VII(J) Authorization For Mayor And City Clerk To Execute Interlocal Agreement With Orange County Board Of Commissioners Regarding Lake Lilly Drainwell Agenda 8-15-2000
Item VII J
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
may COMMISSIONERS
. CITY OF OCOEE DANNY HOWELL
: � p
150 N.LAKESHORE DRIVE
" 0 SCOTT ANDERSON
OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
Vey>XV��'� (407)905-3100 NANCY J.PARKER
F ♦.
Op (,00V CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
DATE: July 31, 2000
TO: The Honorable Mayor and Board of City Commissioners
FROM: Rosanne M. Gavrilovic, Engineer I (m(r
THROUGH: James W. Shira,P.E., City Engineer/Utilities Director
SUBJECT: Lake Lilly Drainwell
Due to deterioration of the existing drainwell and drainage problems experienced by the residents
located within the Lake Lilly and Lake.Pearl drainage basin, the construction of a new drainwell
was proposed. The new construction was deemed the most cost-effective method of protecting
the residential area from potential flooding due to the rising flood elevation of the lakes.
Residents of both the City of Ocoee and Orange County are located within this drainage basin,
therefore an Interlocal Agreement between the City and County was entered into.
The agreement provided for Orange County to be responsible for the construction of the new
drainwell and the abandonment of the existing drainwell. The City of Ocoee would then take
over ownership and maintenance of the drainwell, considering it is located within the corporate
limits of Ocoee.
Florida Department of Environmental Protection(DEP) and St. Johns River Water Management
District (SJRWMD) were informed of the project. An exemption letter from DEP is dated
December 24, 1998, and the SJRWMD permit is dated March 4, 1999. The construction was
completed and a final as-built inspection was performed by SJRWMD on February 25, 2000.
Easements had to be obtained from Heller Brothers and West End Professional Park Property
Owners Association, Inc. in order to gain access to the drainwell for maintenance purposes.
These documents were executed on March 31, 1999, recorded by the City on June 15, 2000 (after
completion of the construction) and forwarded to Orange County.
The Interlocal Agreement was signed and executed by the Orange County Board of
Commissioners on July 18, 2000. The document was returned to the City and is awaiting
execution by the Ocoee City Commission. I recommend the City Commission authorize the
Mayor and City Clerk to execute the attached Interlocal Agreement. f//
POWr
Protect Ocoee's Water Resources
Y1
11(\RA� PUBLIC WORKS DEPARTMENT . STORMWATER MANAGEMENT DIVISION
- M. KRISHNAMURTHY, Ph.D., P.E.,Manager
/ a; �*,' 4200 South John Young Parkway.Orlando,Florida 32839
COUNTY (407)836-7990•Fax(407)836-7770
E-Mail:M.KRISHNAMURTHY@co.orange.fl.us
GOVERNMENT
FL o RI D A IF
II P
JUL 2 6 2000
July 24, 2000
James W. Shira, P.E.
City Engineer/Utilities Director
150 N. Lakeshore Drive
Ocoee, Florida 34761
Subject: Interlocal Agreement between Orange County and the City of
Ocoee for the Lake Lilly Drainwell
Dear Mr. Shira:
Enclosed are two original agreements signed and executed on July 18, 2000 by the Board of
County Commissioners for the subject project. Please obtain the appropriate signatures, and
return one fully executed original to my attention. If you are unable to return a fully
executed original before August 18, 2000, please notify me by e-mail or in writing of the
reason for the delay prior to that date.
Sincerely,
PIELay
Penny R. Post, E.I.
Engineer II
PRP/ad
Enclosures
cc: Mark V. Massaro, P.E., Deputy Director, Public Works Department
Deodat Budhu, P.E., Manager, Roads &Drainage Division
Michael J. Drozeck, P.E., Senior Engineer, Stormwater Management Division
APPROVED
BY ORANGE COUNTY BOARD
OE. COUNTY COMMISSIONERS
J U L 18 20f#1 14/kl G k.
