III(G) Approval And Authorization For Mayor And City Clerk To Execute Warranty Deed And Easement Agreements With CCN Investments, Inc For Maguire Road Widening Project Agenda 11-07-2000
Item III G
FOLEY & LARD NER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
JACKSONVILLE ORLANDO,FLORIDA 32802-2193 SAN DIEGO
LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 SAN FRANCISCO
MADISON ORLANDO, FLORIDA 32801-2386 TALLAHASSEE
MILWAUKEE TELEPHONE(407)423-7656 TAMPA
ORLANDO FACSIMILE(407)648-1743 WASHINGTON D.C.
WEST PALM BEACH
WR(TER'S DIRECT LINE
(407)423-7656 EMAIL ADDRESS 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, Esq., Assistant City Attorney NO)
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: October 31, 2000
RE: Maguire Road Widening Project: Acquisition from CCN Investments, Inc.
Based on the Maguire Road Widening Project design prepared by PEC, the City
needs to acquire certain property interests from CCN Investments, Inc., also referred to as
David Colburn ("Mr. Colburn"). Mr. Colburn owns the large tract of land located north of
the Holiday Inn and fronting on Maguire Road north of its intersection with State Road 50. A
portion of the property is improved with nursery stock. The City needs to acquire a 20' strip
of right-of-way on the south end of the property and a 10' strip of right-of-way which widens
to an irregularly shaped parcel on the north end of the Maguire Road frontage. To the east of
the northern right-of-way, the City needs to acquire a 10' to 25' temporary construction
easement. To the east of the south 20' right-of-way, the City needs to acquire a 5' slope
easement. Pursuant to a Development Agreement between the City of Ocoee and CCN
Investments, dated November 17, 1998, Mr. Colburn is obligated to convey the right-of-way
and the temporary construction easement to the City at no cost. Accordingly, attached are a
Warranty Deed and a Temporary Construction Easement executed by Mr. Colburn on behalf
of CCN Investments, Inc. for your approval and execution.
The slope easement needed for the roadway project, however, was not
addressed in the Development Agreement. The City did not have this slope easement
appraised. City Staff did, however, make an offer to Mr. Colburn, subject to City
Commission approval, that the slope easement be purchased from Mr. Colburn for the sum of
$3,935.25. This offer was based on an appraisal prepared by DeRango & Associates for the
Lakendon property located directly west of the CCN property on the west side of Maguire
Road. A copy of this appraisal report is available in the Clerk's office for your review. The
offer was arrived at by utilizing the $5.50 per square foot price in the appraisal for the
Lakendon property and applying 90% of that value to the square footage of the slope
ESTABLISHED 1842
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
FOLEY be LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
October 31, 2000
Page 2
easement. The 90% figure was used because the proposed acquisition is a slope easement and
not fee simple title. Mr. Colburn however, has agreed to convey the slope easement to the
City for the amount of $4,835.25. Attached is a Slope Agreement for your review and
execution. We recommend approval for the reasons set forth below. In the absence of a
negotiated acquisition, it would be necessary for the City to condemn this slope easement.
The City would then need to have the property appraised. The cost of preparing for a
condemnation action alone would more than likely exceed the additional $900.00 requested by
Mr. Colburn.
RECOMMENDATION:
Approve the Warranty Deed, Temporary Construction Easement and Slope
Easement executed by David Colburn on behalf of CCN Investments, Inc., authorizing
execution thereof by the Mayor and City Clerk, and further authorize the Mayor and City
Clerk to execute all documents necessary to close the transaction.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.198734
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
SE-14
NON-EXCLUSIVE PERPETUAL SLOPE
EASEMENT AGREEMENT
THIS NON-EXCLUSIVE PERPETUAL SLOPE EASEMENT AGREEMENT
is made and entered into this _ day of 2000, by and between CCN
INVESTMENTS, INC., a Florida corporation, whose address is 1899 Vista Royale
Boulevard, Orlando, Florida 32835 (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 perpetual slope 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 perpetual slope 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 purposes
of Grantee, through itself, its agents, contractors, consultants, and employees
constructing a side-slope to support the improvements to Maguire Road as part of the
Maguire Road Widening Project, over, through, or under the Easement Property, with
the privilege of entering upon said land for the purpose of maintaining, operating, and
repairing said slope, together with the rights, easements, privileges, and appurtenances
in or to said land which may be required for the full enjoyment of the rights herein
granted.
