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HomeMy WebLinkAboutItem III (G) - Approval and Authorization to Execute Non-Exclusive Radial Easement Agreement / Champion Broadcasting / Clark Road Parcel No 122 AGENDA 4-16-91 Item III G 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: The Honorable and City Commissioners of the City of Ocoee, Florida FROM: Brian T. Lower, Esq. , Assistant City Attorne aV---- DATE: April 11 , 1991 RE: Non-Exclusive Perpetual Radial Easement Agreement/ Champion Broadcasting/Clark Road Parcel No. 122 Enclosed please find a Non-Exclusive Perpetual Radial Ease- ment Agreement in connection with the Clark Road project. The Developer ' s Agreement with Champion Broadcasting of Florida, Inc. provides that the City will grant Champion Broadcasting an Easement under the Clark Road right-of-way to lay copper radial lines necessary for their radio transmission facilities . This Easement Agreement will have the consent of Orange County attached as an Exhibit. The Easement Agreement provides that Champion Broadcasting will install the copper radials at its sole cost and expense and that installation shall occur during the course of construction of the paved roadway for Clark Road. We respectfully recommend that the Honorable Mayor and City Commission approve the Non-Exclusive Perpetual Radial Ease- ment Agreement in favor of Champion Broadcasting of Florida, Inc. /jh Enclosure cc: Mr. James Shira, City Engineer Paul E. Rosenthal, Esq. , City Attorney NON-EXCLUSIVE PERPETUAL RADIAL EASEMENT AGREEMENT THIS NON-EXCLUSIVE PERPETUAL RADIAL EASEMENT AGREEMENT (this "Easement Agreement") is made and entered into this �( day of /VA , 1991, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor") , and CHAMPION BROADCASTING OF FLORIDA, INC. , a Delaware corporation, whose mailing address is 160 North Washington Street, Boston, Massachusetts 02114 (hereinafter referred to as the "Grantee") . WITNESSET H: WHEREAS, Grantor is currently designing and intends to construct a paved four-lane roadway to be known as "Clark Road" running from State Road 50 north to A.D. Mims Road (hereinafter "Clark Road") ; and WHEREAS, in connection with the design and construction of Clark Road the Grantee has of even date herewith conveyed to Grantor certain real property located in Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Right-of-Way Property") ; • and WHEREAS, Grantee is the owner of that certain real property located in Orange County, Florida, which is contiguous to the Right-of-Way Property, as more particularly described in Exhibit "B" attached hereto and incorporated herein by reference (the "Champion Property") ; and * * * * * * * * * * * * * * * * * * * * * * THIS INSTRUMENT PREPARED BY PARCEL NO. 122 AND SHOULD BE RETURNED TO: Brian T. Lower, Esquire FOLEY & LARDNER 111 N. Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 WHEREAS, the Champion Property is contiguous to and has legal access from an existing dirt road known as Clark Road which is located between White Road and Silver Star Road and maintained by Orange County ("the Dirt Road") ; and WHEREAS, the paved and widened Clark Road to be constructed by the City will overlap and improve the Dirt Road; and WHEREAS, the Grantee currently has certain copper radials located within the Right-of-Way Property and the Dirt Road; and WHEREAS, in consideration for the conveyance of the Right-of-Way Property to the City, the Grantee has requested a certain non-exclusive perpetual radial easement over, across and under a portion of the Right-of-Way Property and the Dirt Road, as more particularly described in Exhibit "C" attached hereto and incorporated herein by reference (the "Easement Property") ; and WHEREAS, Grantor has agreed to convey to Grantee said radial easement, subject to the terms and conditions 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 Agreement and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a Non-Exclusive Perpetual Radial Easement over, across and under the Easement Property for the purposes hereinafter stated (the "Easement") , all subject to the terms, conditions