Item 02 Approval of an Amendment to the Utility Easement Agreement between Lake Lilly Professional Center Property Owners Association, Inc., Heller Bros. Groves, Lake Lilly Apartments, LLC, and City of Ocoee0 C 0
Florida
STAFF REPORT
Meeting Date: March 21, 2023
Item #: 2
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Robert Frank
Subject: Approval of an Amendment to the Utility Easement Agreement between Lake Lilly
Professional Center Property Owners Association, Inc., Heller Bros. Groves, Lake Lilly
Apartments, LLC, and City of Ocoee. (Development Services Director Rumer)
Background Summary.
In 1991, the City of Ocoee and Heller Bros. Groves entered into a Utility Easement Agreement for land located
within the Lake Lilly Professional Center. A public water line was constructed on Heller Bros. land and an
easement was put in place to allow the City to enter and maintain the water line. It was recently found during
site work for the Alibi at Lake LiIIy that the water line was not located within the description of the easement
and a new/amended easement is needed to facilitate the City's rights over said water line.
Issue:
Should the Honorable Mayor and City Commissioners approve an Amendment to the Utility Easement
Agreement between the City of Ocoee, Lake Lilly Professional Center Property Owners Association, Heller
Bros. Groves, and Lake Lilly Apartments, LLC?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve an Amendment to the Utility
Easement Agreement between the City of Ocoee, Lake Lilly Professional Center Property Owners
Association, Heller Bros. Groves, and Lake Lilly Apartments, LLC.
Attachments:
1. Amendment to Utility Easement Agreement
2. Survey showing existing Utility Easement
3. Original Easement Agreement
Financial Impacts:
N/A
Type of Item: Consent
City of Ocoee • 1 N. Bluford Avenue • Ocoee, Florida 34761
Phone: (407) 905-3100 • www.ocoee.org
Page 6 of 146
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Paul E. Rosenthal, Esq.
2605 Norfolk Road
Orlando, FL 32803
(407) 758-3301
RETURN TO:
Melanie Sibbitt, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
AMENDMENT TO UTILITY EASEMENT AGREEMENT
THIS AMENDMENT TO UTILITY EASEMENT AGREEMENT (this
"Amendment") is made and entered into as of the day of , 2023, by and
between LAKE LILLY PROFESSIONAL CENTER PROPERTY OWNERS
ASSOCIATION, INC., a Florida not -for -profit corporation, whose mailing address is P.O. Box
770249 Winter Garden, FL 34777-0249 (the "Association"), HELLER BROS. GROVES, a
Florida general partnership, whose mailing address is P.O. Box 770249, Winter Garden, FL 34777-
0249 ("HBG"), LAKE LILLY APARTMENTS, LLC, a Delaware limited liability company,
whose mailing address is c/o Fore Property Company, 1741 Village Center Circle, Las Vegas, NV
89134 ("LLA") and the CITY OF OCOEE, a Florida municipal corporation, whose address is 1
North Bluford Avenue, Ocoee, Florida 34761 (hereinafter referred to as the "City") (the
Association, HBO, LLA and City are sometimes together referred to herein as the "parties", and
separately as the "party").
WITNESSETH:
WHEREAS, HBG and the City have previously entered into that certain Utility Easement
Agreement dated February 5, 1991 as recorded on February 21, 1991 in Official Records Book
4263, Page 1607 of the Public Records of Orange County, Florida (the "Easement Agreement");
and
WHEREAS, pursuant to the Easement Agreement the City installed certain waterlines
which are owned and maintained by the City and part of the City utility system (the "waterlines");
and
WHEREAS, in connection with LLA's development of an apartment project within the
Lake Lilly Center it was discovered that a portion of the waterlines are located outside of the
Easement Lands; and
Page 7 of 146
WHEREAS, HBG owns fee simple title to those certain lands located within the City of
Ocoee, Orange County, Florida, as more particularly described in Exhibit "I" attached hereto and
by this reference made a part hereof (the "Easement Three Land"); and
WHEREAS, Association owns fee simple title to those certain lands located within the
City of Ocoee, Orange County, Florida, as more particularly described in Exhibit "2" attached
hereto and by this reference made a part hereof (the "Easement Four Land"); and
WHEREAS, LLA owns fee simple title to those certain lands located within the City of
Ocoee, Orange County, Florida, as more particularly described in Exhibit "Y attached hereto and
by this reference made a part hereof (the "Easement Five Land"); and
WHEREAS, the waterlines are located within portions of the Easement Three Land, the
Easement Four Land and the Easement Five Land; and
WHEREAS, the City has requested that the Easement Agreement be amended so as to
include the Easement Three Land, the Easement Four Land and the Easement Five Land within
the scope of the Easement and the definition of the Easement Lands.
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:
1. Recitals; Definitions. The above recitals are true and correct, form a material part
of this Amendment and are incorporated herein by reference. Any capitalized terms used herein
which are not otherwise defined shall be as defined in the Easement Agreement.
2. Amendment to Easement Agreement. The Easement Agreement is hereby
amended to add the Easement Three Land, the Easement Four Land and the Easement Five Land
to the definition of "Easement Lands" so that all references in the Easement Agreement to the
"Easement Lands" shall hereafter cumulatively refer to the Easement One Land, the Easement
Two Land, the Easement Three Land, the Easement Four Land and the Easement Five Land.
3. Termination of Temporary Construction. The parties hereto acknowledge that
the Temporary Construction Easement set forth in the Easement Agreement has previously
automatically terminated in accordance with the provisions of Section 7 of the Easement
Agreement.
4. Successors and Assigns. The Association and LLA are successors to HBG for
portions of the Easement Lands and the Easement Agreement is binding upon and inures to the
benefit of the parties to this Amendment as contemplated by the provisions of Section 12 of the
Easement Agreement.
5. Effect of Amendment. All other terms and provisions of the Easement
Agreement are ratified, shall remain unchanged and shall continue in full force and effect.
Should any provisions of this Amendment conflict with the Easement Agreement, the
provisions of this Amendment shall control.
2
Page 8 of 146
6. Execution in Counterparts. This Amendment may be executed by the parties in
multiple counterparts, which when taken together shall have the full force and effect of a fully
executed amendment between the parties.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as
of the day and year first written above.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF ORANGE
ASSOCIATION:
LAKE LILLY PROFESSIONAL CENTER
PROPERTY OWNERS ASSO ATION, INC.,
a Florida nbt- 1 profit cornor % !
Harry Falk,)fice-President
The foregoing instrument was acknowledged before me by means of [ ✓ physical presence
or [_1 online notarization, this 1-b*' day of F6ntAN , 2023, by HARRY FALK, as
Vice -President of LAKE LILLY PROFESSIONAL CENTER PROPERTY OWNERS
ASSOCIATION, INC., a Florida not -for -profit corporation, on behalf of the corporation. He LVA
is personally known to me, or has produced (type of
identification) as identification.
r•
Notary Signat re: VQktc 4&gbmL-�
v�c�u error soN Print Name: 1r1. e YSun
MYCOMMISSION #HH225d85 Notary Public, State of Y
=y. EXPIRES: June 7, 242fi Commission Number: d1'�lrj
P OF,�yO
My Commission Expires:"90.1,44
[Affix Notary Stamp or Seal]
Page 9 of 146
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
the day and year first written above.
Signed, sealed and delivered
in the presence of:
Print Name: A14 411
STATE OF FLORIDA
COUNTY OF ORANGE
HBG:
HELLER BROS. GROVES,
a Florida general partnership
By: HELLER BROS. PACKING CORP.,
a Florida cor4ration,
Falld Vice -President
(CORPORATE SEAL)
The foregoing instrument was acknowledged before me by means of Lv physical
presence or U online notarization, this 1� day of r , 2023, by HARRY
FALK, as Vice -President of HELLER BROS. PACKING CORP., a Florida corporation, as
Managing General Partner of HELLER BROS. GROVES, a Florida general partnership, on
behalf of said general partnership and corporation. He L-qis personally known to me, or L—] has
produced (type of identification) as identification.