Section 5. For the full enjoyment of the rights granted herein, the Grantee
shall have the further right to trim, cut, or remove trees, bushes, undergrowth, and
other obstructions or improvements interfering with the location, construction, and
maintenance of the slope improvements.
Section 6. 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. Grantor, however, shall not construct, install, or place
any improvements on, over, under, through, or across the Easement Property without
the prior written consent of Grantee.
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 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.
Section 8. 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 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.
006.191554.1 2
•
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:
CCN I STMENTS, INC., a Florida
corporate
•
Print N e rrs By:
Nam . /1.,7 D Co/ear77
/14— _---- e Its: P/�,�16,4t
Print Name (_--rr--, ka.r f-� cvp
STATE OF FLORIDA
COUNTY OF CWrIA G.E
The foregoing instrument was acknowledged before m this�S-� day of
Z19e.-✓ 2000, b si ''� 4.),.r'\.. as - reS i -+---
of ��CCN,Tnve�stmnts, Inc. I She is ❑ personally known to me or\R has produced
���� „ as identification.
WITNESS my hand and official seal i the County and State aforesaid this
day of b(e►-. 2000. 4 r
a____Q• FNic-4, ,
Notary-Public
Print Name
My Commission Expires:
KATHLEEN O. STOKES
Notary Public,State of Florin
My comm expires Mar 19,2004
No. CC919716
Bonded thru Ashton Agency. Inc (800)451-4854
006.191554.1 3
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:
006.191554.1 4
• - Exhibit A
SE-14
LEGAL DESCRIPTION (PROPOSED SLOPE EASEMENT) Page 1 of 2
That part of Section 20, Township 22 South, Range 28 East, Orange County, Florida, being more particularly
described as follows:
Commencing at the intersection of the North right of way line of State Road 50 and the existing East right
of way line of Maguire Rood; thence North 00'28'49" West a distance of 766.39 feet along aforesaid East
right of way line; thence leaving said right of way line North 89'31'11" East a distance of 10.00 feet
to the POINT OF BEGINNING; thence North 89'28'49" West a distance of 106.76 feet along a line 10.00 feet
east of and parallel with the aforesaid east right of way line to a point of curvature of a curve concave
to the west, having a radius of 560.27 feet, a central angle of 03'53'58" and a chord of 38.12 feet that
bears North 0725'48" West; thence northerly 38.13 feet along the arc of said curve and the aforesaid
parallel line; thence North 85'37'12" East a distance of 5.00 feet to a point of curvature of a curve
concave to the west, having a radius of 565.27 feet, a central angle of 03'53'58" and a chord of
38.46 feet that bears South 02'25'48" East; thence southerly 38.47 feet along the arc of said curve
and a line 15.00 feet east of and parallel with aforesaid east right of way line to a point of tangency;
thence South 00'28'49" East a distance of 106.76 feet along a line 15.00 feet east of and parallel with
aforesaid east right of way line; thence South 89'31'11" West a distance of 5.00 feet to the
POINT OF BEGINNING. CONTAINING 725 square feet, more or less.
SURVEYORS REPORT
1. The bearings shown hereon ore based on the baseline of Maguire Road from Station 218+00 to Station 219+00.
being North 00'28'49" West.
2. See Sheet 2 of 2 for Sketch of Description.
Date: CERT. NO. LB2108 4580'
LEGAL DESCRIPTION August 31, 1999 - •
FOR Job No.: Scale: A 4117. � •l:rr ,. ((,
45800045 NOT TO SCALE • • I" ': .fig L�.
Professional Engineering
Consultants, Inc.
SOUTHEASTERN SURVEYING do MAPPING CORP
CH. 61C17-6, Florida Administrative 324 N. Orlando Avenue
Code reauires that a legal description Maitland, Florida 32751
crowing bear the notation that 407/647-8898
THIS IS NOT A SURVEY.