and limitations set forth herein. Section 3. Grantor represents that it has fee title to the Easement Property, subject to easements, reservations, - 2 - restrictions and rights-of-way of record, if any, and further subject to the rights of Orange County, Florida ("the County") in and to the Dirt Road. Section 4. Grantee's use of the Easement Property shall be for the exclusive purpose of Grantee, through itself, its agents, contractors, consultants and employees installing, main- taining and repair within the Easement Property copper radials or other equivalent wiring necessary for the operation of a radio broadcasting tower located on the Champion Land. Section 5. Grantor agrees to design Clark Road so as to accommodate the Easement granted herein. Section 6. Grantee agrees that the installation of the copper radials or other equivalent wiring shall be undertaken by Grantee at its sole cost and expense and that such installation shall only occur during the course of construction of the paved roadway to be located within the Easement Property. Grantor and Grantee shall coordinate their respective construction schedules to allow for the installation of the copper radials in a timely manner. The design, installation and maintenance of the copper radials shall be the sole responsibility of Grantee. Section 7. Subsequent to the installation of the copper radials within the Easement Property, the Grantee shall have the right, at its sole cost and expense, to maintain, repair, remove and replace said copper radials; provided, however, that the Grantee shall be responsible, at its sole cost and expense, for repairing any damage done to Clark Road and improvements located therein in connection with any such maintenance, repair, removal or replacement. Any such maintenance, repair, removal or replace- ment shall be coordinated and scheduled with the Grantor in order to minimize traffic disruption and damage to Clark Road. It is agreed that neither Grantor nor the County shall be liable for any damage caused to the copper radials. Section 8. 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. - 3 - Grantee acknowledges that the Easement is subject to and subordi- nate to the use of the Easement Property as a paved road right-of- way and all uses related thereto. 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 9. This Easement shall terminate automatically in the event there shall cease to be a radio broadcasting tower located upon the Champion Land for a period of one year. Section 10. The Grantee hereby agrees to indemnify and hold harmless the Grantor and the County from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation, attor- neys' fees and paralegals fees (whether incurred before, during or after trial, or upon any appellate level) arising from Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. Section 11. 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, the Right-of-Way Property and the Champion Land. Section 12. 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. Section 13. The Grantor has requested that the County execute a Joinder and Consent to this Easement to the extent of its interest, if any, in the Dirt Road and and the Easement Property. In order to induce the County to execute said Joinder and Consent prior to the paving of Clark Road and acceptance thereof by Grantor for maintenance, the Grantor agrees that if for any reason whatsoever Clark Road is not paved or if maintenance thereof is not accepted by the Grantor, then the Grantor shall be responsible for any costs which may be incurred by the County for - 4 - the relocation of the copper radials due to conflict with public or private utilities located or to be located within Clark Road. 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 GRANTOR: in the presence of: 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 Arrp LEGALITY THIS WI. COMMISSION AT A MEETING DAY OF 1-{ f_; ( , 1991: HELD ON , 1991 7 UNDER AGENDA ITEM NO. • FOLEY & LARDNER By; }/_j 1r A'7",-"f Ci y Attorney GRANTEE: CHAMPION BROADCASTING OF FLORIDA, INC., a Delaware corpo ti n BY: I \�' .L'b`CC,I S .""" 