VII (C2) Approval and Authorization for Mayor and City Clerk to Execute Necessary Documents for the Maguire Road Widening Project: Ocoee Health Care Partners Agenda 11-21-2000
Item VII C 2
FOLEY & LARDNER
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 I93 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SURE I BOO SAN FRANCISCO
LOS ANGELES ORLANDO. FLORIDA 32801-2386 TALLAHASSEE
MADISON TELEPHONE'. 140 71 4 2 3-76 56 TAMPA
MILWAUKEE FACSIMILE'. (4071 648-1743 WASHINGTON, O.C.
ORLANDO WEST PALM BEACH
WRITER'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, Assistant City Attorney MA,fc-1)
THROUGH: Paul E. Rosenthal, City Attorney
DATE: November 13, 2000
RE: Maguire Road Widening Project: Ocoee Health Care Partners
Based on the Project design prepared by PEC, the City needs to acquire a
Non-Exclusive Temporary Easement Agreement from Ocoee Health Care Partners, Ltd.
("Ocoee Health Care"), a property owner along Maguire Road. Ocoee Health Care operates
the nursing home on the east side of Maguire Road south of Colonial Bank.
Ocoee Health Care refused to convey this interest to the City for the standard
$250.00 and demanded to be paid for the easement based on an appraised value as well as for
damages to their remainder property.
The Ocoee Health Care site has been filled and is much higher than other
properties along the roadway. The property has a very steep driveway with decorative
landscaping and signage. There is also a back flow preventer located at the entrance. Ocoee
Health Care hired an engineering firm, Zook, Moore and Associates, and the law firm of
Shutts & Bowen to assist them in this acquisition. Zook, Moore reviewed the City's
construction plans and claimed initially that the driveway would have to be completely
redesigned and the sign, landscaping, and backflow preventer relocated. After much
discussion Zook, Moore and PEC were able to come up with a much simpler and less costly
solution. This work will be incorporated into the roadway project and performed by the City's
contractor.
Based on this compromise, Ocoee Health Care has now agreed to convey the
easement for the standard $250.00. Ocoee Health Care, however, seeks reimbursement of its
legal and engineering fees incurred in reaching this solution. The legal fees total $1,493.90
and Zook, Moore's compromised fee is $9,125.00. Zook, Moore had initially submitted a bill
for $17,562.33 for this work. After review of the invoices and files, PEC and Staff
recommended payment of $9,125.00 to which Zook, Moore has now agreed. For the reasons
006,198894,1
� , A
FOLEY & LARDNER
The Honorable Mayor and City Commissioners
of the City of Ocoee
November 13, 2000
Page 2
set forth below, City Staff recommends approval of the easement 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 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 easement for $250.00. 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 interest in
the Ocoee Health Care property, 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 authorizing
execution thereof by the Mayor and City Clerk; and
2. Approve the payment of$1,493.90 to Shutts & Bowen; and
3. Approve the payment of$9,125.00 to Zook, Moore & Associates.
c: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.198894.1
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A.Doty,Esq.
FOLEY&LARDNER
I 1 1 North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656 For Recording Purposes Only
TCE-36
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREE-,EKENT is made
b
and entered into this day of r ,"tip?.
1a99 79. y.l e ween OCOEE
.
a
HEALTH CARE PARTNERS, LTD;�a`Frorida (trotted partnership whose address is
c/o National Healthcorp LP., Attention: Charles Swift, Post Office Box 1398,
Murfreesboro, TN 37133-1398 (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 rtExhibit 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.
006.156774.1
I^ M, ]S,-
Section 3. Grantor hereby warrants antl guarantees to ranee 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
asshall
ts bend employ purpose
e
of Grantee, through itself, its agents, contractors, ro
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 i ndemnisesfy
and hold harmless the Grantor from and against anyand all claims,
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
006.156774.1
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
006.156774.1
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: RS,
OCOEE4litEAL'�',H.r.-, Jab
LTD., a Florida limited partner r Tn .
sy: Gate 4..H.T_ to?Art, 'enaIel r - t•'r
Print a By:
Name:
Title: V;c.e rres ;de-, -l-
j.0 ? T >
Print Name t('sa F eo/ ti er
STATE OF
COUNTY OF R+
The foregoino i rumen was acknowledged before me this 33 r.eay„ ii„tes c
r
g99 y as v ' P �;O f t -j.;
Health bar s, Lt a personally known to me or hasproduced
Health Care Partners, Ltd. He/She is p Y
as identifica ion.