GAR B. KRICK
REGISTERED LAND SURVEYOR NO 4245
Exhibit A
SKETCH CrDESCRIPTION Page E-14
\ ST _
MERCANTILE
COURT
•
N L=38.13'
t`' R=560.27'
A=03'53'58"
N85'37'12"E CB=NO225'48"W
OCOEE COMMERCIAL PARK r15.00' CHORD=38.12'
PLAT BOOK 26 PAGE 136 L=38.47'
N _.C. R=565.27'
LINE 10.00 FEET EAST OF AND -. P.C. 0=03'53'58"
PARALLEL WITH THE EAST P.T. CB=S02'25'48"E
RIGHT OF WAY LINE 3 w CHORD=38.46'
°'- I °' PROPOSED
N89'31'11'E :t II(°
10.00' ao t>o SLOPE EASEMENT
o Il-b
NZ I I N UNE 15.00 FEET EAST OF AND
N PARALLEL WITH THE EAST
A . RIGHT OF WAY UNE
5.00'
S89'31'11"W
p W
Z
Q POINT OF BEGINNING
0°' 3
N v
f0
1—
n
n xx v5
:r U ca
o cc N
N
w z 2 3 CYPRESS CREEK
17, NURSERY, INC.
TOWN SQUARE SHOPPING — N N b OFFICIAL RECORDS BOOK 3517
CENTER X o
PLAT BOOK 17 PAGE 10 Wl Z PAGE 1380
1" =100' ...Q \�—
GRAPHIC SCALE \\\
0 50 100 200 0
m
•
N NORTH RIGHT OF WAY UNE
N POINT OF COMMENCEMENT
ABBREVIATIONS: 789 790 791 792
R/W = RIGHT OF WAY
L = LENGTH OF 'CURVE BASELINE
CB = RADIUS BEARING STATE ROAD 50 - 11;u ` i ,
N = NORTH .
a L
E = EAST /FA
/ lig`__\;
W = WEST �- � � l �
S = SOUTH
Drawing No. 45800045 SOUTHEASTERN SURVEYING & MAPPING CORP.
Job No. 45800 324 North Orlando Avenue
Dote: August 31. 1999 Maitland, Florida 32751-4702
Sheet 2 of 2 (407)847-8898 fax(407)647-1867
See Sheet 1 for Legal Description e—mail:asmc96@aol.com Cert. No. LB-2108
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
Parcel I.D. #: 20-22-28-0000-00016
Grantors' Tax Identification No.
For Recording Purposes Only
WARRANTY DEED
THIS WARRANTY DEED is made this day of , 2000 by CCN
INVESTMENTS, INC., a Florida corporation, whose address is 1899 Vista Royale
Boulevard, Orlando, Florida 32835 hereinafter referred to as the "Grantor", to CITY OF
OCOEE, a Florida municipal corporation, whose post office address is 150 N. Lakeshore
Drive, Ocoee, FL 34761, hereinafter called the "Grantee".
WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that
certain land situate in Orange County, Florida, viz:
See Exhibit "A" and Exhibit "B" attached hereto and by this reference
made a part hereof(collectively the "Property").
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining. •
TO HAVE AND TO HOLD, the same in fee simple forever.
The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of
the Property in fee simple; that the Grantor has good, right and lawful authority to sell and
convey the Property, and hereby warrants the title to the Property and will defend the same
against the lawful claims of all persons whomsoever and that the Property is free and clear of
all encumbrances except taxes for the year 2000 and any taxes accruing subsequent to
December 31, 1999; and zoning and other use restrictions, conditions or requirements now or
hereafter imposed by governmental authorities.
006.191962
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in
its name the day and year first above written.
Signed, sealed and delivered in
the presence of: CCN I TMENTS, INC.
a Florida rporation
�i o - .-Ki By:
Name: T®'i„ 0 Colb.xv
Print name: ���L 4 -7° �ry/' a794) Title: rreos0e4�-
Print name:
4=71/-
Zieu
STATE OF FLORIDA
COUNTY OF ORANGE
Th foregoing instrument was acknowledged before me this day of
2000, by fin 29/ 6:/6Jr'r7 as i--eSi4c0/7 of
C Investments, Inc. He/She-is ❑ personally known to me or O—as produced
a A- „zas identification.
