III (B) Approval and Authorization for Mayor and City Clerk to execute the Right-of-Way Agreement with Little Woods, Inc. at Sawmill Ocoee , AGENDA 12-3-96
(j` ry Item III B
V 1 Y�
0; coos. JAMES W.SHIRA,P.E.
CITY ENGINEER/UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
PHONE(407)656-2322 EXT.142•FAX(407)656-7835
MEMORANDUM
DATE: November 26, 1996
TO: The Honorable Mayor and Board of City Commissioners
/�FROM: James W. Shira, P.E. f
City Engineer/Utilitie: i irector
SUBJECT: Access Easement-Little Woods Farms,Inc.
Property Adjacent to Sawmill Subdivision
Attached for your information and action is a copy of an easement agreement between the City of
Ocoee and Little Woods Farm, Inc. Little Woods Farms, Inc. owns a tract of land north of, and
adjacent to the Sawmill Subdivision. Due to the flooding of the"Lake Sawmill" area over the
past few years, access to the Little Woods Farm, Inc. property from Apopka-Vineland Road has
been difficult at times, and impossible at other times. This easement agreement provides a
means for the owner of the property to gain access from Sawmill Boulevard across property
owned by the City.
The City-owned tract is identified on the attached copy of a part of the Sawmill Subdivision plat,
and is currently unused by the City. There are no plans to use this portion of the property for any
municipal purposes. There are no conflicts between the proposed use as a driveway and any
current or proposed use of this portion of the property. The Sawmill Homeowner's Association
was contacted and had no objection to this proposed driveway.
The agreement specifies that a single driveway can be constructed on the easement property. To
ensure that this driveway could not be used as an access for any subdivision of the Little Woods
Farm, Inc. property,the driveway width is limited to sixteen feet in width.
I recommend that the City Commission authorize the Mayor and City Clerk to execute the
Access Agreement between the City of Ocoee and Little Woods Farm, Inc.
JWS/jbw
Attachments
THE PRIDE OF WEST ORANGE
THIS IlVSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY &LARDNER
111 North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
THIS INSTRUMENT SHOULD BE
RETURNED TO:
Jean Grafton
City Clerk
City of Ocoee
150 North Lakeshore Drive
Ocoee,FL 34761-2258 For Recording Purposes Only
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT (hereinafter referred to
as this "Agreement") , is made and entered into this day of
/UouenS , 1996 by and between the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 North Lakeshore
Drive, Ocoee, Florida 34761-2258 (hereinafter referred to as
"Grantor") , and LITTLE WOODS FARM, INC., a Florida corporation,
whose mailing address is SloL AJ. ,4Ornlc .- t/,. eland( ye0„4-
ork;,c10 rt 3,2e1S. (hereinafter referred to'as "Grantee") .
WITNESSET H:
WHEREAS, Grantee is the owner of fee simple title to a
certain unplatted parcel of land located in unincorporated Orange
County, as more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof (the "Grantee
Property") ; and
WHEREAS, Grantor is the owner of fee simple title to a
certain parcel of land located in Orange County, Florida, which is
contiguous to and south of the Grantee Property, as more
particularly described in Exhibit "B" attached hereto and by this
reference made a part hereof (the "Grantor Property") ; and
WHEREAS, the Grantor Property is contiguous to and north
of Sawmill Boulevard; and
WHEREAS, subject to the terms and conditions herein after
set forth, Grantor desires to grant to Grantee a perpetual non-
exclusive access easement over and across the Grantor Property.
NOW, THEREFORE, for and in consideration of the premises
stated herein, as well as TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto, each intending to be bound
hereby, agree as follows:
1. Recitals. The recitals set forth above are true and
correct and are incorporated herein and by this reference made a
part hereof.
2. Easement Across Grantor Property. Grantor hereby
gives, grants, bargains, sells and conveys to Grantee, its
successors and assigns, a perpetual non-exclusive easement over,
upon and across the Grantor Property for the exclusive purposes of
(i) vehicular ingress and egress to and from the Grantee Property
over, upon and across the Grantor Property and the roadway
improvements to be constructed thereon, such easement being for the
exclusive benefit of the Grantee Property, all subject to the
terms, conditions and limitations set forth herein. The purpose of
this easement is to allow the Grantee Property to have access to
Sawmill Boulevard.
