Item 16 Approval for the Granting of a 25-Foot Wide Easement for 512 3rd Street ‘Y,
Ocoee
florlda
AGENDA ITEM COVER SHEET
Meeting Date: July 20, 2021
Item # 1(O
Reviewed By:
Contact Name: TJ Tomlinson, E.I Department Director: Jamie Cro
Contact Number: 407-905-3159 City Manager: Robert Frank ' "t
•
'_Subject: Approval for the Granting of a 25-Foot Wide Easement for 512 3rd Street;
District 2: "Commissioner Wilsen:
Background Summary:
On May 18, 2021, City Commission approved the granting of a 25-foot easement along 3rd Street
covering five properties to construct a 4-inch water main due to multiple properties inquiring about water
service and the willingness to annex into the City.
The Utilities Department is preparing for construction of the 4-inch water main along 3rd Street and one
more property has inquired about water service and is willing to annex into the City. To provide water
service to 512 3rd Street, an easement from the property will have to be acquired.
This property is shown on exhibit "A" as part of the attached easement document. This property has
agreed to grant an easement to the City to build and maintain City facilities within the easement area
(see attachment 2). The work to provide water service will begin once all required documents have been
collected and the easement has been approved and recorded with Orange County.
Issue:
Approval of the Mayor and Commission to accept the granting of an easement by the property owners
of 512 3rd Street.
Recommendations:
Staff recommends that the Mayor and.City Commission authorize the City Manager for the granting of
an exclusive easement by the property owners of 512 3rd Street; and said easement shall be in an
acceptable format to the City Attorney.
Attachments:
1. Proposed 3rd Street Water Main Extension
2. 512 3rd Street Easement Document
Financial Impact:
No financial impacted from granting of easements to the City.
Type of Item: (please mark with an "x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda .
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by N/A
2
Key:
I Proposed Water Main Cal Proposed Gate Valve
ry;x-; Existing Fire Hydrant
`‘ i Ingress&Egress - — — — — - Existing Water Main Cal Proposed Line Stop 1"Water Service Line
`�\ / Pathway O
_ H ROW Line Proposed Double Service �. Proposed Blow Off
N ,' 4 Proposed\ ,� Lot Lines O Proposed Single Service (25'from Edge of Pavement)
6"z 6"z 6`TEE with Proposed 6"Water Maln 6"Line Stop Construct 259'of 6"HDPE Water Main 6"x 6"x 6"TEE with Construct 700'of 4"HDPE Water Main
6"Gate Valve(N)and Connection to Existing by Directional Drill 6"Gate Valve(W)and with 3'offset east of storm structure
6"Gate Valve(W) 6"Water Main 6"Gate Valve(N)with 6"x 4•Reducer(N) by Directional Drill
213,,t ' ,.... ;
rU
Y tir-----7 i t
1 I
�(
405 1 499 50 B03
4202 ( 403 I 3
1
I
. I. _
i 1
1 1
... w
499 2nd St.
', 1212 i 424 430 434 j 436 (502 3rd St 504 512 520.
after Lot
of Split)
1 l —I
e O dI?L ''
P+
' ,� ., .�� �, �� 3rd Street
yr 1
A
304 425 .. 499 44) 503 446 Oc e Hills Rd. 519
Cut and Cap Existing 2"Water Main Install 1"Short Construct 71'of 6"HDPE Water Main Install 1"Short Install 1"Short Install 1"Short Install Blowoff per
(by others) Double Service by Directional Drill Single Service Double Service Single Service City Detail UT203
SCALE: PROJECT: SHEET ENGINEER
1"=60' CITY OF OCOEE Proposed 3rd Street
Des1GNEDey: Water Main Extension
1Q4
� � UTILITIES DEPARTMENT P 1
T'Jean Tomlinson,E.I. Iiim �� 'g
SHEET:
��=�� �A �, 1800 A.D.Mims Rd.
DATE: ///�����r��,- �����A ' ��V'" Ocoee,Fl.34761 Plan Sheet
January 2021
lll(()I((I�Illllllllbe:: ^iiiiil111iil)11111� (407)905-3159 5 of 10 Jennifer C.Bolling,P.E.
LIC.NO:60858
I
1
THIS INSTRUMENT PREPARED BY
AND AFTER RECORDING SHOULD
BE RETURNED TO:
LOGAN J.OPSAHL,ESQ.
SHUFFIELD,LOWMAN&WILSON,P.A.
