Item 04 Approval to Terminate a Utility Easement with T Mobile (FKA) SprintCom, IncContact Name:
Contact Number:
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Ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: April 19, 2022
Item # q
Michael Rumer
Ext. 1018
Reviewed By:
Department Director: Mic
City Manager: Rob FranA
Subject: Termination of a Utility Easement with T Mobile (FKA) SprintCom, Inc. for the
Maintenance and Installation of Underground Facilities on a City Parcel located at 843 Marshall
Farms Road (District 3 — Commissioner Richard Firstner)
Background Summary:
On December 15, 2015, the City approved the granting of a Utility Easement to SprintCom, Inc. (now T Mobile)
over a portion of the City property located at 843 Marshall Farms Road that is already a Perpetual Easement for
Egress and Ingress for the purposes of maintaining and installing future underground facilities to a cell tower
located on 835 Marshall Farms Road. The parcel at 843 Marshall Farms Road is owned by the City and is to be
used for a retention pond to construct the widening of Maguire Road from Mercantile Court to Geneva/Story
Road.
T Mobile is now requesting the easement be terminated via a letter received on March 9, 2022, based on
Section 7 of the Easement Agreement, which states:
7. This Easement will terminate sixty (60) days after Grantee and its affiliates (and each
of their respective heirs, successors, assigns, tenants, subtenants, mortgagees and
licensees) stop using the Communications Site for communications purposes because
of the expiration or termination of the lease or other agreement, giving Grantee the
right to use the Communications Site (and any extension, renewal, modification or
replacement of that lease or other agreement).
Issue:
Should the City of Ocoee terminate a Utility Easement with T Mobile (FKA SprintCom, Inc). over a portion of
City property located at 843 Marshall Farms Road for the purposes of maintaining and installing future
underground facilities to a cell tower located on 835 Marshall Farms Road?
Recommendations
Staff recommends that the City Commission terminate SprintCom, Inc. a Utility Easement over the same
northern 12 feet of the City property located at 843 Marshall Farms Road where a Perpetual Easement already
exists to allow for the maintenance and future installation of underground facilities and authorize the Mayor and
City Clerk to execute the Utility Easement with SprintCom, Inc.
Attachments:
1) Termination of Utility Easement with SprintCom, Inc.
2) Existing Easement Agreement 12.15.2015
3) Termination of Easement Agreement
4) Aerial location map
Financial Impact:
None
Type of Item: (please mark with an 'x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X 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
Reviewed by Finance Dept.
Reviewed by _()
For Clerk's Dept Use:
X Consent Agenda
Public Hearing
Regular Agenda
X N/A
_ N/A
N/A
2
SENT VIA: FEDEX #7762 5585 3090
March 9, 2022
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
RE: Notice of Termination of Utility Easement dated on or about December 15, 2015, as the same
may have been amended from time to time, ("Easement"), by and between The City of Ocoee, a
Florida municipal corporation ("Grantor"), and SprintCom, Inc., a Kansas corporation
("Grantee")
Site Address: 835 Marshall Farms Road, Ocoee, FL 34761
Site ID: OR27XCO13
Easement ID: OR27XCO I 3-A-002
To Whom It May Concern,
Pursuant to Section 7 of the above -referenced Easement, this letter serves as written notice that Grantee
is terminating the Easement, effective July 31, 2022.
Grantee requests the return of any security deposit or other funds previously paid to you or any predecessor
Grantor. Grantee will and expects that each party will execute any further documentation reasonably
requested to evidence the termination of the Easement, including, but not limited to a release of any bonds
or other form of security and release of memorandum of agreement.
If you pay additional taxes due to Grantee's equipment or location at the Property, please contact your local
taxing authority to have your property re-evaluated, as Grantee is no longer responsible for any additional
taxes or assessments once its equipment is removed.
