III(C) Approval And Authorization or Mayor And City Clerk To Execute Drainage, Utility And Access Easement Agreement With Seminole Transport, Inc Agenda 6-18-2002
Item III C
FOLEY : LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377.0519
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq., Assistant City Attorney
David Wheeler, Engineering Department
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: June 4, 2002
RE: - Drainage, Utility and Access Easement Agreement between the City of Ocoee
and Seminole Transport, Inc.
Seminole Transport, Inc. is the owner of a parcel of property located along Enterprise
Street. The City of Ocoee has certain utility improvements located along the western edge of the
Seminole Transport property. While there is an existing utility easement along this portion of the
property, the City presently has utility improvements that are located outside of this easement
area. In addition to the existing utilities within this property, the City needs to install a new force
main pipe through the property.
The owner of the property has agreed to allow the City to install the additional
improvements on the property and to establish an easement over the western portion of their
property of a sufficient size to include all of the proposed and existing improvements. In fact,
the owner of the property has already allowed the City to make the additional improvements with
the understanding that the City would pay$2,000.00 for the easement. In the event the City does
not execute the easement agreement and authorize the payment of$2,000.00 in connection with
the easement agreement by June 30, 2002, the City is obligated to remove the improvements
recently installed on the property.
It is our opinion that the request for$2,000.00 in-exchange for the easement is reasonable
in light of the fact that 1) the City already has utilities on the site not within an easement; 2) the
expense which the City would incur if the improvements needed to be relocated because they
were outside the existing easement area; and 3) it would cost close to or more than $2,000.00 to
obtain an appraisal to help determine the value of the easement.
Attached please find a Drainage, Utility and Access Easement Agreement which is being
executed by Seminole Transport, Inc. and which also contains a Joinder and Consent of
006.255691.1 FOLEY&LARDNER
FOLEY : LARDNER
Mortgagee that is being executed by the holder of the existing mortgage on the property. Also
attached is the letter agreement which authorizing the City to install the new force main. -
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the Drainage, Utility
and Access Easement Agreement and authorize the execution thereof by the Mayor and City
Clerk in exchange for the payment of$2,000.00.
Attachments
2
006.255691.1
BRUSSELS CHICAGO F O L E Y : L A R D N E R
DENVER
KSONVILLE
JACK A T T OR NE Y S A T L A W
AC
LOS ANGELES
MADISON
MILWAUKEE
ORLANDO
SACRAMENTO -
SAN DIEGO/DEL MAR
SAN FRANCISCO
TALLAHASSEE
TAMPA
WASHINGTON,D.C.
WEST PALM BEACH
April 9,2002
VIA E-MAIL
Anthony Allen
Seminole Transport, Inc.
c/o Link America Corporation
2627 E. 21st Street
Tulsa, Oklahoma 74114
Re: City of Ocoee Easement Over Seminole Transport,Inc.Property
Dear Mr. Allen:
This letter will acknowledge that Seminole Transport, Inc. has agreed to allow the City of Ocoee to
enter upon a portion of its property for the purpose of constructing certain utility improvements. This letter
will further acknowledge that the parties intend to enter into a Drainage, Utility and Access Easement
Agreement in substantially the form of that attached hereto (the "Easement Agreement"), to formally establish
an easement area and set forth the interests and obligations of the parties with respect thereto. In consideration
for allowing the early entry and construction of utility improvements in the easement area prior to execution of
the Easement Agreement, the City Staff will recommend to the City Commission that payment be made in the
sum of $2,000.00 to Seminole Transport, Inc. for the granting of the easement. In the event the City
Commission does not execute the Easement Agreement and authorize the payment of$2,000.00 in connection
with the Easement Agreement by June 30, 2002, the City shall promptly remove the improvements installed
pursuant to the terms of this letter.
Sincerely,
Scott A. Coo son
ssistant C' y Attorney
Attachment
cc: Jim Gleason, City Manager
ACKNOWLEDGED AND ACCEPTED ACKNOWLEDGED AND ACCEPTED
THIS DAY OF APRIL,2002. THIS / DAY OF APRIL,2002.
SEMINOLE TRA SPORT,INC. CITY OF OCOEE,FLORIDA
By: c''l By:
N e: Na e: James W.Shira,P.E.
itle: O 't A a4esr✓S -.. Title: City Engineer/Utilities Director
FOLEY&LARDNER WRITER'S DIRECT LINE CLIENT/MATTER NUMBER
111 NORTH ORANGE AVENUE,SUITE 1800 407.244.3245 020377-0519
ORLANDO,FLORIDA 32801-2386
P.O.BOX 2193 EMAIL ADDRESS
ORLANDO,FLORIDA 32802-2193 scookson@foleyIaw.com 006.253078.2
TEL:407.423.7656
FAX:407.648.1743
W W W.FOLEYLARD N ER.COM
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Scott A. Cookson, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32801-2386
(407)423-7656
For Recording Purposes Only
DRAINAGE, UTILITY AND ACCESS EASEMENT AGREEMENT
THIS DRAINAGE, UTILITY AND ACCESS EASEMENT AGREEMENT is made
and entered into this day of , 2002, by and between SEMINOLE
TRANSPORT, INC., a corporation whose address is 2627 E. 21" Street,
Tulsa, OK 74114 (hereinafter referred to as the "Grantor"), and the CITY OF OCOEE, a
Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida
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 drainage, utility and access 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 easement for drainage, utility and access purposes over, under, and
upon the Easement Property for the purposes hereinafter stated (the "Easement"), all subject to
the terms, conditions and limitations set forth herein. The Grantee shall have full authority to
006.250762.2
enter upon, construct, operate, repair, and maintain, as the Grantee, or its assigns, may deem
necessary (whether or not in existence at the time of this conveyance) drainage pipes, water
pipes, sewer pipes, and any other' utility facilities or other related appurtenances (the
"Improvements") over, under, and upon the Easement Property.
