Item #02 Approval of Easement Use Agreement - 345 Enterprise Street ocoee
fiorida
AGENDA ITEM COVER SHEET
Meeting Date: July 7, 2015
Item #
Reviewed By: 1
Contact Name: Charles K. Smith, P.E. Department Director: Charle- .y`. '.E.
Contact Number: 407-905-3159 City Manager: Robert Fra - /
Subject: Easement Use Agreement 345 Enterprise Street Ocoee, FL 34761
Background Summary:
The City utilizes Utility Easements over certain properties for placement of various infrastructure for the benefit
of the public. On May 5th 2015, the City Commission approved the Amended and Restated Drainage, Utility and
Access Easement across the western portion of property located at 345 Enterprise Street, in conjunction with
the Lift Station #10 improvements project. This easement is primarily used for storm water drainage,
maintenance access and utilities placement.
The owner of 345 Enterprise Street, Superior Roadway Services, would like to place a portion of a concrete
slab within the restated easement. This slab is to be used as a wash down area for the owner's equipment. The
portion of this slab's encroachment will not affect the functionality of the easement. Additionally, the Easement
Use Agreement contains language that the City will not be responsible for any restoration of the slab if it must
be removed for repairs within the easement. The City's attorney has reviewed and approved the attached
Easement Use Agreement.
Issue:
Should the City of Ocoee grant an Easement Use Agreement to the owner of 345 Enterprise Street for the
placement of a portion of a concrete slab within the Amended and Restated Easement?
Recommendations
Staff recommends that the City Commission and Mayor grant the owner of 345 Enterprise Street an Easement
Use Agreement for the placement of a portion of a concrete slab within the Amended and Restated Easement.
Attachments:
1) Easement Use Agreement
2) Amended and Restated Drainage, Utility and Access Easement Agreement
Financial Impact:
There is no financial impact associated with the granting of the Easement Use Agreement.
Type of Item: (please mark with an"x")
Public Hearing For Clerk's Dept Use
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
X 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 0 N/A
2
THIS INSTRUMENT PREPARED BY:
Dana Crosby-Collier,Esq.
SHUFFIELD,LOWMAN&WILSON,P.A.
1000 Legion Place,Suite 1700
Orlando,FL 32801
(407)581-9800
EASEMENT USE AGREEMENT
THIS EASEMENT USE AGREEMENT (hereinafter referred to as "Agreement"), is
made this / day of C , 2015, by CITY OF OCOEE, FLORIDA, a municipal
corporation duly created and existing under and by virtue of the laws of the State of Florida,
whose address is 150 North Lakeshore Drive, Ocoee,Florida 34761 (h reinafter referred to as the
"City") and -1 f ���s i -1SS,cc J7- a-4.,�� S s�f� �f , whose address is
3yc L,16.,-/J/7,c Oc,e f/ (hereinafter referred'to as "Grantee") (together
"the Parties").
(Wherever used herein the terms "Grantee" and "City" shall include all the
parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, partnerships
(including joint ventures),public bodies,and quasi-public bodies.)
WITNESSETH:
WHEREAS, City has been granted a Drainage, Utility, and Access Easement by virtue of
an Easement Agreement executed by the Parties on for the Easement
Property described in Exhibit"A", which is attached hereto and incorporated herein by reference;
and
WHEREAS, Grantee desires to use the Easement Property for exclusive, limited purposes
as set forth herein; and
WHEREAS, pursuant to the Easement Agreement between the Parties, Grantee may use
the Easement Property for purposes that do not interfere with the use of the Easement Property
by City; and
WHEREAS, the Parties desire to set forth the terms and conditions for Grantee's
Proposed Use in this Agreement.
NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable considerations in hand paid to the City by the Grantee,the receipt and sufficiency
of which is hereby acknowledged, the City is willing to enter into this Agreement for Grantee's
use of the property subject to the terms and conditions set forth herein
Section 1. The above recitals are true and correct, form a material part of this Agreement,
and are incorporated herein by reference.
