HomeMy WebLinkAboutItem III (C) Approval and Authorization for Mayor and City Clerk to Execute Non-Exclusive Easement Agreement with Chris B and Sheri L Bode for Improvement over portions of Reba Avenue AGENDA 9-6-94
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III C
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467/'"jw cfp° CITY OF OCOEE RUsrH ON
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150 N.LAKESHORE DRIVE PAUL W.FOSTER
OCOEE FLORIDA 34761-2258 VERNCOMBS
(407)656-2322 JIM GLEASON
�f G00�s` CITY MANAGER
ELLIS SHAPIRO
SRP-449
STAFF REPORT
•
DATE: September 1 , 1994
TO: The Honorable Mayor and Board of City Commissioners
FROM: Julian R . Harper , Zoning Coordinator
THRU: Russell B . Wagner, Director of Planning /
SUBJ: EASEMENT AGREEMENT WITH CHRIS B. AND SHERI L. BODE
COVERING A PORTION OF REBA AVENUE
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve
the attached Easement Agreement by and between the City of Ocoee
and Chris B . and Sheri L . Bode (see the attached Foley & Lardner
Memo of August 24 , 1994)?
BACKGROUND:
Mr . and Mrs . Bode have a sales contract on their home located at
410 Apricot Drive (see attached Site Location Map) . Unfortunately ,
a garage addition was permitted in April 1992 ( reference permit no .
92-04-086) which allowed a 3 ' structural and a 9 ' driveway-
encroachment upon the eastern portion of the highlighted Reba
Avenue right-of-way. The building permit issuance was based upon
a "professionally prepared" site plan which did not accurately
portray the proposed garage addition in relationship to the western
property line and Reba Avenue right-of-way. The resulting
encroachments were not revealed until the prospective buyer
recently commissioned a boundary survey as a precedent to closing
on the house and property . Thus , the revealed encroachments are
impeding the prospective closing.
DISCUSSION:
The cited Reba Avenue right-of-way is presently being used by the
City of Ocoee as a stormwater collection basin and has two drainage
structures located upon it . The functioning of the cited basin
would not be impaired so long as the City retains a maintenance and
access easement over the cited right-of-way . A public hearing will
be held on September 20 to consider a formal Resolution of Vacation
for this portion of right-of-way to finalize the implementation of
the Agreement .
STAFF RECOMMENDATION :
Staff respectfully recommends that the Honorable Mayor and Board of
City Commissioners approve the attached Easement Agreement by and
between the City of Ocoee and Chris B. and Sheri L . Bode .
JRH/RBW/emk
Attachments 6
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Steven W. Zelkowitz, Esq.
FOLEY &LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
For Recording Purposes Only
NON-EXCLUSIVE EASEMENT AGREEMENT
THIS NON-EXCLUSIVE EASEMENT AGREEMENT (this "Agreement"),
made and entered into as of the 6th day of September, 1994, by and between the CITY OF
OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore
Drive, Ocoee, Florida 34761 (the "Grantor"), and CHRIS B. BODE and SHERI L. BODE,
his wife, whose mailing address is 410 Apricot Drive, Ocoee, Florida 34761 (collectively, the
"Grantee").
WITNESSETH:
1. Grant of Easement. Subject to the terms and conditions hereinafter set
forth, 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 placement and location of portions of an existing garage, concrete
driveway, utility shed, and wood fence (collectively the "Improvements") over, upon and across
those portions of the Reba Avenue right-of-way, situated within the corporate limits of the City
of Ocoee, County of Orange, in the State of Florida, and more particularly described on Exhibit
"A" attached hereto and by this reference made a part hereof (the "Property").
2. Acknowledgement of Nonconforming Structure. Grantor does hereby
acknowledge that the encroachment of the existing Improvements of Grantee into the Property
is a nonconforming structure which may be continued pursuant and subject to the provisions of
Section 5-10 of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida. Grantor
further aclmowledges that the Improvements located on the Property may be remodeled,
repaired, improved and altered so long as such activity does not increase the encroachment of
the improvements on the Property.
3. Grantee's Right to Use the Property. The Grantor and its assigns shall
continue to have the reasonable right of ingress and egress over, upon and across those
unimproved portions of the Property for the purpose of constructing, operating, repairing and
maintaining public utilities including, but not limited to, an existing stormwater retention pond
and related stormwater drainage facilities and equipment.
4. Termination of Non-Exclusive Easement Agreement. This Agreement
shall automatically terminate at such time as any portion of the Improvements located on the
Property is (i) relocated, (ii) demolished, (iii) damaged to such an extent that the costs of repair
would exceed fifty percent (50%) of the total value of that portion of the Improvements, or
(iv) is damaged such that it cannot be repaired or reconstructed under the then applicable
provisions of the Code of Ordinances of the City of Ocoee.
