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HomeMy WebLinkAboutItem VI (D) Approval and Authorization to Excute Drainage Easement at Auto Auction AGENDA 7-6-93 . Cee Item VI D t; 0 C.orf*©:)4"cJAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: June 22, 1993 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilities erector SUBJECT: Drainage Easement at Auto Auction As part of the development of property owned by the Florida Auto Auction, it was necessary to relocate a major drainage ditch. The relocation has been completed by the Auto Auction, and they have applied for a vacation of the easement within which the original ditch lay. This vacation petition was being held by staff until the Auto Auction provided an easement over the relocated ditch. Attached for your review is a copy of this new easement. Upon acceptance of the new easement by the City Commission, staff will complete processing of the vacation application. This application will then be brought to the City Commission for action. It is anticipated that no objections will be raised to the proposed vacation. I recommend that the City Commission accept the attached Drainage Easement and authorize the Mayor and City Clerk to execute it in the name of the city. JWS/jbw Attachment THE PRIDE OF WEST ORANGE Prepared by and return to: DAVID P.BARKER,Esq. FOLEY&LARDNER 111 North Orange Avenue,Suite 1800 P.O.Box 2193 Orlando,Florida 32802-2193 (407)423-7656 DRAINAGE EASEMENT THIS DRAINAGE EASEMENT, made this day of 1993 by and between Florida Auto Auction of Orlando, Inc. a Delaware corporation, whose address is 600 West State Road 50, Ocoee, Florida 34761, 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 Grantee: (Whenever used herein,the terms"Grantor"and"Grantee"include all the parties to this instrument and their respective heirs, legal representatives, and assigns, if individuals,and the successors and assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public bodies). WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations in hand paid to the Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, said Grantor does hereby grant, bargain, sell, convey and warrant to the Grantee, a nonexclusive drainage easement over, through and under that certain piece, parcel or tract of real estate situated in the County of Orange, State of Florida, more particularly described as: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE (the "Easement Property") The easement granted hereby is for the purpose of the Grantee, or its agents, employees or contractors, to enter over, on, through or under the Facement Property for the purpose of maintaining and utilizing a seventy-foot(70')wide drainage easement which contains an open ditch, together with the rights, easements, privileges and appurtenances in or to said land which may be required for the full enjoyment of the rights herein granted. The easement, rights and privileges granted herein shall be perpetual, until mutually vacated by the parties hereto. The Easement Property shall be maintained by Grantee at its sole cost and expense. The Grantor hereby reserves unto itself the right to utilize the Easement Property for drainage from property owned by Grantor which is adjacent to the Easement Property. The Grantor hereby covenants with the Grantee that he is lawfully seized of said land in fee simple; that he has good right and lawful authority to sell and convey the said easement, and that the real property described above is free of all liens, mortgages and encumbrances of every kind except for real property taxes not delinquent. IN WITNESS WHEREOF the Grantor has hereunto set his hand and seal the day and year above written. GRANTOR: WITNESSES: Florida Auto Auction of Orlando, Inc., a Delaware corporation Printrtypo Name. Evelyn J. Hatton Dr �jJ � By: /` L / 2- • `tee% —K-- l Prim/Type Name: 7 6 ya 1' E. ec -7..✓ PnoU ype Name' Barbara J. McGinnis Title: /L9 / 2 /4 J4444.4`V Date: 7 2 c /47-3 (CORPORATE SEAL) GRANTEE: CITY OF OCOEE, a Florida municipal corporation By: S. SCOTT VANDERGRIFT,Mayor Name: Attest: JEAN GRAFTON, City Clerk Name: (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 MEETIN DAY OF , 1 HELD ON , 199Y UNDER AGENDA ITEM NO._. FOLEY & LARDNER By: City Attorney STATE OF GEORGIA COUNTY OF DEKALB I HEREBY certify that on this day, before me, an officer duly authorized to take acknowledgements, rsonally appeared i?6e.a1 E. �r�2 '� to me known to be the lAcg--�,,ta 7.r�+� .�� -o. of Florida Auto Auction of Orlando,Inc.,a Delaware corporation, and that he acknowledged executing the same on behalf of such corporation, freely and voluntarily, under authority duly vested in him by said corporation, and that the seal affixed hereto is the true corporate seal of said corporation, and who a] is personally known to me, or L_] produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this 25th day of May , 1993. _4/ dVi'; , NOTARY PUBLIC prinimpoN,mc; Heather S. Be11vi11e eammiuice Number(J not co amp: (NOTARIAL SEAL) My eommiuice aspire+: Notary Puolic,Gwinnett County.Georgia My Commission Expires March 9.1943 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 S. SCOTT VANDERGRIFT and JEAN GRAFTON, well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, who are personally known to be, 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 , 1993. Notary Public Name: (NOTARIAL SEAL) My Commission Expires: Section /9 , Township 2 , Range 28 -�m�_ u 111= 2001 s LEGEND, Po.C. r Point of Commencement ..5700°11%/?: 833.7?' a3 P.O.B. ■ Point of Beginning \\\\\.\\\\\\\\\N �� SEC. = Seetlon � s. Aloo'lle'/P7.ft 7o2 95' % COR. : Corner \ \ ta \` ah\ Replacement 70' Drainage Easement \ N From the Northwest corner of the Northeast one-quarter \ of the Southwest one-quarter of Section 19, Township 22 South, Range 28 East, Orange County, Florida; traverse \ North 88'12'27" East, along the North line of said Northeast one-quarter of the Southwest one-quarter and \\ the centerline of Story Road, 198.00 feet; thence \\\N South 00'19'22" East, 522.46 feet; thence North 88'13'29" East, 25.07 feet to the POINT OF \ BEGINNING; thence continuing North 88"13'29" East, 1,397.06 feet; thence South 00'44'11" East, 833.79 feet; thence South 88'54'12" West, 70.00 feet; thence \ North 00'44' 11" West, 762.95 feet; thence South 88'13'29" West, 1,327.55 feet; thence \ North 00'19'22" West, 70.02 feet to the POINT OF BEGINNING. Containing 3.472 acres m.o.l. \ I k i' H \ a 't h' h �. %\° o S. tl IP kIS 4�\ 11).. Ra ho NI,4./e"7, SW Y, sec. /9-22.28 Schedule A I hereby certify that, to the best of my S.(-TChiOFOESe.e/.vJ'/o4/ knowledge and belief, the sketch /QE.o76ICe-,sec t/T'EASE.IlE.I/r represented hereon meets the requirements "PLAN PREPARED BY I tem) 447-462L of Chapter 21 hh-6, Florida .Administrative DeYOUNG ENGINEERS, Inc. Cod¢ ,�� ENGINEERS - SURVEYORS (C _ 802 North Belcher Rood,Clearwater,Florida 34625 CURTIS J. D-/ OU i - , DESIGNED PRA' 592 DATE' /f9AY22,/99Z Registered Land • eyor. DRAWN Mc/O 5-9Z SCALE /'',.-,2Cb' Florida Number 2573' APPROVED &9-. 4797- DwG.NO.' X009/-o/5A