HomeMy WebLinkAboutItem III (D) - Approval and Authorization to Execute Clark Road Project / Non-Exclusive Temporary Drainage Easement Agreement from Lake Lotta, Ltd. AGENDA 4-16-91
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Item III D
F O L E Y & LA R D N E R
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEDHONE (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
CHICAGO, ILLINOIS
MEMORANDUM
TO: To the Honorable Mayor and City Commission of the
City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney
DATE: April 3 , 1991
RE: Clark Road Project/Non-Exclusive Temporary Drainage
Easement Agreement from Lake Lotta, Ltd.
In connection with the final design of the Clark Road
project, it has been determined that certain "special ditches"
are needed to accept water runoff from certain lands prior to
their development. Lake Lotta, Ltd. has agreed to grant to
the City, at no cost to the City, the necessary easement.
Attached hereto is the proposed Non-Exclusive Temporary Drainage
Easement Agreement between Lake Lotta, Ltd. and the City of
Ocoee. The Easement Agreement has been reviewed and approved
by the City Attorney and the City Engineer.
RECOMMENDATION:
It respectfully is recommended that the City Commission
approve the Non-Exclusive Temporary Drainage Easement Agreement
between Lake Lotta, Ltd. and the City of Ocoee, authorizing
execution thereof by the Mayor and City Clerk.
Paul E. Rosenthal
PER/jh
Enclosure
cc : Mr. Jim Shira (w/encl )
Ms . Jean Grafton (w/encl)
NON-EXCLUSIVE TEMPORARY DRAINAGE EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY DRAINAGE EASEMENT AGREEMENT
(the "Easement Agreement") is made and entered into this 15th day
of March, 1991, by and between LAKE LOTTA, LTD., a Florida limited
partnership, whose address is 890 North State Road 434, Altamonte
Springs, Florida 32714 (hereinafter referred to as the "Grantor") ,
and the CITY OF OCOEE, a Florida municipal corporation, whose
address is 150 North Lakeshore Drive, Ocoee, Florida 34761
(hereinafter referred to as the "Grantee") .
W I T N E S S E T H:
WHEREAS, Grantor is the owner of that certain real property
located in Orange County, Florida, as more particularly described
in Exhibit "A" attached hereto and incorporated herein by reference
(the "Easement Property") ; and
WHEREAS, Grantee has requested, and Grantor has agreed to
grant and convey to Grantee, a non-exclusive temporary drainage
easement over, upon and across the Easement Property for the
specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants,
promises, terms and conditions set forth herein, and for other good
and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
Section 1. The above recitals are true and correct, and
form a material part of this Easement Agreement and are
incorporated kierein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells
and conveys to Grantee a non-exclusive temporary drainage easement
(the "Easement") for drainage purposes, with full authority to
enter upon, construct and maintain, as the Grantee and its assigns
may deem necessary, a drainage ditch, pipe, or facility over, under
and upon the Easement Property, subject to the terms, conditions
and limitations set forth herein. It is contemplated by Grantee
that the Easement will be an open drainage ditch.
Section 3. The sole purpose of the facilities to be
constructed within the Easement shall be that of providing storm
This Instrument Prepared by 1
and should be returned to: ''J
PAUL E. ROSENTHAL
Foley & Lardner jj•
P.O. Box 2193
water retention/detention facilities for the natural flow of storm
water from Grantor's property adjacent to the proposed Clark Road.
Section 4. Grantor hereby warrants and guarantees to
Grantee that Grantor has fee title to the Easement Property,
subject to easements, a mortgage, 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.
Section 5. The Grantee herein and its assigns shall have
the right to clear all trees, undergrowth and other obstructions
that may interfere with normal operation or maintenance of the
drainage ditch, pipe, or facility out of and away from the Easement
Property, 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
Easement Property that may interfere with the normal operation or
maintenance of the drainage ditch, pipe, or facility.
Notwithstanding the foregoing, the Grantor, its successors and
assigns shall have the right, but not the obligation, to cover and
pipe all or a portion of the Easement Property, all at the
Grantor's sole cost and expense, provided that the function of the
Easement is not impaired as a rdiilt of such piping.
Section 6. This Easement is non-exclusive, and Grantor
reserves to itself, its successors and assigns, the non-exclusive
right to use, pass and repass over and upon the Easement Property.
