III (D) Approval and Authrorization for Mayor and City Clerk to Execute the Non-Exclusive Temporary Easement Agreement with Wesmere Maintenance Association Agenda 5-16-2000
Item IIID
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE I 11 NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 3280I-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAM PA
MILWAUKEE FACSIMILE: (407)648-1 743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407)423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
MDOTY@FOLEYLAW.COM 0 203 77-0 2 8 4
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: April 26, 2000
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Sidewalk, Utility, Drainage and Access Easement and a Utility Easement from the Wesmere
Maintenance Association, Inc. ("Wesmere"), a property owner along Maguire Road.
Wesmere has agreed to grant these interests in exchange for the City's planned construction of
a right-turn lane into the Wesmere subdivision off of Maguire Road. Attached are the original
Sidewalk, Utility, Drainage and Access Easement Agreement and Utility Easement which have
been executed by Wesmere. In connection with the execution of these agreements, City staff
recommends the payment of $250.00 to Wesmere 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 Sidewalk, Utility, Drainage and Access Easement and a Utility
Easement authorizing execution thereof by the Mayor and City Clerk;
and
2. The payment of $250.00 to Wesmere to cover their costs in reviewing
and executing the agreements.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
Scott A. Cookson, Esq., Assistant City Attorney
6c-
006.179196.1
ESTABLISHED 1842C'°/3/1
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:
Scott A. Cookson, Esq.
FOLEY &LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
For Recording Purposes Only
UE-1
UTILITY EASEMENT
THIS UTILITY EASEMENT is made this day of , 2000, by
WESMERE MAINTENANCE ASSOCIATION, INC., a Florida non-profit corporation,
whose address is 501 Wesmere Parkway, Ocoee, Florida 34761, (hereinafter referred to as
"Grantor") in favor of 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 the "City").
(wherever used herein the terms "Grantor" and "City" shall include all the parties to this
instrument and the heirs, legal representatives and assigns of 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 City, the receipt and sufficiency of which is
hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey and warrant to the
City, its successors and assigns forever, a nonexclusive easement and right-of-way for utility
purposes, with full authority to enter upon, excavate, construct and maintain, as the City and
its assigns may deem necessary, electrical poles, telephone poles, wires, guy wires and
appurtenances, water pipes, sewer pipes, gas pipes and mains, and any other utility facilities
over, under, upon and through the following-described lands situate in the County of Orange,
State of Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE (the
"Easement Area")
006.175512.2
TO HAVE AND TO HOLD said easement and right-of-way unto said City and its
assigns forever.
The City and its assigns shall have the right to clear, keep clear and remove from said
Easement Area all trees, undergrowth, and other obstructions that may interfere with location,
excavation, operation or maintenance of the utilities or any facilities installed thereon by the
City and its assigns, and the Grantor, its successors and assigns, agrees not to build construct
or create, or permit others to build, construct or create any buildings or other structures on the
Easement Area that may interfere with the location, excavation, operation or maintenance of
the utilities, or any facilities installed thereon. Notwithstanding the issuance of any permit to
construct a fence or other structure, the Grantor recognizes and consents to the right of the
City, or an authorized utility company if applicable, to remove the fence or other structure
from the Easement Area without compensation or reimbursement to the Grantor if the fence or
other structure is deemed to impede the purpose or utility of the easement.
Grantor does hereby covenant with the City, that it is lawfully seized and possessed of
the real estate above described, and that the Easement Area is free from all liens and
encumbrances. By execution of this document, the Grantor affirmatively represents that it has
the contractual right, consent and lawful authority to execute this instrument and convey said
easement to the City. The Grantor recognizes that the City is relying upon the Grantor's
representations as herein expressed.
To the extent permitted by law, the City agrees to indemnify and hold harmless the
Grantor 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 City's use of the Easement
Area or from the exercise by the City of any rights by this easement and right-of-way.
-2-006.175512.2
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this instrument to be executed as of the day and year first above written.
