VII (C1) Approval and Authorization for Mayor and City Clerk to Execute Necessary Documents for the Maguire Road Widening Project: Mobile Oil Agenda 11-21-2000
Item VII C 1
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2103 SACRAMENTO
DENVER ORLANDO, FLORIDA 3 2802-2 1 93 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE. SURE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 32801-2386 TALLAHASSEE
MADISON TELEPHONE. (407)423-7656 TAMPA
MILWAUKEE FACSIMILE. 1407)640-1 743 WASHINGTON. D.C.
ORLANDO WEST PALM BEACH
WRNLRS 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 Orb
THROUGH: Paul E. Rosenthal, City Attorney
DATE: November 13, 2000
RE: Maguire Road Widening Project: Mobil Stations
Based on the Project design prepared by PEC, the City needs to acquire a
Non-Exclusive Temporary Easement Agreement from both Mobil Stations located on Maguire
Road. The first station is located at the northwest corner of the intersection of Maguire Road
and SR 50. The second Mobile Station is located on the south end of the project in the
Plantation Groves Shopping Center. The interests needed are temporary construction
easements needed to tie in the Mobil driveways to the newly widened Maguire Road.
Mobil refused to convey these interests to the City for the standard $250.00 and
demanded to be paid for the easements based on appraised values as well as for damages to
their remainder properties.
As to the south Mobil Station, after review by their engineer, Zook, Moore &
Associates, Mobil agreed that the easement would have little or no impact on their property
but requested a right of entry agreement instead of a temporary construction easement. In this
case, the right of entry agreement accomplishes the same goals as a temporary construction
agreement and we recommend its approval.
As to the north station, Mobil's engineer advised the City that the proposed
driveway reconstruction would encroach on their underground tank farm and impact a
monitoring well. The engineer also claimed that the road widening would necessitate the
installation of a trench drain to trap runoff that was being detained by a hump in the driveway.
After review of Mobil's information, the City revised the size of the easement to avoid the
tank farm and monitoring well. PEC also agreed that a trench drain needed to be installed.
We were advised by Mobil's counsel, Shutts & Bowen, that Mobil always does its own site
work and preferred to be reimbursed for the work necessary rather than have that work
006.198934 ESTABLISHED 842 J/p
A o .rsLL,.VI _,,..0 „ ..H .,.o �.. F F . I s .. ,,,,„in s-
FOLEY & LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
November 13, 2000
Page 2
incorporated into the City's contract. Mobil has submitted a proposal to do the work for
$18,616.00. PEC reviewed the proposal and has determined that the proposal includes a
number of items that are within the City's scope of work under its contract. Because there
will need to be further coordination between the City, its contractor, and Mobil's contractor
regarding the driveway work, we recommend that, for now, the City Commission approve
payment to Mobil in an amount not to exceed $18,616.00, with actual reimbursement based on
invoices submitted to PEC for review.
Based on these terms, Mobil has agreed to convey the necessary easement and
right of entry agreement to the City for $250.00 each. Mobil, however, seeks reimbursement
of its legal and engineering fees incurred in reaching this solution. The legal fees total
$2,905.70 and Zook, Moore's compromised fee is $18,225.00. Zook, Moore had initially
submitted a bill for $30,092.54 for this work. After review of the invoices and files, PEC and
Staff recommended payment of $18,225.00 to which Zook, Moore has now agreed. For the
reasons set forth below, City Staff recommends approval of the easement and right of entry
agreement with the payment of the amounts set forth above.
As you know, the City did not obtain appraisals of any of the easement interests
along Maguire Road because most of them were temporary and were deemed to have little
impact on the property owner. In this case the north temporary construction easement had the
potential of seriously impacting the property owner. We have now been able to resolve all
damage issues and still acquire the necessary easements for $250.00 each. The City would
have been liable for the legal and engineering fees if the matter had proceeded to
condemnation. In my opinion the cost of obtaining an appraisal, the appraised value of the
necessary interests in the Mobil properties, and the costs to cure the damage would
approximate or possibly exceed the total amount requested.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners
approve:
1. The Non-Exclusive Temporary Easement Agreement and the Right of
Entry Agreement authorizing execution thereof by the Mayor and City
Clerk; and
2. Approve the payment of$2,905.70 to Shutts & Bowen; and
3. Approve the payment of$18,225.00 to Zook, Moore & Associates.
c: Ellis Shapiro, City Manager
lames W. Shira, P.E., City Engineer
006.198934.1
THIS 1NSTRUMErfr PREPARED BY
AM)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
RIGHT OF ENTRY
THIS RIGHT OF ENTRY AGREEMENT is made and entered into this
day of 2000, by and between MOBIL OIL CORPORATION,
whose address is 3225 Gallows Road, Fairfax, Virginia 22037-0001, and THE CITY
OF OCOEE, a Florida municipal corporation, whose address is 150 N. Iakeshore
Drive, Ocoee, Florida 34761.