77))cZ seal in the County and State aforesaid this ( day of
T ESS my hand and officialty ��
2000.
Notary is
71/5/7"- ->”
not Name
My Commission Expires:
•
Notary CHRISTINEte o M;fSTRAM
Public,Sta Florida
My comm.expires Jan.06,2001
No.CC611877
Bonded thru Ashton Agency,Inc.
006.191962 -2
;
EXHIBIT "A"
t:7
1 Page 2 of 2
I S74°33' 1 6" E
\ �� CoI 17.31 '
y •
• �0° CYPRESS CREEK
`� o --1NURSERY, INC.
0 LA
N IV . • OFFICIAL RECORDS BOOK 3517
( e;iti Od O PAGE 1380
t J
-oe
77
MERCANTILE c, v. --,• 26°31 '55"W
COURT 37.26'
N At LINE 10.00 FEET EAST OF AND
N -ItPARALLEL WITH THE EAST
N RIGHT OF WAY LINE
R=550.27'
L= 182.54' • '
0 = 19°00'24" R=560.27'
CB=N09°59'01"W L= 135.41 '
CHORD= 181 .70' 0 = 13'S0'S3"
CB=S07'24' 1 6" E
N Y 4 CHORD= 135.08'
OCOEE COMMERCIAL PARK P.0 HEDGES AND
PLAT BOOK 26 PAGE 136 P.T. wTREES
O)
0 dam- CD Ni d-
1" = 60. Z - I\• .,.
•
GRAPHIC SCALE Q (.0j' CO
rminimminnosimiml a ° O �'. O b
0 30 60 120 O O
p O ••
N z L. (f) LINE 10.00 FEET EAST OF AND
N PARALLEL WITH THE EAST
RIGHT OF WAY LINE
eTh
TOWN SQUARE SHOPPING = J 1 "
CENTER < Q a :S89°31 1 1 W
PLAT BOOK 17 PAGE 10 0 _
<
re)
ABBREVIATIONS: 'L (0 POINT OF BEGINNING
R/W = RIGHT OF WAY 0
LENGTH OF CURVE I.._ N
R = RADIUS
p CENTRAL ANGLE 0
CB = CHORD BEARING W N
N - NORTH IX E POINT OF COMMENCEMENT
o) NORTH RIGHT OF WAY LINE
E - EAST - I— d-
W = WEST r ^Dco
_ __
S = SOUTH NOT V p0 �-1 ii 444 i...u._�_,
P.C. = POINT OF CURVATURE CV b 4_ _ I,(, r.-
P.T. = POINT OF TANGENCY PLATTED Q o z ` 17 t,T,�`=�\
• = SET 5/6" IRON ROD WITH CAP z /IMMIIS��tIR=_
SS&IC LS4245
Drawing No. 45800044 O� SOUTHEASTERN SURVEYING do NAPPING CORP.
Job No. 45800 STATE ROADS324 North Orlando Avenue
-
Date Oct. 1, 1999 Maitland, Florida 32751-4702
N
Sheet 2 of 2 (407)847-8898 fax(407)647-1687
See Sheet 1 for Legal Description and Surveyors Report e-meil:asinc98•eol.com Cert. No. LB-2L08
EXHIBIT "A"
Page 1 of 2
LEGAL DESCRIPTION
That part of Section 20, Township 22 South, Range 28 East, Orange County, Florida. being more particularly
described as follows:
Commencing at the intersection of the North right of way line of State Rood 50 and the existing East right
of way line of Maguire Road; thence North 00'28'49" West a distance of 766.39 feet along aforesaid East
right of way line to the POINT OF BEGINNING; thence continuing along said East right of way line
North 00'28'49" West a distance of 106.76 feet to a point of curvature of a curve concave to the
southwest, having a radius of 550.27 feet, a central angle of 19'00'24" and a chord of 181.70 feet that
bears North 09'59'01" West; thence northwesterly 182.54 feet along the arc of said curve and the
aforesaid west right of way line; thence leaving said right of way line North 00'28'49" West a distance
of 58.60 feet; thence South 74'33'16" East a distance of 17.31 feet; thence South 20'31'41" East a
distance of 70.00 feet; thence South 26'31'55" West a distance of 37.26 feet to a point of curvature of
a curve concave to the southwest, having a radius of 560.27 feet, a central angle of 13'50'53" and a
chord of 135.08 feet that bears South 07'24'16" East; thence southerly 135.41 feet along the arc of
said curve and along a line 10.00 feet East of and parallel with the aforesaid east right of way line to
a point of tangency; thence continuing along said parallel line South 00'28'49" East a distance of
106.76 feet; thence South 89'31'11" West a distance of 10.00 feet to the POINT OF BEGINNING.