5. Indemnification. Grantee hereby agrees to defend, indemnify and hold
the Grantor harmless against any and all losses, claims, damages, liabilities, costs, and expenses
2
including, but not limited to reasonable attorneys' and paralegals' fees, whether or not judicial
proceedings are involved, and reasonable attorneys' fees and paralegals' fees on appeal incurred
by the Grantor which arises out of or are in any way connected with (i) the acts or omissions
of Grantee or any of Grantee's agents, contractors, employees, guests or invitees, and/or(ii) any
claim asserted against Grantor or any costs, expenses or liabilities incurred by Grantor in
connection with this Agreement and/or Grantee's use of the Property.
6. Disclaimer by Grantor. Grantor does not by virtue of this Agreement
warrant or represent to Grantee that the encroachment of Grantee's Improvements onto the
Property complies with applicable county, state and/or federal rules, regulations, ordinances or
statutes. Grantee does hereby acknowledge that the Property is public right-of-way and that
Grantor does not represent or warrant that it has fee simple title to the Property or that the
Property is free and clear of all encumbrances.
7. Non-Waiver. Nothing contained herein shall be construed as a special
exception or as a variance or waiver from any applicable provision of the Code of Ordinances
of the City of Ocoee or the laws of the State of Florida.
8. Binding Effect. This Agreement shall be binding upon and 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 Property.
9. Modification or Amendment. This Agreement may not be modified or
amended, or any term or provision hereof waived or discharged except in writing, in recordable
form, signed by the parties hereto or their respective successors and assigns. Any such
3
modification or amendment shall not become effective until recorded in the Public Records of
Orange County, Florida.
10. Recording. The parties acknowledge and agree that the Grantor shall
record this Agreement in the Public Records of Orange County, Florida, and the Grantee agrees
to pay all costs associated therewith.
11. Governing Law. This Agreement shall be construed and enforced in
accordance with, and governed by, the laws of the State of Florida.
12. Headings. The headings of this Agreement are for reference only and
shall not limit or otherwise affect the meaning thereof.
13. Entire Agreement. This Agreement embodies and constitutes the entire
understandings of the parties with respect to the subject matter hereof and all prior or
contemporaneous agreements, understandings, representations and statements, oral or written,
are merged into this Agreement.
4
IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents
to be signed as of the day and year first above written.
WITNESSES: GRANTOR:
CITY OF OCOEE,
a Florida municipal corporation
By:
Name: S. Scott Vandergrift, Mayor
Name: Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMNIISSION AT A MEETING HELD
APPROVED AS TO FORM AND LEGALITY ON , 1994 UNDER
this day of , 1994. AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
WITNESSES: GRANTEE:
(SEAL)
Name: CHRIS B. BODE
Name:
(SEAL)
Name: SHERI L. BODE
Name:
5
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, Mayor and City Clerk of CITY OF OCOEE, a
Florida municipal corporation, and who [ ] are personally known to me or [ ] produced
as identification,and that they acknowledged executing the same
on behalf of said municipal corporation 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 , 1994.
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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 CHRIS B.
BODE, who [ ]is personally known to me or[ J produced
as identification, and that he acknowledged 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 , 1994.
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
6
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 SHERI L.
BODE, who [ J is personally known to me or[_]produced
as identification, and that she acknowledged executing the same in the presence of two
subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed.
WTINESS my hand and official seal in the County and State last aforesaid this
day of , 1994.
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
7
EXHIBIT "A"
Legal Description
Certain real property located in Orange County, Florida more particularly
described as follows:
A:INONEXCLU.AGMISn4/941000EE EASEMENT(D1 C)ISWZ:d9
8
I
LEGAL DESCRIPTION
That part of Reba Avenue lying west of Lot 12. Block G and east of Lot 7. Block H per
OCOEE HILLS as recorded in Plot Book X. Page 106 of the Public Records of Orange
County. Florida more particularly described as follows:
Beginning at the southwest corner of said Lot 12, Block G; thence S90'00'00"W a
distance of 60.00 feet to the southeast corner of said Lot 7, Block H and the beginning
of a curve concave to the southwest, having a radius of 202.31 feet. a central
angle of 32'56'15" and a chord of 114.71 feet that bears N16'28'11"W, run
northwesterly 116.30 feet along the arc of said curve also being the easterly line of
said Lot 7. Block H and the westerly right of way line of said Reba Avenue to the
northeast corner of said Lot 7, Block H; thence N90'00'00'1 a distance of 68.33 feet
to the northwest corner of said Lot 12. Block G and the beginning of a curve concave
southwesterly, having a radius of 262.31 feet, a central angle of 24'47'39" and a
chord of 112.63 feet that bears S12'24'09"E, run southerly 113.51 feet along the arc
of said curve also being the westerly line of said Lot 12. Block G and the easterly
right of way line of said Reba Avenue to the Point of Beginning.