WICKIE ANaERSON
MY COMMISSION # HH 225485
oe4 ' EXPIRES: June 7, 2026 Signature of Notary Public
(Print Notary Name)
AFFIX NOTARY STAMP
My Commission Expires:
Commission No.: fist
0
Page 10 of 146
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
the day and year first written above.
Signed, sealed and delivered
in the presence of:
Apr
Print Name: c� G
Print Name:�Q51-
STATE OF 'T \ Dv't r-G-
COUNTY OF OV 6kv-'�
LLA:
LAKE LILLY APARTMENTS, LLC,
a Delaware limited liability company
Christopher L. New
Authorized Signatory
The foregoing instrument was acknowledged before me by means [X of physical presence
or [ ] online notarization, this ?J'--t day of RbrvA. , 2023, by Christopher L. New, as an
Authorized Signatory of LAKE LILLY APARTMENTS, LLC, a Delaware limited liability
company, on behalf of said company. He [)(] is personally known to me or [ ] has produced
N i k as identification.
TRAE BAKER
*: *_' MY COMMISSION # HH 299480
oe = EXPIRES: August IG, 2026
r OF FLU
5
(Signature of Notary Public)
~C►�c� 2 '3004&
(Typed name of Notary Public)
Notary Public, State of FI pq'JOL
Commission No.: lA \A a'11490
My Commission Expires: Pty.�5U�
Page 11 of 146
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
the day and year first written above.
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. Approved as
to forme and legality this day of
.2023.
Shuffield, Lowman & Wilson, P.A.
City Attorney
CITY:
CITY OF OCOEE, FLORIDA
IN
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
UNDER
AGENDA ITEM NO.
0
Page 12 of 146
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, by means of ❑ physical presence or
❑ online notarization, an officer duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT,
personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE,
FLORIDA 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.
WITNESS my hand and official seal in the County and State last aforesaid this day
❑ f , 2023.
AFFIX NOTARY STAMP
Signature of Notary Public
(Print Notary Name
My Commission Expires:
Commission
7
Page 13 of 146
EXHIBIT "I'
EASEMENT THREE LAND
Sketch of Description and legal description follow this page.
Page 14 of 146
LEGAL DESCRIPTION
UTILITY EASEMEN-
A PORTION OF LOT 3, LAKE LILLY PROFESSIONAL CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 104, PAGES 30 - 32, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING WITHIN SECTION 29, TOWNSHIP 22
SOUTH, RANGE 28 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEASTERN MOST CORNER OF LOT 3 OF SAID LAKE LILLY PROFESSIONAL CENTER SUBDIVISION;
THENCE RUN NORTH 76'15'53" WEST A DISTANCE OF 40.27 FEET ALONG THE SOUTHERN BOUNDARY OF SAID LOT 3 TO THE
POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHERN BOUNDARY NORTH 76'15'53" WEST A DISTANCE OF 7.29
FEET; THENCE DEPARTING SAID SOUTHERN BOUNDARY RUN NORTH 51'40'56" EAST A DISTANCE OF 85.24 FEET TO A POINT
ALONG THE NORTHWESTERLY LINE OF AN EXISTING 15' WIDE UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK
4263, PAGE 1607, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE SOUTH 39'25'36" WEST ALONG SAID
NORTHWESTERLY LINE A DISTANCE OF 59.13 FEET; THENCE SOUTH 67'31'30" WEST A DISTANCE OF 24.92 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINING 595 SQUARE FEET OR 0.014 ACRES, MORE OR LESS.
1. THIS IS NOT A BOUNDARY SURVEY.
2. THE PURPOSE OF THIS SKETCH OF DESCRIPTION iS TO DESCRIBE THE LIMITS OF AN ADDITIONAL UTILITY
EASEMENT.
3. NO CORNERS WERE SET AS PART OF THIS SKETCH OF DESCRIPTION.
4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
5. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF THE SOUTH 1/2 OF THE:
NORTHWEST 1/4 SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING SOUTH 89°42'11" WEST.
SYMBOLS AND ABBREVIATION
N = NORTH
LEGEND:
RAW = RIGHT OF WAY
CERTIFICATIONS:
TO: LAKE LILLY PROFESSIONAL CENTER
_ = EAST
COR. = CORNER
PROPERTY OWNER'S ASSOCIATION, INC.;
= SOUTH
PG(S) = PAGE (PAGES)
LAKE LILLY APARTMENTS, LLC;
HELLER BROS GROVES.
w = WEST
AVE, = AVENUE
CITY OF OCOEE
ORB. = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH
SURVEYOR'S CERTIFICATION
HEREBY CERTI FY THAT THIS SURVEY RE PRESE NTE D H E RE ON IS TRU E
AND CORRECT TO THE BEST 9F MY KNOWLEDGE, INFORMATION, AND
BELIEF. IT HAS BEEN PREPARED IN ACCORDANCE WITH THE
STANDARDS SET FORTH IN CHAPTER SJ•17 OF THE FLORIDA
ADMINISTRATIVE CODE PU RSUANT TO TO CHAPTERS 177 AND 472 OF
THE FLORIDA STATUES.
LAKE LILILY -OCOEE PROJECT
Digitally
Lb- S
signed by
Sherry Manor
: Datc
2023,01.31
11:5751
-05,00,
Diversified
PFofessionaI Surveyor and Mappers
499 STATE ROAD 436 1 SUITE 117 I CASSELBERRY, FL 1 32707
PHOH E 407.691.38361 FAX 407.592.6541
WWW.LSSL RVEYOILCOM I INFO@LSSURVEYOR.CDM
PROFESSIONAL SURVEYOR & MAPPER FJage LI 51qB
PROJECT No. 2 IDOS31
PRAWN DATE 2023.01.12
SURVEY BY N/A
REVIEW ED BY SPA
SURVEY DATE N/A
APPROVED BY SIM
DRAWN BY BES
CLIENT FILE No. NIA..
No.
DATE
BY
DFSC RI PTI ON
SHERRY L. MANOR, PSM - LSN 7829
MIS suvver IMP ANDAM 11 P R NorYNno wRHDUME
SMATIIRE MID M E ORIGINAL RAKED 5110 at THE ADM.
SKETCH
OF DESCRIPTION
UTILITY EASEMENT
r
NORTHWESTERLY LINE OF
THE 15' WIDE UTILITY
EASEMENT AS RECORDED
IN OFFICIAL RECORDS
BOOK 4263, PAGE 1607
/
HELLER BROS GROVES
HELLER BROS GROVES
PARCEL NO.
PARCEL NO.
29-22-28-4571-04-000
29-22-28-4571-03-000 /
LOT 4
LOT 3
LAKE LILLY PROFESSIONAL
LAKE LILLY PROFESSIONAL /
CENTER SUBDIVISION
CENTER SUBDIVISION
PLAT BOOK 104, PAGES 30-32
PLAT BOOK 104, PAGES 30-32
EASEMENTITY
' " ALL CORDBOOK
N51'4D 56 E 86.24' OFFICIAL
/
// % 4253, PAGE 1607
S39'25'35"W 59.13'
WEST END PROFESSIONAL PARK PROPERTY
/
OWNERS ASSOCIATION INC
S67'31'30"W 24,92'
PARCEL NO. 29-22-28-9169-00-001 N76'15'53"W 7,29'
_
TRACT "A"
STORMWATER MANAGEMENT AREA
POINT OF COMMENCEMENT
DRAINAGE EASEMENT
_
SE. COR., LOT 3 LAKE
WEST END PROFESSIONAL PARK UNIT 1
PLAT BOOK 34, PAGES 139-141
- _ / LILLY PROFESSIONAL
CENTER SUBDIVISION
PER PB. 104, PG'S. 30-32
N76'15'53"W 40.27'
SOUTHERN BOUNDARY
•
, OF LOT 3
- = ell
_
POINT OF BEGINNING
.