CONTAINING 5095 square feet, more or less.
•
SURVEYORS REPORT:
1. Easements or rights of way that appear on recorded plans or that have been furnished to the surveyor by others
have been incorporated into this drawing with appropriate notation. Other easements may be discovered by a search
of the Public Records.
2. No underground installations or improvements have been located except as noted.
3. There is no visible evidence on the ground of use of the property which might suggest a possible claim of easement
other than those shown on the survey.
4. Measurement methods used for this survey meet MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING CH. 61G17-6
requirements.
5. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
6. Features shown by symbol as indicated in legend are not to scale.
7. The bearings shown hereon ore based on the baseline of Maguire Road from Station 218+00 to Station 219+00,
being North 00'28'49" West.
8. See Sheet 2 of 2 for Boundary.
Date: CERT. NO. LB2108 4580004
Boundary Survey Oct. 1, 1999 --
FOR Job No.: Scale: 1is ,f `�
45800044 NOT TO SCALE Sri /�Li �►�MIPMk
Engineering \
Professional
SOUTHEASTERN SURVEYING & MAPPING CORP
Consultants, Inc. 324 N. Orlando Avenue
Maitland, Florida 32751
407/647-8898
•
GAR B. KRICK
REGISTERED LAND SURVEYOR NO+4245
EXHIBIT "B"
Page 1 of.2
LEGAL DESCRIPTION
That part of Section 20, Township 22 South, Range 28 East, Orange County, Florida, being more particularly
described as follows:
Commencing at the intersection of the North right of way line of State Road 50 and the existing East right
of way line of Maguire Road; thence North 00'28'49" West a distance of 616.40 feet along aforesaid East
right of way line to the POINT OF BEGINNING; thence continuing along said East right of way line
North 00'28'49" West a distance of 150.00 feet; thence leaving said East right of way line
North 89'31'11" East a distance of 20.00 feet to a point on a line 20.00 feet east of and parallel with
aforesaid East right of way line; thence South 00'28'49" East along said parallel line a distance of
150.00 feet; thence South 89'31'11" West a distance of 20.00 feet to the POINT OF BEGINNING.
CONTAINING 3000 square feet, more or less.
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Maguire Road from Station 218+00 to Station 219+00, being North 00'28'49' West.
2. See Sheet 2 of 2 for Sketch of Description.
Date: CERT. NO. 1B2108 45800069
LEGAL DESCRIPTION Aug. 22, 2000 CS
r ,7
Job No.: Scale: 'r _ • -�.�-• ``
FOR � l�_._: <t
45800069 NOT TO SCALE fArsmmxismissim
.•
Professional Engineering SOUTHEASTERN SURVEYING do MAPPING CORP.
Consultants, Inc. CH. 61G17-6, Florida Administrative 324 N. Oriando Avenue
Code requires that a legal description
drawing bear the notation that Maitland. Florida 32751
THIS IS NOT A SURVEY. 407/647-8898
GAR B. KRICK
EXHIBIT "B"
Page 2 of 2
SKETCH OF DESCRIPTION
MERCANTILE
COURT
N
N
N
NOT PLATTED
1" =100'
GRAPHIC SCALE N
N
0 50 100 200 P.C.-
I
OCOEE COMMERCIAL PARK
N N89'31'11"E
PLAT BOOK 26 PAGE 136 N 20.00'
p . ° LiJ RIGHT OF WAY
< o°'
0� O zal O �
N
L
��//N mod- � .
