HomeMy WebLinkAboutItem III (C) - Approval and Authorization to Execute Easement Agreement Franklin / Taylor Intersection AGENDA 7-02-91
• = = Item III C
et* ,5% James W. Shira P.E.
of G000 CITY ENGINEER/UTILITIES DIRECTOR
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761
(407)656-2322
DATE: June 26, 1991
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P. E.(
City Engineer/Utilitie Director
SUBJECT: Easement Agreement Franklin/Taylor Intersection
The one story concrete block building which stands on the northeast
corner of the Franklin Street/Taylor Street intersection is located
so that it encroaches slightly into the existing right-of-way as
shown on the attached sketch. A local firm intends to purchase
this building and use it for a commercial venture. In order to do
so it is necessary that the City either vacate the encroached-upon
right of way, or grant an easement allowing the building to remain
as a non-conforming use within the right-of-way. The latter action
will give the City more control in that the Easement Agreement will
terminate in the event the building is damaged.
The initial remodeling of the structure would, of course be
permitted, but future changes or repairs to the building would be
limited.
The attached Easement Agreement has been prepared and approved by
the City Attorney. I recommend that the City Commission authorize
the Mayor and City Clerk to execute this Easement Agreement.
JWS/jr
THE PRIDE OF WEST ORANGE tij
EASEMENT AGREEMENT
THIS NON-EXCLUSIVE EASEMENT AGREEMENT, made and entered
into as of the day of July, 1991, by and between THE CITY OF
OCOEE, a Florida municipal corporation, whose mailing address is
150 North Lakeshore Drive, Ocoee, Florida 34761 (the "Grantor") ,
and ALLEN L. BOND and PATRICIA G. BOND, his wife and whose mailing
address is 295 North Lakeshore Drive, Ocoee, Florida 34761
(collectively the "Grantee") .
WITNESSET H:
1. Grant of Easement. Subject to the terms and
conditions hereinafter set forth, the Grantor, in consideration of
the sum of TEN AND NO/100 DOLLARS ($10.00) paid by the Grantee, and
other valuable considerations, the receipt and sufficiency of which
is hereby acknowledged, does hereby give and grant to the Grantee
and its assigns, a non-exclusive, perpetual easement for the
placement and location of a permanent building and related fixtures
over, upon and across those portions of the Franklin and Taylor
Street rights-of-way, situated in the City of Ocoee, County of
Orange, in the State of Florida, and more particularly described
as follows:
See EXHIBIT "A" attached hereto and
incorporated herein by reference
(the "Property") .
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Brian T. Lower, Esq.
FOLEY & LARDNER
111 N. Orange Ave. , Suite 1800
P.O. Box 2193
Orlando, FL 32802-2193
(407) 423-7656
2. Acknowledgement of Nonconforming Structure. Grantor
does hereby acknowledge that the encroachment of the existing
building and fixtures of Grantee into the Property is a
nonconforming structure which may be continued pursuant and
subject to the provisions of Section 5.4(4) of Chapter I of
Appendix "A" of the Code of Ordinances of the City of Ocoee,
Florida. Grantor further acknowledges that the building and
related fixtures located on the Property may be remodeled,
repaired, improved and altered so long as such activity does not
increase the encroachment of said buildings and fixtures on the
Property.
3. Grantee's Right to Use the Property. The Grantor
and its assigns shall continue to have the reasonable right of
ingress and egress over, upon and across those portions of the
Property not improved with a permanent building for the purpose of
constructing, operating, repairing and maintaining public
utilities and rights-of-way for Franklin Street and Taylor Street.
4. Termination of Non-Exclusive Easement Agreement.
This Non-Exclusive Easement Agreement shall automatically
terminate at such time as the building located on the Property is
(i) relocated, (ii) demolished, (iii) damaged to such an extent
that the costs of repair would exceed seventy-five percent of the
building's total value, or (iv) is damaged such that it cannot be
repaired or reconstructed under the then applicable provisions of
the Code of Ordinances of the City of Ocoee.
