III (B) Approval and Authorization for the Mayor and City Clerk to Execute the Non-Exclusive Temporary Easment Agreement with Falcon Pointe Homeowners Association and Payment for Easement Agenda 2-18-2003
Item III B
FOLEY : LARDNER
ATTORNEYS AT LAW
III NORTrI ORANGE AVENUE.SUITE 1800
ORLANDO, FLORICA 32801-2386
P.C.BOX 2193
ORLANDO. FLOR:DA 32802•2193
TELEPHONE: 407423.7656
FACSIMILE:4C7.648.1743
WWW FOLEYLARDNER.COM
MEMORANDUM
CLIENT.MAT T ER NUMRFR
0203]]D549
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee NAM)FROM: Mary A. Doty, Assistant City Attorney I(y'A'
THROUGH: Paul E. Rosenthal, City Attorney
DATE: February 5, 2003
RE: Professional Parkway/Old Winter Garden Road Widening Project
Based on the Project design prepared by PEC, the City needs to acquire a Non-
Exclusive Temporary Easement Agreement from the Falcon Pointe Homeowners Association, a
property owner along Old Winter Garden Road. Falcon Pointe has agreed to grant this interest to
the City at its appraised value of$650.00, along with the commitments set forth in the attached
letter. The fence referenced in the attachment was already called for in the plans, but will now
be extended 40 feet. Attached are two original Non-Exclusive Temporary Easement Agreements
which have been executed by the Falcon Pointe Homeowners Association.
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. The payment of $650.00 to the Falcon Pointe Homeowners Association for the
appraised value of the casement.
cc: Jim Gleason, City Manager
FOLEY& LARONER
006 284501.1
On
3
BRDGGELG FOLEYlLARDNER
cHICAGO
DENVER
OETFOIi ATTORNEYS A T LAW
JACKSONVILLE
LOS ANGELES
MADISON
MILW<UNEE
ORLANDO
SACRAMENTO
SAN OIEGO/OEL MAR
SAN FRANCISCO
TALLAHASSEE
TAMPA
WAS ,D C.
WESTT PALM PALM BEACH
January 23, 2003
Mr. Bob Barrow, President
Falcon Pointe Homeowners Association, Inc.
4005 Shadowwind Way
Gotha, FL 34734
Re: City of Ocoee: Old Winter Garden Road Improvement
(N10 Project- Parcel 719 .
Dear Mr.(N ow:
Pursuant to our meeting on site this morning, the City of Ocoee hereby commits
to include in its project plans the installation of a six foot chain link fence with green vinyl slats
along the east line of Parcel 719. The City of Ocoee further commits that the construction plans
will direct the contractor to erect this fence immediately after completing its work on Parcel 719.
The City will also extend its planned fence along the Old Winter Garden Road frontage to
connect with the existing Falcon Pointe brick wall. In exchange for these commitments, the
Falcon Pointe Homeowners Association has agreed to convey the Temporary Construction
Easement in Parcel 719 to the City for its appraised value of S650.00.
On behalf of the City of Ocoee, I appreciate your cooperation.
Very truly yours,
y A. D [ty
Assistant City Attorney
MAD/jlc
cc: David Wheeler
FOLEY&LARDNER CLIENT/MATTER NUMBER
111 NORTH ORANGE AVENUE,SUITE 1800 0203770548
ORLANDO. FLORIDA 3280/,2386
JP.O.BOX 2193 EMAIL ADDRESS
ORLANDO, FLORIDA 32802.2193 doty@foleylaw.com 006.283497.1
TEL:407.423.7656
FAX:407.648.1743
W W W.FOLEYLARDN ER.COM
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Mary A.Doty,Esq.
FOLEY& LARDNER
I11 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
TCE-719
NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT
TIIIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made
and entered into this day of 2002, by and between Falcon Pointe
Homeowners Association, Inc., whose address is P.O. Box 735, Gotha, FI. 34734,
FL 34786, (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").
WITNESSFT II:
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 arc 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 coveys 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.
006.267566.1
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 Professional Parkway/Old Winter Garden 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 Professional Parkway/Old Winter
Garden 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, 2005.
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
006.267566.1
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
006.267566.1
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:
FALCON POINTE HOMEOWNERS
it ASSOCIATION, INC.
Pr. yl me o By:
1. / Name: Ok/
I / Title: ,0 'cr_,-- T
Print Name Li / /
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument: sac n r acknowledged befo me this day of
��,�� 2003, by 7 as l's1,,t4-_,-f- of
FALCON POINTS HOMEOWNERS ASSOcIATION, INC. a he is personally
known to me or as produced F2 L. as identification.
WITNESS my hand and official seal in the ounty and Stat aforesaid this Y�`
day of r2�✓ zoo 3. � i .
Notary Publi
LUMP/ A-- &/ /
Print Name
My Commission Expires:
aocry
v^b commission CC69224
4
006.267566.1
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: Jean Grafton
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 , 200
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
200 .
By:
Foley & Lardner
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
200 , by S. Scott VandergriR, as Mayor of the City of Ocoee. He
is U personally known to me or LJ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 200 .
