HomeMy WebLinkAboutItem III (B)(C) - Approval and Authorization to Execute Water Line Easement Agrrement with Cambria & William E and Lieser M Culburn AGENDA 5-07-91
Item III B
AGENDA 5-07-91
Item III C
FOLEY & LARDNER
I I I NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
MEMORANDUM CHICAGO, ILLINOIS
TO: Ms . Jean Grafton, City Clerk
FROM: Brian T. Lower, Esq. , Assistant City Attorney
XI--
DATE: April 17 , 1991
RE: Water Line Easement Agreements from Cambria and
William E. and Lieser M. Colburn
Enclosed please find two original Easement Agreements
in favor of the City of Ocoee for water lines . We have reviewed
these Easement Agreements and find them to be acceptable. We
therefore recommend that the Honorable Mayor and City Commission
approve the same. Accordingly, we would appreciate your placing
these two Easement Agreements on the upcoming City Commission
Consent Agenda.
After approval by the City Commission, please have the
same executed by the Mayor and yourself before two witnesses
and a notary public. Please also fill in the Commission meeting
date and agenda item under which the Easements were approved.
After execution please return the Easement Agreements to us
for recording in the Public Records .
If you have any questions or comments , please feel free
to call.
/jh
Enclosures
cc: Mr. James Shira, City Engineer
Paul E. Rosenthal, Esq. , City Attorney
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into as of
this 2nd day of April , 1991, by and between CAMBRIA,
a Florida general partnership, (hereinafter referred to as the
"Grantor") and THE CITY OF OCOEE, a Florida municipal
corporation, whose mailing address is 150 North Lakeshore
Drive, Ocoee, FL 34761 (hereinafter referred to as the
"Grantee") .
WITNESS, that 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 construction, operation, ownership, repair, maintenance,
expansion and replacement of water lines and any related
appurtenances, over, upon, under and across that certain
property of the Grantor, situated in the County of Orange, in
the State of Florida, and more particularly described as
follows: .
See Exhibit "A" attached hereto and incorporated
herein by reference (hereinafter referred to as the
"Easement Property") .
TO HAVE AND TO HOLD the same unto the Grantee, its
successors and assigns forever.
Grantee and its assigns shall have the right of ingress
and egress over, upon, under and across the Easement Property
at all times for the purpose of constructing, operating,
owning, repairing, maintaining, expanding and replacing the
water lines and any related appurtenances located thereon;
provided, however, that no part of such water lines or related
appurtenances shall be located above ground except as approved
in writing by Grantor prior to installation of such above
ground water lines or appurtenances. Grantee and its assigns
shall also have the right to clear and keep clear all trees,
undergrowth and other obstructions that interfere with the
construction, operation, ownership, repair, maintenance,
expansion or replacement of the water lines and any related
appurtenances installed on the Easement Property. Grantee
hereby agrees that, to the extent permitted by law, any
property of the Grantor that is materially damaged by the
Grantee incident to the exercise of the rights granted to the
Grantee pursuant hereto shall be restored by Grantee to a
condition which approximates as closely as is practical, the
condition of the property prior to being materially damaged by
Grantee. Provided however, Grantee shall not be obligated to
repair or replace landscaping or irrigation facilities other
than replacing grass.
Grantor and its successors and assigns may utilize the
easement property for any purpose which does not interefere
with the construction, operation, ownership, repair,
maintenance, expansion and replacement of the water lines and
any related appurtenances installed on Easement Property,
including, but not limited to, the construction and maintenance
of driveways and other access areas from Grantor's property
which is contiguous to the Easement Property to the
right-of-way for Bluford Avenue. r,,.,....
Grantor warrants and guarantees that it has fee simple
title to the Easement Property and has full right, authority
and capacity to grant this easement, that the Easement Property
is free and clear of all liens, mortgages and encumbrances
whatsoever, except for real property taxes not delinquent, and
that it will defend the same against the claims of all parties.
This easement shall be binding upon and shall 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 Easement Property. •
IN WITNESS WHEREOF, Grantor and Grantee have caused these
presents to be executed as of the day and year first above
written.
Signed, sealed and delivered CAMBRIA, a Florida general
in he •resence of: partnership
A / / / ' By:
f WILLIAM E. COLBURN, Partner
/ CITY OF OCOEE, FLORIDA
By:
Lester Dabbs, Jr. , Mayor
Attest:
Jean Grafton, City Clerk
(Seal)
FOR USE AND RELIANCE ONLY •
BY THE CITY OF OCOEE, APPROVED
AS TOFORM AND l,E GAL]TY THIS
) day of H-pI i , 1991.
FOLEY & LARDNER, I Approved by the Ocoee City
City Attorney Commission at a meeting
held on
By: Asy}-• under Agenda Item No.
