II (2) Approval and Authorization for Mayor and City Clerk to Execute Necessary Documents Agreement from Centex Homes Agenda 6-26-2000
Item No. II 2
FOLEY & LARDNER
AT TORNFFS AT LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO. FLORIDA 32002-2193 SAN DIEGO
JACKSONVILLE I I I NORM ORANGE AVENUE. SURE I 800 SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 32E10I-2386 TALLAHASSEE
MADISON TELEPHONE: 1407/423-7666 TAMPA
MILWAUKEE FACSIMILE. 14091540-1743 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 J\
THROUGH: Paul E. Rosenthal, City Attorney
DATE: June 9, 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 Centex Homes ("Centex"), a property
owner along Maguire Road. Centex 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 Centex Homes. City staff, however, recommends the payment of $250.00 to
Campbell Properties 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 Centex Homes to cover their costs in
reviewing and executing the agreement.
c: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
L1
006.184209 /,�yLp�
ESTABLISHED 1863 lll///���•"4.17
A MENIEER OF GLOBAL a WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN. FRANKFU84 LoNoON.SINGA-ORE,S-OcKHOLM AND STUTTGART
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A.Doty, Esq.
FOLEY&LARDNER
11 I North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
TCE-25
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2000, by and between CENTEX
HOMES, a Nevada general partnership, whose address is 151 South Hall Lane, Suite
230, Maitland, Florida 32751-7190 (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 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.
006.182497 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.
006.182497 3
•
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: /J
CENTS ,l`I
`
Pr 4 -Q� -11111 Name: -0-R a C S1.1 ttL1 1J'R
Title: 'D0tabfW '141- I.lha&Eit
Pri t Name J• • -
STATE OF rLod o.4---
COUNTY OF $ET,..,e • •-2_-
The foregoing instrument was acknowledged before me this Cday of
'ci• z: 2000, by &i- ' if . irf 4 ,'- asAi/eoPN`_c_/art, of
Centex Homes. He/She is personally known to me or ❑ has produced
as identification.
WITNESS my hand and official seal in the County and State aforesaid this S
day of .c. u...*- 2000. �
Notary Public //
`�\,�SCHgG.... (Su( Ce-L(,:-vcdt-
�•o�1. °ry 22 i Print Name
es�Q e�9cN; My Commission Expires:
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a #cc640749 QZ
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9q<a2pocunr.c p0c
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7"9llct,lii.A1 O\o`e
006.182497 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: lean 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 n 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:
006.182497 5
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
(Temporary Construction Eose nen t)
A STRIP OF LAND LYING WHIN THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5584 PAGE
1176, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF THE ABOVE REFERENCED LANDS FOR A POINT OF
REFERENCE, SAID POINT LYING 50.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, THE
EAST LINE OF THE SOUTHEAST QUARTER OF SECTION JO, TOWNSHIP 22 SOUTH, RANGE 28 EAST
AND ALSO L Y/NC ON THE WESTERI Y RIGHT-OF-WAY LINE OF MAGU/RE ROAD; THENCE RUN
NORTH OO J9 02- WEST. ALONG SAID WESTERLY RIGHT-OF-WAY IJNE. 117.00 FEET TO THE
POINT Or BEGINNING THENCE RUN SOUTH 897058" WEST, 49.00 FEET 70 A POINT LYING
49.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR, SAID WESIERL Y RIGHT-OF-WAY LINE;
THENCE RUN NORTH 00:1902' NEST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE,
106.00 FEET; THENCE RUN NORTH 897058" EAST, 49.00 FEET TO A POINT LYING ON SAID
WESTERLY RIGHT-OF-WAY LINE; THENCE RUN SOUTH 007902' EAST, ALONG SAID RICHT-
OF-WAY LINE, 106.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 8194 SQUARE FEET, MORE OR LESS
SURVEYOR'S NOTES:
(i) 7ORIGINAL RFNSED SEAL OFFUR FLORIDA LICENSEDN LSURVEYORE ANO MAPPER IDENTIFIED
D
BELOW.
(2) BEARINGS SHOWN (HEREON ARE ASSUMED RELATIVE TO THE EAST UNE OF THE
SOUTHEAST QUARTER OF SECTION JO, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BE/NC
NORTH 0039'02" WEST.
(3) THE "LEGAL
DERIPTION' HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE
CLIENT'S SC
(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. WMOE, P.SM.
FLORIDA REGISTRATION NO 4044
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB-3556
SHEET 1 OF 2
PfC I PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suit. 1560 • Cae Port Cann • 200 La:T fWeam s4..( • abase. Poi* ueer . 407/422-8062
SECTION 30, TOVN9II 22 SOUTH, RANGE 28 EAST
WE: 13-13-99 PREP BC P.S. ONAYM BY: AWJ. JC8 MIX OE-]A
Exhibit A
Pace 1 of 2
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
NE. CORNER
e 2 1//
O1 SEC 30-27-28
'SS
Oi
NOT PLATTED N
5892058'W _
NORTH LINE. O.R.H. 5563• PC. 7176 50.00'
(FGFNO
v.ac Poser r!Cd/AIENQYEN1 CC)
POW!Or 6fONNNG IN (‘ISEC SECTION �,
RAM PION-Or-W.IY N ry
OR alrlaAL RECOVOS BOON CN I i SCALE
PG Q N cn
sari sarus tar O.1 h 1' 100'
PLAT 9 ( U O 0W
uc vrurr usnrrNr
Q. ti Laq H
Q J ^1 p V
a Ie '- N
In
0 = N LaiL
0 In
0
H Li
LINE TABLE p I
Line I Bearing Length Q H
L-1N003 "W 9'02 117.001L-4 Ow
QC % i
' L-2 5892058"W 49.00' w
L-3 N0039b2"W 106.00' y C h too n
L-4 N892058 E 49.00' J N J j h
L-5 S0039'O2£ 106.00' a O k 0
i
L-2
P.O.H.
I •
-+ 50.00'
SOUTH LINE. O.R.H. 5583 PC. 1176 P.O.C.
(SE. CORNER
70' U.E. CIR.H. 556.E PG 1176)
LOT 8 LOT 7 ITRACT A
WESMERE A T/OCOEE, UNIT bNE
(PS. 25,/PGS. 170-112A I 1 REwsays.•
REVISE LEGAL DESCRIPTION 5-24-00
SHEET 2 DF 2
SEE SHEET I OF 2 FOR LEGAL 7NlS IS NOT A SURVEY
DESCRIPTION AND SURVEYORS NOTES
PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
Suite 1560 • Edo Pole Curate • SW Owl Robinson Stint • Orlan00, nmd0 SNr • 407/422-0062
SECTION 30, TOtM9UP 22 SOUTH. RANGE 25 EAST
PATE: 8-13-89 I PNEP BY. PS f oaawl BY: A. .S ' JOB Nil 0E-331
Exhibit A
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