ORANGE COUNTY AND CITY OF OCOEE
INTERLO CAL AGREEMENT
FOR THE LAKE LILLY DRAINWELL
THIS AGREEMENT is entered into by and between Orange County, a political
subdivision of the State of Florida(hereinafter referred to as COUNTY), and the City of Ocoee, a
Florida municipal corporation(hereinafter referred to as CITY).
WHEREAS,the CITY and the COUNTY are authorized under Section 163.01 of the
Florida Statutes to enter into Interlocal Agreements to exercise jointly any power, privilege or
authority which the CITY and the COUNTY share in common and which each might exercise -
separately; and
WHEREAS,proper management of stormwater is necessary to protect the public health,
safety and welfare and to extend the life of surface and groundwater resources; and
WHEREAS, there is an existing ten inch(10") drainwell located on the north side of
Lake Lilly, within the Northwest quarter of Section 29, Township 22 South, Range 28 East, at
Latitude 28°32' 48", Longitude 81° 32' 04" (the "Existing Drainwell"); and
WHEREAS, the CITY and the COUNTY agree that the Existing Drainwell located on the
north side of Lake Lilly does not provide a reliable drainwell outfall for Lake Lilly (located
within the CITY) and Lake Pearl (located within the COUNTY); and
WHEREAS,the CITY and the COUNTY agree that the abandonment of the Existing
Drainwell and replacement with a new ten inch(10") drainwell located approximately one
hundred twenty-five feet(125') east of the Existing Drainwell (the "New Drainwell") will be
beneficial to the health, safety and welfare of the citizens of both the CITY and the COUNTY;
and
1
WHEREAS, the CITY and the COUNTY deem that it is in the best interests of both the
CITY and the COUNTY to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and given one to the other, the sufficiency of which is hereby acknowledged, the CITY
and the COUNTY mutually agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated herein by
reference.
2. This Agreement is an Interlocal Agreement entered into pursuant to Section 163.01,
Florida Statutes, the Florida Interlocal Cooperation Act of 1969, as amended.
3. The CITY and the COUNTY acknowledge that the COUNTY will be the permittee and
will be responsible for obtaining the required permits from the Florida Department of
Environmental Protection ("FDEP") and the St. Johns River Water Management District
("SJRWMD") for the proposed abandonment of the Existing Drainwell and construction of the
New Drainwell at Lake Lilly.
4. The CITY and the COUNTY acknowledge that the construction of the New Drainwell
and the abandonment of the Existing Drainwell will be performed by a contractor or contractors
(the"Contractor(s)") selected by the COUNTY.
5. Any contract between the COUNTY and its Contractor(s) shall provide that the CITY is a
third party beneficiary to such contract, and the COUNTY shall provide copies of any such
contracts to the CITY for its review to ensure such third party beneficiary status.
6. The CITY and the COUNTY acknowledge that the CITY will be responsible for
recording the permanent drainage easements as described in Exhibits "A" and"B" attached
hereto and incorporated herein, obtained from Heller Brothers Groves, Inc. for the purpose of
accessing and maintaining the New Drainwell.
2
7. The CITY and the COUNTY acknowledge that the COUNTY will transfer ownership of
the New Drainwell to the CITY after construction is completed and accepted by the COUNTY,
and any agencies requiring permits (such as FDEP and SJRWMD) for construction of the New
Drainwell and abandonment of the Existing Drainwell.
8. The CITY and the COUNTY acknowledge that after the COUNTY transfers ownership
of the New Drainwell to the CITY,the CITY shall be responsible for maintaining the New
Drainwell in perpetuity.
9. The CITY agrees that the COUNTY shall have the right to access the New Drainwell to
perform cleaning during emergency flooding situations.
10. Any notice required or allowed to be delivered hereunder shall be in writing and shall be
deemed to be delivered when (i)hand-delivered to the official hereinafter designated, or (ii)three
(3) days after deposit in the United States mail,postage prepaid, certified mail, return-receipt
requested, addressed to the party at the address set forth opposite the party's name below, or such
other address as the party shall have specified by written notice to the other party delivered in
accordance herewith, or (iii) the date of actual receipt of a courier delivery or facsimile
transmission;
As to County: Orange County
County Administrator
201 S. Rosalind Avenue
Orlando, FL 32801
With copy to: Dr. M. Krishnamurthy
Orange County Public Works Department
Orange County Stormwater Management Division
4200 South John Young Parkway
Orlando, Florida 32839-9205
As to City: James W. Shira,P.E.
