hereby remises, releases, and quitclaims unto Grantor, as owner of the
Easement Property, all right, title, and interest, which Grantee has in and to the Easement
Property pursuant to the Access Easement. The Access Easement is hereby discharged,
terminated, and released and is of no further force or effect.
Section 3. Counterpart Execution. This Termination may be executed in counterparts,
each of which shall constitute an original, but all taken together shall constitute one and the
same instrument.
Section 4. Section Heading. The section headings as used herein are for convenience
only and shall not be deemed to vary the content of this Termination.
Section 5. Governing Law. This Termination shall be governed by and construed
under the Laws of the State of Florida.
Section 6. Binding Effect. This Termination shall be binding upon the respective
successors, assigns, and legal representatives of the parties hereto and shall be enforceable by
the parties hereto and their respective successor, assigns, and legal representatives.
(Signature pages follow.)
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this Termination to be executed as of the day and year first above written.
"Grantor"
Witnesses:
Ocoee Business Park, LLC,
Signed, sealed and delivered a Florida limited liability company
In the presence of:
By: /l/,
Print Name: ,./M1,..11,7_,
Title:
Print Nam-:/, -- , , 4 , G
Date: 0///j)
Print Name: Amy Windmiller
STATE OF 5LOR ICA
COUNTY OF cw NC,F
The foregoing instrument was acknowledged before me this j'day of
Aid , 2018, by C. 5ruco , as mRi�'� of
Ocoee Business Park, LLC. He is personally own to me or as produced
as identification.
•
ei NotaryPubiie State of FloridalThrtq
Amy Windmifler (�
My Commission GG 153068
Expires 12/2512021 Print Name:
(NOT 4,1 `r a Notary Public, State of Florida
Commission No.:
My Commission Expires:
"City"
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):
EXHIBIT "A"
Easement Property (from 2005 Access Easement)
I SKETCH OF DESCRIPTION
P.R.C.
L-17.70' P.T.
R=20.00' '
CA=50'42'13' 7.52'
CB—S62'50'11`E S8811'17'a
L=198.48' C=17.13'
R-40.00'
CA=28124'25'
CB=N01'48'43'E g g w
L=17.70'
C=50.67 R-20.00' `� ciil
CA=50.42'13" N
C8—S6627'37'W
C-17.13' N88'111.7
52' P.O.B.
P.C.WO
P.R.C. `J
0
z
$: M 3
Un c-
900 9r 770.22'
SWC
SEG 1$22.26 MIDI Ulf SW 1/4 SEG 16.22-28
selroelo'11 S89.08'to'w
GRAPHIC SCALE
o 1020 40 P.O.C.
SE.COINER.SIE l/4
SEC.111-22-28
1IfPUT I
1Inch■ 20ft.
PREPARED FOR: ►ROCTi 461001
CPS FAMILY /ATE I c*f
PARTNERSHIP, LTD. OIR a\DATA 461001\9JMEINCu0E5A0 LEnK.+n
MET OF
HOL/JS EN(iEER 4O, INC. Revisions
I.�I CMI Engineering D+ + BEF
81.:\ Land Surveying 06/19/04 "or oN
° �
\ E- 1.u IWW X•X OM)60-619
SKETCH OF DESCRIPTION
LAND DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST ORANGE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE S89'08'117W ALONG THE SOUTH UNE OF
THE SOUTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 770.22 FEET; THENCE
NO0'51'49•W. A DISTANCE OF 417.46 FEET; THENCE N01'48'43"E,A DISTANCE OF 12.00
FEET TO THE POINT OF BEGINNING;THENCE N88711.17W, A DISTANCE OF 7.52 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
20.00 FEET AND A CHORD BEARING OF S66'27'37W;THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50'42'13", A DISTANCE OF 17.70
FEET TO A POINT OF REVERSE CURVATURE ON A CURVE CONCAVE TO THE EAST HAVING
A RADIUS OF 40.00 FEET AND A CHORD BEARING OF N01'48'43"E; THENCE ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 281'24'25, A DISTANCE OF 196.46
FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST
HAVING A RADIUS OF 20.00 FEET AND A CHORD BEARING OF S82'50'1I THENCE ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50'42'13", A DISTANCE OF
17.70 FEET; THENCE 588'11'17E, A DISTANCE OF 7.52 FEET; THENCE S01'46'43"E, A
DISTANCE OF 36.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF OCOEE, ORANGE COUNTY. FLORIDA AND CONTAINING
0.13 ACRES MORE OR LESS.
Not.si
1. 'NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEA.OF
A FLORIDA UCENSED SURVEYOR AND MAPPER'.
2. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATA BEING
1489'08'10'E, ALONG THE SOUTH UNE OF THE SW 1/4 OF SECTION
T8-T22S-R28E
3. LEGAL DESCRIPRON SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
4. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY AS SUCH.
5. THIS IS NOT A BOUNDARY SURVEY.
Legend and Abbreviations'
ME •D •De.1�oq.Eawiwn .ed �� 01 - 4 q
P.O.C. •Pohl N Commencement MR Nel Rodd
P.0& -Pehl.1 S.kq • Pa'w P.monmt Contra Pant
A c•Peel.1 hlorerlln TRY P.mw.nl Reference Manam.nt
RP •Rain Paint ttf5 WIT N W y
IC •ll..Nd Op.Sill P7 Liam.l. diem to twm►er (5..un. Da4" 4'lam ollersho Hem C•1 Cony Nonfoor(Soo Caw ta Ido)Tolle)
A Dela er Cen6d Nq.of ITer. PR Plot look
R Rada.of Dere PO Pegs
T Twynl of Dew REC Racerend
I. M length luldb,q Setback Una
C Chent heath (E. Oahe the
OJL Mold OM*
PS Poll
m •meawrN
PREPARED FOR: PRDBCTI465001
DM:ORMA 4
CPB FAMILY MR RE rt\DATA\481 Dt\s R" AcuLDEsk`(EcAt.d.a
PARTAWLeRSHIP, LTD. $2 v:
Surveyor's Certification
6
l1G1 •DElC 110N 3"•I CERTIFY
OAIIT M S
PRIPNO IRI ER MT OFECTION ND NEER OR VOIDS
1101E��/,//�gjj�/�� �•�// •�• TUE ll1IRR1 Tta2/5rx STN1DAf•i POR t11R1YEY1 SET
8 ) NC KR1N N au.pi S N101 5, A ADIMfTRAnw
PURSUANT TO SECTION 472.027,FLORIDA
.I—I— Civil Engineering �`"'�'R` FOR THE CRC BY'
1 memo Land Surveying ,t y {y �t delle
It/L lar a.Si;>�Rail 32•11(101140-M1 Olt IIWSIRACE4 R..4137