WHEREAS, THE CITY OF OCOEE, a Florida municipal corporation plans
to widen Maguire Road within the City of Ocoee, Orange County, Florida; and
WHEREAS, MOBIL OIL CORPORATION, is the owner of that certain real
property located in Orange County, Florida, as more particularly described in "Exhibit
A" attached hereto and incorporated by reference ("the Property"); and
WHEREAS, as part of the construction of the Maguire Road Wideni g Project,
the City needs to obtain the right to enter onto the Property for the purpose of
reconstructing the driveway which abuts the Property to the north;
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:
1. Mobil Oil Corporation, its successors and assigns, hereby grants to the
City of Ocoee the right to enter onto the Property for the purpose of reconstructing the
existing driveway abutting the Property to the north, all in conjunction with the City's
Maguire Road Widening Project.
2. The City agrees to restore any landscaping on the Property damaged or
destroyed by the City in the exercise of this Right of Entry with plant material of like
kind prior to the time for termination of this Right of Entry.
006.183197
3. This Right of Entry shall terminate upon the earlier of the completion of
the reconstruction of the driveway which abuts the Property to the north, or August 15,
2001.
4. To the extent permitted by law, the City agrees to indemnify and hold
harmless Mobil Oil Corporation 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 City's use of the Property or from the exercise by the City of
any rights granted by this Right of Entry.
2
006.183197
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Right of Entry Agreement to be executed as of the day and year first
above written.
Signed, sealed and delivered MOBIL OIL CORPORATION
in the presence of:
s"W 'seT-- - By:
Print Name NI- It utMS Name: r-Aco-
Title: /� Mj$1 /N /kr
Print Name
STATE OF Vir il71 &
COUNTY OF Fa Irj1 11 �
The foregoing instrument was acknowledged beforegme this 2J1t day of
NOVen2Ir 2000, by D,V i% /h(✓ as Htliv-i✓(-haef of
Mobil Oil Corporation. He/she is [✓personally known to me or ❑ has produced
as identification.
MESS my hand and official seal in the County and State aforesaid this �hti
day of NeV lftLcyEir2000.
Notary Public
MardeNe ales-ton
Print Name
My Commission Expires: L/3 8/a
3
006.183197
Signed, sealed and delivered CITY OF OCOEE, a Florida municipal
in the presence of: corporation
By:
Name: S. Scott Vaudergrift
Print Name Tide: Mayor
Attest:
Print Name Name: Jean Grafton
Title: City Clerk
[Affix cent]
APPROVED BY THE OCOEE CITY
FOR USE AND RELIANCE ONLY BY COMMISSION AT A MEETING HELD
THE CITY OF OCOEE, FLORIDA. ON , 2000
APPROVED AS TO FORM AND UNDER AGENDA ITEM NO. .
LEGALITY THIS_DAY OF
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 Vaudergrift, 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:
a
006.183197
(THIS NOT A SURVEY)
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THIS LNSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Nary 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-41
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2000, by and between MOBIL
OIL CORPORATION, whose address is 3225 Gallows Road, Fairfax, Virginia
22037-0001 (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 S. 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
006.158812.1
Section 9. To the extent that any rules, regulations or ordinances of the
Grantee or any previously existing development approvals or any agreement between
the Grantor (or its predecessors in interest) and the Grantee require that certain
improvements, including but not limited to walls, signage, landscaping, irrigation and
berming, be constructed or installed within all or any portion of the Easement
Property, the Grantor agrees that it shall not construct or install any such improvements
within the Easement Property until the earlier of (i) the date of termination of this
Easement Agreement, or (ii) the written approval by the Grantee of a specific
improvement within the Easement Property. The aforementioned restrictions may be
waived by Grantee in whole or in part, at the Grantee's option. The Grantor may from
time-to-time request the approval of Grantee to construct or install certain
improvements within the Easement Property and Grantee covenants and agrees to grant
such approval unless the Grantee makes a good faith determination that such
improvement will interfere with the exercise by Grantee of its rights and privileges
under the terms of this Easement Agreement. Grantee covenants and agrees that it will
not defer or delay the issuance to Grantor of any building permits, certificates of
completion or certificates of occupancy because of the inability of the Grantor to
complete improvements within the Easement Property due to the restrictions imposed
by this Easement Agreement; provided, however, that the Grantor shall, at Grantor's
sole cost and expense, promptly complete any such deferred or delayed improvements
upon the termination of this Easement Agreement or the waiver of such restriction by
the Grantee. Nothing contained in this Section shall be construed to release or
discharge the Grantor from any of its obligations and responsibilities with respect to
improvements to be constructed or installed within the Easement Property. This
Section is intended only to affect the timing of the Grantor's compliance with any such
obligations and responsibilities.
Section 10. The Easement shall be binding upon and inure to the benefit of
the parties specified herein, their respective legal representatives, successors and
assigns, and the benefits and burdens hereof shall run with the Easement Property.
Section 11. This Easement Agreement may be modified or amended only
upon the mutual written consent of Grantee and Grantor, or their respective legal
representatives, successors and assigns.