Grantee highly values the relationship that was established with you. I would like the opportunity to contact
you in the future should our network or business requirements change. Should you have any questions or
need additional information, please send an email to Leasing_gt-mobile.com referencing the Site ID and
Agreement ID noted above in your email subject line, and a representative of the decommission team will
contact you.
Thank you for your time,
14" &zt&
Amy Curtis
Regional Lease Negotiation Manager
Sprint. k T Mobile-
6220 Sprint Parkway - Mailstop KSOPHD0101-Z2650
Overland Park, KS 66251-2650
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
Sprint Property Services
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
.)ace above this line for Recorder's use
UTILITY EASEMENT
As of this 1 day of - L7zdl, e„1hrI - , 2015, for nominal
consideration, the receipt and sufficiency of which are acknowledged, The City of Ocoee, a Florida
municipal corporation ("Grantor"), hereby grants and conveys to SprintCom, Inc., a Kansas
corporation ("Grantee"), and each of its affiliates, an appurtenant non-exclusive twelve -foot wide
utility easement (the "Easement") for underground utility conduits, cables and related facilities
under and across a portion of land belonging to Grantor and described in the attached Exhibit A
(the "Property"). The Easement is for the benefit of and appurtenant to a wireless
communications facility, as may be modified or extended from time to time, located on Property
described in the attached Exhibit B (the "Communications Site"). The Easement area will be
located as more particularly described in the attached Exhibit C ("Easement Tract"), and shall
be subject to the following terms:
"Access purposes" include, but are not limited to, pedestrian and vehicular ingress and
egress to and from the Easement Tract pursuant to a Grant of Perpetual Easement for
Egress and Ingress recorded February 7, 1994 in Orange County in Book 4695, Page
1085 and to maintain the underground cables, lines, conduit and related facilities as
granted by this Utility Easement in the Easement Tract 24 hours per day, 7 days per
week. Grantee shall only be permitted to park, load or unload vehicles within the
Easement Tract.
2. "Utility purposes" include, but are not limited to, the installation, repair, alteration,
maintenance, and removal of underground telephone, electrical and other utility lines,
equipment and appurtenances.
3. Grantor hereby warrants to Grantee that Grantor has fee title to the Easement Tract,
subject to easements, reservations, restrictions, and right of way of record, if any, and
that Grantor has full power and authority to grant this Easement to the Grantee as to
the Easement Tract. This Easement shall be deemed to run with the title to the land
referred to herein and shall inure to the benefits and burdens of the parties hereto and
to the successors and assigns of the parties hereto including their respective heirs,
tenants, subtenants, mortgagees and licensees. Grantee's rights hereunder shall not
Sprint Site Number: OR27XCO 13
lapse in the event Grantee does not use the Easement Tract or exercise its rights
hereunder.
4. This Easement is granted to the Grantee solely for the purposes described herein and
shall not be construed to grant the general public any rights or privileges with respect
to the use of the Easement Tract. In the event the Grantor requires the relocation of
Grantee's underground utility conduits, cables, and related facilities that are located
within the Easement Tract, the parties hereto agree that Grantee shall bear the cost of
relocating said underground utility conduits, cables and related facilities.
5. Except as expressly set forth herein, Grantor reserves the right to utilize the Easement
Tract for any purpose which does not interfere with the use of the Easement Tract by
Grantee and the purposes set forth herein.
6. Grantee agrees to indemnify and hold harmless Grantor from and against any and all
claims, actions, causes of action, loss, damage, injury, liability, cost or expense,
including without limitation, reasonable attorney's fees arising from Grantee's use of
the Easement Tract or from the exercise by Grantee of any rights under the terms of
this Easement, except for claims arising from the negligence or intentional
misconduct of Grantor. Nothing herein shall be deemed or constitute a waiver of
Grantor's sovereign immunity protections as provided in Section 768.28, Florida
Statutes, as may be amended from time to time, or as a waiver of any other defense or
immunities to lawsuits. This paragraph shall survive termination of the Easement.
