III(I) Approval And Authorization For Mayor And City Clerk To Execute Amendment For Maronda Homes Drainage Easement Agenda 7-17-2001
Item III I
FOLEY & LARDNER
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO,FLORIDA 32802-2193 SAN DIEGO
JACKSONVILLE 111 NORTH ORANGE AVENUE,SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO,FLORIDA 32801-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE:(407)648-1743 WASHINGTON,D.C.
ORLANDO WEST PALM BEACH
WRITERS DIRECT LINE
(407) 244-3238
EMAIL ADDRESS CLIENT/MATTER NUMBER
jgwilliams@foleylaw.com 020377-0213
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Jason G. Williams, Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: July 9, 2001
RE: Maronda Homes -Amendment of Easement
The attached Amendment of Easement proposed by Maronda Homes would
reduce the size of a drainage easement granted to the City along the side lot line of lot 135 of
The Reserve, a residential subdivision, from 10 feet to 9 feet. This amendment is necessary
because Maronda Homes constructed a new home upon lot 135 that encroaches into the
drainage easement by approximately three to four inches. The City Engineering Department
has reviewed the amendment and has concluded that the reduction in size of the easement
causes no technical problems with the drainage easement.
RECOMMENDATION:
It respectfully is recommended that the Mayor and City Commissioners approve the
Amendment of Easement and authorize execution by the Mayor and City Clerk.
Attachment
THIS INSTRUMENT PREPARED BY:
John W. Howell, Esq.
HOLLAND & KNIGHT LLP
200 S. Orange Ave., Ste. 2600
Orlando, Florida 32801
For Recording Purposes Only
AMENDMENT OF EASEMENT
THIS AMENDMENT OF EASEMENT ("Amendment"), dated this day of
, 2001, by and between MARONDA HOMES, INC., a Florida corporation
("Maronda"), whose mailing address is 1101 N. Keller Road, Ste. F, Orlando, Florida 32810,
and the CITY OF OCOEE ("City"), a political subdivision of the State of Florida, whose
mailing address is 150 N. Lakeshore Dr., Ocoee, Florida 34761;
WITNESSETH:
WHEREAS, on April 24, 1999, Ocoee Land Development Ltd., a Florida limited
partnership, granted to the City a non-exclusive drainage easement as recorded in Official
Records Book 5745, Page 885, Public Records of Orange County, Florida (the "Easement")
over, through, and under a portion of Lot 135 of Reserve Unit One, as recorded in Plat Book
38, Pages 133-134, Public Records of Orange County, Florida; and
WHEREAS, Maronda is the successor in interest of Ocoee Land Development Ltd.,
and currently is the title owner of said Lot 135; and
WHEREAS, Maronda and the City wish to amend the Easement by reducing it from
ten (10) feet in width to nine (9) feet in width, and by substituting a modified legal description
of the Easement;
NOW, THEREFORE; in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The above recitals are true and correct, and are hereby incorporated into this
Amendment.
2. The Easement is hereby amended by reducing the width of the Easement area
from ten (10) feet to nine (9) feet, and by substituting the legal description attached hereto and
006.223960.1
incorporated herein as Exhibit "A".
3. Other than as set forth herein, the Easement remains unchanged and in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this instrument on the dates
shown below.
Witnesses: MARONDA HOMES, INC., a Florida
corporation
Print Name: By:
Name:
Title:
Print Name:
Date:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
, 2001, by , as of
MARONDA HOMES, INC., a Florida corporation, on behalf of the corporation. He ( ) is
well known to me, or ( ) has produced -as
identification.
(SEAL)
Notary Public-State of
Commission Number:
006.223960.1 2
Signed, Sealed and Delivered
in the Presence of: CITY OF OCOEE, FLORIDA
By:
Print Name: S. Scott Vandergrift, Mayor
Attest:
Print Name: Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 2001
LEGALITY this day of UNDER AGENDA ITEM NO.
, 2001.
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in them by said municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 2001.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
3
006.223960.1
EXHIBIT "A"
AMENDED LEGAL DESCRIPTION OF DRAINAGE EASEMENT
A 9.00 FOOT WIDE DRAINAGE EASEMENT LYING UPON THE WEST 9.00
FEET OF LOT 135 OF RESERVE UNIT ONE, RECORDED IN PLAT BOOK 38,
PAGES 133-134, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
CONTAINING 985 SQUARE FEET, MORE OR LESS.
4
006.223960.1