1000 LEGION PLACE,SUITE 1700
ORLANDO,FL 32801
407-581-9800
EASEMENT
THIS EASEMENT made this ./' day of �j t.Ale , 2021, between
Vivake Garib and Gita Garib , whose address. is 512 3''Street,Ocoee,Florida 34761 , (the
"GRANTOR"), and the CITY OF OCOEE, a-Florida municipal corporation, whose address is
150 North Lakeshore Drive, Ocoee,Florida 34761 (the"GRANTEE").
WIT NESSETH:That the Grantor in consideration of the sum of Ten Dollars($10.00)and
other good and valuable consideration paid, the receipt of which is hereby acknowledged, does
hereby give and grant to the GRANTEE and its successors, agents, assigns, lessees, and tenants,
an Easement in perpetuity for the purpose of providing, conveying, distributing, or carrying water
services, to include water, wastewater and stormwater etc., together with the right,privilege, and
authority to construct, locate, lay, maintain, operate, inspect, alter, improve, augment, repair,
remove, replace, relocate, and rebuild pipes, mains, conduits, equipment, and all other
improvements or accessories necessary or desirable in connection therewith (all items hereafter
being collectively referred to as the"Facilities"),which Facilities will be located on,through,over,
across,or under the following specific non-exclusive"Easement Property,"within GRANTOR'S
premises, situated in Orange County and the State of Florida,to wit:
SEE ATTACHED EXHIBIT"A"
Property Appraiser's Identification Number:
A portion of: Parcel ID No. 17-22-28-0000-00-108.
TO HAVE AND TO HOLD said Easement unto said GRANTEE and its successors,
agents,assigns, lessees, and tenants forever.
GRANTOR shall not place any landscaping,fences,structures or other obstructions within
the Easement Property that would in any way hinder the,access, operation and maintenance of the
utilities including and other related pipeline Facilities within the Easement Property.
GRANTEE shall have the right to clear and keep clear all trees, undergrowth, and other
obstructions that may interfere with access, operation and maintenance of the Easement.
GRANTEE'S obligation to restore landscaping shall be limited to an obligation to restore to
GRANTEE'S landscaping standards for City right-of-way and shall not include an obligation to
restore exotic or enhanced landscaping standards.
GRANTEE may at any time increase the use of the Easement, change the location of
Page 1 of 5
4819-8232-9304,v.1
pipelines or other Facilities within the Easement Property,or modify the size of existing pipelines
or other improvements as it may determine in its sole discretion from time to time without paying
any additional compensation to GRANTOR provided GRANTEE does not expand its use of the
Easement beyond the boundaries of the Easement Property. GRANTEE shall be responsible for
the proper construction, operation, maintenance and repair of the Facilities installed in the
Easement Property by GRANTEE, and GRANTOR shall assume no responsibility or liability for
the maintenance,repair or safe operation of such Facilities.
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 good,right,and lawful authority to grant this Easement.
[Signatures to Follow]
Page 2 of 5
4819-8232-9304,v.1
IN WITNESS WHEREOF,the said GRANTOR has caused these presents to be
executed on the day and year first above written.
Signed, sealed, and delivered GRANTOR:
in the presence of .0i4+,e
:
By: �.
Print Name: Print Name: , -,N i-1 Date: :6 r lA -7 �
Print Name: T4 j er: Tvm I;A CJII\
By: ' ` � V ti0`7C 6--Gt
Print Name: t/.v4 ' C q/z!,
Date: 6/4-.j2:6 2f
STATE OF FLORIDA ) i
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me by means of Vhysical presence or o
online notarization, this 154.4. day of Jt,i 1L,L , 2021, by
G; Aka. (-z�u:i j, , who is o personally known to me or who has produced
as identification.
, Y pu'•, CAM M.HALL
"• .-fl Notary Public-State of Florida 4 Notary Public
`'a ats Commission q HH 095089
:?1. v4 My Comm.Expires Jun 14.2025 I My Commission Expires:
'....Bonded through National Notary_Assn.
Page 3 of 5
4819-8232-9304,v.1.
IN WITNESS WHEREOF, the Grantee has caused this instrument to be executed in its
name the day and year first above written.
GRANTEE:
CITY OF OCOEE,
a Florida municipal corporation
By:
Rusty Johnson,Mayor
Attest:
Melanie Sibbitt,City Clerk
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 ,2021
LEGALITY this day of UNDER AGENDA ITEM NO.
,2021.
SHUFFIELD LOWMAN&WILSON,P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day,before me,by means of 0 physical presence or 0
online notarization, an officer duly authorized in the State and County aforesaid to take.
acknowledgments, personally appeared Rusty Johnson and Melanie Sibbitt, well known to me to
be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal
corporation, 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 ,2021. -
Notary Public
My Commission Expires:
Page 4 of 5
4819-8232-9304,v.1
EXHIBIT "A"
(Easement Property)
THE EAST 25 FOOT OF E1/2 OF FOLLOWING DESC AS: N1/2 OF N 150.8 FT OF S 808.75 FT OF E1/2 OF SE1/4
OF NE1/4(LESS E 370 FT) OF SEC 17-22-28.
512 3rd Street
25 Foot Utility Easement
Location Map
%/7
Page 5 of 5
4819-8232-9304,v. 1