7. This Easement will terminate sixty (60) days after Grantee and its affiliates (and each
of their respective heirs, successors, assigns, tenants, subtenants, mortgagees and
licensees) stop using the Communications Site for communications purposes because
of the expiration or termination of the lease or other agreement giving Grantee the
right to use the Communications Site (and any extension, renewal, modification or
replacement of that lease or other agreement).
All notices must be in writing and are effective only when deposited in the U.S. mail,
certified mail, return receipt requested and postage prepaid or when sent via overnight
delivery service. Notices to Grantee are to be sent to: Sprint Property Services,
Mailstop KSOPHTO101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas
66251-2650, with a mandatory copy to: Sprint Law Department, Mailstop
KSOPHTO101-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020,
Attn.: Real Estate Attorney. Notices to Grantor must be sent to the address shown
underneath Grantor's signature.
Grantor and Grantee have caused this instrument to be executed this day of
,20
Witnesses:
By:
Print A;F
By: NnW't,,
Printed Name: A Y o Al S d 1- h/:1,y✓ y (.�
STATE OF D (A—.
COUNTY OF
GRANTEE:
SprintCom, Inc., a Kansas corporation
By:
Name: A_ -A 54(y k
Address: Mailstop KSOPHT01 1-Z2650
6391 Sprint Parkway
Overland Park, KS 66251-2650
Attn: Sprint Property Tax Dept.
Pursuant to Uniform Acknowledgment Act
On this � day of IVOV cr 20 /5 ,before me, the
undersigned officer, personally appeared • c X• Ie& who acknowledged
herselfthimself to be the R iondl-g% igbpMQjkAdqL (Offi er's Title) of
arx4d.4* .(Name of C poration), a corporation, and the
shele, as such Officer's Title), being authorized so to
do, executed the regoing instrume t for the rposes therein contained, by ssignmg the
name of the corporation by herself(himself as Q,1%Pfirjjk&4ff1cer1s
Title).
In witness whereof I hereunto set my hand and official seal.
Title of Offic'er/Notary
MARGUERJTE ANN AUIIK
Commission N FF 183300
My Commission Expires
December 16, 2016
Sprint Site Number: OR27XCO13 3
GRANTOR:
City of Ocoee, a Florida Municipal Corporation
a
L'�*
Mayor
ATTEST:
e ikenbeny, City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
.—QC.embgr' /S f`` , 2015
UNDER AGENDA ITEM NO. 3
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this /5TMday of
"buC ,2015
SHUFFIELD, LOWMAN & WJ11SON, P.A.
By:
City o
RETURN TAX STATEMENT TO:
GRANTOR
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
GRANTEE:
SprintCom, Inc.
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
Attn: Sprint Property Tax Department
Sprint Site Number: OR27XCO13 4
EXHIBIT A
Legal Descriotion of the Prog)erty
Begin at the Northeast corner of the Southwest quarter of the Southeast quarter of Section
19, Township 22 South, Range 28 East, run thence West along the North line of the Southwest
quarter of the Southeast quarter of said Section 19, for a distance of 372.35 feet more or less to
the Easterly Right -of -Way line of Marshall Farms Road (Ocoee Bulah Hard Road), then South
43' West along said Right -of -Way line 274 feet, thence East 559.14 feet more or less to the East
line of the Southwest quarter of the Southeast quarter of said Section 19, thence North 0°33'00"
East 200.47 feet to the Point of Beginning
Tax Parcel 19-22-28-0000-00-013
Grantor Initials:
Grantee Initials:
Sprint Site Number: OR27XCO13 5
EXHIBIT B
Legal Description of the Communications Site
A tract of land lying in and being part of the West Half (W/2) of the Northwest Quarter (NW/4),
of the Northeast Quarter (NE/4) of the Northeast Quarter (NE/4), Section (9), Township fourteen
(14) North, Range Eighteen (18) East of the Indian Meridian, Muskogee County, Oklahoma
being more particularly described by metes and bounds as follows:
Commencing at a Brass Cap found for the Northeast corner of said Northeast Quarter (NE/4);
Thence S 88°04'26" W along the North line of said NE/4, a distance of 944.55 feet to a point on
said North line; Thence S 01 03546" E, a distance of 491.44 feet to a #3 iron rod w/cap set for
site corner, said point also being the Point of Beginning;
Thence continuing S 01 °35'46" E, a distance of 50.00 feet to a #3 iron rod set for site comer;
Thence S 88°24'14" W, a distance of 50.00 feet to a #3 iron rod set for site comer;
Thence N 01°35'46" W, a distance of 50.00 feet to a #3 iron rod set for site corner;
Thence N 88°24' 14" E, a distance of 50.00 feet to the point of Beginning, containing 2,500
square feet or 0.057 acres, more or less.