City Engineer/Utilities Director
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
3
1. To the extent provided by Florida law,the CITY shall indemnify and hold harmless the
COUNTY, its agents, employees and elected and appointed officials, from and against all claims,
damages, losses, and expenses (including attorney's fees and costs and attorney's fees and costs
on appeal) arising out of or from the negligent performance or intentional misconduct in relation
to the obligations and duties to be performed by the CITY, its agents, contractors, subcontractors,
or anyone for whose acts the CITY may be liable.
2. To the extent provided by Florida law,the COUNTY shall indemnify and hold harmless
the CITY, its agents, employees and elected and appointed officials, from and against all claims,
damages, losses, and expenses (including attorney's fees and costs and attorney's fees and costs
on appeal) arising out of or from negligent performance or intentional misconduct in relation to
the obligations and duties to be performed by the COUNTY, its agents, contractors, or
subcontractors, or anyone for whose acts the COUNTY may be liable.
3. This Agreement may be modified or terminated only upon written agreement executed by
both parties.
4. In the event any provision hereof is determined to be unenforceable or invalid, such
unenforceability or invalidity shall not affect the remaining provisions of this Agreement, which
shall remain in full force and effect. To that extent,this Agreement is deemed severable.
4
•
5. This Agreement constitutes the entire Agreement and shall inure to the benefit of all
heirs,personal representatives, successors, assigns and transferees of the parties.
6. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates
indicated below.0)b'��p
T CO IV ORANGE COUNTY, FLORIDA •
0.
czs -.�z � ' By: Board of County Commissioners
I a ,45' ''. 4
17-4
BY: if azoleet..e:. ,e1,41.- •
I: f I Mel Martinez
.%3 , :,;., ' J-"--,- ,i,4;40_
Orange County Chairman
�'cO� Date: 7•/S r, _
Attest: Martha O. Haynie, Orange County Comptroller
As Clerk o Bo o County Commissioners
By: /
Deputy rk
•
CITY OF OCOEE
By:
Mayor
Date:
Attest:
By:
•
City Clerk
City of Ocoee
APPROVED BY OCOEE CITY COUNCIL
ON , 2000
5
Orange Co FL 2000-0248770
06157:000 03:26: 18pm
THIS INSTRUMENT PREPARED BY OR Pk GO R q `I T
Rec 4, c f0
Scott A. Cookson,Esq.
•
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, Florida 32802-2193
(407)423-7656 •
AFTER RECORDING RETURN TO:
Jean Grafton,City Clerk
CITY OF OCOEE
�, 150 North Lakeshore Drive For Recording Purposes Only
Ocoee,Florida 34761
NON-EXCLUSIVE EASEMENT
THIS NON-EXCLUSIVE EASEMENT (the "Easement"), is made and entered into as
of the Y1^± day of 17a , 1999 by and between WEST END PROFESSIONAL
PARK PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation
whose mailing address is Post Office Box 770249, Winter Garden, Florida 34777-0249
(hereinafter "Grantor") and 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 mailing
address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter"Grantee").
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 Grantee, the receipt and sufficiency of which is
hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey and warrant to the
Grantee, its successors and assigns forever, a nonexclusive easement over, through and under
that certain piece, parcel or tract of real estate situation in the County of Orange, State of Florida,
more particularly described as:
SEE SCHEDULE "A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE (the `Basement Area").
The easement granted is more particularly described as the nonexclusive right and
privilege of the Grantee and its agents, consultants and representatives to enter over, on, through
or under the Easement Area, for the purpose of installing, maintaining, operating and repairing a
drainwell located at the north end of Lake Lilly, together with the rights, easements, privileges
and appurtenances in or to the Easement Area which may be required for the full enjoyment of
the rights herein granted. The easements, rights and privileges granted herein shall be perpetual.