Each party shall use the rights granted and reserved by this
Easement Agreement with due regard to the rights of the other party
to use and enjoy the Easement Property.
Section 7. It is contemplated by the Grantor and the
Grantee that this Easement will no longer be necessary at such time
as all or a portion of the lands owned by Grantor adjacent to the
Easement Property are developed. Furthermore, the construction of
a drainage ditch by the Grantee within the Easement Property shall
not be construed to relieve Grantor of any obligations to provide
for on-site drainage retention under all applicable statutes, laws,
ordinances, rules and obligations. Accordingly this Easement shall
2
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remain in effect until such time as the Grantor has provided
adequate storm water retention/detention facilities to replace the
capacity in the Easement. The Easement shall be released in
partial releases, or in its entirety, at the Grantor's request and
upon compliance with the provisions of this Section 7.
Notwithstanding anything herein to the contrary, no part of the
Easement shall be released until the replacement facilities have
been constructed and have been approved by the Grantee.
Section 8. As long as any portion of the Easement exists,
the Grantee shall be fully responsible for its maintenance and
agrees to keep such in a reasonable aesthetic condition similar to
the surrounding and adjacent property.
Section 9. To the extent permitted by law, the Grantee
agrees to indemnify and hold harmless the Grantor from and against
any and all claims, actions, causes of action, loss, damage,
injury, liability, cost or expense, including without limitation
attorneys' fees (whether incurred before, during or after trial,
or upon any appellate level) , arising from the Grantee's use of the
Easement Property or from the exercise by the Grantee of any rights
granted by this Easement Agreement.
Section 10. This Easement Agreement shall be binding upon
and inure to the benefit of the parties specified herein, their
respective legal representatives, successors and assigns, and the
benefits and burdens hereof shall run with the Easement Property.
Section 11. This Easement Agreement may be modified or
amended only upon the mutual written consent of Grantee and
Grantor, or their respective legal representatives, successors and
assigns; provided, however, that this Easement may be unilaterally
terminated by Grantee in whole or in part.
Section 12. All legal descriptions contained herein were
prepared by the engineer of the City of Ocoee. In the event any
discrepancy is found in said descriptions, then the City of Ocoee
shall, at its expense, remedy any situation that results from said
discrepancy including, but not limited to, the correction of the
public records.
3 (40
1
IN WITNESS WHEREOF, the parties hereto have subscribed their
names and have caused this Easement Agreement to be executed as of
the day and year first above written.
Signed, sealed and delivered
in the presence of: GRANTOR:
LAKE LOTTA, LTD.,
• A Florida Limited Partnership
By: RESIDENTIAL COMMUNITIES
el.,...fir.
'� OF AMERICA, a Florida
..i. ►� J, 45 general partnership,
Igeneral partner
By: BULWARK DEVELOPMENT, INC. , •
a Flo * F corporation,
gener 4 .rtner
.E. V
By: ul.
BARRY . • : •N, Pvesident
(CORPORATE SEAL)
GRANTEE:
CITY OF OCOEE,
A Florida municipal corporation
By:
LESTER DABBS, JR. , Mayor .
Attest:
JEAN GRAFTON, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, APPROVED AS APPROVED BY THE OCOEE CITY
TO FORM AND LEGALITY THIS COMMISSION AT A MEETING
DAY OF , 1991: HELD ON , 1991
UNDER AGENDA ITEM NO. .
FOLEY & LARDNER
By:
City Attorney
STATE OF FL RIDA )
COUNTY OF 4'4'/41 G�i )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid, to
take acknowledgments, personally appeared BARRY S. GOODMAN, as
President of BULWARK DEVELOPMENT, INC. , a Florida corporation, as
general partner of RESIDENTIAL COMMUNITIES OF AMERICA, a Florida
general partnership, as general partner of LAKE LOTTA, LTD., a
Florida limited partnership, to me known to be the person described .
in and who executed the foregoing instrument and he acknowledged
before me that he executed the same on behalf of said corporation
and partnerships.
4
WITNESS my hind officia sea in the County and State last
aforesaid this , f•Jday of -"} ate, y , 1991.