C rh J j •ty
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 WILLIAM E. COLBURN,
Partner of CAMBRIA, a Florida general partnership, and he
acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority
duly vested in him by said partnership for the uses and
purposes expressed therein. .
WITNESS my hand and official seal in the County and State
last aforesaid this po,et day of , 1991.
(NOTARIAL SEAL) QQ 7`Yi-1-r4
No ary Pu is
icy Commis ion Expire
STATE OF FLORIDA Notary Public,State of florido
COUNTY OF ORANGE Ny Ec:rmi;aon Expi.s Orta 29,1992
Bcrd_J Then Trcy foin.Insurance Inc.
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, 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
municipality.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1991.
(NOTARIAL SEAL)
Notary Public
• My Commission Expire:
•
ocesmagr/D2
EXHIBIT "A"
The Westerly 15.00 feet of the following described parcel:
Easement A
That part of the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of Section 20, Township 22 South, Range 28
East, Orange County, Florida; lying East of Clarcona Ocoee •
Road and South of Maine Street; AND
That part of the Northwest 1/4 of the Southwest 1/4 of the
Southwest 1/4 of said Section 20, lying East of Clarcona '
Ocoee Road and South of Maine Street; more particularly
described as follows:
From the Southwest corner of the Southwest 1/4 of Section
20, Township 22 South, Range 28 East, Orange County,
Florida, run North 00 degrees 14 minutes 15 seconds East
along the West line of said Section 20 a distance of
1383.54 feet to the Southwest corner of the South 1/2 of
the Northwest 1/4 of the Southwest 1/4 of said Section 20;
thence South 88 degrees 58 minutes 01 seconds East along
the South line of said South 1/2 of the Northwest 1/4 of
the Southwest 1/4 a distance of 290.79 feet to the Point
of Beginning on the Easterly right-of-way line of Clarcona
Ocoee Road; thence run North 35 degrees 20 minutes 45
seconds West along said Easterly right-of-way line 84.06
feet to the point of curvature of a curve concave
Northeasterly and having a radius of 1688.83 feet; thence
Northerly along the arc of said curve and said Easterly
right-of-way line 234.24 feet through a central angle of
07 degrees 56 minutes 49 seconds to the intersection of
said Easterly right-of-way line with the Southerly
right-of-way line of Maine Street; thence South 61 degrees
17 minutes 01 seconds East along said Southerly
right-of-way line 480.76 feet to the point of a curvature
of a curve concave Northly and having a radius of 540.78
feet; thence Easterly along the arc of said curve and said
Southerly right-of-way line 132.60 feet through a central
angle of 14 degrees 02 minutes 56 seconds to the East line
of the Northwest 1/4 of the Southwest 1/4 of the Southwest
1/4 of said Section 20; thence South 00 degrees 13 minutes
06 seconds West along said East line 511.76 feet to a
point of said Easterly right-of-way line of Clarcona Ocoee
Road, said point being on a curve convave Northeasterly
and having a radius of 5735.72 feet; thence from a tangent
bearing of North 36 degrees 18 minutes 47 seconds West run
Northwesterly along the arc of said curve and said
Easterly right-of-way line 96.83 feet through a central
angle of 00 degrees 58 minutes 02 seconds to the point of
tangency; thence North 35 degrees 20 minutes 45 seconds
West along said Easterly right-of-way line 545.25 feet to
the Point of Beginning, containing therein 3.2654 acres
more or less.
easemntaD3rr
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into as of
this , . day of April , 1991, by and between WILLIAM
E. COLBURN and LIESER M. COLBURN, his wife, (together
hereinafter referred to as the "Grantor") and THE CITY OF
OCOEE, a Florida municipal corporation, whose mailing address
is 150 North Lakeshore Drive, Ocoee, FL 34761, (hereinafter
referred to as the "Grantee") .
WITNESS, that 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 construction, operation, ownership, repair, maintenance,
expansion and replacement of water lines and any related
appurtenances, over, upon, under and across that certain
property of the Grantor, situated in the County of Orange, in
the State of Florida, and more particularly described as
follows:
See Exhibit "A" attached hereto and incorporated
herein by reference (hereinafter referred to as the
"Easement Property") .
TO HAVE AND TO HOLD the same unto the Grantee, its
successors and assigns forever.
Grantee and its assigns shall have the right of ingress
and egress over, upon, under and across the Easement Property
at all times for the purpose of constructing, operating,
owning, repairing, maintaining, expanding and replacing the
water lines and any related appurtenances located thereon;
provided, however, that no part of such water lines or related
appurtenances shall be located above ground except as approved
in writing by Grantor prior to installation of such above
ground water lines or appurtenances. Grantee and its assigns
shall also have the right to clear and keep clear all trees,
undergrowth and other obstructions that interfere with the
construction, operation, ownership, repair, maintenance,
expansion or replacement of the water lines and any related
appurtenances installed on the Easement Property. Grantee
hereby agrees that, to the extent permitted by law, any
property of the Grantor that is materially damaged by the
Grantee incident to the exercise of the rights granted to the
Grantee pursuant hereto shall be restored by Grantee to a
condition which approximates as closely as is practical, the
condition of the property prior to being materially damaged by
Grantee; provided, however, Grantee shall not be obligated to
repair or replace landscaping or irrigation facilities other
than replacing grass.