Grantor, its successors and assigns, expressly reserve the right to require, at any time and
at Grantor's expense, the relocation of the Easement Area to another location within the
•
OR Pk 6 0 24 Po -42
Or,anoe Co FL 2000-0248770
Grantor's property adjacent to and in the vicinity of the Easement Area as of the date hereof
("Grantor's Adjacent Land") should Grantor determine that the location of the Easement Area is
inconsistent with Grantor's proposed use of the Easement Area and/or Grantor's Adjacent land;
provided, however, that such relocated Easement Area shall be consistent with the purposes of
this Easement.
To the extent permitted by law, Grantee shall indemnify and hold harmless Heller Bros.
Groves, its partners and West End Professional Park Property Owners Associates, Inc., a Florida
not-for-profit corporation, and their respective successors and assigns, from and against all liens,
liabilities, rights, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings,
actions and costs (including, without limitation, reasonable attorneys fees and costs at both the
trail and appellate level) of any kind or nature arising or growing out of or in any way connected
or alleged to have arisen out of or been occasioned by, in whole or in part, by the exercise by
Grantee, and its agents, consultants, and/or representatives of any rights and privileges pursuant
to this Easement. This paragraph shall survive the termination of the Easement.
The Grantor hereby covenants with the Grantee that Grantor is lawfully seized of said
land in fee simple; that Grantor has good right and lawful authority to sell and convey the said
easement, and that the Easement Area is free of all liens, mortgages and encumbrances of every
kind except for real property taxes not delinquent and matters in the Public Records of Orange
County, Florida.
IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed by is
duly authorized partner as of the day and year first above written.
Signed, sealed and delivered WEST END PROFESSIONAL PARK
in the presence of: PROPERTY OWNERS ASSOCIATION, INC.
a Florida not-for-profit corporation
•
By.
P • t N U4s me:
Title: 20%
Prin-- . l_ — c so--ZPL
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day before me, an officer duly uthorize�� e State� and
County aforesaid to take ackno ledgements, personally appearecl?./". ACC
well known to me to be the // / . of WEST El, PROFESSIONAL
PARK PROPERTY OWNERS ASSOCIATIONS, INC., a Florida not-for-profit corporation,
and that he acknowledged executing the same in the presence of two subscribing witnesses freely
•
and voluntarily under the authority duly vested in him by said not-for-profit corporation. He is k]•
personally known to me, or [ ] produced as identification.
WI NESS my hand and official seal in the County and State last aforesaid this. 3t
day of , 1999.
{Notary Seal must be affixed}
• .[!.
Sign•.•U -:y , KATHRYN E.DAVIS
':�- MY COMMISSION#CC 749334
•
w•��� EXPIRES:June 27,2002
Name o�`" •.=r, • .
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
•
OR Bk 6OL24 Po -2 9
Oran q e Co FL 2000-0248770
SKETCH OF DESCRIPTION
SCHEDULE "A" OR Pk 6 c);2.4 P
Orange Co FL 2000-0248770
A PORTION OF TRACT 'B' CONSERVATI❑N AREA DRAINAGE EASEMENT AS
PER PLAT OF WEST END PROFESSIONAL PARK UNIT 1 RECORDED IN
PLAT BOOK 34 PAGE 139 ORANGE COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS!
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE
•
NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY FL❑RIDA) THENCE RUN S 00'29'22' E A DISTANCE OF
341.48' ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 29j THENCE LEAVING SAID EAST LINE OF THE NORTHWEST 1/4
OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EASTj
RUN S 34'07'02' W A DISTANCE OF 54.38' TO A POINT ON THE NORTH
BOUNDARY OF TRACT 'B' C❑NSERVATI❑N AREA DRAINAGE EASEMENT
AS PER PLAT OF WEST END PROFESSIONAL PARK UNIT 1 RECORDED
IN PLAT BOOK 34 PAGE 139 ORANGE COUNTY, FLORIDA, SAID POINT
ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL. FROM SAID POINT OF BEGINNING, CONTINUE S 34'07'02' W A DISTANCE •
OF 13.58'j THENCE RUN N 55'52'58' W A DISTANCE OF 15.00'j THENCE
RUN N 34'07'02' E A DISTANCE OF 4.86' TO THE NORTH BOUNDARY OF THE
AFOREMENTIONED TRACT 'B'j THENCE RUN S 86.02'35' E ALONG THE NORTH
LINE OF SAID TRACT 'B' A DISTANCE OF 17.35' TO THE POINT OF BEGINNING.