Section 3. Grantor hereby warrants 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 that Grantor has full power and authority to grant this Easement as to the Easement
Property.
Section 4. Subject to the terms, conditions and limitations hereinafter set forth, the
Grantee, its employees, agents, contractors and consultants, shall have the right of ingress and
egress over, upon, and across the Easement Property at all times for the purpose of
constructing, operating, repairing, and maintaining the Improvements. The Grantee, its
employees, agents, contractors and consultants, shall have the right to clear and keep clear all
trees, undergrowth, and other obstructions that may interfere with normal operation or
maintenance of the Improvements, out of and away from the Easement Property, and the
Grantor agrees not to build, construct, or create, nor permit others to build, construct, or
create any buildings or other structures on the Easement Property that may interfere with the
use of the Easement Property for the purposes set forth herein or with the normal operation or
maintenance of the Improvements. The parties acknowledge that the Grantee shall have the
right, but not the obligation, to construct, repair and maintain, as the Grantee, or its assigns,
may deem necessary, fencing around the Improvements so long as said fencing is within the
Easement Property. This right shall include the right to relocate the existing chain link fence
located within the Easement Property. In addition, Grantee shall have the right, but not the
obligation, to remove the existing fencing along the northern boundary of the Easement
Property to allow adequate access by the City to the Easement Property from the north.
Section 5. The access easement granted herein is solely for the purpose of ingress
and egress to the Improvements and for no other purpose. This Easement shall not be
construed to grant the general public any rights or privileges with respect to the use of the
Easement Property.
Section 6. Except as expressly set forth herein, the Grantor reserves the right to
utilize the Easement Property for any purpose which does not interfere with the use of the
Easement Property by Grantee for the purposes set forth herein.
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 by this
Easement Agreement.
006.250762.2 -2-
Section S. 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.
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 in the presence: GRANTOR:
SEMINOLE TRANSPORT, INC.
By:
Print Name: Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF INSERT COUNTY
The foregoing instrument was acknowledged before me this day of
, 2002, by , as of
Seminole Transport, Inc., who 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
, 2002.
Notary Public
Print Name:
My Commission Expires:
006.250762.2 -3-
Signed, sealed and delivered in the presence: GRANTEE:
CITY OF OCOEE,-a Florida municipal
corporation
Print Name:
By:
Name: S. Scott Vandergrift
Print Name: Title: Mayor
Attest:
Name: Jean Grafton
Title: City Clerk
[Affix Seal]
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD ON
AS TO FORM AND LEGALITY THIS , 2002
DAY OF , 2002. UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2002, 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
, 2002.
Notary Public
Print Name:
My Commission Expires:
006,250762.2 -4
EXHIBIT "A"
A portion of Lot V, West Orange Industrial Park Unit 1 as recorded in Plat Book 3, Page 118,
Public Records of Orange County, Florida, being more particularly described as follows:
Begin at the Northwest corner of said Lot V; thence N 89°10'18" E along the North line of
said Lot V 40.00 feet; thence S 00°30'17" E along a line that is 40.00 feet East of and parallel
with the West line of said Lot V 190.00 feet; thence S 89°10'18" W along a line that is 190.00
feet South of and parallel with said North line 10.00 feet; thence S 00°30'17" E along a line
that is 30.00 feet East of and parallel with said West line 176.71 feet to a point on the South
line of said Lot V; thence S 89°10'18" W along said South line 30.00 feet to the Southwest
corner of said Lot V; thence N 00°30'17" W along said West line 366.71 feet to the Point of
Beginning.
006.250762.2
JOINDER AND CONSENT OF MORTGAGEE
The undersigned, BANKFIRST, a Florida banking corporation, as Mortgagee under
that certain Mortgage and Security Agreement from SEMINOLE TRANSPORT, INC., as
Mortgagor, dated December 18, 2000, as recorded in Official Records Book 6164, Page 752;
that certain Assignment of Rents, Leases and Profits recorded in Official Records Book 6164,
Page 747; and that certain UCC-1 Financing Statement recorded in Official Records Book
6164, Page 761, all of the Public Records of Orange County, Florida which Mortgage is
secured by the property located upon lands in Orange County as described therein, hereby
grants its consent to and joins in the Drainage, Utility and Access Easement Agreement, this
Joinder and Consent of Mortgagee being a part thereof, and further consents to the recording
of said Drainage, Utility and Access Easement Agreement in the Public Record of Orange
County, Florida.
IN WITNESS WHEREOF, the undersigned has caused this presents to be executed
this day of , 2002.
Signed, sealed and delivered in the BANKFIRST, a Florida banking corporation
presence of:
By:
Name:
Title:
Print Name: (CORPORATE SEAL)
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2002, by , the of
BANKFIRST, a Florida banking corporation, on behalf of said corporation. He/she [ ] is
personally known to me, or [ ] produced as identification.
(NOTARIAL SEAL)
Notary Public, State of Florida at Large
Print Name:
My Commission Expires:
006.250762.2 -6