I- 3'¢N 0
a, b N LINE 20.00 FEET EAST OF
O AND PARALLEL WITH THE EAST
N 0 Z RIGHT OF WAY LINE
L.i in n 89'31'11"W
cc 20.00'
TOWN SQUARE SHOPPING N POINT OF BEGINNING
CENTER
PLAT BOOK 17 PAGE 10 o z
0
Q Z W o CO
NOT PLATTED
W Z
a
N N—NORTHRIGHT OF WAY LINE
N POINT OF COMMENCEMENT
789 790 791 792
BASELINE
STATE ROAD I 50
•
ABBREVIATIONS:
R/W = RIGHT OF WAY .
L = LENGTH OF CURVE
R = RADIUS
A = CENTRAL ANGLE
CB = CHORD BEARING ��J_ _ ___C___,.'
N = NORTH `_ ��, ,l T• �' �`i
E = EAST -7'T�-T-'/--I �' c1Ati•=\\
W = WEST - rI I -I) %1� 1 a_ N\
rrrrarmr-� _IAiimmuim_
S = SOUTH MI/IMIIII•III//tom_
Drawing No. 45800069 SOUTHEASTERN SURVEYING do MAPPING CORP.
Job No. 45800 324 North Orlando Avenue
Date: August 21. 2000 Maitland, Florida 32751-4702
rdA7ARd7_1211na I..../wn7%Q.1•1-1 CQ7
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 - 42 (aka TCE No. 4)
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2000, by and between CCN
INVESTMENTS, INC., a Florida corporation, whose address is 1899 Vista Royale
Boulevard, Orlando, Florida 32835 (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 Fasement 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
006.191541
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.
006.191541 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:
CCN INVE TMENTS, INC., a Florida
corporatio
i am ��iT� Al.S By:
' Name $hn n celbam
�� Title: Po*;1e44
Print Name Nle_rr C--l�&r n6
STATE OF FLORIDA
COUNTY OF 6
�The foregoing instrume tt was acknowledged before me this S day of
b Ae►r 2000, by �1 D4..►-� . C�1, u r vN as ire s►c1e..-v-E-,
of CCN Investments, Inc. (IShe is ❑ personally known to me or'J has produced
Pori cL Nia.d L cei-lx,as identification.
TNESS my hand and official seal ' the County and State aforesaid this
day of 0 to be — 2000. ittt_o'
- 9,(4. -
' Notary Public( .e., b• SI-tr-zil
4k-7-k
Print Name
My Commission Expires:
KATHLEEN 0. STOKES
51
Notary Public,State of Florida
My comm expires Mar 19,2004
No. CC919716
Bonded thru Ashton Agency, Inc (800)451-4854
006.191541 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:
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:
006.191541 5
Exhibit A
TCE-42
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) Page 1 of 2
That part of Section 20, Township 22 South, Range 28 East, Orange County, Florida. being more particularly
described es follows:
Commencing at the intersection of the North right of way line of State Road 50 and the existing East right
of way line of Maguire Road; thence North 00'28'49" West a distance of 766.39 feet along aforesaid East
right of way line; thence leaving said right of way line North 89'31'11" East a distance of 15.00 feet
to the POINT OF BEGINNING; thence North 89'28'49" West a distance of 106.76 feet along a line 15.00 feet
east of ana parallel with the aforesaid East right of way line to a point of curvature of c curve concave
to the west, having a radius of 565.27 feet, a central angle of 03'53'57" and a chord of 38.46 feet that
bears North 02'25'48" West; thence northerly 38.47 feet along the arc of said curve and the aforesaid
parallel line; thence South 85'37'12" West a distance of 5.00 feet to a point of curvature of a curve
concave to the west having a radius of 560.27 feet, a central angle of 09'56'56" and a chord of
97.16 feet that bears North 09'21'14" West; thence northerly 97.29 feet along the arc of said curve;
thence North 26'31'55" East a distance of 22.54 feet to a point of curvature of a curve concave to the
west, having a radius of 575.27 feet, a central angle of 15'32'47" and a chord of 155.61 feet that bears
South 08'15'12" East; thence southerly 156.09 feet along the arc of said curve and a line 25.00 feet
east of and parallel with the aforesaid East right of way line to a point of tangency; thence
South 00'28'49" East a distance of 106.76 feet along aforesaid parallel line; thence
South 89'31'11" West a distance of 10.00 feet to the POINT OF BEGINNING.