CONTAINING 138 SQUARE FEET OF LAND MORE OR LESS.
i ORANGE COUNTY, FLORIDA
ENGINEERING DEPARTMENT - SURVEY SECTION
•
4200 SOUTH JOHN YOUNG PIM% ORLANDO FLORIDA 32829-9205
TdLSPIfONS NO. 1407)-836-7940
BY DATE
•
SECTIONS 29 SCALES N.T.S. SURVEYED,
TOVNSHIPS 22 CALC.SS M. CORTES 8-24-98
•
RANGE' 28 SHEET' 1 OF 2 DRAWN' C. ZIMMERMAN 8-27-98
DRAWING INDEX NO.1 CHECKED D. McKEE 11-27-914
•
SKETCH OF DESCRIPTION
SCHEDULE " "
OR Bk 6 0:_4 F'gq -4�E. 1
•,'CATEOFFLG'?�A-COUNT''OL ORANGE cc`�rp;, Orange Co FL 2000-0248770
I HEREBY C%:, iFY that t;•.:_, is a cc-7 of f''' :[';
the c oairnC;::c,: corded in t;w o cc o� Recorded -
,HAYNIE,C DITY COMtPThO?LC•It `'  ;; •
POINT OF COMMENCEMENT Martha 0. Haynie
,� ,D.C. '� �-� l• CENTERLINE NORTHEAST CORNER OF SOUTH 1/2
�bc�� ;:�`''' PROFESSI❑NAL PARKWAY OF NORTHWEST 1/4 OF SECTION 29
` (60 RIGHT- OF WAY) (PLAT) \ TOWNSHIP 22 SOUTH, RANGE 28 EAST
r
cn Cl/ / N8929'41'E
300.00' o EAST LINE OF
THE NORTHWEST 1/4
\ 3 SECTION 29,
�oZ o BOOK 3786, PAGE 1018 TOWNSHIP 22 SOUTH
•� 17,3$' A^ a w \ f RANGE 28 EAST
2 ,E �`` `) POINT OF N o PUBLIC RECORDS OF N
31
� bo S86.0� 35 BEGINNING ��S4��NGE COUNTY, FLORIDA ri
\ �` BOOK 2665, PAGE 633 \3\'f CENTERLINE CO
�� • PUBLIC RECORDS OF 4� 15' UTILITY EASEMENT
'y711ri ORANGE COUNTY, FLORIDA \63, BO❑K 4263, PAGE 1607\ rS�, 5 \\ SROS8- r'� ~ j --- \
\ / `/s 15' UTILITY EASEMENT SEE I
CENTERLINE
DETAIL A—A / _BOOK 4263, PAGE 1607 DETAIL A-A
N81•53 su'E S86.0 32 32 g•E POINT OF
i v 33'64' I9I.s0' BEGINNING
\°4"ir y
SURVEYORS NOTES: LAKE LILLY
�9��„K, TRACT 'B' CONSERVATION AREA DRAINAGE EASEMENT
1. BEARINGS ARE'BASED ON THE EAST LINE AS PER PLAT OF WEST END PROFESSIONAL PARK UNIT 1
OF THE NORTHWEST 1/4, OF SECTION 29, ay6 9' PLAT BOOK 34, PAGE 139 ORANGE COUNTY, FLORIDA. N
TOWNSHIP 22 SOUTH, RANGE 28 EAST `� rj
BEING S 00'29'22' E, AS PER PLAT OF WEST END LINE I DIRECTION I DISTANCE !U
PROFESSIONAL PARK UNIT 1, PLAT BOOK 34, PAGE 139
OF THE PUBLIC RECORD OF ORANGE COUNTY, FLORIDA. , Ll S 32'20'27' W 16.97' ru
�
L2 S 39'17'08' W 193.63' iu
ORANGE
AO l/vG()• ciee4 ENGINEERING DEPCO[IIVTY, FLORIDA
ION
4200 SOUTH JOHN YOUNG PAW.., ORLANDO ILORMA 32839-92O5
DANN T. McKEE --------
SKETCH AND LEGAL DESCRIPTION TELEPHONE NO. f4073-83ff-7940
REGISTERED LAND SURVEYOR AND MAPPER
'STATE OF FLORIDA . LICENSE NO. 4168 THIS IS NOT A BOUNDARY SURVEY, NOR HAS FIELD BY DATE
NOT VALID WITHOUT THE SIGNATURE AND THE WORK BEEN PERFORMED IN ACCORDANCE WITH 61G17-6, - SECTIONS 29 SCALE' 1' = 60' SURVEYED'
- ORIGINAL RAISED SEAL OF A FLORIDA LICENSED FLORIDA ADMINISTRATIVE CODE FOR PREPARATION OF TOWNSHIPS 22 CALC.SS M. CORTES 8-24-98
•SURVEYOR AND MAPPER. THIS DRAWING. RANGES 28 SHEETS 2 OF 2 DRAWN, C. ZIMMERMAN 8-27-98
DRAWING INDEX NO.' CHECKED, D. HcKFF n-a7-on
Oranoe Co FL 2000-0248769
06152000 03:26: 18pm
THIS INSTRUMENT PREPARED BY OR Bk 6024 P p 4 i=5
Rec 24. 00
Scott A. Cookson,Esq.
FOLEY& LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, Florida 32802-2193
(407)423-7656