Section 2. Grantee desires to use the property for the Proposed Use, which is defined to
be the installation of a portion of a 30'x50' concrete slab for exclusive use by Grantee for
purposes of washing down equipment. Grantee shall not discharge into or onto the Easement
Property any hazardous or toxic materials or substances, any pollutants, or any other substances
or materials in violation of any federal, state, or local law, ordinance, rule, regulation, or permit.
The concrete slab shall be located approximately 20' south of the existing receiving manhole and
will run 50' southerly. No portion of the concrete slab nor any of its accessories shall cover or
encroach upon or over any existing City-owned infrastructure within Utility Easement and will
not interfere with the City's use of the Easement Property. Grantee understands that the City will
not be held responsible for salvage, replacement, or reinstallation of any objects and/or
structure(s) that may be effected by work within the Easement Property. Excessive or external
cost due to removal, salvage, or demolition during work within the Easement Property shall be
the responsibility of the Grantee. If at any time City deems, in its sole discretion, that Proposed
Use has interfered or is interfering with its use of the Easement Property, Grantee will remove,
replace, or repair, at its own cost and expense, the interfering property from the Easement
Property within five (5) days of receipt of written notice. In the event the City deems the
interference may cause irreparable harm to City property or that the health, safety, and welfare of
its citizens may be threatened, City may immediately remove, replace, or repair any such issue.
Section 3. Notices hereunder shall be given to the parties by hand delivery, facsimile, or
overnight delivery to the address listed above.
Section 4. This Agreement shall be perpetual and shall run with the land. This document
shall be recorded in the Official Records of Orange County, Florida.
Section 5. This Agreement is solely for the benefit of the Grantee and is solely for the
purposes described herein. This Agreement shall not be assigned or delegated by Grantee without
the prior written consent of City. Any attempted assignment or delegation by Grantee without the
prior written consent of the City shall be void.
Section 6. This Agreement may be modified only upon the mutual written consent of City
and Grantee or their respective legal representatives, successors, and assigns.
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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.
CITY:
CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift,Mayor
Attest:
. Beth Eikenberry, 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 ,20
LEGALITY this day of UNDER AGENDA ITEM NO.
,20 .
SHUFFIELD LOWMAN& WILSON,P.A.
By:
City Attorney
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 acknowledgments, personally appeared S. Scott Vandergrift
and Beth Eikenberry 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 , 2015.
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
-3-
GRANTEE:
Signed, sealed and delivered
in the presence of:
i f,
„At.'
�
By:
Pri . ,fin Name: ;/ t«r<- ��d,7t
/� Title:
Pri t Name MEW .e r '
STATE OF Ld/e/WA
COUNTY OF O.84 e
The oregoing instrument was acknowledged before me this /c day of (/��E! , 2015, by
/"�S3"i///� ✓2. as M of .P✓GP2 .
He/She is J personally known to me or❑ has produced as identification.
WITNESS my hand and official seal in the Coun and State aforesaid this /6 day of
t.7-24..„ ° 2015.
r..) J
otary Public
,O :cU �) o
Print Name
My Commission Expires:
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West Orange Industrial Park Unit 1 345 Enterprise Street
Plat Book 5,Page 84 A Portion of Lot V
West Orange Industrial Park Unit 1
Plat Book 3,Page 118
y i.......1.:..::...:is,...:".'...ii.”:::..':"......ii...:s..'•'i....i:::..:::::...:",.................:::.::....„..ii
`276.71'
S 00°30'17"E
366.71' ,
N OO°30'17"W
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N 89°10'18"E 145.17(M) ! -----
—__—_---
South Line of Lot V
N.,.......__________ \-30.00'
S 89°10'18"W
Enterprise Street(60'R/W)
"Easement Property"Description:
A portion of Lot V,West Orange Industrial Park Unit 1 as recorded in Plat Book 3,Page 118,Public Records of Orange County,Florida,being more particularly
described as follows:
Begin at the Northwest corner of said Lot V,the Point of Beginning;thence run N 89°10'18"E along the North Property Line of said Lot V 55.00 feet;thence run S
00°30'17"E along a line that is 55.00 feet East of and parallel with the West Property Line of said Lot V 20.00 feet;thence run S 89°10'18"W along a line that is
20.00 feet South of and parallel with North Property Line 20.00 feet;thence run S 00°30'17"E along a line that Is 35.00 feet East of and parallel with the West
Property Line of said Lot V 70.00 feet;thence run S 89°10'18"W along a line that is 90.00 feet south of and parallel with said North Property Line 5.00 feet;thence
run S 00°30'17"E along a line that is 30.00 feet East of and parallel with West Property Line 276.71 feet to the South Property Line of said Lot V;thence run S 89°30'
18"W along the South Property Line 30.00 feet to the West Property Line of said Lot V;thence run N 00°30'17"W along the West Property Line 366.71 feet to the
Point of Beginning,which contains an area of 11,848.8d square feet(0.2720 ac.)