1#1 VG 1 As its: \ re5\c\ -- - (CORPORTaE SEAL) STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, nn officer duly authorized in the State and County aforesaid to take acknowl- edgments, 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 foregoing instrument 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 Pfibl is (NOTARIAL SEAL) My commission expires: �\ - 5 - STATE OF iy,Aer. COUNTY OF j'ap ...t.A. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afore- said, to take acknowledgments, personally appeared flQ--,ny z' as the President of CHAMPION BROADCASTING OF FLORIDA, INC. , a Delaware corporation, and that he acknowledged executing the foregoing instrument in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation. WITNESS my hand and official seal in the County and State last aforesaid this #44 day of '1a.ti4_ , 1991. Notary PCiblic (NGTAIAL SEAL) My commission expires: //-16 FLOPPY"/5132VV(4) 01 (02/U3/9l) - 6 - JOINDER AND CONSENT BY ORANGE COUNTY, FLORIDA TO NON-EXCLUSIVE RADIAL EASEMENT AGREEMENT ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida ("the County") , hereby joins in and consents to the foregoing easement to the extent of its interest, if any, in the Dirt Road and the Easement Property; provided, however, that this Joinder and Consent shall not be construed to impose upon the County any obligations or liabilities under the terms of the foregoing easement. IN WITNESS WHEREOF, the undersigned has set its hand and seal on behalf of the County and as its true act and deed this day of , 1991. Signed, sealed and delivered COUNTY in the presence of: BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA By: Linda W. Chapin, Chairman Board of County Commissioners ATTEST: MARTHA O. HAYNIE, Clerk to the Orange County Commission By: FOR THE USE AND RELIANCE OF Deputy Clerk ORANGE COUNTY ONLY. APPROVED AS TO FORM. , 1991 Assistant County Attorney STATE OF FLORIDA COUNTY OF ORANGE SWORN TO and subscribed freely and voluntarily for the purposes therein expressed before me by LINDA W. CHAPIN, Chairman of the Board of County Commissioners, known to me to the person described in and who executed the foregoing, this day of , 1991. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1991. Notary Public (NOTARIAL SEAL) My commission expires: FLOPPY/5182VV(5) 01 (02/08/91) - 6 - EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY A STRIP OF LAND BEING A PORTION OP THE SOUTHEAST QUARTER OP THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE; THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, 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 or 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 902.62 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 OP CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59", AN ARC LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.70 FEET AND A CHORD BEARING OF NORTH 20'51'20" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 2260.15 FEET TO THE POINT OF BEGINNING; THENCE, RUN NORTH 89'49'09" WEST, 50.00 FEET: THENCE RUN NORTH 00'10'51" EAST, 1025.29 FEET TO A POINT LYING ON THE NORTH LINE OF THE AFORESAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16: THENCE RUN NORTH 69'43'17" EAST, ALONG SAID NORTH LINE, 50.00 FEET TO A POINT LYING ON THE EAST LINE OP THE AFORESAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16: THENCE RUN SOUTH 00'10'51" WEST, ALONG SAID EAST LINE, 1025.69 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS 1.177 ACRES (51276 SQ. FT.) , MORE OR LESS. • Page 1 of 2 n.r. /i EXHIBIT "A" (Cont'd) 10 LEGAL DESCRIPTION PARCEL No. /22 , i N LINE OF SE I/4 OF SW.1/4 OF N /SECTION IC. ZZ-Zb �• I Z00 NBy•4J'/7 E t e..l5.A!• JO . ''1 O TEMft7RARY CONJTRI.C7 'd I M EASEMENT o 2 3 • • NI r t(4.34 Z c 5 h �.9 • ab W b. 0 ~ J W I O W s tN W V .. tv., g 8 • I 2 % . I ,�,�i!/W TAK/NG !1004 ,.aa.(4'wT4rmd) / Mit<Pc ) I ' i , • .. i 0Q A•/t4/.Q7' R•/24/.q7' 6.4/•43.03' 4.41.20'55' 8 L•30361' h.$35.6/' C-JU?3' C•S76.X' © T CaaNZb•4b'/6'E CO.N117.5/'21D'E e N4/•!i'Jn'!•»/.02' AOC.'. . ,Z1KGlt."N --Newly 15'w•450.01' JIt.t/•ZtA4 ,N.Np., 'is! •NJIt.N' SCALE I"'207' AOTT: MIS IS NOTA SuRY£Y PEG I /PorzssIoMAL ENB/NEER%NB CONSULTANTS, INC. 