3
006.158812.1
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:
MOBIL OIL CORPORATION
By:
Print Name C.b('t'--t Name: , , risAA2
Title: Af/ ft IN Fuer
Print Name
STATE OF V✓ NI 1 W
COUNTY OF dfrF0.f
The foregoing instrument was acknowledged before me this ____ day of
NOVQn4IeV 2000, by v.J i5'hef as 41/-i-i4-YGeg of Mobil Oil
Corporation. He/$he is L✓ personally known to me or ❑ has produced
as identification.
WITNESS my hand and official seal in the County and State aforesaid this ;MA
day of Novenhber 2000.
�1qe sC�2�ala '
Notary Public
/IW- e/Le -fan
Print Name
My Commission Expires: )./22/0b
4
006.158812.1
Signed, sealed and delivered GRANTEE:
in the presence of: CITY OF OCOEE, a Florida municipal
Corporation
By:
Print Name Name: S. Scott Vandergrift
Title: Mayor
Print Name Attest:
Name:
Title: City Clerk
[Affix Seal]
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON UNDER
LEGALITY THIS DAY OF AGENDA ITEM NO.
2000.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2000, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He is
r I 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:
s
006.158812.1
EXHIBIT A
TCE 41
LEGAL DESCRI?T'CI: :TEMPORARY CONSTRUCTION EASEMENT) PAGE 1 OF 2
That part of Section 19, Township 22 South, Range 28 East, Orange County. Florida. being more particularly
described es follows:
Commencing of the intersection of the North right of way line of State Road 50 and the rest right of way
fine of Maguire Roca'. thence North 00128'49" West a distance of 96.38 feet along aforesaid West right
of way line to the POINT OF BEGINNING: thence leaving said West right of way line Soutn B9'31'11" West
a distance of 10.00 feet; thence North 00'28'49" West a distance of 54.46 feet along a1e 10.00 feet
west of and parallel with aforesaid West right of way line; thence North 89'31'11" East cc'stance of
10.00 feet to a point on the aforesaid West right of way line; thence South 00'28'49" Ecst a distance
of 54.46 feet along said right of way line to the POINT OF BEGINNING.
CONTAINING 545 sautre feet. more or less.
SURVEYORS REPORT
1. The bearings shawn hereon are based on the baseline of Maguire Road from Station 218+00 la Station 2191-00. being North 00128'49" We
2. sec Sheet 2 of 2 for S'aetch of Description.
Dote: CERT. NO. LB2108 458004
LEGAL. DESCRIPTION June 8. 2000 CS C=7_ �- �; _
FOR Job No.: Scale. _ yle IZZ— f •
45130041A NOT TO SCALE - f,(,:';iI n n
Professional Engineering SOUTHEASTEP.N SURVEYING S MAPPING COR
Consultants. Inc. CM. Glen-G. Florida A<m are 324 N. Orlenco Avenue
Cod.. u. thatlanai earocon Maitland. Ponca 32751
a er
thatn0]/64]—?398
THIS IS NOT A SURVEY. s
GAR B. KRI K
EGi5AE0 1E t/.Ma SUR.!Y0e •_a •-45
EXHIBIT A
SKETCH OF DESCPIPTION PAGE2 OF 2
MERCANTILE
COURT
N CYPRESS CREEK
N NURSERY, INC.
OFFICIAL RECORDS BOOK 3517
PAGE 1380
OCOEE COMMERCIAL PARK 0 NI
PLAT BOOK 26 PAGE 136 Q M p,c,
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TOWN SQUARE SHOPPING U -
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PLAT BOOK 17 PAGE 10 J N
I - =100 c G /
GRAPHIC SCALE
N89'31'11"E m u
0 50 100 200 10.00 \ ea LA
TEMPORARY o co
co
CONSTRUCTION EASEMENT Noo 28'49'w aN —N
LINE 10.00 FEET WEST OF 54.46 �p
NOT AND PARALLEL WITH THE O.00J o8
PLATTED WEST RIGHT OF WAY LINE 589'31'11'W
POINT OF BEGINNING
In b
o
z
NORTH RIGHT OF WAY LINE N
POINT OF COMMENCEMENT n,
ABBREVIATIONS:
R/W = RIGHT OF WAY 789 790 791
L = LENGTH OF CURVE
R = RADIUS STATE ROAD 50
CENTRAL ANGLE _
CB = CHORD BEARING .. f'.
N = NORTH ��ZjYI�-_r—.f
E = EAST ZIP
le-i. ; . -.r-`"•1 •t\
W = WEST
S = SOUTH I 1 \
Drawing Na. 4580041A SOUTHEASTERN SURVEYLNG k MAPPING CORP.
Job No. 45800 324 North Orlando Avenue
Dale'. June 8, 2000 Maitland. Florida 32751-4702
Sheet 2 of 2 (407)647-8895 fa4407)647-1667
See Sheet 1 tar Legal Description e-mail'ssme969aol.com Cert. No. LB-210 9