Notary 'ublic
(NOTARIAL SEAL) ✓✓✓
My commission expires:
NOTARY PURL*STATE OF FLORIDA AT I.AiTGr
MY COMMISSION N EXPIRES JULY 2v,h4.3
ACF(1Q'.:k`M /.RIC.
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 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.
Notary Public
(NOTARIAL SEAL)
My commission expires:
5
EXHIBIT "A"
318204
LEGAL DESCRIPTION
TEMPORARY DRAINAGE EASEMENT 21
A PARCEL OF LAND LYING IN SECTION 21.TOWNSHIP 22 SOUTH,RANGE 28 EAST,DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 21 FOR A POINT OF REFERENCE;THENCE,ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, RUN NORTH 09°50'17' EAST, 1632.88 FEET;
THENCE,DEPARTING SAID SOUTH LINE,RUN NORTH 00°11'19'WEST, 1250.07
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY;
THENCE RUN NORTHEASTERLY,ALONG SAID CURVE.HAVING A RADIUS LENGTH
OF 1241.00 FEET,A CENTRAL ANGLE OF 38°32'39'.AN ARC LENGTH OF 834.85
FEET, A CHORD LENGTH OF 819.19 FEET. AND A CHORD BEARING OF NORTH
19°05'01'EAST;THENCE,RADIAL TO SAID CURVE.RUN NORTH 51°38'39"WEST,
50.00 FEET TO THE POINT OF BEGINNING;THENCE.CONTINUE NORTH 51°38'39"
WEST, 10.00 FEET TO A POINT LYING ON A CURVE CONCENTRIC TO THE
AFORESAID CURVE;THENCE RUN NORTHEASTERLY,ALONG SAID CURVE,HAVING
A RADIUS LENGTH OF 1301.00 FEET.A CENTRAL ANGLE OF 03°10'30',AN ARC
LENGTH OF 72.09 FEET.A CHORD LENGTH OF 72.08 FEET AND A CHORD BEARING
OF NORTH 39°56'36' EAST TO THE POINT OF TANGENCY;THENCE RUN NORTH
41°31'50"EAST,161.23 FEET;THENCE RUN SOUTH 48°28'10'EAST.10.00 FEET;
THENCE RUN SOUTH 41°31'50' WEST, 161.23 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN
SOUTHWESTERLY.ALONG SAID CURVE,HAVING A RADIUS LENGTH OF 1291.00
FEET, A CENTRAL ANGLE OF 03°10'30', AN ARC LENGTH OF 71.54 FEET, A
CHORD LENGTH OF 71.53 FEET AND A CHORD BEARING OF SOUTH 39°56'36'
WEST TO THE POINT OF BEGINNING.
•
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
0.054 ACRES 12330 SQUARE FEET),MORE OR LESS.
TOGETHER WITH;(TEMPORARY DRAINAGE EASEMENT 22)
A PARCEL OF LAND LYING IN SECTION 21,TOWNSHIP 22 SOUTH,RANGE 28 EAST,DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID •
SECTION 21 FOR A POINT OF REFERENCE;THENCE,ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, RUN NORTH 89°50'17' EAST, 1632.88 FEET;
THENCE,DEPARTING SAID SOUTH LINE,RUN NORTH 00°11'19'WEST, 1250.07
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY;
THENCE RUN NORTHEASTERLY,ALONG SAID CURVE,HAVING A RADIUS LENGTH
OF 1241.00 FEET.A CENTRAL ANGLE OF 41°43'09°,AN ARC LENGTH OF 903.62
FEET, A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF NORTH
20°40'16' EAST TO THE POINT OF TANGENCY;THENCE RUN NORTH 41°31'50'
EAST,521.23 FEET;THENCE RUN NORTH 48°28'10'WEST,50.00 FEET TO THE
POINT OF BEGINNING;THENCE CONTINUE NORTH 48.28'10"WEST, 10.00 FEET;
THENCE RUN NORTH 41°31'50"EAST.70.59 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE NORTHWESTERLY;THENCE RUN NORTHEASTERLY,ALONG
SAID CURVE,HAVING A RADIUS LENGTH OF 1181.00 FEET.A CENTRAL ANGLE OF
00°53'46',AN ARC LENGTH OF 18.47 FEET,A CHORD LENGTH OF 18.47 FEET •
AND A CHORD BEARING OF NORTH 41°04'56' EAST;THENCE,RADIAL TO SAID
CURVE.RUN SOUTH 49°21'57'EAST,10.00 FEET TO A POINT LYING ON A CURVE
CONCENTRIC TO THE AFORESAID CURVE;THENCE RUN SOUTHWESTERLY.ALONG
SAID CURVE,HAVING A RADIUS LENGTH OF 1191.00 FEET,A CENTRAL ANGLE OF
00°53'46',AN ARC LENGTH OF 18.63 FEET,A CHORD LENGTH OF 18.63 FEET
AND A CHORD BEARING OF SOUTH 41°04'56' WEST TO THE POINT OF
TANGENCY;THENCE RUN SOUTH 41.31'50"WEST,70.59 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