Notary Public
Print Name
My Commission Expires:
5
006.267566.1
PARCEL 719 TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION:
A portion of Tract C, Falcon Pointe, A Replat as recorded in Plat Book 39, pages 98 and 99 of
the Public Records of Orange County, Florida, lying in Section 29, Township 22 South, Range 28
East. Orange County, Florida
Being more particularly described as follows:
Commencing at the intersection of the Southerly Right of Way line of Old Winter Garden Road and
the Westerly line of Lot 29, Lakeview Heights as recorded in Plot Book E, Pages 32, 39 and 40 of
the Public Records of Orange County, Florida; said line also being the Easterly line of said Falcon
Pointe, A Replat; thence SOO'14'58"E, 13.46 feet to the POINT OF BEGINNING; thence continue along
said lines the following two courses; S 00'14'58"E 80.84 feet; thence 500'28'44"E, 446.96 feet to a
point on the arc of a non-tangent curve concave southeasterly, being on the Northerly Right of
Way line of the East West Expressway, a 300 foot Right of Way as shown on Orlando-Orange
County Expressway Authority Map, Section 75008-6450-501/502, having a radius of 5,879.58 feet,
a central angle of 00'27'15" and a chord of 46.60 feet that bears 558'39'14"W; thence
southwesterly along the arc of said curve, 46.60 feet to a point on the westerly line of said Tract
C and its southerly prolongation thereof; thence NOO'28'44'W along said westerly line, 586.84 feet to
a point on the arc of a non-tangent curve concave southwesterly having a radius of 2,001.89 feet,
a central angle of 01'31'51" and a chord of 53.48 feet that bears S49'24'42"E; thence
southeasterly along the arc of said curve, 53.49 feet to the POINT OF BEGINNING.
Containing 22,317 square feet or 0.51 acres, more or less.
NOTE: The bearings shown hereon are based on the North line of the SW 1/4 of the NW 1/4
of Section 29, Township 22 South, Range 28 East, Orange County. Florida, being N89'42'15"E
(Assumed).
Dote: 4572717E
Legal Description April 22, 2002 MR e. -.
?ti7?i,T .14
FOR Job No.: seine: - T,
t.
45727176 1" = BO' N l�r ems_ lis
Professional Engineering Avis inanua ‘
Consultants SOUTHEASTERN SURVEYING & MAPPING CORP
CH. 61a17-6, Florida Administrative 324 North Orlando Avenue
Code requires that a legal description Maitland, Florida 32751-4702
drawing bear the nototion that (407) 647-8898 CERT. NO. LB2108
THIS IS NOT A SURVEY. e oil: infoOs hea a nsurveyin corn
EXHIBIT A .
•
Page g °f 2 Sheet 1 of 2 GARY B. NICK
R
eas*cAsa LAND SURVEYOR NO. 4245
TRACT
SKETCH OF DESCRIPTION
EASEMENT -1 xl 1 e„„ e „ J (A)
LOT 24 h. S 00114'56" E R=5879.58 L=46.60'
13.46'
0 4 =O'27'15"
(B) �Q CB=558'39'14"W
'e,� /' CHORD=46.60'
LOT 25 POINT OF tee '!et (B)
BEGINNIN °R° ,p-VJ R=2001 .89 L=53.49'
� ° y'o'siCip A =1'31 '51"
w Om
? �St, C6=549'24'42"E
LOT 26 N� \ t- St,
C� CHORD=53.48'
Cr) r� C;iic` C Ol 1'
CO 03
0- Cr' / °Oe Y
It ° CO VI / i ^\ TEMPORARY i ^
\/ J CONSTRUCTION d, /1.1
w▪ ¢a LOT 27 \ EASEMENT \ `POA °� OO
s A
z00
7
-- WL>�tRLY UNE, LOT 29
a Y
Z TRACT -C RETENBON AREA
O 0 PER FALCON COUNTY.POINT , A REPUT
PIAi BOOK 39, PAGES 98-99
Q F- LOT 28 � � ORANGE FLORIDA
4 \
a it
\/\J\
_ t
N EASTERLY
AT BOOK 39. PA ES 95 4. 99REPUT
N 0 W /
LDT 29 �t
LOT 29 'Kt LMEVIEW HEIGHTS E+
Z 40 O, PLAT BOOK E. PAGES 32, 39 dr 40 OF 11
ao
_ N ��
b Cko C�0
/ ��c, P� Peon
Wt..l[RLY MNE. TPACT 'C / �/ �� .
' A _\ ( �� P4
NNNN LOT 30 C. t^ ��i fj'Q'y1P�F
1i�s�a Y°�d6 R o
LOT 31 N (A) 0N'}vrP00oope'6ge
`0� ' J4-cc`ca
ABBREVIATIONS:
RAW = RIGHT OF WAY
R = LENGTHOF CURVE _ A
= RADIUS
• = CENTRAL ENGNG \
CR CHORDBEARING
SOUTHEASTERN SURVEYING
an & MAPPING CORP.
Do Na. No. 45727176 324 North Orlando Avenue
Job NAit 45727. GRAPHIC SCALE Maitland, Florida 32751-4702
Date: April 22. 2002 MR (407) 647-8898 fax: (407) 647-1667
Sheet 2 of 2 0 40 aO 160 EXHIBIT A
See Sheet 1 for Legal Description EXHIBIT
2 of 2