Containing 0.16 acres more or less.
. N
6 1
NORTHEAST CORNER NORTHWEST CORNER OF
OF LOT 7, BLOCK HN 90'00'00"E LOT 12, BLOCK G
N90'00'00"E 60.83' 68.33' N90'00'00"E 105.59'
6' UTILITY EASEMENT 6' UTILITY EASEMENT PER PLAT
PER PLAT
WESTERLY RIGHT
BLOCK H OF WAY LINE L=113.51'
ID LOT 7 REBA R=262.31' g
o
d EASTERLY UNE OF LOT 7 AVENUE =24"47'39
8 W L=116.30' CHORD=112.63' 3
S R=202.31' CB=512'24 09 E o 11
a " 60' RIGHT OF WAY o
A=32'56 15 PER PLAT LOT 12 0
Z CHORD=1114.71' 0
CB=N1 6'28'11"W EASTERLY
LINE RICHT
BLOCK G
WAWESTERLY UNE OF LOT 12
590'00'00"W 93.35' c K610' 90'00'00"W 81 40'
SOUTHEAST CORNER S90 00,00"W NORTH RIGHT OF WAY LINE
OF LOT 7. BLOCK H
APRICOT DRIVE POINT BEGINNING
SOUTHWEST CORNER OF
50' RIGHT OF WAY LOT 12, BLOCK G
NORTH IS BASED ON THE NORTH RIGHT OF WAY LINE OF APRICOT DRIVE PER OCOEE HILLS AS RECORDED IN PLAT BOOK X, PAGE 106
OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING 590'00'00"W.
This is to certify that the legal description on this map was prepared under my direction on the
dote shown based on the information furnished to me as noted and conforms to the MINIMUM TECH—
NICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA in accordance with CH. 61017-5,
Florida Administrative Code.
Legal Description Date: Aug. 22, 1994 CS 7— _ WORK\44674
For Job 674 Scale'=40' -J,..%_, ,-.••-,.-,_•.,._:.7 ;'Y'
•117,11 -,1rf 4AI��
rrIIIIIIr.r� rAM�W
City of Ocoee i/1////M11111=0,1KM
CH. 61G17-6, Florida Administrative SOUTHEASTERN SURVEYING&MAPPING CORP.
Code requires that a legal description 925 S.Semoran Blvd.,Suite 112
drawing bear the notation that ' ter Park,Florida 32792
THIS IS NOT A SURVEY. 407/678.8729
Revised: ROGER LONSWAY N/z4T
REGISTERED LAN°SURVEYOR �E
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO, FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14071 648-1743
TAMPA, FLORIDA MAILING ADDRESS MILWAUKEE, WISCONSIN
JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE. FLORIDA WASHINGTON. D.C.
WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND
CHICAGO. ILLINOIS
MEMORANDUM
TO: Julian Harper, Zoning Coordinator
FROM: Steven W. Zelkowitz, Esq., Assistant City Attorney'L
THROUGH: Paul E. Rosenthal, Esq., City Attorney2%✓
DATE: August 24, 1994 y
RE: Easement Agreement with Chris B. and Sheri L. Bode
Resolution Vacating a Certain Portion of Reba Avenue
Attached hereto is the original Non-Exclusive Easement Agreement between the
City of Ocoee, as Grantor, and Mr. and Mrs. Bode, as Grantee, regarding certain encroachments
relating to the Bode's residence into Reba Avenue. The Agreement is complete in all respects
except that a legal description of the portion of Reba Avenue adjacent to Apricot Drive between
Lot 7 of Block "H" and Lot 12 of Block "G" must be attached to the Agreement as Exhibit "A"
(such description refers to the real property over which the easement will be granted). After
attaching the legal description, please have Mr. and Mrs. Bode execute the Agreement (their
signatures need to be witnessed by two individuals and notarized). Thereafter, please have this
matter placed on the agenda for the City Commission meeting scheduled for September 6, 1994
and prepare the appropriate staff report.
Also attached hereto is the original Resolution vacating and abandoning that
portion of Reba Avenue noted above. In this regard, please attach the same legal description
noted above to the Resolution as Exhibit "A". Also, following recording of the Non-Exclusive
Easement Agreement please have the recording information typed into the Resolution as
indicated. Please note that the City is the applicant with regard to this vacation Resolution and,
accordingly, must comply with the requirements of Chapter 153 of the Code of Ordinances of
the City of Ocoee. Please have this matter placed on the agenda for the City Commission
meeting scheduled for September 20, 1994 and prepare the appropriate staff report.
Thank you in advance for your anticipated cooperation in this matter. Please call
me with any questions or comments of if you require any additional information in connection
with this matter.
enclosures
cc: Ellis Shapiro, City Manager
Don Flippen, Building Official
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