III (B) Approval and Authorization for Mayor and City Clerk to execute the Non-Exclusive Temporary Easement Agreement with Eva E. Meridith-Kral for the Maguire Road Widening Project Agenda 4-04-2000
Item III B
FOLEY & LARDN ER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 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
EMAIL ADDRESS (407)423 7656 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, Assistant City Attorney .N°i)
THROUGH: Paul E. Rosenthal, City Attorney
DATE: March 22, 2000
RE: Maguire Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a
Non-Exclusive Temporary Easement Agreement from Eva E. Meridith-Kral, a property owner
along Maguire Road. Eva E. Meridith-Kral has agreed to grant this interest at no cost to the
City. Attached is the original Non-Exclusive Temporary Easement Agreement which has been
executed by Eva E. Meridith-Kral. City staff, however, recommends the payment of $250.00
to Ms. Meridith-Kral to cover her costs incurred in reviewing and finalizing the agreement.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners
approve:
1. The Non-Exclusive Temporary Easement Agreement, authorizing
execution thereof by the Mayor and City Clerk; and
2. The payment of $250.00 to Eva E. Meridith-Kral to cover her costs in
reviewing and executing the agreement.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
beiovb
006.175265.1 Ca'�
ESTABLISHED 1 842
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART r
. .v
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-43
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this _ day of 2000, by and between EVA E.
MERIDITH-KRAL, whose address is P.O. Box 213, Windermere, Florida 34786-
0213 (hereinafter referred to as the "Grantor"), 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, 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, Grantee has requested, and Grantor has 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. Grantor hereby gives, grants, bargains, sells, and conveys 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.
' 1
Section 3. Grantor hereby warrants and guarantees 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 the Grantor has 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 Grantor reserves to itself,
its 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 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 Grantee's use of the Easement Property or from the exercise by
the Grantee of any rights granted by this Easement Agreement.
2
006.156748.1
•
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 Grantor (or its 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 Grantor agrees that it 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 Grantor 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 Grantor of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantor to
complete improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however, that the Grantor shall, at Grantor's
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 Grantor 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 Grantor's 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 Grantor, or their respective legal
representatives, successors and assigns.
3
006.156748.1
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 GRANTOR:
in the presence of:
4(0 Z /AS'Ile& *0
Print Name EVA E. ME ITH-KRAL
a4j‘A. A 41)
Print Na e ptivual k w.-c7-11
STATE OF FLORIDA
COUNTY OF ORANGE
T e foregoing instrument was acknowledged before me this A glI(day of
2000, by EVA E. MERIDITH-KRAL. She is personally
known t me or ❑ has produced as identification.
NES my hand and official seal in the County and State aforesaid this o
day of 2000.
c etlok-11
Notary Pu lic
Print Name
My Commission Expires:
.si°'w""4,Mary A Doty
*t,=1*MY Commission CC817224
'unto Expires July 7,2003
4
006.156748.1
•
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.
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:
5
006.156748.1
CJ 111DIL A
• - TCE-43
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) _ Page 1 of.1
That part of Section 29, Township 22 South, Range 28 East. Orange County, Florida, being more particularly
described as follows:
BEGINNING at the intersection of the South right of way line of State Road 50 and the East right of way
line of Maguire Rood, said point being a point of curvature of a curve concave to the north. having a
radius of 68679.90 feet, a central angle of 00'00'30". a cnord of 10.00 feet, that bears
North 89'53'10" East. thence easterly 10.00 feet along the arc of said curve and tha said South right
of way line of State Road 50; thence leaving said right of way line South 00'34'35" East c distance of
175.01 feet along a line 10.00 feet east of and parallel wan the aforesaid East right of way line of
Maguire Road: thence: South 89'25'25" West a distance of 10.00 feet to a point on the aforesaid East
right of way line; thence North 00'34'35" West a distance of 175.09 feet along aforesaid East right of
way line to the POINT OF BEGINNING. CONTAINING 1750 square feet, more or less.
STATE ROAD 50
789 790 791 792 793
POINT OF
N BEGINNING
SOUTH RIGHT OF WAY LINE
L=10.00' I
R=68679.90' L
o A=00'00'30"
N Li CB=N89'53'10"E
M al
- ;n CHORD=10.00'
s r')
MN tri; TEMPORARY
0 z— CONSTRUCTION EASEMENT
Q �� N LINE 10.00 FEET EAST OF
N ON r. AND PARALLEL WITH THE
a. Y EAST RIGHT OF WAY LINE %0.- ^ �`� z 10.00' .
Li 2
W S89'25'25"W
IiI D. b m z 1" 400'
CC m Z J GRAPHIC SCALE
I-- o 0 3 NOT 0 200
w m N o PLATTED 0 50
Qg I . x
O ND ,-
N.
0
411 N
to
0
N
SURVEYORS REPORT
1. The bearings shown Hereon ore based on the baseline of Maguire Road from Station 208+00 to Station 209+00. being North 00'34'35" West.
Dote: CERT NO. LB2108 45800038
LEGAL DESCRIPTION August 31, 1999 .",....... ..L..
FOR Job No.: Scale: <..
45800038 1-=100' Lilt
/, / / ii ; . , \
SOUTHEASTERN SURVEYING & MAPPING CORP.
Professional Engineering 324 N. Orlanco Avenue
g g CH. 61G17-6. Florida Aomnatra4ve
Consultants. Inc. Code requires that o Iego oescrip►ion Maitland, Flor:cc 32751
drawing bear the netaton toot 407/647-8895
THIS IS NOT A SURVEY. S .
.
GAR B. KRICK
REGISTERED LAND SURVEYae M. 4245