3. Driveway Improvements to Grantor Property;
Maintenance. In consideration of the grant of the easement
referenced in Paragraph 2 above, Grantee agrees, at its sole cost
and expense, to construct a driveway across the Grantor Property so
as to provide the Grantee Property with paved access to Sawmill
Boulevard ("the Driveway") . The Driveway shall be: (a) a maximum
of 16 feet wide, (b) made of 6 inch concrete with steel mesh; and
(c) constructed to City of Ocoee standards in accordance with all
applicable codes and regulations of the Grantor. Additionally, the
Grantee shall erect and at all times maintain a Stop Sign on the
Grantor Property at a location to be approved by the City. The
final plans for the Driveway shall be submitted by the Grantee to
the Grantor for review and approval. Grantee covenants and agrees
to complete construction of the Driveway in accordance with the
approved final plans no later than 120 days from the date of this
Agreement. Grantee shall be responsible for the maintenance and
repair of the Driveway and shall at all times keep the Driveway in
good condition and repair.
4. Restrictions on Use of Driveway. The use of the
Driveway by Grantee is expressly made subject to the following
restrictions:
(i) No obstruction to vehicular and pedestrian
traffic shall be erected or constructed on the Driveway.
(ii) Parking and signage (except for the Stop
Sign) on the Grantor Property shall be prohibited.
(iii) Grantee shall comply with all applicable
laws, rules, regulations and requirements of the City of
Ocoee with respect to the construction, use and
maintenance of the Driveway.
(iv) A maximum of twenty (20) vehicle trips per
day shall be permitted across the Driveway.
5. Indemnification. Grantee hereby agrees to indemnify
and hold harmless the Grantor from and against any and all claims,
demands, losses, damages, liabilities and expenses and all suits,
actions and judgments (including but not limited to costs and
reasonable attorneys' fees and paralegal fees, whether at the trial
or appellate levels) arising out of or in any way related to this
Agreement or the exercise by Grantee (or any of its employees,
agents, licensees, contractors, engineers, consultants, tenants or
invitees) of its rights hereunder with respect to the Grantor
Property.
6. Enforcement. This Agreement shall be enforceable by
specific performance. In the event either party brings an action
to enforce this Agreement, the prevailing party shall be entitled
to receive from the non-prevailing party its reasonable attorney's
fees, paralegal fees and costs, at both the trial and appellate
levels.
7. Binding Effect. This Agreement shall run with the
land and inure to and be for the benefit and burden of Grantor and
Grantee, and their respective express successors and assigns.
8. Amendment. This Agreement may be modified or
amended only upon the mutual written consent of Grantor and
Grantee, or their respective express successors and assigns, which
amendment shall become effective only upon recording in the Public
Records of Orange County, Florida.
2
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
Signed, sealed and delivered in GRANTOR
the presence of:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Print Name:
Jean Grafton, City Clerk
(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 , 1996
LEGALITY this day of UNDER AGENDA ITEM NO.
, 1996
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 VANDERGRIFT and JEAN
GRAFTON, personally known to me to be the Mayor and City Clerk,
_ respectively, of the CITY OF OCOEE and that they severally
acknowledged executing the same 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 , 1996.
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):
3
GRANTEE
Signed, sealed and delivered LITTLE WOODS FARM, INC.,
in the presence of: a Florida co ation
67 • ram„ r' By: ( �✓`-�-•
JOSEPH ALBERT SHIRER
Print Name: 74/1• re-2 Ce r/ President
LC_L.( 1._C`rC\ K
n .J
Print Nam l f' Z
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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 JOSEPH ALBERT SHIRER, as
President of, LITTLE WOODS FARM, INC. , a Florida corporation who [✓
I is personally known to me or [ ] produced as
identification, and that he acknowledged executing same on behalf
of said 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 6n day. of .{Jovem4r- , 1996.
,.�"' °�., Sign ure of Notary
-° James 8 Geisler
• *, rw My Commission CC581780 Name of Notary (Typed,Printed or Stamped)
° Expires Sep.02.2000
'lFOF vtoe Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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C:\W511DOCSOCOEIACCESS.RV 211 I hS/%I DEBB IEH I PER:dh
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PARCEL "A": TEAT PART OF THE SOUTH 122.5 FEET OF THE WEST
711.18 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 3, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING WEST OF THE
APOPRA-VINELAND ROAD.
AND
PARCEL "B": THE NORTH 1/4 OF NORTHWEST 1/4 OF NORTHWEST 1/4 OF
SOUTHEAST 1/4 OF NORTHEAST 1/4 LYING WEST OF APOPKA-VINELAND
ROAD.