0.020 ACRES(891 SQUARE FEET).MORE OR LESS.
SHEET 3 OF 8
NOTE, TN/S/S NOTA SURVEY
PEC'PROFESS/ONAL ENG/NEER/NG CONSULTANTS, INC.
dnyin66is p/annus su/Yl,0rS
Suit* /360 £ole Po,* Centro 200 Eott Rol/noon S/reol Otlondo, Pl.,id° 3260/ 407/422-6032
Section 2l ; Township 22 South ; Range 28 East /'��
4`
DATE 2 -26-91 PREP.BY- W,L4, DRAWN BY: M.L.M. ...011 NO,0E-109 (I.1)
EXHIBIT "A"
31•209
LEGAL DESCRIPTION
TOGETHER WITH;(TEMPORARY DRAINAGE EASEMENT 131
A PARCEL OF LAND LYING IN SECTION 21,TOWNSHIP 22 SOUTH,RANGE 28 EAST,DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 21 FOR A POINT OF REFERENCE;THENCE.ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER. RUN NORTH 89°50'17' EAST, 1632.88 FEET;
THENCE,DEPARTING SAID SOUTH LINE,RUN NORTH 00°1119'WEST, 1250.07
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY;
THENCE RUN NORTHEASTERLY.ALONG SAID CURVE,HAVING A RADIUS LENGTH
OF 1241.00 FEET,A CENTRAL ANGLE OF 41°43'09'.AN ARC LENGTH OF 903.62
FEET, A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF NORTH
20°40'16'EAST TO THE POINT OF TANGENCY;THENCE RUN NORTH 41°31'50' '
EAST, 591.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
NORTHWESTERLY;THENCE RUN NORTHEASTERLY.ALONG SAID CURVE,HAVING
A RADIUS LENGTH OF 1241.00 FEET.A CENTRAL ANGLE OF 33°12'53',AN ARC
LENGTH OF 719.41 FEET, A CHORD LENGTH OF 709.38 FEET AND A CHORD
BEARING OF NORTH 24°55'23" EAST; THENCE, RADIAL TO SAID CURVE. RUN
NORTH 81°41'04' WEST, 50.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE NORTH 81°41'04"WEST, 5.00 FEET TO A POINT LYING ON A CURVE
CONCENTRIC TO THE AFORESAID CURVE;THENCE RUN NORTHERLY,ALONG SAID
CURVE, HAVING A RADIUS LENGTH 1186.00 FEET. A CENTRAL ANGLE OF
08°08'06',AN ARC LENGTH OF 168.39 FEET.A CHORD LENGTH OF 168.25 FEET,
AND A CHORD BEARING OF NORTH 04°14'53"EAST TO THE POINT OF TANGENCY;