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SCALE: P .z. � CITY OF F O CO E E Exhibit:
1., = 40' ,, A
4,,G.:40:-.4 a, 3 1 UTILITIES DEPARTMENT
DATE: �% 1800 A-D.Mims Description:
i ,,, i,'44� /7..--��Q����f,�WI,,, .•'° Ocoee,Fl.34761 Easement Property
March 2015 OillillliIllllihPpi'`.'' ullllllili��ll'll. (407)905-3159
DOC# 20150254320 B: 10921 P: 9007
05/20/2015 01:12:47 PM Page 1 of 6
Ree Fee: 52.50
THIS INSTRUMENT PREPARED BY Deed Doc Tax: $0.00
AND SHOULD BE RETURNED TO: DOR Admin Fee: $0.00
Intangible Tax: $0.00
Mortgage Stamp: $0.00
Scott A.Cookson Es Martha O. Haynie, Comptroller
9 Orange County FL
SHUFFIELD,LOWMAN&WILSON,P.A. MB — Ret To: OCOEE
1000 Place,Suite 1700
Orla ndo,FL 32801 III Yff"1 I r TYi�' tl III
(407)581-9800
For Recording Purposes Only
AMENDED AND RESTATED DRAINAGE, UTILITY,AND ACCESS
EASEMENT AGREEMENT
THIS AMENDED AND RESTATED DRAINAGE, UTi;,ITY, AND ACCESS
EASEMENT (hereinafter referred to as "Easement"), is made this 5*' day o ,
2015, by K AND S SUPPLY, LLC, a Florida limited liability company, whose addresi is 1455
Selbydon Way Winter Garden, Florida 34787-4654 (hereinafter referred to as "Grantor"), in
favor of the CITY OF OCOEE, FLORIDA, a municipal corporation duly created and existing
under and by virtue of the laws of the State of Florida, whose address is 150 North Lakeshore
Drive, Ocoee,Florida 34761 (hereinafter referred to as the"City").
(Wherever used herein the terms "Grantor" and "City" shall include all the
parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, partnerships
(including joint.ventures),public bodies,and quasi-public bodies.)
WITNESSETH:
WHEREAS, City and Seminole Transport, Inc., executed a Drainage, Utility, and Access
Easement Agreement on October 15, 2002, which was recorded at Book 6646,Page 5813 of the
Official Records of Orange County, Florida, for the property more particularly described therein
(hereinafter referred to as the "2002 Easement," as more particularly described in Exhibit "A",
hereto); and
WHEREAS,the 2002 Easement was binding upon and inured to the benefits and burdens
of the parties thereto and to the successors and assigns of said Property;and
WHEREAS, the benefits and burdens of said 2002 Easement continue to run with the
Property;and
WHEREAS, the Property has been conveyed over the years and Grantor is a successor in
interest to the Property that is the subject of the 2002 Easement; and
WHEREAS, pursuant to Section 9 of the 2002 Easement, recorded at Book 6646, Page
5813 of the Official Records of Orange County, Florida, the parties can and do now seek to
amend and restate the 2002 Easement.
NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable considerations in hand paid to the Grantor by the City, the receipt and sufficiency
of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey, and
warrant to the City, its successors and assigns forever, a non-exclusive perpetual easement for
drainage,utility, and access, with full authority to enter upon, excavate, construct, and maintain,
as the City and its assigns may deem necessary, water pipes and meters, sewer pipes, drainage
pipes, and any other City potable water, reclaim water, or sanitary sewer structures, facilities, or
related appurtenances over, under, upon and through the following-described lands situate in the
County of Orange, State of Florida,to-wit:
SEE EXHIBIT "B", attached hereto and incorporated herein by reference (the
"Easement Property"), which shall replace the 2002 Easement.
Section 1. The above recitals are true and correct, form a material part of this Easement,
and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells, and conveys to City a non-
exclusive, perpetual easement for drainage, utility, and access, with full authority to enter upon,
excavate, construct, and maintain, as the City and its assigns may deem necessary, water pipes
and meters, sewer pipes, drainage pipes, and any other City potable water, reclaim water, or
sanitary sewer structures, facilities, or related appurtenances ("Improvements") over, under,
upon, and through the Easement Property.
Section 3. Grantor hereby warrants to City that Grantor has fee title to the Easement
Property, 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 City as to the Easement
Property.
Section 4. Subject to the terms, conditions, and limitations set forth herein, th.e City, its
employees, agents, contractors, consultants, and assigns shall have the right of ingress and egress
over and across the Easement Property at all times for the purpose of constructing, operating,
repairing and maintaining the Improvements. The City, its employees, agents, contractors,
consultants, and assigns shall have the right to clear, keep clear and remove from said Easement
Property all trees, undergrowth, and other obstructions that may interfere with location,
excavation, operation or maintenance of the utilities or any facilities installed thereon by the City
and its assigns, and the Grantor, its successors and assigns, agree not to build construct,or create,
or permit others to build, construct, or create any buildings or other structures on the Easement
Property that may interfere with the location, excavation, operation, or maintenance of the
utilities, or any facilities installed thereon. Furthermore, City shall have the right to restrict
access, by fencing or other similar method(s), to the portion of the Easement north of a line
ninety(90)feet south of the North Property Line of said Lot V,as described in Exhibit B,hereto.
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i
1
Section 5. This Easement is granted to the City 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 Property.
Section 6. Except as expressly set forth herein, Grantor reserves the right to utilize the
Easement Property for any purpose which does not interfere with the use of the Easement
Property by City and the purposes set forth herein. 1
Section 7. To the extent permitted by law, City 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 attorney's fees arising from City's use of
the Easement Property or from the exercise by City of any rights under the terms of this
F.asement.
Section 8. This Easement may be modified only upon the mutual written consent of City
and Grantor or their respective legal representatives,successors,and assigns.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this Easement Agreement to be executed as of the day and year first above written.
GRANTOR:
Signed, sealed and delivered
in the presence of: K and S Supply,LLC
By:
1.��� Name: j--4,-.-.E1-- fibs e It 4-
Print 0 lb 1., (::.-1.1 Title: ce4-1
i
'rint Name AS 512 A/
STATE OF li011i
COUNTY OF Oath y_
The foregoing.instrument was acknowledged before me this .��day of p'� , 2015, by
30.01e5 P SSS Iktt as G nn of kit S LLC .
He/She is(29 personally known to me or❑ has produced as identifration.
WITNESS my hand and official seal in the County and State aforesaid this (`1 day of I
461 2015.
&WIC& `f-DCW-C
�,,,, � Notary Public j
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',N, I't' 'd Commission#EE 124863 Print Name
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My Commission Expires: '2)
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•
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ATTEST: CITY OF OCOEE,FLORIDA
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:'''.1110.W.4,...„‘ 411.k.k.Q.A...u.(y_enUerry,City Clerk S. Scott Vandergrift, yor
($EAI , ,
i 1 t S r :::1
FOR USE AID-RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY O OCOEE,FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS,TO FORM AND ON ti\ C;1.gyp 15
Ii GiLI th r day of UNDER ACENDA ITEM NO. Li .
a a I ,20L'''�.
•
Shuffield Lowman & Wilson P.A.
