III(C3) Non-Exclusive Temporary Easement Agreement With Foxfire Apartment Associates Agenda 8-15-2000
Item III C 3
I _ _
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2193 SAN DIEGO
JACKSONVILLE I II 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/MATIER 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 Nt
THROUGH: Paul E. Rosenthal, City Attorney
DATE: August 7, 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 Foxfire Apartment Associates
("Foxfire"), a property owner along Maguire Road. Foxfire has agreed to grant this interest
at no cost to the City. Attached are two original Non-Exclusive Temporary Easement
Agreements which have been executed by Foxfire. City staff, however, recommends the
payment of$250.00 to Foxfire Apartment Associates to cover their 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 Foxfire Apartment Associates to cover their
costs in reviewing and executing the agreement.
c: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
604911/1
006.189964
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-29
NON-EXCLUSIVE TEMPORARY EASEMENT.AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2000, by and between FOXFIRE
APARTMENT ASSOCIATES, a Florida general partnership, whose address is 753
East Glenn Avenue, Auburn, Alabama 36830 (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.
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 or landscaping of the Project to a condition which approximates as closely
as is reasonably practicable the condition of said improvements and landscaping 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.
006.153729.1
2
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.
•
006.153729.1
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:
FOXFIRE APARTMENT ASSOCIATES, a
Flori. . en.ral partnership
Pr' me Scott D. Clark By Al
• N. W: I '- '`` c�C
/H T' 'L� Title: £ s!r rf Ma' ✓c I /Mi
Print Name Ginger L. Hodges v' rar /hC
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 4 day of
2000, by ablif L• ra6flna, as Slf<c% of
Foxfire Apartment Associates. He/She is ,® personally known to me or ❑ has
produced as identification.
WITNESS my hand and official seal in the Counj and Stat resaid this
Litt-
day
off, 1"""` 2000.
Notary ' blic
Print Name
Pv.Fr_: Scott D.Clark
• MY COMMISSION#CC615415 EXPIRES My Commission Expires:
February 3,2001
1of:Of BONGED THRu TROY FAIN INSURANCE,INC 4144 OF Md ff Ode 4,a417,Vel v ,14/J j Ac .
'e 1f fl/
006.153729.1 - 4
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: 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 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
006.153729.1
Exhibit A TCE - 29 LEGAL DESCRIPTION
Page I of 2 TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
(Temporary Construction Easement)
A STRIP OF LAND BEING THE NORTH 5.00 FEET OF THE WEST 24.00 FEET OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5675, PAGE 1534, PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA. LESS THAT PORTION DESCRIBED IN OFFICIAL RECORDS BOOK
5782, PAGE 1522, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID STRIP OF LAND
BEING CONTIGUOUS ;KITH AND ADJACENT TO THE EASTERLY RIGHT—OF—WAY LINE OF
MAGUIRE ROAD.
CONTAINING 120 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 7HE FLORIDA LICENSED SURVEYOR AND MAPPER. IDENTIFIED
BELOW.
(2) BEARINGS SHOWN HEREON ARE ASSUMED RELA77VE 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 DESCRIP770N- HEREON HAS B EEN 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 INSTRUC77ONS.
DAM A. WHITE, P.S.M.
FLORIDA REGISTRATION NO. 4044
PROFESSIONAL ENGINEERING CONSULTANTS INC.
CERTIFICATE OF AUTHORIZATION NO. LB-3556
SHEET 1 OF 2
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suit. 1560 • Eoa Part Centre • 200 East Robison Strait • Orlando. A rida J2801 • 407/422-8062
1
Exhi29 TCE LEGAL DESCRIPTION
- �9
Page 2 of 2 - TEMPORARY CONSTRUCTION EASEMENT
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SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR LEGAL
DESCRIPTION AND SURVEYORS NOTES THIS IS NOT A SURVEY
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners - surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 1550 • Edo Pak Centre • 200 East Retinae Street • Wanda. Florida 3209:11 • 407/422-8062
SECTION 3Z. TOMSHIP 22 SOUTH. RANGE 28 EAST