THENCE RUN NORTH 00°10'51' EAST, 73.80 FEET; THENCE RUN NORTH
89°49'09' WEST, 10.00 FEET; THENCE RUN NORTH 00°10'51' EAST. 150.00
FEET; THENCE RUN NORTH 89°49'09' WEST, 5.00 FEET; THENCE RUN NORTH
00°10'51"EAST.225.00 FEET;THENCE RUN SOUTH 89°49'09'EAST,15.00 FEET; -
THENCE RUN NORTH 00°10'51' EAST. 120.45 FEET; THENCE RUN SOUTH
45°00'57'WEST,7.04 FEET;THENCE RUN SOUTH 00°10'51"WEST,564.28 FEET
TO THE POINT OF CURVATURE OF A CURVE WESTERLY;THENCE RUN SOUTHERLY,
ALONG SAID CURVE,HAVING A RADIUS LENGTH OF 1191.00 FEET,A CENTRAL
ANGLE OF 08°08'07', AN ARC LENGTH OF 169.11 FEET, A CHORD LENGTH OF
168.96 FEET AND A CHORD BEARING OF SOUTH 04°14'50'WEST TO THE POINT •
OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
0.196 ACRES(8551 SQUARE FEET),MORE OR LESS.
TOGETHER WITH;(TEMPORARY DRAINAGE EASEMENT 141
A PARCEL OF LAND LYING IN SECTION 21,TOWNSHIP 22 SOUTH,RANGE 28 EAST,DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 21 FOR A POINT OF REFERENCE;THENCE,ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, RUN NORTH 89°50'17' EAST, 1632.88 FEET; •
THENCE,DEPARTING SAID SOUTH LINE,RUN NORTH 00°11'19'WEST, 1250.07
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY;
THENCE RUN NORTHEASTERLY,ALONG SAID CURVE,HAVING A RADIUS LENGTH
OF 1241.00 FEET.A CENTRAL ANGLE OF 41°43'09',AN ARC LENGTH OF 903.62 •
FEET, A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF NORTH
20°40'16' EAST TO THE POINT OF TANGENCY;THENCE RUN NORTH 41°31'50"
EAST. 591.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
NORTHWESTERLY;THENCE RUN NORTHEASTERLY.ALONG SAID CURVE.HAVING
A RADIUS LENGTH OF 1241.00 FEET,A CENTRAL ANGLE OF 39°40'42',AN ARC
LENGTH OF 859.41 FEET. A CHORD LENGTH OF 842.34 FEET AND A CHORD
BEARING OF NORTH 21°41'29' EAST; THENCE, RADIAL TO SAID CURVE, RUN
SOUTH 88°08'53'EAST.50.00 FEET TO A POINT LYING ON A CURVE CONCENTRIC
TO THE AFORESAID CURVE,SAID POINT BEING THE POINT OF BEGINNING;THENCE
RUN NORTHERLY,ALONG SAID CURVE,HAVING A RADIUS LENGTH OF 1291.00
FEET, A CENTRAL ANGLE OF 01°40'18", AN ARC LENGTH OF 37.87 FEET, A
CHORD LENGTH OF 37.66 FEET AND A CHORD BEARING OF NORTH 01°00'45'
EAST TO THE POINT OF TANGENCY;THENCE RUN NORTH 00°10'51"EAST,448.79
FEET;THENCE RUN SOUTH 89°49'09' EAST, 20.00 FEET;THENCE RUN SOUTH
00°10'51' WEST, 375.00 FEET; THENCE RUN NORTH 89°49'09' WEST, 15.00
FEET; THENCE RUN SOUTH 00°10'51' WEST, 73.80 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE WESTERLY,SAID CURVE BEING CONCENTRIC
TO THE AFORESAID CURVE; THENCE RUN SOUTHERLY, ALONG SAID CURVE,
HAVING A RADIUS LENGTH OF 1296.00 FEET.A CENTRAL ANGLE OF 01°40'17',
AN ARC LENGTH OF 37.81 FEET,A CHORD LENGTH OF 37.80 FEET AND A CHORD
BEARING OF SOUTH 01°00'59" WEST; THENCE. RADIAL TO SAID CURVE, RUN
NORTH 88°08'53"WEST,5.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
0.185 ACRES 18058 SOUARE FEET).MORE OR LESS.
SHEET 4 Or S
ROTE, THIS/S NOT A SURVEY
'PROFESS/OVAL ENG/NEER/NG CONSULTANTS,. INC.
PEC engineers
planners surveyors
suits /560 Eo/o Pork Can/r• POO Earl Robinson S/rsa/ Orlando, Fla//e• 3180/ 407/421-8061
Section 21 ; Township 22 South ; Range 28 East jf,,I 1
DATE 2-2(-9I PREP.BY W.M_ DRAWN BY M.L.M. JOB NO, OE-109 (1.11111
'.
312969 EXHIBIT "A"
•
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, _} •o ( cAn,' ,4eese,NE i4,,TAI/%., Soo.X/•.PP•.EB —
E•1241.ed /�PO 8.