Signed, sealed and delivered GRANTOR:
in the presence of:
WESMERE MAINTENANCE
ASSOCIATION, INC., a Florida non-
4Gj- t:1 profit corporation
Print Name L-a h_t
By:
�d dl,►.�,} ".L1 !_'ti.� ��1'. L- Name:
Print Name It'� 1,{_c. (k4.1,i, .��. Title:
STATE OF f--L-0ie-fo/9•
COUNTY OF ran y p
Th,e foregoing instru ent as acknowledged before me this day of
2000, by as of
W smere Maintenance Association, Inc. He/She is n personally known to me or ❑ has
produced , .DL as identification.
WITNESS my han-d. and official seal in the County and State aforesaid this //. day of
2000.
Notary Public
Print Name "7
My Commission Expires:
._•— LANA S REAGAN
• . �!'; •,i r......,-:r, ^r 765112
y.ram o EXr iRES.CcioDui: 2002
• of w$e', Bonded Thru Notary Pubic under-miters
006.175512.2 -3-
Signed, sealed and delivered CITY:
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
APPROVED AS TO FORM AND HELD ON
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
2000.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2000, 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
2000.
Notary Public
Print Name
My Commission Expires:
006.175512.2 -4
GX410LL A
LEGAL DESCRIPTI4h Page 1 of 2
UTILITY EASEMENT (UE-1)
LEGAL DESCRIPTION
(Utility Easement)
A STRIP G`F LAND BONG THE EAST 10.00 FEET OF TRACT VI MILL CREEK WLLAGE,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 81, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA, SAND STRIP OF LAND BONG CONTIGUOUS if
AND ADJACENT TO THE i4ESTERLY RIOT-OF WAY LINE OF MAGUIRE ROAD AND ALSO THE
SOUTHERLY RIGHT-OF-WAY LINE OF NESMERE PARKWAY.
CONTAINING 3,259 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES
(1) THIS MAP OF BOUNDARY SURVEY IS NOT VAUD UNLESS IT BEARS THE SIGNATURE AND
OR/GNAL RAISED SEAL OF THE FLORIDA LICENVSED SURVEYOR AND MAPPER IDENTIFIED
BELOW.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE EAST UNE OF THE
SOUTHEAST QUARTER OF SECnON JO, TOWNSHIP 22 SOUTH. RANGE 28 EAST, BEING
NORTH 0079'02' WEST.
(3) THE 'LEGAL pncw' HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
cuevrsQUEST.
(4) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(5) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS.
DAVID A. N!CE. P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS` INC.
CERTIFICATE OF AUTHORIZATION NO. LB-3556
SHEET 1 OF 2
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
snglneers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Site 1560 • Edo Porn Gen • 200 East Rabic, Sbsst • Olen" nark* 32E01 • 407/422-0012
SECTION 30, TOWNSHIP 22 SOUTH. RANGE 28 EAST
DAIS: 11-2-60 1 PREP En: P.S. , DRAM f t D.CQ JOB NDt DE 3J1
--________ LE-1 - .
$ESI/ERE PARKWAY LEGAL DESCRIPTIOI. I Page 2 of 2
(TRACT 'F') i
(P.B. 25. PGS 110-112) UTILITY EASEMENT (UE-1)
(RAY MOM VARIES) s VW UflE�_ ,,
C1a?a2S �,G0 x sax'
TRACT 'B' 41, 3301 29'
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LEGEND L •
II�
P.O. -- pato or MENYC 2
P.aa - PGIYT Qr COI EI.CDEYT rn
SEC - SECAgY
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- - CYF1=AECUROS SOX LOT 9
PC - PACE -
SQiT. - SQUAW MT
le MANAGE'&
u1vun•&ane w(P)---1 --L
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74
721 PLANTAT>LOT/ eoI NEST 1 � 11 M �'I F A g
THIS IS NOT A SURVEY (AIL 2a f�cs 2 l J) 1 I a� '-i § N 4 5
SHEET 2 OF 2 20' SIDEWALK de I N\� v N
SEE SHEET 1 OF 2 FOR LEGAL LANOSCAP£ EASEMENT (P) I --
DESCRIPTION AND SURVEYORS NOTES ' + \
5' UMW EASEMENT iD)-I i-.
o 24 CA ®q
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
�ngln..rs plonn.rs surwrors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
541t. 1560 • Edo Par* Canby • 202 root Rbdlaan SbWI' • O>k iu* &Ma 32201 • 407/422-XE2
SECTION 30, TONNSHIP 22 SOUTH, RANGE 211 EAST
DAZE 11-2-40 PREP !M P.S. DRAMs St D.C.G. d+ JOS NOt OE-331 -
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Scott A. Cookson, Esq.
