Item III (B) Approval and Authorization for the Mayor and City Clerk to Execute the Non Exclusive Temporary Easement Agreement with Dario D. D'Attili and Maria S. D'Attili and Authorization for Payment of $250.00 to Cover their Costs & Execute Agreement Agenda 11-02-99
Item III B
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 1 93 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1 800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 3280 I-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407)423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@foleylaw.com 020377-0284
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City Attorney WO)
THROUGH: Paul E. Rosenthal, City Attorney
DATE: October 21, 1999
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Non-Exclusive Temporary Easement from Dario D. D'Attili and Maria S. D'Attili, property
owners in the Wesmere Subdivision. Mr. and Mrs. D'Attili have agreed to grant this interest
at no cost to the City. Attached are the original D'Attili Non-Exclusive Temporary Easement
Agreements which have been executed by Mr. and Mrs. D'Attili. City staff, however,
recommends the payment of$250.00 to the D'Attilis to cover their costs incurred in reviewing
and finalizing the agreements.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners
approve:
1. The Non-Exclusive Temporary Easement, authorizing execution thereof
by the Mayor and City Clerk; and
2. The payment of$250.00 to Mr. and Mrs. D'Attili to cover their costs in
reviewing and executing the agreement.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
olL
006.157983.1 Caniethl
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN, FRANKFURT, LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A.Doty,Esq.
FOLEY&LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
TCE-18
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 1999, by and between
DARIO D'ATTILI and MARIA S. D'ATTILI, whose address is 805 Windergrove
Court, Ocoee, Florida 34761 (hereinafter referred to as the "Grantors"), and the
CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N.
Lakeshore Drive, Ocoee, FL 34761, (hereinafter referred to as the "Grantee").
WITNESSETH:
WHEREAS, Grantors are the owners 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 Grantors have agreed to grant and
convey to Grantee, a non-exclusive temporary 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, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grantors hereby give, grant, bargain, sell, and convey to Grantee
a non-exclusive temporary easement over, upon and across the Easement Property for
the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions,
and limitations set forth herein.
•
Section 3. Grantors hereby warrant and guarantee to Grantee that Grantors
have fee title to the Easement Property, subject to easements, reservations, restrictions,
and rights-of-way of record, if any, and the Grantors have full power and authority to
grant this Easement as to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purpose
of Grantee, through itself, its agents, contractors, consultants and employees: (a)
performing such activities on the Easement Property as Grantee may deem reasonably
necessary in connection with the design, engineering, and construction , of
improvements to a certain roadway known as Maguire Road which is located adjacent
to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the
Easement Property and the driveways, walkways, and other improvements thereon with
the construction of the Maguire Road Widening Project (the "Project") undertaken by
the City in conjunction with the aforesaid activities on the Easement Property.
Notwithstanding the foregoing, this Easement is granted upon the condition that the
sloping and/or grading upon the Easement Property shall not extend beyond the
Easement Property and that all grading or sloping shall conform to all existing
structural improvements within the Easement Property and all work will be performed
in such a manner that existing structural improvements will not be damaged.
Section 5. This Easement is non-exclusive, and Grantors reserve to
themselves, their 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 6. The Easement shall terminate upon the earlier of (a) the
completion of the construction of the Project as certified by the City, or (b) December
31, 2001. Upon termination of the Easement, Grantee shall record a Notice of
Termination in the Public Records of Orange County, Florida.
Section 7. Grantee shall, at its sole cost and expense, restore any
improvements on the Easement Property that are damaged by Grantee incident to its
construction of the Project to a condition which approximates as closely as is
reasonably practicable the condition of said improvements prior to being damaged by
Grantee.
Section 8. To the extent permitted by law, the Grantee agrees to indemnify
and hold harmless the Grantors 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.
2
006.156439.1
•
Section 9. To the extent that any rules, regulations or ordinances of the
Grantee or any previously existing'development approvals or any agreement between
the Grantors (or their predecessors in interest) and the Grantee require that certain
improvements, including but not limited to walls, signage, landscaping, irrigation and
berming, be constructed or installed within all or any portion of the Easement
Property, the Grantors agree that they shall not construct or install any such
improvements within the Easement Property until the earlier of (i) the date of
termination of this Easement Agreement, or-(ii) the written approval by the Grantee,of
a specific improvement within the Easement Property. The aforementioned restrictions
may be waived by Grantee in whole or in part, at the Grantee's option. The Grantors
may from time-to-time request the approval of Grantee to construct or install certain
improvements within the Easement Property and Grantee covenants and agrees to grant
such approval unless the Grantee makes a good faith determination that such
improvement will interfere with the exercise by Grantee of its rights and privileges
under the terms of this Easement Agreement. Grantee covenants and agrees that it will
not defer or delay the issuance to Grantors of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantors to
complete improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however, that the Grantors shall, at Grantors'
sole cost and expense, promptly complete any such deferred or delayed improvements
upon the termination of this Easement Agreement or the waiver of such restriction by
the Grantee. Nothing contained in this Section shall be construed to release or
discharge the Grantors from any of its obligations and responsibilities with respect to
improvements to be constructed or installed within the Easement Property. This
Section is intended only to affect the timing of the Grantors' compliance with any such
obligations and responsibilities.
Section 10. The Easement 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 Grantors, or their respective legal
representatives, successors and assigns.