�� L.ea.2'f3 5 c R/WCORRIDQR)
L.eo.tt', REV/S/ONS
C.eo.2o 1(73`
cs.Np•NI'r'E 3 6-9.90-Add e,3tmrn is
k, Q (ALP)
fid v
�/e�w .51/0.so•
-- . --
N89"30 i7'EN/tf32 BB'
—
L
(.5..e..mr0 SIVA N,BL-r.zi-rr•.eB .5R. 50
O.C.
SM.`.;
EXHIBIT "A" •
31°3'Y
LEGAL DESCRIPTION '
TEMPORARY DRAINAGE EASEMENT DETAL SHEET
i
`" R.1191.00'
R=1181.00' �_ 8=00'53'46"
0=00°53'46" _$ L=18.63'
L' 18.47' ":9: C. 18.63'
= 18.47' v CO.541°04'50/
S, C6C=N41°04'S6'E
lw---..._____.21 1
f� 3 a
o
r-
o_
3.
10 N48•28'10" `
10.00' / 3�
P.O.B. /�
/1wPoVAcr PrAIUMEI
EASEMENT t 2 // 00 CZ.
a O
v-
2
NI Q (0;
V C,-\(&
I .Q
0
thL
548°28' 10"E u,1 Y
10.00'
0
N N
79 s M3 ' .)
0
W ; Q
2 Z
fs
a_ °
Q Q
R=1301.00' . `°g••
0°03'1130" /1 R. 1291.00'
£ L3 -
0' 03.10'30"
L: 71.54'C= 71.53'
C8=539. 56' 36"W
151°38'39''W �}
10.00'
P.O.B. %8 R=1241.00'
TEMAc1arr u[AINA4E ,�s lir 38° 32'39"
.r�
EASEMENT •I / L: 834.85'
= C r 819.19'
CB= 119.05'01"E
R=1241.00'
D'41°43'09"
L" 903.62' \1pL •
C° 883.79'
CB.120°40'16"E 30
PO oN2i 22.20 N6�`_- ` SEC.21.22.28'a
`N, 01E 5w.0 . SHEET OF 8
NOTE, THIS/S NOT A SURVEY
PEC'PROFESS/ONAL ENG/NEER/NG CONSULTANTS, INC.
•ngin••ts p/ann•rs surY•rors
Saila /550 E•lo Pars Camra 200 East Robinson Slraal Or/.wdo, Florida 3150/ 407/I2t-5061 1,
Section 21 ; Township 22 South ; Range 28 Eos/ (',�
�
DATE, 2-22-91 PEP.BY: W.M. DRAWN BY: M.L.M. ,pa NO: OE•109 (I.',`'
EXHIBIT "A"
31024.
LEGAL DESCRIPTION
TEMPORARY DRAINAGE EASEMENT DETAL SHEET
_ WHITE _ ROAD_
"-N. LINE,5E.I/4,NW.I/4,5ECTION 21-2Z-28 c.. i •
— \'---5011TH R/W LINE
5 4570
7.04'
,„
sI .
1
MO
589'49'09"E 5c ALE
' 5 89'49'09"E--� 20.00' 1..= 100'
15.00' .
8' N I CUVVE DATA
p, N om A $CURVE RADIUS DELTA LENGTH CHOW BEARING
v ui I 1191.00' orator Iif9,ll' 168%' 504'4'50"W
e1 %ft M7 1291.00' 01.4418" 3761' 37.66' Noe 00'46-E
1..,-
C4-' ) o
g
z
N89.49'03"W- -'
5.00' o g
o c
s
w 3 3 II :to
- Cr- 1 W §
o v = .
c 0 1 N .
z $ 2
m
1.189°49'09"W
N00°10'51"E z 15.00'
73.80' Z-
500°10' 51"W
e._ ,. . (f. f.L. 73.80
R=1186.00' I i., K.129(.00'
A=08'08'06 " A'01°40'17"
•
L• 168.39' L
) = 37.81'
C. 168.25' �-"�. �� uC. 37.80'
C6=14040 k'53"E 1
N 88°NB8°C ' 00'
8 (R),5.00'
$$ - P.O.B,
ao c
a'o U' n /TEMPORARY DRAINAGE)
xl `EASEMENT #q /
N 88.41'041/(R),501
P.D.B•�EMPORAR/DRNNAGE /
EASEMENT #3 R•1241.00'
R=1241.00' \,`A.39°40'4Z"
A.33°12'53" —� 1
C= 719.41' 1 L. 859.41'
C= 842.34'
CB'N24°55'731
4"
//
N 3 CB'1421°411'29"E
N Z
4 ti 0xC G
R=1241.00' $ ?