FOLEY&LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
For Recording Pur'oses Only
SWE-1
SIDEWALK, UTILITY, DRAINAGE AND ACCESS
EASEMENT AGREEMENT
THIS SIDEWALK, UTILITY, DRAINAGE AND ACCESS EASEMENT
AGREEMENT (this "Easement Agreement") is made and entered into this day of
2000, by and between WESMERE MAINTENANCE ASSOCIATION,
INC., a Florida not-for-profit corporation, whose address is 501 Wesmere Parkway, Ocoee,
Florida 34761 (hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a
Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida
34761 (hereinafter referred to as the "Grantee"):
WITNESSETH:
WHEREAS, Grantor is the owner 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, in connection with the widening of Maguire Road, Grantee will be
constructing a right turn lane into the Wesmere subdivision over existing right-of-way property
adjacent to the Easement Property; and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, 'a perpetual nonexclusive sidewalk, utility, drainage and access easement
over, upon, and across the Easement Property for the specific and limited purposes hereinafter
set forth.
006.175529.4
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. Grantor hereby gives, grants, bargains, sells and conveys to Grantee an
easement for sidewalk, utility and drainage purposes over, under, and upon the Easement
Property for the purposes hereinafter stated (the "Easement"), all subject to the terms,
conditions and limitations set forth herein. The Grantee shall have full authority to enter upon,
excavate, construct, operate, repair, and maintain, as the Grantee or its assigns may deem
necessary, sidewalks, drainage pipes and facilities, electrical poles, telephone poles, wires, guy
wires and appurtenances, water pipes, sewer pipes, gas pipes and mains, and any other utility
facilities or other related appurtenances (the "Improvements") over, under, and upon the
Easement Property.
Section 3. Grantor hereby warrants to Grantee that Grantor has fee title to the
Easement Property subject to easements, reservations, restrictions and rights-of-way of record,
if any, and that Grantor has full power and authority to grant this Easement as to the Easement
Property.
Section 4. Subject to the terms, conditions and limitations hereinafter set forth, the
Grantee, its employees, agents, contractors, consultants and assigns shall have the right of
ingress and egress over, upon, and across the Easement Property at all times for the purpose of
excavating, constructing, operating, repairing, and maintaining the Improvements. The
Grantee, its employees, agents, contractors, consultants and assigns, shall have the right to
clear and keep clear all trees, undergrowth, and other obstructions that may interfere with
normal operation or maintenance of the Improvements, out of and away from the Easement
Property, and the Grantor agrees not to build, construct, or create, nor permit others to build,
construct, or create any buildings or other structures on the Easement Property that may
interfere with the use of the Easement Property for the purposes set forth herein or with the
normal operation or maintenance of the Improvements.
Section 5. The access easement granted herein is for the purpose of ingress and
egress to the Improvements. With the exception of the sidewalks within the Easement
Property, this Easement shall not be construed to grant the general public any rights or
privileges with respect to the use of the Easement Property.
Section 6. Except as expressly set forth herein, the Grantor reserves the right to
utilize the Easement Property for any purpose which does not interfere with the use of the
Easement Property by Grantee for the purposes set forth herein.
Section 7. To the extent permitted by law, the Grantee agrees to indemnify and hold
harmless the Grantor from and against any and all claims, actions, causes of action, loss,
damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether
006.175529.4 -2
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 by this
Easement Agreement.