/
WEST ENO PROFESSIONAL PARK PROPERTY OWNERS ASSOCIATION INC N
PARCEL NO. 29-22-28-9169-00-002
I I
�
TRACT "B"
CONSERVATION AREA
DRAINAGE EASEMENT
WEST END PROFESSIONAL PARK UNIT 1
'
PLAT BOOK 34, PAGES 139-141
SHEET 2 OF 2
SEE SHEET 1 FOR DESCRIPTION
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THIS SURVEY REPRESENTED HEREON IS TRUE
0 50 100
AN D CORRECT TOTH E BEST OF MY KNOWLEDG E, INFORMATION, AND
Feet
BELIEF. IT HAS BEEN PREPARED IN ACCORDANCE WITH THE
STANDARDS SET FORTH IN CHAPTER SJ-17 OF THE FLOR IDA
ADMINISTRATIVE CODE PLIRSUANT TO TO CHAPTERS 177 AND 472 OF
THE FLORIDA STATUES.
LAKE LILLY - OCOEE PROJECT
Digitally
L S
signed 4y
Sherry Manor
PROJECT No. 7100531
DRAWN DATE 2023,D1,13
SURVEY BY N/A
REVIEWED BY
SM
Date:
Diversified
SURVEY DATE N/A
APPROVED BY
5M
2023.0131
1158-07
Professional Surveyors and Mappers
DRAWN BY 85
CLIENT FI LE No.
N/A
_05rU0'
489 STATE ROAD tM I SUITE 117 I CA5SE1-9ERRY, FL 132707
BY
DESCRIPTION
PHONE 407.661.3835 ! FAX 407,01,6541
LNo,DATE
SHERRY L. MANOR, PSM - LSH 7829
WWWISSURVEYOR.COM I INFD@LsSURVEYOR,COM
THrsww" IAAPAHDjOARVORTISRR3TvwOVRrHOiJETHE
51SHATUR E AND THE OR i IWAL RAISED SEAL OE THEA1;
PROFESSIONAL SURVEYOR &MAPPER LI 8
EXHIBIT "T'
EASEMENT FOUR LAND
Sketch of Description and legal description follow this page.
Page 17 of 146
LEGAL DESCRIPTION
UTILITY EASEMENT
PART A:
A PORTION OF TRACT 'A' OF WEST END PROFESSIONAL PARK UNIT 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 34, PAGES 139 - 141, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING WITHIN SECTION 29, TOWNSHIP 22
SOUTH, RANGE 28 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEASTERN MOST CORNER OF LOT 3 OF LAKE LILLY PROFESSIONAL CENTER SUBDIVISION ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 104, PAGES 30 - 32; THENCE RUN NORTH 76'15'53" WEST A
DISTANCE OF 14.88 FEET ALONG THE SOUTHERN BOUNDARY LINE OF PREVIOUSLY MENTIONED LOT 3; THENCE DEPARTING
SAID SOUTHERN BOUNDARY LINE RUN SOUTH 67'31'30" WEST ALONG THE SOUTHEASTERLY LINE OF AN EXISTING 15' WIDE
UTILITY EASEMENT AS RECORDED IN ORB 4263, PAGE 1607, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA A DISTANCE OF
21.14 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 51'40'56" WEST A DISTANCE OF 42.22 FEET; THENCE RUN
SOUTH 59'41'28" WEST A DISTANCE OF 192.19 FEET; THENCE SOUTH 57'23'02" WEST A DISTANCE OF 120,84 FEET; THENCE
SOUTH 55'42'23" WEST A DISTANCE OF 51.90 FEET; THENCE SOUTH 56'25'12" WEST A DISTANCE OF 106.05 FEET TO A
POINT ALONG THE EASTERLY LINE OF THE AFORESAID 15' WIDE EXISTING UTILITY EASEMENT; THENCE NORTH O'54'37" EAST
A ALONG SAID EASTERLY LINE A DISTANCE OF 2.45 FEET; THENCE NORTH 43'22'05" EAST A DISTANCE OF 101.76 FEET;
THENCE DEPARTING SAID EASTERLY LINE RUN NORTH 56'25'12" EAST A DISTANCE OF 5.38 FEET; THENCE NORTH 55'42'23"
EAST A DISTANCE OF 52.11 FEET; THENCE NORTH 57'23'02" EAST A DISTANCE OF 121.71 FEET; THENCE NORTH 59'41'28"
EAST A DISTANCE OF 95.55 FEET TO A POINT ON THE SOUTHEASTERLY LINE SAID EXISTING UTILITY EASEMENT; THENCE
NORTH 67'31'30" EAST ALONG SAID UTILITY EASEMENT A DISTANCE OF 140.26 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 10,214 SQUARE FEET OR 0.234 ACRES, MORE OR LESS.
PART B
A PORTION OF TRACT 'A' OF WEST END PROFESSIONAL PARK UNIT 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 34, PAGES 139 - 141, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING WITHIN SECTION 29, TOWNSHIP 22
SOUTH, RANGE 28 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEASTERN MOST CORNER OF AFORESAID TRACT 'A' OF WEST END PROFESSIONAL PARK UNIT 1
ALSO BEING A NORTHEASTERN CORNER OF LAKE LILLY APARTMENTS LLC PARCEL NUMBER 29-22-28-0000-00-007;
THENCE RUN NORTH 81'20'27" WEST A DISTANCE OF 25.22 FEET ALONG THE SOUTHERN BOUNDARY LINE OF SAID TRACT
"A" AND NORTHERN BOUNDARY OF SAID LAKE LILLY APARTMENTS PARCEL TO A POINT OF INTERSECTION WITH THE WESTERN
BOUNDARY OF AN EXISTING 15' WIDE UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 4263, PAGE 1607,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHERN BOUNDARY LINE NORTH 81'20'27" WEST A DISTANCE OF 9.32 FEET; THENCE DEPARTING SAID SOUTHERN
BOUNDARY LINE OF TRACT 'A' RUN NORTH 2'43'21" EAST A DISTANCE OF 80.31 FEET; THENCE NORTH 56'25'12" EAST A
DISTANCE OF 43.24 FEET TO THE NORTHWEST BOUNDARY LINE OF THE AFORESAID EXISTING 15 FOOT WIDE UTILITY
EASEMENT; THENCE RUN ALONG SAID EXISTING UTILITY EASEMENT SOUTH 43'22'05" WEST A DISTANCE OF 42.88 FEET;
THENCE CONTINUE ALONG SAID EXISTING UTILITY EASEMENT LINE SOUTH 0'54'37" WEST A DISTANCE OF 74.37 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINING 830 SQUARE FEET OR 0.019 ACRES, MORE OR LESS.