5. Indemnification. Grantee hereby agrees to defend,
indemnify and hold the Grantor harmless against any and all
losses, claims, damages, liabilities, costs, and expenses
including, but not limited to reasonable attorneys' and
paralegals' fees, whether or not judicial proceedings are
involved, and reasonable attorneys' fees and paralegals' fees on
appeal incurred by the Grantor which arises out of or are in any
way connected with (i) the negligence of Grantee or any of
Grantee's agents, contractors, employees, guests or invitees,
and/or (ii) any claim asserted against Grantor or any costs,
2
expenses or liabilities incurred by Grantor in connection with
this Non-Exclusive Easement Agreement and/or Grantee's use of the
Property.
6. Disclaimer by Grantor. Grantor does not by virtue
of this Non-Exclusive Easement Agreement warrant or represent to
Grantee that the encroachment of Grantee's building and/or
fixtures into the Property complies with applicable county, state
and/or federal rules, regulations, ordinances or statutes.
Grantee does hereby acknowledge that the Property is public right-
of-way and that Grantor does not represent or warrant that it has
fee simple title to the Property or that the Property is free and
clear of all encumbrances.
7. Non-Waiver. Nothing contained herein shall be
construed as a special exception or as a variance or waiver from
any applicable provisions of the Code of Ordinances of the City of
Ocoee or the laws of the State of Florida.
8. Binding Effect. This Agreement shall be binding
upon and inure to the benefit of the parties specified herein,
their legal representatives, successors and assigns, and the
benefits and burdens thereof shall run with the Property.
9. Modification or Amendment. This Agreement may be
modified or amended only upon the mutual written consent of
Grantee and Grantor or their respective successors and assigns.
3
IN WITNESS WHEREOF, the Grantor and Grantee have caused
these presents to be signed as of the day and year first above
written.
GRANTOR:
CITY OF OCOEE, FLORIDA
Name of Witness:
By:
LESTER DABBS, JR. , Mayor
Name of Witness:
Attest:
JEAN GRAFTON, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, APPROVED AS
TO FORM AND LEGALITY THIS :::811,1
DAY OF JUNE, 1991:
FOLEY �& LARDNER
By: `1A
A%fi, City A torney
GRANTEE:
Name of Witness: ALLEN L. BOND
Name of Witness: PATRICIA G. BOND
4
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 LESTER DABBS, JR. and JEAN
GRAFTON, 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
corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this day of July, 1991.
Notary Public
(NOTARIAL SEAL) Name of Notary:
My commission expires:
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 ALLEN L. BOND and PATRICIA
BOND, his wife, to me known to be the persons described in and who
executed the foregoing instrument and they acknowledged before me
that they executed the same in the presence of two subscribing
witnesses freely and voluntarily.
WITNESS my hand and official seal in the County and
State last aforesaid this day of July, 1991.
Notary Public
(NOTARIAL SEAL) Name of Notary:
My commission expires:
WP50\OCOE\107A(4)
(06/28/91)
5
EX1111311 /\
)111109
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cnunci or con or r'norItBCY
LEGAL.DESCIlIrrI0N
A TRACT or LAND LYING 10 SFC11o14 10. TowNSIIII• 72 SOUTH, RANGE 20 EAST BEING A
ronTloN or RIE 311011r•or•wnv or TAYLDII 5181EE r AND A roni loN or T11Q mciIT•Or.WAV or
FRANKLIN S InEE r.LYING ADJACENT TO Lot 50,SIMMS SLIno1VISION ACCORDING TO 111E FLAT
THEREOF,AS RECORDED IN I'1-AI 1100K'r•,PAGE 120 OF TUE PUBLIC RECORDS or ORANGE
COUNtY,FLORIDA BEING MOUE I'AIIIICULAIILY OE:SCIIIOED AS rOLLOWS:
COMMENCE AT A POINT LYING ON TIIE NOIITI[MY 11101IT•or-WAY LINE Or SAID
FRANKLIN STIIEE I,SAID 1.OINT BEING THE SO111IIEAST comsat or 171E SOUTH
HALF OF SAID 103 50; THENCE 11014 N011111 09"54'04' WEST, ALONG SAID
NORIIIEIILY nMGII T-Or-WAY LINE AND NIS SOUIIIEIO.Y LINE Or SAID LOT 50.A
DISTANCE OF 55.03 rEE:l To 111E 1.0103 or CURVATURE.OF A CURVE.CONCAVE
NORTHERLY: THENCE PUN WESTERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH or 70.00 FEET,A CEN DIAL ANGLE Or 03"54'23-,AN ARC LENGTH OF
1.313 FEET,A C11011131040111 Or 1.313 FEET AND A CII011D REARING or 0013111
07"56'53' WEST 10 111E rOINT Or BEGINNING: THENCE. DEPARTING SAID
SOUIIIERLY LINE or 1.01 00 AND IJo11111ERLY ITIGHT-Or-WAY LINE or FRANKLIN
STREET,DUN NON.f1ADIAI.TO SAID CURVE SOU11I 01"10'20"WEST.3.70 FEET;
THENCE DUN SOUTII 00"43'32'En51.7 00 FEET;THENCE RUN 50011101"10'20"
WEST, 0.10 FEET: THENCE 11111.1 NOnn1I 101"43'32' WES1, 22.10 FEET;THENCE
RI1N 001111101"16'20-EAST,49.00 FEET:111E4CE 1101$SMITH 00"43'32'EAST.