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive For Recording Purposes Only
Ocoee, Florida 34761
NON-EXCLUSIVE EASEMENT
THIS NON-EXCLUSIVE EASEMENT (the "Easement"), is made and entered into as
of the 3/,0-/day of 1999 by and between HELLER BROS. GROVES, a
Florida general partnershi whose mailing address is Post Office Box 770249, Winter Garden,
Florida 34777-0249 (hereinafter "Grantor") and 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 mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter
"Grantee").
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 Grantee, the receipt and sufficiency of which is
hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey and warrant to the
Grantee, its successors and assigns forever, a nonexclusive easement over, through and under
that certain piece, parcel or tract of real estate situation in the County of Orange, State of Florida,
more particularly described as:
SEE SCHEDULE "B" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE (the "Easement Area").
The easement granted is more particularly described as the nonexclusive right and
privilege of the Grantee and its agents, consultants and representatives to enter over, on, through
or under the Easement Area, for the purpose of installing, maintaining, operating and repairing a
drainwell located at the north end of Lake Lilly, together with the rights, easements, privileges
and appurtenances in or to the Easement Area which may be required for the full enjoyment of
the rights herein granted. The easements, rights and privileges granted herein shall be perpetual.
Grantor, its successors and assigns, expressly reserve the right to require, at any time and
at Grantor's expense, the relocation of the Easement Area to another location within the
• OR Bk 6024 Pg 4`5
Orange Co FL 2000-0248769
Grantor's property adjacent to and in the vicinity of the Easement Area as of the date hereof
("Grantor's Adjacent Land") should Grantor determine that the location of the Easement Area is
inconsistent with Grantor's proposed use of the Easement Area and/or Grantor's Adjacent land;
provided, however, that such relocated Easement Area shall be consistent with the purposes of
this Easement.
To the extent permitted by law, Grantee shall indemnify and hold harmless Heller Bros.
Groves, its partners and West End Professional Park Property Owners Associates, Inc., a Florida
not-for-profit corporation, and their respective successors and assigns, from and against all liens,
liabilities, rights, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings,
actions and costs (including, without limitation, reasonable attorneys fees and costs at both the
trail and appellate level) of any kind or nature arising or growing out of or in any way connected
or alleged to have arisen out of or been occasioned by, in whole or in part, by the exercise by
Grantee, and its agents, consultants, and/or representatives of any rights and privileges pursuant
to this Easement. This paragraph shall survive the termination of the Easement.