SHEET 1 OF 4
SEE SHEET 2 FOR NOTES & LEGEND
SEE SHEET 3 FOR SKETCH PART A
SEE SHEET4 FOR SKETCH PART B
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THIS SURVEY REPRESENTED HEREON IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND
BELIEF. IT HAS BEEN PREPARED IN ACCORDANCE WITH THE
STANDARDS SET FORTH IN CHAPTER 51-17 OF THE FLORIDA
ADMI NISTR/LTNE CODE PURSUANT TO TO CHAPTERS 177 AND 472 OF
THE FLORIDA STATUES,
by SHrny Manor
�Ic 2023.02Ai
1452. 9-G 0°
LAKE LILLY- OCOEE PROJECT
LT 5
Diversified
Professional Surveyors and Mappers
Q9 STATE ROAD 436 1 5UrIE 117 1 CASSELBERRY, FL 1 32707
PHONE 407.S81.38361 PAX 407.681,6541
W VW.LSSURVEYOR.COM I INFOOLSSURVEYOR.COM
PROFESSIO NAL SURVEYORS MAPPER Riageu
PROJECT No, 21WS3
PRAWN DATE 2023,01.12
SURVEY BY NIA
REVIEWED BY SM
SURVEY DATE NIA
APPROVED BY SM
PRAWN BY BES
CLIENT FILE No, NIA
No. DATE
BY
DESCRIPTION
SHERRY L. MANOR, PSM - 159 7929
TM WEr µ,Or MWM AEPORT IS NOT Yauo WiTIHOO THE
SlrifIANPF ANP 7HE PrtjGi"0.l MI5P� SEAL OF THE AlWF.
LEGAL DESCRIPTION
UTILITY EASEMENT
1
1. THIS IS NOT A BOUNDARY SURVEY.
2, THE PURPOSE OF THIS SKETCH OF DESCRIPTION IS TO DESCRIBE THE LIMITS OF AN ADDITIONAL UTILITY
EASEMENT,
3, NO CORNERS WERE SET AS PART OF THIS SKETCH OF DESCRIPTION.
4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
5. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF THE SOUTH 1/2 OF THE
NORTHWEST 1/4 SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING SOUTH 89-42'11" WEST.
N
E
S
W
NORTH
EAST
SOUTH
WEST
LAKE LILLY - OCOEE PROJECT
PROJECT No.
SURVEY BY NIA REVIEWED BY
SURVEY DATE N/A APPROVED BY
DRAWN BY DES CLIENT FILE No.
No. I DATE BY I DESCRIPTION
R/W
RIGHT OF WAY
COR,
CORNER
PG(S)
= PAGE (PAGES)
AVE. =
AVENUE
ORB. =
OFFICIAL RECORDS BOOK
PB = PLAT BOOK
SURVEYOR'S CERTIFICATION
1 HER EBY CERTI FY THAT TH IS SURVEY RE PRESENTE D H EREON IS TRU E
AND CORRECT TD THE BEST OF MY KNOWLEDGE, IN FORMATION, AND
BELIEF, IT HAS BEEN PREPARED IN ACCORDAN CC WITH THE
STANDARDS SET FORTH IN CHAPTER 5J-17 OF THE FLORIDA
ADMINISTRATIVE CODE PURSUANT TO TO CHAPTERS 177 ANO 472 OF
THE FLORIDA STATUES-
Dlgltally
signed 6y
2023.01.12 Sherry
Manor
SM Date:
SM 2023,02.07
N/A 14:57x8
-05,00,
SHERRY L- MANOR, PSM - LS4 7929
T MAA U MAP ANuroR REPORT U NOT VAUD WPMWff RE
SI TYRE ANOTRE ORIGINAL RAAW SEAL OF T EAM
TO: LAKE LILLY PROFESSIONAL CENTER
PROPERTY OWNER'S ASSOCIATION, INC.;
LAKE LILLY APARTMENTS, LLC;
HELLER BROS GROVES.
CITY OF OCOEE
SHEET 2 OF 4
SEE SHEET 1 FOR DESCRIPTION
SEE SHEET 3 FOR SKETCH PART A
SEE SHEET 4 FOR SKETCH PART 8
L & S
Diversified
Profess ional5urveyors and Mappers
489 STATE ROAD 436 1 SUITE 117 1 CASSELBERRY, FL 1 32707
PHONE 407.551.3936 1 FAX 407.661-6541
WWW.L55URVEYDR.COM j INF0@LS5URVEYOR.CDM
PROFESSIONAL SURVEYOR & MAPPER U LI H B
SKETCH OF DESCRIPTION
UTILITY EASEMENT
HELLER BROS GROVES
PARCEL NO.
29-22-28-4571-04-000
LOT 4
LAKE LILLY PROFESSIONAL
CENTER SUBDIVISION
PAGES 30 32
J
J
HELLER BROS GROVES
PARCEL NO.
29-22-28-4571-03—DOO
LOT 3
/
LAKE LILLY PROFESSIONAL
/
CENTER SUBDIVISION
PLAT BOOK 104 PAGES 30-32
— � PLAT BOOK 104, —
S67'31'30"W 21.14'
WEST END PROFESSIONAL PARK /
PROPERTY OWNERS ASSOCIATION INC 15.0 UTILITY EASEMENT
PARCEL NO. 29-22-28-9169-00-001
OFFICIAL RECORD BOOK 4263, PAGE 1607
TRACT "A" / /
STORMWATER MANAGEMENT AREA J /,-N7fi'15'53' W 14.88'
DRAINAGE EASEMENT SOUTHERN BOUNDARY J .�
WEST END PROFESSIONAL PARK UNIT 1 OF LOT 3 �26
PLAT BOOK 34, PAGES 139-141
N59'41'28"E 95.55'
/-N56'25'12"E 5.38'
N55'42'23"E 52-14
IN .
/ f,otiE
25.0'
eS5625'1
"-S57'23'02"W 120.84'
S55'42'23"W 51.90'
N43'22'05"E 101,76'
2"W 106.05'
I
NOO'54'37"E 2.45'
EASTERLY LINE OF THE 15' WIDE UTILITY
EASEMENT AS RECORDED IN OFFICIAL
I RECORDS BOOK 4253, PAGE 1607
� I
LAKE LILLY- OCCEE PROJECT
ROIECT No.
210053 DRAWN DATE
2023,01.13
URVEY BY
NIA REVIEWED BY
SM
URVEY DATE
NIA APPROVED BY
SM
RAWN BY
65 CLIENT FILE No.
NjA
No.
I DATE
BY
DESMPTION
POINT OF COMMENCEMENT, PART A
SE. COR., LOT 3 LAKE LILLY
PROFESSIONAL CENTER SUBDIVISION
PER PB, 104, PG'S. 30-32
SOUTHEASTERLY LINE OF
THE 15' WIDE UTILITY
EASEMENT AS RECORDED
IN OFFICIAL RECORDS BOOK
4263, PAGE 1607
OINT OF BEGINNING, PART A
1'40'56"W 42.22'
WEST END PROFESSIONAL PARK
PROPERTY OWNERS ASSOCIATION INC
PARCEL NO.
29-22-28-9159-00-002
TRACT "B"
CONSERVATION AREA
DRAINAGE EASEMENT
WEST END PROFESSIONAL PARK UNIT 1
PLAT BOOK 34, PAGES 139-141
SURVEYOR'S CERTIFICATION
I H E REBY CERTIFY THAT TH 15 SURVEY REPRESENTED HEREON IS TRUE
AND CORRECT TO TH E B EST O F MY KNOWLEDGE, I NFOR MATION, AND
BELIEF. IT HAS BEEN PREPARED IN ACCORDANCE W17H THE
STANDARDS SET FORTH IN CHAPTER S3-17 OF THE FiORIDA
ADMINISTRATIVE CODE PURSUANT TO TO CHAPTERS 177 AND 472 OF
THE FLORIDA STATUES.
