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Item III (C) Approval and Authorization for Mayor and City Clerk to execute Release of Easement for Twin Lake Forest Subdivision
AGENDA 3-1-94 • • Item III C fey * o C. © O sr�,oF eooa`�i` JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: February 24, 1994 TO: The Honorable Mayor and : 'and of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utihti.< Director SUBJECT: Release of Easement In May of 1988, an ingress/egress easement was granted by Residential Communities of America to the City of Ocoee for access to a retention pond located south of Twin Lake Forest subdivision. When the Twin Lake Woods subdivision was platted in September of 1993, an easement was shown on that plat which provided access to the same pond area as had the original easement. We have been asked by Mr. Barry Goodman to release the original easement since it is no longer required by the city for pond access. The Public Works department has confirmed that the new easement provides adequate access to the pond, and that the original easement is no longer required. The attached Release of Easement has been reviewed by the City Attorney and approved as to form and legality. I recommend that the City Commission authorize the Mayor and City Clerk to execute this Release of Easement. 011, THE PRIDE OF WEST ORANGE „ ,,,( 02/25/94 12:46 e407 648 1743 FOLEY & LARDNER 12002/003 124 P02 FEB 24 '94 11:41 • This brstrumeni should i retunwd to: Srevm W.ZELrownz Esa. FOLEY&LAM MR` 211 N. orange AMMO', Slate MOO Peg Office Box 2193 Orlando, FL 32802-2193 RELEASE OF EASEMENT WHEREAS, by instrument dated May 3, 1988. subsequently recorded on rune 9, 1988 in O.R. Book 3988, Page 1320, of the Public Records of Orange County, Florida (the "Easement"), RESIDENTIAL COMMUNITIES OF AMERICA, a Florida general partnership, did grant and convey unto the CITY OF OCOEE FLORIDA , a municipal corporation duly created and existing under and by virtue of the laws of the State of Florida., an ingress and egress easement over, upon and across the following described lands in Orange County, Florida. to wit: • A portion of Section B, Township 22 South, Range 28 East, Orange County, Florida more particularly described as follows: Begin at the Northeast corner of Lot 21, Twin Lake Forest as recorded in Plat Book 10. Page 96 of the Public Records of Orange County, Florida; thence run S 00'44'43" E along the Fast line of said Twin Lake Forest for a distance of 461.14 feet to the Southeast corner of said Twin Lake forest; thence continue S 00°44'43" E for a disumce of 14.85 feet; thence run N 31°24'25" E for a distance of 46.98 feet; thence run N 00°44'43" W parallel with and 25.00 feet East of (when measured at right angles) the East line of said Twin Lake Forest for a distance of 436.80 feet to the South right-of-way line of Nicole Boulevard; thence run S 87455'08" W along the South right-of-way line of Meek Boulevard for a distance of 25.01 feet to the Point of Beginning, and WHEREAS, the Easement provided Residential Communities of America with the right to relocate the ingress and egress easement at any time and in its sole discretion to any other location; and WHEREAS, the ingress and egress easement was relocated by an easement dedicated to the City of Ocoee in the Twin Lake Woods subdivision plat and recorded in Plat Book 31, Pages 118 and 119, of the Public Records of Orange County, Florida; and WHEREAS, as the ingress and egress easement has been relocated, the CITY OF OCOEE FLORIDA, a Florida municipal corporation, has been requested to release the above described ingress and egress easement, and the CITY OF OCOEE FLORIDA, a municipal corporation, is willing to release said easement; 02/25/94 12:46 e407 648 1743 FOLEY & LARDNER lit D03/003 aa�• rw r ca cti a4 11.-..i, NOW"THEREFORE, WITNESSETH, the CITY OF OCOEE FLORIDA, a Florida municipal corporation, for and in consideration of the sum of One Dollar (51,00) and other valuable considerations, receipt of which is hereby acknowledged, has released and discharged and by these presents does release and discharge all of the right, title, interest, claim and demand which said CITY OF OCOEE FLORIDA, a Florida municipal corporation, has under and by virtue of the above described ingress and egress easement. IN WITNESS WHEREOF, said CITY OF OCOEE FLORIDA, a Florida municipal corporation. has caused this Release of Easement to be signed in its corporate name by its proper executive officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _ day of , 1994. APPROVED: ATTEST_ CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM ANIS LEGALITY . HELD ON , 1994 this day of , 1994 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 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 VANDERGRIFF and JEAN GRAFI'ON, personally 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 freely and voluntarily under authority duly vested in diem by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of _-, 1994. Notary Public This instroreene prepared by: Name: BnRRY s. Gnotosim My Commission Expires: $90 State Road 434 Noah Aherne=Springs,IL 32714 3