3
006.156439.1
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 GRANTORS:
i the presence of c.
�.z L � (,(e� - . c -2.-1--c~�.� �'
,,„- , s- w,,,.,, .
Print N me 5F„? , W,A,J0- , 5; p RDARIO D'ATTILI
nt Name 4.ivLA ' (i l/
/.Z.
20. S/k. ,
3. zfig-4 -
Print ame:.•),,,,4 t;w� 5. 6 e R/4 MARIA S. D' TTILI
v
Li .c4,1,41 CLI)Dtli -
Print Narhe (Ly / J)D 11-'1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this a 6 day of
f A-D6t, 1999, by DARIO D'ATTILI. He is ❑ personally known to me
or alias produced Si Q cr tGQ as identification.
Vet T ESS my hand and official seal in the County and State aforesaid this Dbilr
day of U(A40 64,x- 1999.
°U5171--11
Notary blic
f‘-60-`7
Print Name
My Commission Expires:
Mary A Doig
ZT
AN
Commission CC817224
Expires duly 7,2003
4
006.156439.1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this a`) day of
1999, by MARIA S. D'ATTILI. She is ❑ personally known to
me or afias produced rt_oQi 6 A- !Q. LAL..as identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 0 U l 1999.
i at DAL
otar' Publib
Wte,y A- A-6-2/
Print Name
My Commission Expires:
0=�.. Mary A Doty
*._J*My Commission CC817224
3,\N:el Expires July 7,2003
5
006.156439.1
Signed, sealed and delivered GRANTEE:
in the presence of: CITY OF OCOEE, a Florida municipal
Corporation
By:
Print Name Name: S. Scott Vandergrift
Title: Mayor
Print Name Attest:
Name:
Title: City Clerk
[Affix Seal]
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND 'ON UNDER
LEGALITY THIS . DAY OF AGENDA ITEM NO. VIII C.
1999.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1999, by S. Scott Vandergrift, as Mayor of the City of Ocoee.
He is ❑ personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 1999.
Notary Public
Print Name
My Commission Expires:
6
006.156439.1
LEGAL DESCRIPTION Exhibit A
TCE-18
TEMPORARY CONSTRUCTION EASEMENT Paae 1 of 2
LEGAL DESCRIPTION
(Temporary Construction Easement)
A STRIP OF LAND BEING THE EAST 10.00 FEET OF LOT 5, PLANTATION GROW WEST,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGES 2 AND 3, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA, SAID STRIP OF LAND BEING CONTIGUOUS WITH
AND ADJACENT TO THE WESTERLY RIGHT—OF—WAY LINE OF MAGUIRE ROAD.
CONTAINING 1,109 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES:
(1) THIS MAP OF BOUNDARY SURVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND
ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER IDENTIFIED
BELOW.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
NORTH 0028'43" WEST
(3) THE "LEGAL DESCRIPTION- HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S REQUEST.
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENTS INSTRUCTIONS.
DAWD A. WHITE, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
SHEET OF 2 CERTIFICATE OF AUTHORIZATION Na LB-3556
c
PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB .3556
Sults 1560 • Edo Pok Centre • 200 East Robinson Shoot • Orlando. Florida .12601 • 407/422-8062
L
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: 6-13-99 PREP BY: P.S. DRANK BY: D.C.G. I d013 N0: 0E-3.11
IS' LEGAL DESCRIPTION TCE-18
TEMPORARY CONSTRUCTION EASEMENT Page 2 of 2
I Exhibit A
SCALE LOT 6 I 1
l• = 20' PLANTA77ON GROW WEST 7
(P.B. 26, PCS 2 & 3) i I C
I E R
(P) 39'03J a a
5 UnLITY EASEMENTJ _--I 26 t 50.00' rn
1
I
i 1 rl r.,
I
o
I
o
E. 10.00'LOT 5 — I —Itn S-
n '
w o
NI a N t
n
Ln P 1 toto CNJ NJ
7IN C
IJ N
LOTS . X00,- I4. §o
PLANTA770N GROVE WEST o w w o
Fri
(P.S. 26PGS2 & 3) ao m m
\..-
13to
a"' I o
N.
a -N
t t0 N m
2 R 1J c''
---I I !*1
r5' UTILITY EASEMENT(P) 1 J 1
I ,,,
1 _ — S89-11'17'WJ 50.00'
X10.00' - -,
I � a
LOT 4 t'1
PLANTA 770N GROW WEST t
(P.B. 26, PCS 2 & 3) I ti
1-- "\
LEGEND
I
src - SCC7l y
RAP - RIC'lT-Of-WArI
P.8 - PLAT BOOK
PC - PAGE
SQrT. - SQTAR[far
I
(P) - PLAT7LD
SHEET 2 OF 2
SEE SHEET t OF 2 FOR LEGAL
DESCRIPT1ON AND SURVEYORS NOTES THIS IS NOT A SURREY
O
I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
PEC engineers planners surveyors
--
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
r1 h
Soffit 1560 • Edo Pork Centro • 200 (oat Rodk+wn Slnil • Orlando, rlu rdo 32801 • 407/422-5062 I
SECTION 31. TOWNSHIP 22 SOUTH. RANGE 28 EAST o
DATE 8-13-99 1 PREP BY: P.S. 1 DRANK BY: D.C.C. I JOB NO: 0E-331