Digitally
signed 6y
Sherry Ma nor
Date:
2023.02.07
14S2Ao
-Dsaa
SHERRY L. MANOR, PSM - L59 7829
SHEET 3 OF 4
SEE SHEET 1 FOR DESCRIPTION
SEE SHEET 2 FOR NOTES & LEGEND
SEE SHEET 4 FOR SKETCH PART B
0 100 200
Feet
L & S
Diversified
Professional Surveyors and Mappers
489 STATE ROAD 436 1 SUITE 117 1 CASs E LBERRY, FL 132707
PHONE 497.681.3936 1 FAX 4,D7.68j.,6541
WWW.LS5URVEYOR.COM 112 Bamf 146
SKETCH OF DESCRIPTION
UTILITY EASEMENT
t t
/ f
NORTHWEST BOUNDARY OF f f J
WEST END PROFESSIONAL PARK EXISTING 15' UTILITY EASEMENT
PROPERTY OWNERS ASSOCIATION INC t t r
PARCEL NO. 29-22--28-9169-00-001 I
15,0' UTILITY EASEMENT
TRACT "A" OFFICIAL RECORD BOOK
STORMWATER MANAGEMENT AREA 4263, PAGE 1607 t f
DRAINAGE EASEMENT f
WEST END PROFESSIONAL PARK UNIT 1
PLAT BOOK 34, PAGES 139-141 N56'25'12"E 43.24'
t
0.0' S43'22'05"W 42.88'
t
NO2'43'21"E 80.31' i SOO'54'37" W 74.37'
POINT OF COMMENCEMENT, PART B
$' I SE. COR., TRACT "A" OF WEST
END PROFESSIONAL PARK
SOUTHERN BOUNDARY OF TRACT "A" / PER PB. 34, PG'S. 139-141
NORTHERN BOUNDARY OF LAKE LILLY
APARTMENTS LLC PARCEL
N81 •za'z7"w 25.22'
N81.2v'27"w 9.32' POINT OF BEGINNING, PART B
INTERSECTION OF THE SOUTHERN
BOUNDARY OF TRACT "A" AND THE
WESTERN BOUNDARY OF THE 15' i WESTERN BOUNDARY OF THE 15'
WIDE UTILITY EASEMENT, OFFICIAL
RECORDS BOOK 4263, PAGE 1607 WIDE UTILITY EASEMENT, OFFICIAL
�I RECORDS BOOK 4263, PAGE 1607
LAKE LILLY APARTMENTS LLC /
PARCEL NO.
29-22-28-0000-00-007
SOUTHEASTERLY }} I h WEST END PROFESSIONAL PARK
BOUNDARY OF LAKE / 1I y i PROPERTY OWNERS ASSOCIATION INC
LILLY APARTMENTS 1 1 PARCEL NO.
1 29-22-28-9169-00-002
1 l ` TRACT "B"
i { CONSERVATION AREA
} 1 DRAINAGE EASEMENT
/ 1 1 WEST END PROFESSIONAL PARK UNIT 1
PLAT BOOK 34, PAGES 139-141
/ DOT/STATE OF FLORIDA—TURNPIKE }
ENTERPRISE
PARCEL NO. 29-22-28-0000-00-113 1yy
/ NOT PLATTED 1 1 l
STATE OF FLORIDA DEPARTMENT OF y I {j SHEET 4 OF 4
TRANSPORTATION
OFFICIAL RECORD BOOK 8737, PAGE 509 l l DESCRIPTIONSEE SHEET I FOR SEE SHEET 2 FOR NOTES &LEGEND
/ l ` SEE SHEET 3 FOR SKETCH PART
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THIS SURVEY REPRESENTED HEREON IS TRUE 0 80 160
AND CORRECT TO THE BEST W MY KNOW LEDGE, INFORMATION, AND Feel
BEU EF. IT HAS BE E N PRE PARED I N ACCORDANC E WITH TH E
STANDARDS SET FORTH IN CHAPTER 51-17 OF THE FLORIDA
ADMINISTRATIVE CODE PU RSUANTTO TO CHAPTERS 177 AND 472 OF
THE FLORIDA STATUES.
LAKE LILLY - OCOEE PROJECT DIgRaIIy L & S
signed by
RDIELTNo. 2IDD531 DRAWN DATE 2023.01.25 SI, ryma"0r Diversified
URVEYBY N/A REVIEWED BY 9M Date;
URVEY DATE N/A APPROVED BY SIM 2023A1A7
Ia:sxs3 Professional Surveyors and Mappers
RAW N BY EIS CLIENT FILE No. N/A-DS•00• 489 STATE ROAD 436 I SUITE 117 I CASSELBERBY, FL 132707
No. DATE RY DESCRIPTION PHONE 407.681.38361 FAX 4137.681.6541 SHERRY L. MANOR, PSM - LS# 7829 WWW.LSSURVEYOR.COM I I NFO@ftg&C2,jO6f 1 46
EXHIBIT "3"
EASEMENT FIVE LAND
Sketch of Description and legal description follow this page.
IN
Page 22 of 146
LEGAL DESCRlPTON
UTILITY EASEMENT
A PORTION OF THE PARCEL LAKE LILLY APARTMENTS, AS DESCRIBED AND RECORDED IN INSTRUMENT
#20210766548, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING WITHIN SECTION 29, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEASTERN MOST CORNER OF TRACT "A", WEST END PROFESSIONAL PARK ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 139 - 141, PUBLIC RECORD OF ORANGE
COUNTY, FLORIDA; THENCE RUN NORTH 81'20'27" WEST A DISTANCE OF 25.22 FEET ALONG THE SOUTHERN
BOUNDARY LINE OF SAID TRACT "A" TO A POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF AN
EXISTING 15' WIDE UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 4263, PAGE 1607, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID
SOUTHERN BOUNDARY LINE RUN SOUTH 00'54'37" WEST ALONG SAID WESTERN BOUNDARY FOR A DISTANCE OF
119.58 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF AFORESAID LAKE LILLY APARTMENTS;
THENCE DEPARTING SAID WESTERN BOUNDARY RUN SOUTH 39'54'05" WEST ALONG THE SOUTHEASTERLY
BOUNDARY OF SAID LAKE LILLY APARTMENTS LOT A DISTANCE OF 21.23 FEET; THENCE DEPARTING SAID
SOUTHEASTERLY BOUNDARY RUN NORTH 2'20'48" EAST A DISTANCE OF 83.36 FEET; THENCE NORTH 6'40'01"
EAST A DISTANCE OF 26.59 FEET; THENCE NORTH 2'43'21" EAST FOR A DISTANCE OF 27.36 FEET TO A POINT
ON THE AFOREMENTIONED SOUTHERLY LINE OF TRACT "A" OF WEST END PROFESSIONAL PARK UNIT 1; THENCE
SOUTH 81'20'27" EAST ALONG SAID SOUTHERLY BOUNDARY LINE A DISTANCE OF 7.81 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 1,398 SQUARE FEET OR 0.032 ACRES, MORE OR LESS.
: 1 s: ►� 1
1. THIS IS NOT A BOUNDARY SURVEY.
2. THE PURPOSE OF THIS SKETCH OF DESCRIPTION IS TO DESCRIBE THE LIMITS OF AN ADDITIONAL UTILITY
EASEMENT.
3, NO CORNERS WERE SET AS PART OF THIS SKETCH OF DESCRIPTION.
4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
5, BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF THE SOUTH 112 OF THE
NORTHWEST 1 /4 SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING SOUTH 89'42'11" WEST.
SYMBOLS AND. A BREMATION
LEGEND;
R/W = RIGHT OF WAY
N = NORTH
E = EAST
COR, = CORNER
S SOUTH
PG(S) = PAGE (PAGES)
W = WEST
AVE. = AVENUE
ORB. = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THIS SURVEY REPRESENTED HEREON IS TRITE
AND CORRECT TO THE BEST OF MY KN DWLEDGE, INFORMATION, AND
BELIEF. IT HAS BEEN PREPARED IN ACCORDANC E WITH THE
STANDARDS SET FORTH IN CHAPTER 5]-17 OF THE FLORI DA
ADMIN ISTRATNE CODE PURSUANT TO TO CHAPTERS 177 AND 472 OF
THE FLORIDA STATUES.