The Grantor hereby covenants with the Grantee that Grantor is lawfully seized of said
land in fee simple; that Grantor has good right and lawful authority to sell and convey the said
easement, and that the Easement Area is free of all liens, mortgages and encumbrances of every
kind except for real property taxes not delinquent and matters in the Public Records of Orange
County, Florida.
IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed by is
duly authorized partner as of the day and year first above written.
Signed, sealed and delivered HELLER BROS. GROVES,
in the presence of: a Florida general partnership
By: Heller Bros. Packing Corp, a Florida
corporation managing gel al ner
B •
Print ame: vi S •
Title:
Pric. (CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day before me, an officer duly au orized in th St
County aforesaid to take acknowledgements,personally appeared l/ _
well known to me to be the e�i (7){/- of Heller Bros. Packing Corp., a
Florida corporation, managing general partner of HELLER BROS. GROVES, a Florida general
partnership, and that he acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under the authority duly vested in him by said corporation and
partnership and that the seal affixed thereto is the true corporate seal of said corporation. He
personally known to me, or [ ] produced " as identification.
WITNESS y hand and official seal in the County and State last aforesaid this
day of �� , 1999.
{Notary Seal must be affixed}
Sig �;* `0 ;. HRYN E.DAVIS
x ,:, M. COMMISSION#CC 749334
EXPIRES:June 27,2002
• ••d' Bonded Thru Notary Public Underwriters
Nam' • 'O ary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
OR Bk 6 0 4+ P 9 Li- ,c_r A-
Orange Co FL 2000-0248769
SKETCH OF DESCRIPTION
SCHEDULE "B" tj
0
DO
LLCU
L.L
�•�J O
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE
NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 1.0
ORANGE COUNTY, FLORIDA) THENCE RUN S 00'29'22' E A DISTANCE OF .x EIS
S-
o
331.17' ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID o
SECTION 29) TO THE P❑INT OF BEGINNINGS THENCE C❑NTINUE S 00'29'22' E
ALONG THE EAST LINE OF THE AFOREMENTIONED NORTHWEST 1/4 OF SECTION 29,
T❑WNSHIP 22 SOUTH, RANGE 28 EAST A DISTANCE OF 10.31') THENCE
RUN S 34'07'02' W A DISTANCE OF 54.38' TO A P❑INT ON THE NORTH
BOUNDARY OF TRACT 'B' CONSERVATION AREA DRAINAGE EASEMENT OF
WEST END PROFESSIONAL PARK UNIT 1 ACCORDING TO THE PLAT RECORDED
IN BOOK 34, PAGE 139, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA) THENCE RUN N 86'02'35' W ALONG SAID NORTH BOUNDARY A
DISTANCE OF 17.35'; THENCE LEAVING .SAID BOUNDARY RUN N 34'07'02' E
A DISTANCE OF 58.42'J THENCE RUN N 00'29'22' W A DISTANCE OF 5.77'1
THENCE RUN N 90'00'00' E A DISTANCE OF 15.00' TO THE POINT OF BEGINNING
C❑NTAINING 967 SQUARE FEET OF LAND MORE OR LESS,