Grantor Initials.
Grantee Initials:
Sprint Site Number: OR27XCO13 6
EXHIBIT C
Legal Description of Easement Tract
SEE ATTACHED SUR VEY
Grantor Initials:
Grantee Initials:
Sprint Site Number: OR27XC013 7
SKETCH OF DESCRIPTION
(PAGE 1 OF 2)
LEGAL DESCRIPTION:
A Portion of the Southwest 1/4 of the Southeast 1/4 of Section 19, Township 22
South, Range 28 East, Orange County, Florida, being more particularly described as
follows:
Begin at the Northeast corner of said Southwest 1/4 of the Southeast 1/4 of Section
19, Township 22 South, Range 28 East, thence run South 00'33'00" West along the
East line of said SW 1/4 of the SE 1/4 of Section 19, a distance of 12.00 feet;
thence run North 90'00'00!' West along a line parallel with and 12 feet South of the
North line of said Southwest 1/4 of the Southeast 1/4 of Section 19, a distance of
356.46 feet to the Easterly Right of Way line of Marshall Farms Road as described in
Official Record Book 5468, Page 2926, Public Records of Orange County, Florida; thence
run North 42' 15'55' East along said Easterly Right of Way line of Marshall Farms Road,
a distance of 16.21 feet to a point on said North line of the Southwest 1/4 of the
Southeast 1/4 of Section 19; thence leaving said Easterly Right of Way line of Marshall
Farms Road, and run South 90'00'00" East along said North line of the Southwest 1/4
of the Southeast 1/4 of Section 19, a distance of 345.67 feet to the Point of
Beginning.
Contains 4,213 square feet or 0.0967 Acres, more or less.
JOB #901147
CF# OC19-22-28SOD
DATE: 10-07-2015
SCALD 1' = 100'
,DRAWN BY, PJT
REVISIONS
Altamak. ".S ying
910 B�IILe ;lAybuei a-.1140
Cdeagl6rry4, -.4 '-327 013
Ph )r 407,42 7 761-7
Licensed .Bunintft Nir. 31833
www.yligrhgxeuryeylfio;com
Qlgkatiy signed by Robert
C Johnson
Date: 2015.10.09 07:2315
-04'00'
Robert C. Johnson PSM 5551
PREPARED FOR:
Tower Construction & Technical
Services
GENERAL NOTES:
1. Searing structure based on the North line, SW 1/4, SE 114, of Section
19, Township 22 South, Range 28 East, being; S90'00'00'E, par Official
Record Book 8709, Page 4515, Public Records of Orange County,
Florida.
2. This surveyor has not made a search of the public records for any
dedications, limitations, restrictions or easements other than shown
hereon.
3. This Sketch of Description has been made for the exckn" use of
to entities prepared for, hereon and does not extend to any unnamed
parties.
4. This Sketch of Description Is not a Survey.
5. This Survey Is "Not Velld' wlthout the signature and the original
raised seal of this Florida licensed Surveyor and Mapper, unless
provided with electronic signature with the ability to validate. (See:
www.atiamaxsurveying.com for Instructions on signature validation). The
seal appearing on this document was authorized by Robert C Johnson
on the Date of the electronic signature.