Grantor and its successors and assigns may utilize the
easement property for any purpose which does not interefere
with the construction, operation, ownership, repair,
maintenance, expansion and replacement of the water lines and
any related appurtenances installed on Easement Property,
including, but not limited to, the construction and maintenance
of driveways and other access areas from Grantor's property
which is contiguous to the Easement Property to the
right-of-way for Bluford Avenue.
Grantor warrants and guarantees that it has fee simple
title to the Easement Property and has full right, authority
and capacity to grant this easement, that the Easement Property
Whe\to
Brian T. Lc:^i r, Esq•
FOLEY & LAMER, van dee BERG.
GAY, BURKE. WILSON & ARAI
iii North Oran Eo Mona°, Suit• 1800
Orlando,Florida 30802
is free and clear of all liens, mortgages and encumbrances •
whatsoever, except for real property taxes not delinquent, and
that it will defend the same against the claims of all parties.
This easement shall be binding upon and shall 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 Easement Property.
IN WITNESS WHEREOF, Grantor and Grantee have caused these
presents to be executed as of the day and year first above
written.
Signed, sealed and delivered
in a .resence of:
L
WILLIAM E. COLBURN
•
LIESER M. COLBURN •
CITY OF OCOEE, FLORIDA
By:
Lester Dabbs, Jr, Mayor
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, APPROVED
AS TO FORM AND L ALI Y THIS
x"1111 day of c I > , 1991.
FOLEY & LARDNER, Approved by the Ocoee City
City,Attorney Commission at a meeting
J held on
By: — e ; . . under Agenda Item No.
STATE OF FLORIDA TY. / l�
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 WILLIAM E. COLBURN and
LIESER M. COLBURN, his wife, well known to me the individuals
named as the Grantor in the foregoing instrument, and that they •
severally acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily.
WITNESS my hand and official sea in the County and State
last aforesaid this o2,ti.1, day of , 1991.
(NOTARIAL SEAL)
Nota Publ Publ.
My Commissi Expire:
•
Notary PuL54 State of Flori&,
STATE OF FLORIDA y ComraissiDn Lpiras Oct.29,1992
Bor.�„d ihri.c-Iuin �nwra nca Inc.
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 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
municipality.
WITNESS my hand and official seal in the County and State
last aforesaid this day of April, 1991.
(NOTARIAL SEAL)
Notary Public
My Commission Expire:
esmtagre/D2
EXHIBIT "A"
The Westerly 15.00 feet of the following described parcel:
Easement B.
With a bearing of West on the South line of the Southwest
1/4 of Section 20, Township 22 South, Range 28 East, begin
at a point situated 478.8 feet North and 6 feet West of
the Southwest corner of the Southeast 1/4 of the Southwest
1/4 of Section 20, Township 22 South, Range 28 East,
thence run parallel to said Section line West 362.4 feet
to the East right of way line of State Road, thence run
South 39 degrees, 47 minutes, 10 seconds East along said
right of way line 527.36 feet, thence run South 89
degrees, 56 minutes, 10 seconds East 29.05 feet to a point
73.49 feet North and 4.5 feet West of the said Southwest
corner of the Southeast 1/4 of the Southwest 1/4 of
Section 20, Township 22 South, Range 28 East, thence run
North 0 degrees, 10 minutes, 50 seconds West 405.31 feet
to the Point of Beginning.
AND:
With a bearing of West on the South line of the Southwest
1/4 of Section 20, Township 22 South, Range 28 East, begin
at a point situated 478.8 feet North and 6 feet West of
the Southwest corner of the Southeast 1/4 of the Southwest
1/4 of Section 20, Township 22 South, Range 28 East,
thence run parallel to said Section line West 362.4 feet
to the East right of way line of State Road, thence run
North 39 degrees, 47 minutes, 10 seconds West along said
right of way line 210.3 feet, thence run along the arc of
a curve to the right with a radius of 5304 feet a distance
of 25.46 feet, thence run East parallel with said Section
line 513.11 feet, thence South 0 degrees, 10 minutes, 50
seconds East 181.2 feet to the Point of Beginning.
AND:
Beginning at a point 10 chains East of a point 20.99
chains North of the Southwest corner of Section 20,
Township 22 South, Range 28 East and run East 10 chains;
South 10.43 chains; West 10 chains; North 10.68 chains to
the Point of Beginning; less the right of way for the •
A.C.L. Railroad and the right of way of State Road.
cityleg/D3rr