&•41'43'09" M
L. 903.6Z' .r.C: 883.79' �..., "'
D.O.C. C8.N2040'I6'E .ic.
SW.CORNER 5W.1/4
SECTION 122 28 _ }H 00°a 19°w, 1250 07' SHEET 8 OF 8
N 89'50'17"E 1632.W -- %`R/W 5.R.50
'----r**----S.LIN5W U4,SEC.21.22•8 5 R.5O NOTE: THIS IS NOTA SURVEY
PEC/PRoFEss/ONAL ENG/NEER/NG CONSULTANTS, /NC.
enpineeis planners sulr9JOrs
Soils /560 Eolo Pero Conlre 200 fool Robinson Slr..! Or/on✓o, P/Ir/Io 3290/ 40 7/421-0062
''�,
Section 2/ ; Township 22 South ; Range 28 East
DATE' 2-22-91 P19EP.BY: W. M. DRAWN BY: M.L.M. ..OB NOl 0E-/09 (1.1)
•
JOINDER, CONSENT AND SUBORDINATION
TO
NON-EXCLUSIVE TEMPORARY DRAINAGE EASEMENT AGREEMENT
THE UNDERSIGNED, as the owners and holders of that cer-
tain Mortgage Deed and Security Agreement (hereinafter the
"Mortgage") , to SUNBANK, NATIONAL ASSOCIATION, dated December 18,
1987, and recorded in Official Records Book 3947, Page 1709,
assigned to Harry N. Jacobs on December 20, 1989 and recorded in
Official Records Book 4143, Page 3930 and assigned to the under-
signed on August 13, 1990, and recorded in Official Records Book
4210, Page 1661, of the Public Records of Orange County, Florida,
and as owners of that certain UCC Financing Statement, dated
December 31, 1987 and recorded in Official Records Book 3947,
Page 1738, assigned on December 20, 1989 and recorded in Official
Records Book 4143, Page 3932 and assigned to the undersigned on
August 13, 1990, and recorded in Official Records Book 4210, Page
1665, of the Public Records of Orange County, Florida (the •
"Financing Statement") , hereby subordinate the lien of the
Mortgage and the Financing Statement, join in and consent to the
foregoing "Non-Exclusive Temporary Drainage Easement Agreement"
between the City of Ocoee and Lake Lotta, Ltd. , a Florida limited
partnership.
IN WITNESS WHEREOF, the undersigned has executed this
instrument this a.2 /1.44 day of March, 1991.
Signed, sealed and delivered
in •e presence of: 4 if
i1011
/reg
% . / • / I i ^_ TAM J. GOODMAN
dr,
Ile-
ARVkirigaro
4, 114;/P/, 1 J4 INSTEIN
I�111LL
STATE OF FLORIDA •
COUNTY OF A',i;r,rrr(E
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 J. GOODMAN, well
known to me to be the person executing the same in the presence
of two subscribing witnesses, freely and voluntarily, for the
uses and purposes therein expressed.
WITNESS my hand and official seal in the County and
State last aforesaid this ll, , day of March, 1991.
Notary Public 3(
(NOTARIAL SEAL)
My commission expires:
Joanna Nu3hay
tlotar•,i Public-:Mato of Florlde
My Commission Expires:Feb.15,1995
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid, to take
acknowledgments, personally appeared JEROME D. FEINSTEIN, well
known to me to be the person executing the same in the presence
of two subscribing witnesses, freely and voluntarily, for the
uses and purposes therein expressed.
WITNESS my hand and official seal in the County and
State last aforesaid this /,,, day of March, 1991.
Notary Public`r
(NOTARIAL SEAL)
My commission expires:
,.,,.... r'etidS
hr.y C ,nr ,,.• _ Feb. I ,1535
Floppy/mh5182B(1)
01 (03/19/91)