WITNESS my hand aniiIgfficial seal in the County and State aforesaid this3'
day of N ¢... 1 9-
Notar Sic ,.
Print Name, ' - to.Cum
My Cornmi.',i EC? .
4
006.1 sana.i
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.
1999.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1999, 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 1999.
Notary Public
Print Name
My Commission Expires:
5
006.156774.1
Exhibit A
TCE-36
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) Paee 1 of 2
That port of Section 29. Township 22 South. Range 28 East. Orange County, Florida. being more particular"
described as follows'
Commencing at the intersection of the North right of way line of Professional Parkway and the East right
way line of Maguire Rood; thence North 01'07'25 East a distance of 211.27 feet along said East right of
way line to the POINT OF BEGINNING: thence continuing along said right of way line Northa 0r1'07' 5of East c
distance of 159.39 feet too point of Curvature of cofurve 5269 feetethto at the
b arse North 0051'43' East: thencE
northerly
feet, a central angle of 00'31'2C,
northerly 52,69 feet along the arc of said curve and the aforesaid East right of way line; thence leaving
said right of way line South 88'52'35" East a distance ofa central10.00 faeretleoof point
'24 curva ehord of 5ture of a 78 curve
concave to the West, having a radius of 577 s 9 feet, ongle
that bears South 01'0 West: thence southerly 52.78 feet along the arc of said curve to a point
of tangency; thence South 01'07'25 West a distance of 106.60 feet along a line 10.00 feet east of and
parallel with the aforesaid East right of way line of Maguire Road to a point: thence South 835" East
a distance of 20.00 feet: thence South 01'0725" West a distance of 52.17 feet along a linee 30.30.00 feet
east of and parallel with aforesaid East right of way line: thence South 85'52'35' West a distance of
30.00 feet to the POINT OF BEGINNING.
CONTAINING 3158 square feet, more of less.
SURVEYORS REPORT
1 The bearings shown hereon ore based on the baseline of Maguire Road from Station 192+00 to Station 200+00.
being North 011)7'25" East.
2. See Sheet 2 of 2 for Sketch of Description.
Oote' CERT. NO. L82105 - ,
LEGAL DESCRIPTION August 31, 1999 if erraX`_.Z F
.lab Na.: scale. `
FOR t.
45800031 INOT TO SCALE ` �o�
rtsi
Professional Engineering
i .E ��
Consultants. Inc.Irt0. SOUTHEASTERN SU MAPPING APP
ING
Cd 61 h as Administrative 3
20 N. Orlando Avenue
Code co:ref that a Iota d.,ctQto Maitland, Florida 32751
droS beer the notabon suit 407/547-8895
7HIIIS NOT A SURVEY. GAR B. KRICK
PEOSTERD LAND S NN,"OR NO. 42e5
Exhibit A
SKETCH OF DESCRIPTION Pa TCE-36
TEMPORARY
/CONSTRUCTION EASEMENT
0
S89'23'59"E L=52.78'
10.00' R=5779.65'
L=769.6' 1 A=00'31'24"
R= O'31'25' C8=500'51'43"W
A= O(3'5124" CHORD=52.78'
CB=N00'51'4SE P,wI PT
CHORD=52.69' �o r UNE IDao' EAST OF AND PARALLEL WITH
Qry 3 EAST RICHT OF WAY LINE
O r- lib
ml lb 1 588'52'35"E
Li wl rf I—,- 3 20.00'
81
a -L m ^I N NOT
R PLATTED111111111
IV v of o
o ` o
d U 1 I z— J- Vl LINE 3000' EAST OF AND PARALLEL WITH
Os
Os 11J EAST R:CHT OF WAY LINE I" =100
w �_ N88'S2'35"W GRAPHIC SCALE
1-• m jg a'
/ 0 50 100 200
!,O 3
uJ Y w
z L.
r o POINT OF BEGINNING
ccS J�0
o a = 7 oZ -
ef POINT OF COMMENCEMENT •
NORTH RIGHT OF WAY LINE
CO
PROFESSIONAL PKWY.