'Humeri' Jerl tnu /100 Ny.r Poe* Iter. 1001.,' R.1,..•• Sir..' eeriest*, "'wide 11001 407/411•f011 Section /6 ; Township 22 South ; Range 28 Eost OAT- Jvne 2 7. /5910 [PNEP Or W Al 1 OAAMw iY' R.T [.08 MO` 0E-/0.1 (t.i) Page 2 of 2 EXHIBIT "B" Fres the Northeast earner of the Southeast 1/4 of the Southwest 1/4 of Section 14, Township 23 South, Range 21 last, Orange County, Florida, run S 11.11'51' M 30.00 feet along the North line of said Southeast 1/4 of the Southwest 1/4 of Section 14 to the Point of Seglnninq, thence run S 00.01'20' M 1025.00 feet along the Meet Right of May line of Clark Road and parallel with the east line of said Southwest 1/4; thence run N 15.54'40• M 320.05 feet, thence run N 12.34'04• M 155.51 feet; thence run N 01'14'07• M 110.00 feet, thence run N 11.45'57' ! 455.00 feet along the North line of said Southeast 1/4 of Section 11 to the Point of Beginning , containing 12.100 acres more or less. 312969 EXHIBIT "C" LEGAL DESCRIPTION SHEET I OF 2 PARCEL No. 122 LEGAL DESCRIPTION RADIAL EASEMENT A STRIP OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP.22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE; THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, 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 TIIE 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 41°20'59", AN ARC LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND A CHORD BEARING OF NORTH 20°51'20" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00°10'51" EAST, 2335.14 FEET; THENCE RUN NORTH 89.49'09" WEST, 11.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°49'09" WEST, 39.00 FEET; THENCE RUN NORTH 00.10'51' EAST, 237.31 FEET; THENCE RUN SOUTH 89°49'09" EAST, 39.00 FEET; THENCE RUN SOUTH 00'10'51" WEST, 237.31 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS 0.212 ACRES (9256 SQUARE FEET), MORE OR LESS. SURVEYOR'S NOTES: (1) REPRODUCTIONS OF THE SKETCH ARE NOT VALID UNLESS SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. (2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM. • (3) BEARINGS SHOWN HEREON ARE RELATIVE TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AS BEING NORTH 89°50'17" EAST. (4) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE CLIENTS REQUEST. (5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS. CERTIFICATION WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. WE FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE 21HH-6 (FAC) ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO THE FLORIDA STATUTES 472.027, SUBJECT TO TH QUALIFICATIONS NOTED HEREON. — Lit I/lu Lit4 /�1,1 DAVID A. WHITSWL.S. 0. 4044 SCALE: NOTE: THIS/S NOT A SURVEY PEC'PROFESS/ONAL ENGINEERING CONSULTANTS, INC. enyinsers planners surVIJOIS Suite /560 Major Pork Plaza 200 Eos/ Robinson Slroo/ Orlando, Florida 3260/ 407/422-8062 Sect ion IQ, ; Township 22 South; Range 28 East DATE 1.1UNE 27, 1990 PREP BY: W.M. DRAWN BY: M•LM. Joe NO: oe-109 C1.1) 717969 LEGAL DESCRIPTION SHEET 2. OF 2 PARCEL No. /22 i\ . N.LINE OF Sr.. I/4 OF.SW.1/4 OF N SECTION IG-22-28 , ' 89°43'/7 4 / 635.06' ' . --Z .50.00' I: Z00 t0.00' r `.h O TEMPORARY CONSTRLC770N 7'n EASEMENT O "1 v °fI •d 1 1 7. N N H L- _ 9 :r tv o Z ....1::^ 8 F.P.C. ESM'7 1 z F- • t^ - OR.2774 x.1310 I][ 'J la, CI u.i�n (•• a �. t%� .., 50' F.P.C. ESM'T OR.3699 `tr Po. 359 -t, 589.49'03"E 3 T 39.00' h t, (..T. o 0' r• 7'1- ° 0 S' f53 `^‘ N 89.49'/'9'W,t1.00' }' I 148.49'09"W r1 39.00 t000'� I I P0.8.(RAP/AL EASEMENr) h L N29'49'0.9"N/255.00'�' In N C'/ I 1 isN R°/24100' R-/24/.00' ° /.4/°43'05" )6-41.20'.59" 4'90362' L-895.6/' C-883.73' •876.30' JPS • C8=N20°40'/6"E C8-N20 S/'20"E -'N 4/°9/'50'2--5.9/22' O fa-. PQC.a N00•ll'/9-W-/250.07' SEC.2/-2228 NM'?O'/7 E -/632.29' LINE SW.I/4/ZI.22•f8 SCALE: /"'200' MOTE: TN/S/S NOT A SURVEY EC/PROFESS/ONAL ENG/NEER/NG CONSULTANTS, /NC. engineers planners surveyors Su//e /560 Major Pork Plaza 000 Eo,/ Robineon Slreel Or/endo, F/er/do 5280/ 407/422-6062 Section /6 ; Township 22 South ; Range 28 East DATE June 27, /990 .WEP.BY, W.M. DRAWN BY R.T. .AOB NO, 06-10.9 (1.1)