LAKE LILLY - OCOEE PROJECT Dlgltaliy
. signed Ey
Sherry Manor
Date:
2023.02.07
1453:12
-05,00,
PROJECT No.
21ODS3
DRAWN DATE
2023.01.13
SURVEY BY
N/A
REVIEWED SY
SIM
SURVEY DATE
N/A
APPROVED BY
SN1
DRAWN BY
BS
CUENTFILE No.
NIA
No- i DATE
BY
I DESCRIPTION
SHERRY L, MANOR, PSM - LSN 7829
THB w"u mAP ANDXA REPORT Is NOT VALID W ITHOO THE
MRANRE MID THE ORIWINAL RASED SEAS X TH E AADVE.
TO: LAKE LILLY PROFESSIONAL CENTER
PROPERTY OWNER'S ASSOCIATION, INC.;
LAKE LILLY APARTMENTS, LLC;
HELLER BROS GROVES.
CITY OF OCOEE
SHEET 1 OF 2
SEE SHEET" 2 FOR SKETCH
L-S
Diversified
Professional Surveyors and Mappers
469 STATE ROAD 436 1 SUITE 117 1 CASSELBERRY, FL 1 32707
PHONE 407.6B1.3836 I FAX 407.681.6541
WWW.LSSURVEYOR.COM I NfOOLSSURVEYOR.CrrO��MM,,,,��gg
PROFESSIONAL SURVEYOR & MAPPER 27l& Lg3510f4"
SKETCH OF DESCRIPTION
UTILITY EASEMENT I
r r
WEST END PROFESSIONAL PARK
PROPERTY OWNERS ASSOCIATION INC f %
PARCEL NO. 29-22-28--9169-00-001 f f
TRACT "A" f ,
STORMWATER MANAGEMENT AREADRAINAGE
f
WEST END PROFESSIONALAENT PARK UNIT 1 f /
POINT OF BEGINNING
PLAT BOOK 34, PAGES 139-141 /
/ f INTERSECTION OF THE SOUTHERN
/ f BOUNDARY OF TRACT "A" AND THE
15.0 UTILITY EASEMENT WESTERN BOUNDARY OF THE 15'
OFFICIAL RECORD BOOK WIDE UTILITY EASEMENT, OFFICIAL
4263, PAGE 1607 I RECORDS BOOK 4263, PAGE 1607
POINT OF COMMENCEMENT
SE. CDR., TRACT "A" OF WEST
NO2'43'21 "E 27.36' I END PROFESSIONAL PARK
PER PB. 34, PG S, 139-141
SOUTHERN BOUNDARY &2
OF TRACT "A"
N06'40'01"E 26.59" N81'20'27"W 25,22'
I
f_j-S0O'54r37"W 119.58'
NO2'20'4$"E 83.36' BOUNDARYWESTERN DE UTILITYEASEMENT. OFFICIAL
12.3 I� RECORDS BOOK 4263, PAGE 1607
I
LAKE LILLY APARTMENTS LLC
PARCEL NO. l S39'54'05"W 21.23'
29-22-28-000(1-00-007 /
SOUTHEASTERLY I I
BOUNDARY OF LAKE
LILLY APARTMENTS f
j II`
/ I I
/ DOT/STATE OF FLORIDA—TURNPIKE
ENTERPRISE `I
PARCEL NO. 29-22-28—ODOD-00-113 I I
/ NOT PLATTED
STATE OF FLORIDA DEPARTMENT OF f {j
/ TRANSPORTATION I I
OFFICIAL RECORD BOOK 6737, PAGE 509 y
LAKE LILLY- OCOEE PROJECT
ROJECTNo,
2-1005 31
DRAWN DATE
2023,01.25
URVEY BY
N/A
REVIEWED BY
SM
URVEYDATE
N/A
APPROVED BY
SM
RAW BY
BS
CLIENT FILE No.
N/A
No, I
DATE
BY
I DESCRIPTION
SURVEYOR`S CERTIF]CATI0N
I HEREBY CERTIFY THAT THIS SURVEY RE PR ESENTEO HEREON IS TRUE
AN D CDR RECT TO TH F BEST OF MY KNOW LE DGE, I NFURMATION, AN D
BELIEF. IT HA5 BEEN PREPARED IN ACCORDANCE WITH THE
STANDARDS SET FORTH IN CHAPTER 5J-17 OF THE FLORIDA
ADMINISTRATIVE CODE PURSUANT TO TO CHAPTERS 177 AND 472 OF
THE FLORIDA STATUES.
DlgltAly
sl9ned by
Sherry Mann!
Date:
2023.02 07
1453:24
-05b0'
SHERRY L. MANOR, PSM - LS# 7929
WEST END PROFESSIONAL PARK
PROPERTY OWNERS ASSOCIATION INC
PARCEL NO.
29-22-28-9169-00-002
TRACT "B'
CONSERVATION AREA
DRAINAGE EASEMENT
WEST END PROFESSIONAL PARK UNIT 1
PLAT BOOK 34, PAGES 139-141
N
SHEET 2 OF 2
SEE SHEETI FOR DESCRIPTION-
0 80 160
Feet
L & S
Diversified
Professional Surveyors and Mappers
489 STATE ROAD 436 1 SURE 117 1 CAS5ELB ERRY, FL 132707
PHONE 407.691.3836 1 FAX 407.68 V541
WWW.LSSURVEYOP,.COM I INFU@gB'cR4)sf 146
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that it is the holder of a Mortgage, Security Agreement and Fixture
filing, recorded on February 14, 2022 as Official Records Document No. 20220101554, Assignment of
Rents, Leases and Profits, recorded on February 14, 2022, as Official Records Document No. 20220101555
and UCC-1 Financing Statement, recorded on February 14, 2022, as Official Records Document No.
20220101556, all of the Public Records of Orange County, Florida, upon the property described in the
foregoing Agreement; and that the undersigned joins in and consents to that certain Amendment to Utility
Easement Agreement. Further, the undersigned agrees that its mortgage, lien or other encumbrance, as it
has been, and as it may be, modified, amended, and assigned from time to time, shall be subordinated to
the Agreement.
Signed, sealed and delivered
in the resence of -
Sign
c�
Print/Type Name
xw� ��� -
Signatur
•from i�� z
Print/Type Name
STATE OF V-L 0- Di
COUNTY OF '?,A L w•• 1 V -" - L'
or [_J
PNC BANK nal Association
Si ature
Print/Type Name
Title
The foregoing instrument was acknowledged before me by m! s of hysical presence
online notarization, this I D day of PIC �, , 2023, by � --- as
of PNC Sank, National Ass, on behalf of said entity. She Luis
personally known to me, or U has produced (type of i entification) as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this/0 day of
"G 2023.
Signatur of Notary
; giv'rj�'••. pHILIP MARTIN HAof KA
Fla
OWY Public of of Florida
1 fey LI
commissiin 4 GG'1i1724
s ?KA My rOMM. triWrrs Oct 4, ?a13 Name of Notary (Typed, Printed or Stamped) { ,
�,:. ,.�.• • , • r Commission Number (if not legible on seal). G g� , '1
My Commission Expires (if not legible on seal): M �j i-v'i3
11
Page 25 of 146
�I
t�> 1� 1 1
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it
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,\ UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT ("this Agreement"), made
%e8ka
this S4— day of N reda�•, 1991, by and between HELLER BROS. GROPES,
a Florida general partnership whose mailing address is Post Office
a Box 770249, winter Garden, Florida 34777-0249 ("Grantor"), and
z
,mac '*the CITY OF OCOEE, a Florida municipal corporation, whose mailing
SU d address is 150 North Lakeshore Drive, Ocoee, Florida 32761
E
H = Q("Grantee").