CONTAINING 3063 square feet, more or less.
•
•
•
SURVEYORS REPORT
1. The bearings shown hereon are based on the baseline of Maguire Road from Station 217+00 to Station 218+00. being North 00'28'49" We!
2. See Sheet 2 of 2 for Sketch of Description.
Date: CERT. NO. LB2108 4580004
LEGAL DESCRIPTION August 31, 1999 - i
FOR Job No.: Scale: L T t r
45800046 NOT TO SCALE et. '_ - tT `
* \
Professional Engineering SOUTHEASTERN SURVEYING b. MAPPING CORP
Consultants, Inc. CH. 61C17-6. Florida Administrative 324 N. Orlando Avenue
Code requires that a legal description Maitland. Florida 32751
droving ow the notation that
THIS IS NOT A SURVEY. 407/647-8898
GAR B. KRICK
REGISTERED LAND SURVEYOR NO. 4245
Exhibit A
SKETCH OF DESCRIPTION Page2 2
Q
CYPRESS CREEK
NURSERY, INC_
.� OFFICIAL RECORDS BOOK 3517
MERCANTILE
PAGE 1380
COURT Nam `'
CV LINE 25.00 FEET EAST OF AND
=�h PARALLEL WITH THE EAST
Ay RIGHT OF WAY UNE
R=575.27'
N L=156.09'
OCOEE COMMERCIAL PARK Ni
A=1s•32'47'
CB=508'15'12"E
PLAT BOOK 26 PAGE 136 CHORD=155.61'
L=97.29' 585'37'12' W 5.00'
R=560.27' TEMPORARY
A=09•56'56" tv CONSTRUCTION EASEMENT
CB=N09'21'14"W — rv ' PT
CHORD=97.16' P
•.C. w
L=38.47' is a,
R=565.27' a, 71-
A=03'53'57' v IN
6 CO
OD
CB=NO2'25'48' W ccNi .- o
CHORD=38.46' 2 b I
N O N LINE 15.00 FEET EAST OF AND
N Z 111 PARALLEL WITH THE EAST
10.0 ' RIGHT OF WAY UNE
TOWN SQUARE SHOPPING S8931'11"W
CENTER Q 15.00' POINT OF BEGINNING
O*11 N8931'11•E
PLAT BOOK 17 PAGE 10 /Qy O1 Z
Li— Jrn
3 y n
a ;0
1" =100� r
GRAPHIC SCALE N o
o F3
0 50 100 200 W z,o 1r
(Z— m c7Y
� g
DN � b
o
z
NOT —.0
PLATTED
ABBREVIATIONS: (Ni NORTH RIGHT OF WAY UNE
LR/W = LENGTH OF CURVE= RIGHT OF WAY N POINT OF COMMENCEMENT
R = RADIUS 789 790 791 792
A = CENTRAL ANGLE _ ,
CB.. = CHORD .BEARING
N = NORTH STATE ROAD 50 y E = EAST Amu/gm MMMMMMMMM lEE
W = WEST `S = SOUTH / . .1 1 Al
P.C. = POINT OF CURVATURE • i a II.9`__"
P.T. = POINT OF TANGENCY / / / t F I I t \
Drawing No. 45800046 SOUTHEASTERN SURVEYING k MAPPING CORP.
Job No. 45800 324 North Orlando Avenue
Date: August 31, 1999 Maitland, Florida 32751-4702
Sheet 2 of 2 (407)647-8898 fax(407)647-1667
See Sheet 1 for Legal Description e-mail:ssmc96@aol.com Cert. No. I.B-2108