By: 5
City A orney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me,of officer duly authorized in the State
and county aforesaid to take acknowledgements, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and the they severally
acknowledged executing the same, 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
of NL ,2d5
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%c .,b1gt,t'4 Signature of Notary
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s.511 5 ;�= Name of Notary(typed,printed or stamped)
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S 89°10'18"W
Lot L 345 Enterprise Street t
West Orange Industrial Park Unit 1 A Portion of Lot V
Piet Book 5,Page 84 West Orange Industrial Park Unit 1
Plat Book 3,Page 118 I
176.71' I
S 00°30'17"0
i
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::;,--..,,...,. N 89°10'18"E 145.17'(M) --• I .,
----••—••---• South Line of Lot V
�S 89 10'18"W
Enterprise Street(60'R/W)
Existing Utilities Easement Description:
A portion of Lot V,West Orange industrial Park Unit 1 as recorded to Plat Book 3,Page 118,Publid Records of Orange County,Florida,being more particularly
described as follows:
Begin at the Point of Beginning,the Northwest corner of said Lot V;thence run N 891.0'18"E along the North line of said Lot V 40 feet;thence run 500'30'17"E ,
along a line that is 40 feet East of and parallel with the West line of said Lot V 190.00 feet;thence run 5 89'10'18"W along a line that Is 190.00 feet South of and
parallel with said North line 10.00 feet;thence run S 00'3017"E along a line that Is 30.00 feet East of and parallel with said West line 176.71 feet to a point on the
South line Of said Lot V;thence run 5 69.10'18"W along said South line 30.00 feet to the South West corner of said Lot V;thence run N 00'30'17"W along said
West line 366,71 feet to the Paint of Beginning,having an area of 12,896.4 square feet(0.2961 ac.)
SCALE: t•. 4 CITY OF O CO E E Exhibit: NAN
h, UTILITIES DEPARTMENT _
- DATE: , = ,,,, ., 1800A.D.Mims SHEET:
5'w rp A, -- , Ocoee,FL 34761 02002 Easement"
March 2015 `� MalBtw� al.Nl II'I' a (407)905-3159
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N 89°10'18"E _(pit line` ' --__—_.—
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Lot L f
West Orange Industrial Park Unit 1 345 Enterprise Street
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Plat Book 6,Page 84 A Portion of Lot V !
•
West Orange Industdai Park Unfl 1
Plat Book 3,Page 118 I
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•
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366.71'
N 00'30'17"W
1
i:,'S.:::',.:1::.:•; N89°10'18'E 145.17'(M)— ------
South Line of lot V
30.00'
3 89'10'18"W
Enterprise Street(60'RIW)
"Easement Property"Description:
A portion of lot V,West Orange Industrial Park Unit 1 as recorded in Nat Book 3,Page 11.8,Public Records of Orange County,Florida,being more particularly
described as follows:
Begin at the Northwest corner of said Lot V,the Point of Beginning;thence run N 89.10'18"E along the North Property Line of said Lot V 55.00 feet;thence run S
00'30'17'E along a line that is 55.00 feet East of and parallel with the West Property Une of said lot V 20.00 feet;thence run 5 B9'10'18'W along a One that Is
20.00 feet South of and parallel with North Property tine 20.00 feet;thence run S00'30'17"E along a line that is 35.00 feet East of and parallel with the West •
Property Line of said Lot V 70.00 feet;thence run S 89.10'18"W along a line that Is 00.00 feet south of and parallel with said North Property Line 5.O0 feet;thence
run 5 00.30'17"E plunge line that Is 30.00 feet East of and parallel with West Property Line 276.71 foot to tha South Property Line of said Lot V;thence run S 89.10'
18'W along the South Property Line 30.00 feet to the West Property Line of said Lot V;thence run N 00'30'17"W along the West Property Une 366.71 feet to the
Point of Beginning,which contains an area of 11,848.8d square feet(0.2720 ac.)
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SCALE: n Exhibit: 11 II
t.
1e = 40• 1 CITY OF OCOEE
°t, 7 UTILITIES DEPARTMENT
C� Descripton:
DATE;
t i ' • 1800 A.D.Mims
(/ 4 \ y ° Ocoee,Fl 34761 Easement Property
March 2015 H6(1Illing::: :',"lung ■ (407)905-3159
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