O T
" p (whenever used herein the terns "Grantor'" and
c "Grantee" incude all the parties to this instru-
ment and the heirs, personal representatives,
administrators, assigns and the successors in
interest and title of said parties, be they
individuals, corporations, governmental entities
or partnerships (including joint ventures).)
E,5 Oq d N: EA
G ti Y.
F7 I T N E S S E T H
i z
A C a WHEREAS, the Grantor has of even date herewith conveyed
to the Grantee fee simple title to certain lands located in orange
County, Florida, as more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof (herein-
after, "the Property"); and
WHEREAS, in order for Grantee to utilize the Property
for its intended use as a public potable water
P p generator site, well
field and water treatment facility, the Grantee requires certain
E
utility easements over and across certain lands located in orange
k
Count Florida as more " "
y, particularly described in Exhibits B
and "C" attached hereto and by this reference made a part hereof
i (hereinafter, the "Easement One Land" and "Easement Two Land,"
respectively); and
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Brian T. Lower, Esq.
FOLEY & LARDNER, PAN DER BERG,
GAY, BURRE, WILSON & ARYIN
Ill North Orange Avenue, Suite lsoo
Post Office Box 2193
Orlando, FL 32802--2193
(407) 423-7656
Return to: Frst American Title Company
11 Korth Suns mertin Avvua Orianda, FL 32801
370631 Grange Co. FL.
92121l91 04:45:47rm
0R4263PG 1607
Page 27 of 146
�r
WHEREAS, the Easement One Land and the Easement Two Land
are hereinafter cumulatively referred to as the OEasement Lands";
and
WHEREAS, the Grantor owns fee simple title to the Easement
Lands; and.
WHEREAS, the Grantor has agreed to convey to the Grantee
a utility easement over and across the Easement Lands, subject
to the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable consideration
not herein recited but hereby receipted for, the sufficiency of
which consideration is hereby acknowledged, the parties hereto
agree as follows:
1. The recitals set forth above are true and correct
and are incorporated herein by reference and made a part hereof
as fully as if set forth herein verbatim_
2. Subject to those matters set forth in Exhibit "D"
attached hereto, Grantor hereby warrants and guarantees to
Grantee that Grantor has fee title to the Easement Lands and the
Temporary Construction Easement Lands (as hereinafter defined)
and that Grantor has full power and authority to grant this
Easement and the Temporary Construction Easement (as hereinafter
defined).
3. Grantor hereby gives, grants, bargains, sells,
and conveys to Grantee a non-exclusive perpetual utility easement
and right--of-way over, upon and across the Easement Lands, said
easement being for the benefit of the city and for the limited
purposes hereinafter set forth ("the Easement^').
4. Grantee's use of the Easement Lands and the grant
of the Easement shall be for the exclusive purposes of Grantee,
through itself, its agents, contractors, consultants and
employees: OR4263FG
(A) Constructing, erecting, installing, and laying
and thereafter using, maintaining, reconstructing, operating,
inspecting, repairing and replacing water lines, including
- 2 -
Page 28 of 146
various types of mains, conduits, pipes and other fixtures and
appurtenances thereto, designed for the purpose of transmitting
and/or distributing water services to the public; and
(B) Constructing, erecting, installing, and laying
and thereafter using, maintaining, reconstructing, operating,
inspecting, repairing and replacing underground electric lines
for the purpose of providing electric service to the Property.
The Easement Lands shall not be used for any purposes other than
as specified above. It is specifically agreed that no members
of the general public shall have the right to use the Easement
Lands by virtue of this Easement Agreement.
5. Grantor also hereby gives, grants, bargains, sells
and conveys to Grantee a non-exclusive temporary construction
easement and right-of-way over, upon and across a strip of land
lying five (5) feet on each side of the Easement Lands ("the
Temporary Construction Easement Lands"), said easement being for
the benefit of the City and for the limited purposes hereinafter
set forth ("the Temporary Construction Easement'").
6. Grantee's use of the Temporary Construction
Easement Lands and the grant of the Temporary Construction
Easement shall be for the exclusive purpose of Grantee, through
itself, its agents, contractors, consultants and employees
performing such activities on the Temporary Construction
Easement Lands as Grantee may deem reasonably necessary in
connection with the exercise of the rights and privileges granted
herein to Grantee with respect to the Easement Lands.
7. The Temporary Construction Easement shall automatic-
ally terminate upon the earlier of (a) the completion of
construction of the water and electric utility lines over and
across the Easement Lands, or (b) four years from the date hereof.
Upon termination of the Temporary Construction Easement, the
Grantee shall promptly record a notice of termination in the
public records of orange County, Florida.
- 3 - OR4263PG 1609
Page 29 of 146
8. Grantor convenants with Grantee that no building or
other structures will be placed under or over the Easement Lands
without the prior written consent of the Grantee, which consent
shall not be withheld unless Grantee determines that such building
or other structure interferes with the exercise by Grantee of its
rights and privileges hereunder. Grantee shall use reasonable
efforts to avoid disturbing any natural vegetation, including
natural plants and shrubs, trees and citrus trees as may be
located on the Easement Lands and the Temporary Construction
Easement bands.
9. Grantee shall, at its sole cost and expense, restore
any improvements on the Easement Lands and the Temporary Construc-
tion Easement Lands that are damaged by Grantee to a condition
which approximates as closely as is reasonably practicable the
condition of said improvements prior to being damaged by Grantee.
10. Grantee, to the extent permitted by law, hereby
agrees to idemnify and save Grantor, its successors and assigns
harmless from and against all losses, costs, expenses and claims
whatsoever, including reasonable attorney's fees and paralegal
fees at both trial and appellate levels, arising out of or alleged
to have arisen out of or occasioned by the exercise by Grantee,
its employees, agents, licensees, independent contractors, consul-
tants or invitees, of the rights and privileges granted hereunder
or as a result of their utilization of the Easement and/or the
Temporary Construction Easement. Grantee shall not be required
to indemnify Grantor for any losses, costs, expenses and claims
arising out of or alleged to have arisen out of or occasioned by
actions of Grantor_
11. Notwithstanding anything contained herein to the
contrary, this Agreement shall terminate and be of no further
legal force or effect in the event that Grantee abandons use of
both water lines and electric lines located within the Easement..
Lands for a period exceeding two years.
12. This Agreement shall be binding upon and inure to
the benefit of the parties specified herein, and their respective
_ 4 _ m4263PG 1610
Page 30 of 146
successors and assigns, and the benefits and burdens hereof shall
run with the Easement Lands and the Temporary construction Easement
Lands.
13. This Agreement may be modified or amended only upon
the mutual written consent of Grantor and Grantee, or their
respective express successors and assigns.
14. The parties acknowledge that prior to the utiliza-
tion of the Easement and the Temporary Construction Easement, the
Grantor shall be entitled to provide a substitute location for
such easements, provided, however, that any such substitute loca-
tion and the widths and dimensions thereof must be reasonably
acceptable to the Grantee. To facilitate the possibility of
substitution and relocation of said easements, the Grantee shall
notify Grantor at least thirty (30) days prior to co=encement of
final design of the improvements to be placed within the Easement
Lands. Grantor shall then have thirty (30) days from receipt of
Grantee's notice within which Grantor may, at Grantor's option,
provide Grantee with a substitute location for said easements.
For good cause shown, Grantor may seek from Grantee an extension
of an additional thirty (30) days within which to provide a
substitute location for said easements. Grantee shall review in
good faith any such request of Grantor for a substitute location
of said easements and shall cooperate with Grantor in order to
assure that the Easement and the Temporary construction Easement
are compatible with the ultimate development of the lands encum-
bered by and surrounding said easements.