AND
PARCEL "C": THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 (LESS THAT PORTION THEREOF WEST OF RAILROAD
RIGHT OF WAY) , SECTION 3, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA;
TOGETHER WITH THAT EASEMENT DESCRIBED AS FOLLOWS:
PARCEL "D": THE EASTERLY 13 FEET OF THE SOUTHERLY 200 FEET OF
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22.
SOUTH, RANGE 28 EASt, LESS THAT PART IN RIGHT OF WAY OF
APOPKA-VINELAND ROAD (STATE ROAD 435) .
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File No: SL-11707-JD
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m • ExitrBi < "8'
LAND DESCRIPTION
A PORTION OF TRACT"Er,SAWMILL PHASE I,ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 23,PAGES 32 THRU 35, OF THE PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF TRACT"B" SAWMILL PHASE I,
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 23,PAGES 32-
35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE SOUTH
89°45'05"EAST ALONG THE NORTH LINE OF SAID TRACT"B",411.38 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 89.45'05" EAST ALONG THE
NORTH LINE OF SAID TRACT"B", 25.23 FEET; THENCE SOUTH 07'59'15"WEST,
12.96 FEET TO A POINT ON THE ARC.OF•A NON-TANGENT CURVE(RADIAL LINE
THRU.SAID POINT BEARS SOUTH 10.20'12"WEST); THENCE WESTERLY ALONG
THE ARC OF SAID NON-TANGENT CURVE BEING CONCAVE TO THE SOUTH, •'
HAVING A RADIUS OF 305.00 FEET,.A CENTRAL ANGLE OF 04.41'52", AN ARC
DISTANCE OF 25.01 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
SAWMILL BOULEVARD;THENCE NORTH 07.59'15"EAST, 9.56 FEET TO THE POINT
OF BEGINNING.
SAID LANDS LYING IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA,
CONTAINING 277 SQUARE FEET MORE OR LESS.
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PREPARED BY: PROJECT NO. 824.001
CEMS CONSULTANTS, INC. MARCH 27,1998
568 WEST SILVER STAR EXT. FILE: F,IWPDOCILEGALSISWMLPH1E.LEG
OCOEE, FLORIDA 34761 SHEET 1 OF 2
JKETCH OF LAND DESCAI- ION
LI 25' EASEMENT
SCALE is • 20• •
+' , '• ,.. ,,, • NOT PUTTED
SANNIU.PHASE I (FIAT EOON PARES 33-353
POINT OF 18111111411 IQ1TN we or TRACT,!�
SNP*WE 411.31t' �6'05•E 2fi?>'
•
ICT MOLL=
TRACT MISS NDAta.V5OF �' 6'N
-� tL95' NOT INCLUDED PORTION
NORTNER.T RIONT-OF-HAT OF 'T•r
LINE OF SAiOIILL ECM A•O4'41r3Z'
N.305,OP
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103TI. %IONS O�FpTNIS SKETCH ARE 110T VALID UILESS SEALED 111Tq AN EISOSSED SURVEYORS SEA!.
2. LAMS SPUN IE WIJE APE T TAD IleOR RIO i W'E OTHER 1NC8 TO Tf s OF
3. KARIN=SHOIGI Hum
4. PLAT OF
IRIS t=IqT AIBR E I T DOM 23, PASED R fECpI05 OF ORME COUNTY. FI,,pRIDA.
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CERTIFICATE:
1E IE}1F3T CERTIFT THAT THIS DRAWING GEETS TIE NINIMM TECIIIICAL STANDARDS SET FORTH IN FILE B AiibPTER :HE FT.ORIDA
BOARD OF UJ SURVEYORS. P1ILRUANT TO FLORIDA STATI S 472.Oa.
FOR THE FIRII BT: ----caluvrttatiol... -..a.--
uNo°suRYETOR
OATS FLoa� 4STRATIOI NO. 4334
CADO FILE/OESIGIUOCOEE/9A1IEA8E.II •
SIE •2 E7. .OF a SHEETS
MS Consu ! tents, 0 nc. REVISION DATE on nos Cx
sui
CIVIL ENGINEERING • MAPPING • SURVEY ING
MI NEST 9ILYFA STAR EMERSION I U
OCCEE FL9RIDA 34751 111MINEMIIMMII
PRDUECT NO.E24.Doi (40ne77-797 I.,g, NO, 5257 _ F1 JL7G7 -- —
TrITCIL P.04