LEGEND I
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- CONCRETE MONUMENT
CONC - CONCRETE
OOVD - COVERED
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_ DESCRIBEDAN& MMEASUREO
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DRAPIAGE EASEMENT
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- EDGE OF PAVEMENT
ESMT - EASEMENT
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- FIRE HYDRANT
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- ARC LENGTH
WAS - MEASURED
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PROD
OF COMMENCEMENT
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UP
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/ - NUMBER
SKETCH OF DESCRIPTION
(PAGE 2 OF 2)
qar,
O
TAX PARCEL 19-22-28-0000-00-036
NOT PLATTED
P.O.B.
NE CORNER, SW 1/4. SE 1/4.
/ SECTION 19-22-28
/ NORTH LINE, SW 1/4. SE 1/4,
/ SECTION 19-22-28
/ L4
L2
12' UTILITY EASEMENT
TAX PARCEL 19-22-28-0000-00-013
OWNER: CITY OF OCOEE
LINE
BEARING
DISTANCE
L1
S00'33'00"W
12.00'
L2
N90'00'00"W
356.46'
L3
N42'15'557E
16.21'
L4
S90'00'00"E
345.67'
Altamax Surveying
910 Belle Avenue, Suite 1140
Caeeelberry, FL 32708
Phone: 407-677-0200
Licensed Business No. 7833
www.altamaxsurvoying.com
1
GRAPHIC SCALE
0 100 200
1 INCH = 100 FT.
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Robin G. Drage, Esq.
Shuffield Lowman & Wilson, P.A.
1000 Legion Place Suite 1700
Orlando, FL 32801
TERMINATION OF EASEMENT
THIS TERMINATION OF EASEMENT (this "Easement Termination") is made,
executed, and delivered on this day of , 2022, by and between the City of
Ocoee, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee,
Florida 34761 (the "City"), and SprintCom, Incorporated, a Kansas Corporation, whose address
is 6391 Sprint Parkway, Overland Park, Kansas 66251-2650 ("SprintCom").
WITNESSETH:
WHEREAS, pursuant to that certain Utility Easement dated December 15, 2015,
recorded in Official Records Book 11032, Page 0415, Public Records of Orange County, Florida
(the "Easement"), City granted to SprintCom that certain easement for utilities across that
certain real property described as the "Easement Tract" in the Easement for the benefit of
SprintCom; and
WHEREAS, Paragraph 7 of the Easement provided for the termination of the Easement
sixty (60) days after SprintCom and its affiliates (and each of their respective heirs, successors,
assigns, tenants, subtenants mortgagees, and licensees), stop using the Communications Site for
communication purposes because of the expiration or termination of the lease or other agreement
giving Grantee the right to use the Communications Site (and any extension, renewal,
modification or replacement of that lease or other agreement); and
WHEREAS, City and SprintCom have determined that the Easement should be
terminated and City and SprintCom hereby desire to release and terminate the Easement and
cancel the same of record as set forth more particularly herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the undersigned, City and SprintCom do hereby agree and
confirm that the Easement is hereby released, terminated, canceled and is and shall be null and
void and the parties shall have no further rights or obligations as to the Easement.
This Agreement shall be binding upon and inure to the benefit of the land that was
subject to the Easement.
SIGNATURES TO FOLLOW
IN WITNESS WHEREOF, City and SprintCom has executed this Termination
Agreement on the day and year first above written.
ATTEST:
City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2022.
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
Signed, Sealed and Delivered
In our presence:
Print Name:
Print Name:
STATE OF
COUNTY OF
SPRINTCOM, INC., a Kansas
Corporation
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2022, by
as of SprintCom, Incorporated, a Kansas corporation, on behalf of the
corporation, who is personally known to me or who has produced as
identification.
Signature of Notary
SEAL
Location Map
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To w r aV
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Easement Loca ion
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