Section 8. The Easement Agreement 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 9. This Easement Agreement may be modified or amended only upon the
mutual written consent of Grantee and Grantor, or their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Sidewalk, Utility, Drainage and Access Easement Agreement to be executed
as of the day and year first above written.
Signed, sealed and delivered in the presence: GRANTOR:
WESMERE MAINTENANCE
ASSOCIATION, INC., a Florida not-for-
profit corporation
Jet GL"" a By:
Print Name: / L7 h 4 S 1 9�./A-�J�a.�-. Name: R j -
• lJ Title:
Print Name: 61Q_,I;sS 0 , , J
-3-006.175529.4
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this /V day of
2000, by /, �!inS . He is n personally known to me
J
or as produced /C c- 772 2i j }i4ntification.
WITNES my hand and official seal in the County and State aforesaid this /k day of
J 2000.
No ary Public
L Vii CL.
Print Name ... �.
My Commis
off 1;.$0 Bonaed Tot.,Noi ro,,o.. i°t7 'ib..:Hers
006.175529.4 -4
Signed, sealed and delivered in the presence: GRANTEE:
CITY OF OCOEE, a Florida municipal
corporation
Print Name:
By:
Name: S. Scott Vandergrift
Print Name: Title: Mayor
Attest:
Name: Jean Grafton
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 2000
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
2000.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2000, 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
2000.
Notary Public
Print Name
My Commission Expires:
006.175529.4
Exhibit A
•
LEGAL DESCRIPTIO_ sWE-1
Page 1 of 2
SIDEWALK, UTILITY, DRAINAGE AND ACCESS EASEMENT
LEGAL DESCRIPTION
SIDEWALK, UTILITY, DRAINAGE AND ACCESS EASEMENT
A STRIP OF LAND BANG THE EAST 1a00 FEET OF TRACT 'A' NESMER£ AT OCCEE. UNIT ON&
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGES 110 THROUGH
112, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID STRIP OF LAND BEING
CONTIGUOUS MTH AND ADJACENT TO THE NESTERLY RIGHT-OF-WAY LINE OF MAGUIRE
ROAD AND ALSO THE NORTHERLY RIGHT--OF-WAY LINE OF NESMERE PARKWAY.
CONTAINING 3,265 SQUARE FEET, MORE OR LESS
SURVEYOR'S NOTES:
(1) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO THE EAST LINE OF THE
SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
NORTH 00 J9 02• VEST.
(2) THE "LEGAL DESCRIPTION' HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S REQUEST.
(3) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(4) THE DELINEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS
•
•
DAVID A. WHITE. P.SM.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS. INC:
CERTIFICATE OF AUTHORIZATION NO. LB-3556
SHEET 1 OF 2
PEC I
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556 f?=—
suite MO • foie Par* Canfrs • 200 East Robinson Street • Orkin*, Flarldo 22801
•SECTION 30, TOWNSHIP 22 SOUTH. RANGE 28 EAST
DATE: 2-25-00 PREP BY: P.S. DRAM BY: D. G.G JOB We 0E-331
LX11iC.,li A --
LEGAL DESCRIPTIO• SWE_I
SIDEWALK, UTILITY, DRAINAGE AND ACCESS EASEMENT Page 2 of 2
NOT PLATIEO N 72 7O'(
(QR.a.ssal PG 117ri)
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LEGEND 3 i
SEC - . cn v
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Dee - OPTICAL REG1a405 WOW 2
PC - PAW
San - SWAN*fEET
R - RADIUS 41
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SHEET 2 OF 2 Ma 24 PPCS 0-112) 10c 41 v t3 S
SEE SHEET 1 OF 2 FOR LEGAL (R/w aeon+ VARIES) I m/S /S NOT A SURVEY
DESCRIPTION AND SURVEYORS NOTES
PEC
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
PROFESSIONAL
plann.rs surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
&wr. 1580 • Eats Po* Centre • 200 East Robinson Serest • Wand:1 ~de J2801 • 407/4?2-8062
SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST
DATE: 2-25-00 PREP Ott P.S I ORAMN 9Y: 0.C.C` r J09 N0: 0E-331