ORANGE COUNTY FLORIDA
ENGINEERING DEPARTMENT' - SURVEY SECTION
• 4200 SOUTH JOHN YOUNC PAW... ORL NDO FLORIDA 32839-92OS
TELEPHONE 110. 1407)-838-7940
BY DATE
SECTION' 29 SCALE' N.T.S. SURVEYED'
TOWNSHIP' 22 CALC.Su M. CORTES 8-24-98
RANGE' 28 SHEET' I OF 2 DRAWN' C. ZIMMERMAN 8-27-98
• DRAWING INDEX NO CHECKED D. McKEE 8-27-98
;'fa'I'1;OF oB�-� OF ORANGE ..l C0M91 i¢o
that this i,O caliY aP o }��;., p
I HEItFBY CERTIFY this 0.fi.. �' L��. Lf
SKETCH OF DESC �° 1 °° ° R (:9, °Ro ang` FL 2000-02 8 69
.cam D.C. �-
SCHEDULE "B" �� � - — �� -' ,�ti
By: l5 `ccurr�•• Rec:::::r- Mar,tha 0. Haynie
DATED:
POINT OF COMMENCE
CENTERLINE NORTHEAST CORNER OF SOUTH 1/2
PROFESSIONAL PARKWAY OF NORTHWEST 1/4 OF SECTION 29
TOWNSHIP 22 SOUTH, RANGE 28 EAST
// \ (60' RIGHT OF WAY) CPLAT� -- --
T
M
/ N90'00'00'E N89'29'41'E EAST LINE OF
BEGINNING
15.00' kl
POINT OF
N00.29'22'W \ 300.00' o SECTION 29,EST 1/4
-_____' _ �' •' ti BOOK 3786, PAGE 1018
fU TOWNSHIP 22 SOUTH,
t___52z:__...>. Ar • .,` �1 RANGE 28 EAST
PUBLIC RECORDS OF r3
'. ` ,' ' S00'29'22'E N o ORANGE COUNTY, FLORIDA n;
.� 10.31' ��s447\ rn
I �p2 .•.� . 2 + BOOK 2665, PAGE 633 \\�f CENTERLINE Cl)
1 ,p15' UTILITY EASEMENT W
"C.,..5
cb
PUBLIC RECORDS OF � fee s, BOOK 4263, PAGE 1607 r
•p^ •
/ "�•p^� / ORANGE COUNTY, FLORIDA \\ /—' 151 - POINT OF
�. p•
41
........ S —— , ® BEGINNING
\ N86'02'35'W CENTERLINE m
17.35' ✓s 15' UTILITY EASEMENT I Ni
V
_BOOK 4263, PAGE 1607
` 1181'S3 50'E
S86. 20 35'E
DETAIL A-A v 33.64 19.1.50'
/77 •r y
0
SURVEYORS NOTES: /��,�2� LAKE LILLY DETAIL A m
I. BEARINGS ARE BASED ON THE EAST LINE y,,v�b5 TRACT 'B' CONSERVATION AREA DRAINAGE EASEMENT N
OF THE NORTHWEST 1/4, OF SECTION 29, !� ,49' AS PER PLAT OF WEST END PROFESSIONAL PARK UNIT 1 p
TOWNSHIP 22 SOUTH, RANGE 28 EAST PLAT BOOK 34, PAGE 139 ORANGE COUNTY, FLORIDA.
BEING S 00'29'22' E, AS PER PLAT OF WEST END ru
PROFESSIONAL PARK UNIT 1, PLAT BOOK 34, PAGE 139 LINE I DIRECTION I DISTANCE iv
OF THE PUBLIC RECORD OF ORANGE COUNTY, FLORIDA. v v
Ll S 32'20'27' V 16.97' ro
r
L2 S 39'17'08' W 193.63' ' '
1 ORANGE COUNTY. FLORIDA
( a .vimn'e ENGINEERING DEPARTMENT - SURVEY SECTION
/'( 4200 SOUTH JOHN'YOUNG PR7Y., ORLANDO PLORID1,32838-9206
DANN L. McKEE SKETCH AND LEGAL DESCRIPTION TELEPHONE NO. fi07)-836-7940
REGISTERED LAND SURVEYOR AND MAPPER BY DATE
STATE OF FLORIDA LICENSE NO. 4168 THIS IS NOT A BOUNDARY SURVEY, NOR HAS FIELD
NOT VALID WITHOUT THE SIGNATURE AND THE WORK BEEN PERFORMED IN ACCORDANCE WITH 61G17-6, SECTION' 29 SCALE' I' = 60' SURVEYED'
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED FLORIDA ADMINISTRATIVE CODE FOR PREPARATION OF TOWNSHIPu 22 CALC.SI H. CORTES 8-24-98
SURVEYOR AND MAPPER. THIS DRAWING. RANGE' 28 SHEET' 2 OF 2 DRAWN' C. ZIMMERMAN 8-27-98
DRAWING INDEX NW CHECKED' A McKEE 8-27-98