15. Notwithstanding any provision contained herein to
the contrary, Grantor reserves the right, at Grantor's sole cost
and expense (which costs shall include any expense which may be
incurred by Grantee for administrative or legal services in
connection therewith), to relocate the Easement and any water
and/or electric lines lying within the Easement rands; provided,
however, that any such relocation must be accomplished ^without
interruption or degradation to the Grantee's water system and
adjacent treatment plant facilities and further provided the
- 5 - oa4263K 1 5 ! f
Page 31 of 146
location, including the width and dimensions thereof, of the
relocated Easement and water and/or electric lines must be
reasonably acceptable to Grantee. In the event of any such
relocation, the Grantor and the Grantee shall execute an
amendment to this Agreement setting forth the substitute location
of the Easement.
16. Grantor reserves to itself, its successors and
assigns the non-exclusive right to utilize the Easement Lands and
the Temporary Construction Easement Lands in any manner which is
not inconsistent with Grantee's use of the same for the purposes
set forth herein, including, but not limited to, the right to
pass and repass over and upon the said lands and the right to use
said lands for landscaping, parking or roadway purposes, utility
access, roadway easements, and stormwater retention or detention;
provided, however, that any cost or expense incurred by Grantee
as the result of Grantor's use of the Easement Lands and/or
Temporary Construction Easement Lands, including but not limited
to, the repair or replacement of landscaping or improvements
placed on the Easement Lands by Grantee, shall be borne by Grantor
and shall be due and payable to Grantee upon demand of the Grantee.
17. Each party shall use the rights granted and reserved
by this Agreement with due regard for the rights of the other
party to use and enjoy the Easement Lands and the Temporary
Construction Easement bands.
18. Grantee shall procure and furnish to Grantor lien
waivers from any surveyor, engineer or other independent contractor
who may be engaged by Grantee to perform any surveying, engineering,
testing, labor, services or materials for improvement of the
Easement Lands and the Temporary Construction Easement Lands so
that Grantor may be protected against the filing and/or enforce-
ment of any statutory or common law liens for services as against
Grantor, the Easement Lands, the Temporary Construction Easement
Lands or any contiguous or adjacent property owned by~drantor as
of the date hereof.
- 6 --
mk263FG 16.12
Page 32 of 146
IN WITNESS WHEREOF, the parties hereto have subscribed
their names and have caused this Agreement to be executed as of
the day and year first above written.
Signed, sealed and delivered
FOR 'USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
"GRANTOR"
HELLER BROS. GROVES, a
Florida general partnership
By: SELLER B OS. PACKING
CORP., Florida poration,
Man g Partn
B
VEX ,
Vice P esident
(SEAL)
o
uGRANTEEIs
CITY OF OCOEE, a Florida 'o,:,,;,"'"
municipal. corporation f
By:
Att
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON ! 1991
UNDER AGENDA ITEM N0. MI: r. .
- i -
tIR4263PG 1613
Page 33 of 146
Yrn
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 ac-
knowledgements personally appeared HARVEY R. SELLER, well known
to be the Vice President of HELLER BROS. PACKING CORP., a Florida
corporation, as Managing Partner of HELLER BROS. GROVES, a Florida
general partnership, who executed the foregoing instrument under
authority duly vested in him on behalf of said corporation and
partnership and he acknowledged before me that he executed the
same.
.0 WITNESS my hand and official seal in the County and
" S.t:ate last aforesaid this 6S�� day of January, 1991.
"Ff o� M taryeTublic
CTAitIAL SEAL)
0
STATE OF FLORIDA
COUNTY OF ORANGE
My commission expires:
S' ''
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgements personally appeared LESTER DABBS, JR. and
JEAN GRAFTON, 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 vested in them by said municipality.
WITNESS my hand and official sal in the County and
State last aforesaid this ,A day of , 1991.
SEAL)
FLOPPY/3629P(8)
H64 (01/12/91)
Xy commission expires:
— 8 —
AG*ARY FUMLIC; STATE OF F.Oi --A AT LARG=
A.'. C!';L'.:5:,'O:? 'cY.F734 *ZV:«478n 01. 18]4
Ect4rM THRU AGUir; KOTABY 5 PiW::.G3
oR4263Pc 1614
Page 34 of 146
Exhibit "An
A parcel of land located in Orange County, Florida, being
described as follows:
The South 400 feet of the East 525 feet of the West
One-half of the Southeast Quarter of the Southwest
Quarter of Section 29, Township 22 South, Range 28
East.
FLOPPY/3629N1(2)
H64 (01/08/91)
OR-4 2 6 3 PG 1615
F IBIT mB8
(Bas6ivaai. One Land)
A STRIP OF LAND LOCATED IN ORANGE COUNTY, FLORIDA, BEING DESCRIBED
AS FOLLOWS:
The South 20.00 feet (less the West 40.00 feet) of the
Southwest quarter of the Southwest quarter of Section 29,
Township 22 South, Range 20 East and the South 20.00 feet
(less the East 525.00 feet) of the West one-half of the
Southeast quarter of the Southwest quarter of said Section
29.
094243K .11 & �
Page 36 of 146
%, i1iBl - *110
(Basement Two Land)
A parcel of land in the Southwest 1/4 of Section 29, Township 22
South, Range 28 East, City of Ocoee, orange County, Florida, being
more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of said Section
29, thence run S 00044112" E along the West line of said Southwest
1/4 and the centerline of Maguire Road (80' R/W) for a distance
of 2215.36 feet; thence run N 89°15148" E for distance of 1465.79
feet to the POINT OF BEGINNING of a strip of land 15.00 feet wide
lying 7.50 feet on each side of the following described centerline:
From said POINT OF BEGINNING, run N 00'33106" W for a distance
of 733.64 feet to the point of curvature of a curve concave Westerly
having a radius of 542.50 feet and a central angle of 18"31113";
thence run Northerly along the arc of said curve' for a distance
of 175.36 feet to a point of non -tangency; thence run N 51"26155"
E for a distance of 494.66 feet to the point of termination, said
point lying an the Westerly Right-of-way line of Florida's Turnpike
(300' R/W).
TOGETHER WITH:
A parcel of land in Section 29, Township 22 South, Range 28 East,
City of Ocoee, Orange County, Florida, being more particularly
described as follows:
Commence at the Northeast corner of the Southwest 1/4 of said Section
29, thence run S 89*26*52" W along the North line of said Southwest
1/4 for a distance of 562.01 feet; thence run S 00°29'22" E for
a distance of 815.43 feet to the POINT OF BEGINNING of a strip
of land 15.00 feet wide lying 7.50 feet each side of the following
described centerline:
From said POINT OF BEGINNING run N 000291224 W for a distance of
464.72 feet; thence run N 58"34112" W for a distance of 213.68
feet; thence run N 48*22128" W for a distance of 157.07 feet; thence
run N 06°39129' W for a distance of 399.53 feet; thence run N
00°46109" E for a distance of 216.84 feet; thence run N 43*13137"
E for distance of 219.07 feet; thence run N 67*231020 E for a
distance of 337.14 feet; thence run N 39"17108" E for a distance
of 230.00 feet; thence run N 570051500 E for a distance of 100.51
feet; thence run S 86002134" E for a distance of 215.50 feet;
thence run N 00"29122" W parallel with and 7.50 feet West of the
East line of the Northwest 1/4 of said Section 29 for a distance
of 309.15 feet to the Point of Termination, said point lying on
the South Right -of -Way line of Professional Parkway (60' R/W).
ec� � newly rER�
co
Q842163.PS1-6-13
Page 37 of 146