0.02 FEET 70 A POINT ON TIIE EASTERLY IIIGIIT-OF-WAY LINE OF SAID TAYLOR
STREET AND THE WESTERLY I INE Or SAID LOT 50: THENCE RUN 5011111
00"00'00'EAST,ALONG SAID FASIEnI.Y RIGIIT•OF-WAY LINE or TAYLOR STREET
AND WESTERLY LINE Or SAID 101 50,A DISTANCE OF 10.60 FEET TO 111E POINT
OF curly/VI/RE OF A CURVE CONCAVE NORTHEASTERLY; THENCE RUN
SO11111EASTEDLY,ALONG SAID CURVE HAVING A RADIUS I-EN0111 OF 20.00 FEET,
A CENTRAL ANGIE OF 05"59'41', AN ARC LENGIH or 30.02 FEET, A C110110
LENGTH or 27.70 FEF 1 AND A CIIOIIT)BEARING or SOUTH 42'09'51' EAST TO
TIIE POINT OF BEGINNING.
111E ABOVE DESCDIIEO TRACT or LAIJD LIES IN ORANGE COUNTY, rLO11IDA AND CONTAINS
333.0 SOUAIIE FEET,MORE OR I.E55.
•
SS!_RYFY011'S N�?f.5,
111 rErRODUCTIONS or 11115 SKETCH ARE NOT VALID UNLESS SEALED WITH 111E
SURVEYOR'S EMBOSSED SEAL.
121 LANDS SHOWN HEREON WERE 001 ABSTRACTED FOR RIGIITS•OF•WAY, EASEMENTS,
OWNERSHIP,On OT11ED INSTRUMENTS Or RECORD OY THIS FIRM.
131 BEARINGS SIIOWIJ IIEf1EON ARE RELATIVE 70 THE WEST LINE OF 111E ABOVEMENTIONED
LOT 50,BEING NOD111 00'00'00' EAST AN ASSUMED DATUM.
141 TIIE "LEGAL DESCllrl101r HEREON IIAS BEEN PREPARED DY TIIE SURVEYOR AT THE
CLIENT'S REOUFSI.
ISI UNDERGROUND IMPROVEMENTS. SUCH AS FOUNDATIONS AND UTILITIES, WERE NOT
• LOCATED.
16) THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY.AS SUCH,
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CFnTit*I ATION:
WF HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION or TIIE 11015014 DESCRIBED PROPERTY IS
11105 AND COR11EC1 10 111E BEST Or OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER 01111
DIRECTION IN JUNE, 1991. WE FUf1TIIEn CERTIFY THAT 71115 LEGAL DESCRIPTION MEETS TIIE
MINIMUM 1ECIINICAI. STANDARDS SET FORTH IN RULE 2111166_I-.A.C.) ADOPTED BY 111E
FLORIDA noAno or LAND SURVEYORS.rURSUANT TO rLonIDA•>TA• TE .472.02
1/7
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