/W = RIGHT OF WAY
- LENGTH OF CURVE
RADIUS
▪ CENTRAL ANGLE
B CHORD BEARING- NORTH
= EAST
▪ WEST 14
= SOUTH _ 9----_n
P.C. = POINT O: CURVATURE
P.T. = POINT 0% TANGENCY h
SOUTHEA31ER.4 SURVEYING & NAPPING COF
Drawing No 45800031 324 North Orlando Avenue
Job No. 45500 Nnilland. Florida 32751-4702
Gate: August 31. 1999 (407)647-6898 tex(407)647-1667
Sheer 2 of 2 e-mail.eamc960ao1 cam Cert. No. LB-21
See Sheet 1 to, Legal 0eac6Ptloa
•
Exhibit A
TCE-36
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) Paee 1 of 2
That part of Section 29. Township 22 South. Range 28 East. Orange County, Florido, being more particu'arh,
described as follows:
Commencing at the intersection of the North right of way line of Professional Porkwoy and the East right
way line of Maguire Road; thence North 01'07'25'. East o distance of 211.27 feet along said East right of
way line to the POINT OF BEGINNING: thence continuing along said Night of way line North 01407'25' East a
distance of 159.39 feet to a point of curvature of a curve concave to the west, having a radius of
5769.65 feet, a central angle of 00'31'24% a chord of 52.69 feet that bears North 00451'43' East; thence
northerly 52.69 feet along the arc of said curve and the aforesaid East right of way line: thence leaning
said right of way line South 88-52'35" East o distance of 10.00 feet to a point of curvature of a curve
concave to the West. having a radius of 5779.69 feet, a central angle of 00431'24% o chord of 52.78
feet that bears South 00451'43'' West; thence southerly 52.78 feet along the arc of said curve to a point
of tangency; thence South 0007'25' West a distance of 106.60 feet along a line 10.00 feet east of and
parallel with the aforesaid East right of way line of Maguire Road to a point: thence South 68'52'35" East
a distance of 20.00 feet: thence South 01'07'25' West a distance of 52.17 feet along a line 30.00 feet
east of and parallel with aforesaid East right of way line: thence South 88'52'35" West a distance of
30.00 feet to the POINT OF BEGINNING.
CONTAINING 3158 square feet, more of less.
SURVEYORS REPORT
I. The bearings shown hereon are based on the baseline of Maguire Rood from Station 199+00 to Station 200+00.
being North 01'07'25" East.
2. See Sheet 2 of 2 for Sketch of Nictitation.
Date: CERT. NO. L82108
LEGAL DESCRIPTION August 31. 1999
FOR Job Na.: Scale -
45800031 INOT TO SCALE
Professional Engineering
Consultants. Inc. SOUTHEASTERN SURVEYING h MAPPING t
324 N. Orlando Avenue
CH. requires
ic7es Hondo ACT description
oe Maitland, Florida 32751
Code reams^bear Inc a legal des that 407/647-8890
creaming
THIS IS NOT A SURVEY.
GAR B. KRICK
R(aSICREO LAND sam2YOR NO 4145
Exhibit A
SKETCH OF DESCRIPTION PM T -36
e 2 oft
TEMPORARY
/CONSTRUCTION EASEMENT
no
389'23'59"E L=52.78'
L=52.69' 10.00' R=5779.65'
R=5769.65' 1 A=00'31'24"
A=00'31'24' CB=50(751'43"W
CB=NOO'51'43"E Q CHORD=52.78'
v^� yr
CHORD=52.69' QO IINE 10.00' EAST OF AND PARALLEL WITH
3 EAST RIGHT OF WAY LINE
0
w „II0;LLCM 588'52'35'E
Jl0 0 20.00'
�I PLATTED NNOT
p PI ^ s
f � f
0_ p 1 1 Z IN 2 LINE 30.00' EAST OF AND PARALLEL WITH
a LJJ — EAST RIGHT OF WAY LINELtJ 1,. _1 OO .
WCY m �_ z ç5235
' "W GRAPHIC SCALE
D0 3 0 50 100 200
w0 U 4
0 G
Z CO Q". POINT OF BEGINNING
r
0 g = 70 -
`i POINT OF COMMENCEMENT
NORTH RIGHT OF WAY LINE
FO
as PROFESSIONAL PKWY.
R/WABB == RIGHT OF WAY
L - LENGTH OF CURVE
R = RADIUS
a = CENTRAL ANGLE
CD - CHORD BEARING
N - NORTH
E = FAST ___ ..�..r tg
W - SOUTH N-__�CY
P.C. = POINT OF CURVATURE - /(i �9 __=
P.T. = POINT OF TANGENCY / olfl•flta Y
SOUTHEASTERN SURVEYING as MAPPING C0R!
Drawing No. 95800031 324 North Orlando Avenue
Job Na. 45800 Maitland. Florid& 32751-6702
Dote. August 31. 1999 (907)647-6898 Ds4407)847-1667
Sheet 2 of 2 e-mail.&amc96doOt corn Cerl No. LB-211
See Sheet 1 for Legal Description