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Item #04 Termination of Temporary Drainage Easement for Ocoee Crown Point Parkway *I01r ocoee florida AGENDA ITEM COVER SHEET Meeting Date: October 6, 2015 Item # �1 Reviewed By: Contact Name: David A. Wheeler, P.E. Department Director: 4 ,1lyr,rj _ Contact Number: 407-905-3100, ext. 1504 City Manager: i�� i. Subject: Termination of Temporary Drainage Easement for Ocoee Crown Point Parkway Background Summary: With the development of the initial phases of the Westyn Bay subdivision in 2002/3, the portion of Ocoee Crown Point Parkway from Ocoee-Apopka Road to West Bay Boulevard was included in the construction of the residential development. The overall design was for Ocoee Crown Point Parkway from Ocoee-Apopka Road to Staten Branch to drain into the stormwater management system for the Westyn Bay development. However, the portion of Ocoee Crown Point Parkway from the Westyn Bay Boulevard to Staten Branch was to be constructed with the development of Ocoee Crown Point PUD. This was the portion of roadway needed to connect to the Westyn Bay stormwater system. Until this portion of road was constructed a temporary stormwater pond was required for the portion of road constructed with the Westyn Bay development. The temporary pond was located on the Westyn Bay commercial tract which was across Ocoee Crown Point Parkway from the residential portion of the Westyn Bay development. In 2004, the City constructed the extension of Ocoee Crown Point Parkway as part of the phase 1 infrastructure for the Ocoee Crown Point PUD development. The road drainage was directed to the Westyn Bay stormwater system as planned and the pond was not needed any longer. The easement was to be terminated upon completion of the stormwater improvements. With the development of the Westyn Bay commercial tract and Crown Point Cove residential development, the easement is showing up on the title search on the property. The attached document is the Notice of Termination of the Temporary Drainage Easement (Ocoee Crown Point Parkway). Issue: Should the City execute to the Notice of Termination of the Temporary Drainage Easement (Ocoee Crown Point Parkway)? Recommendations: The Engineering Department recommends that the City Commission accept the Notice of Termination of the Temporary Drainage Easement (Ocoee Crown Point Parkway) and authorize the Mayor and City Clerk to execute the document. Attachments: Notice of Termination of the Temporary Drainage Easement (Ocoee Crown Point Parkway) Financial Impact: There is no financial impact to the City in executing this Notice of Termination of the Temporary Drainage Easement (Ocoee Crown Point Parkway). Type of Item: (please mark with an `k') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda 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 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 NOTICE OF TERMINATION OF TEMPORARY DRAINAGE EASEMENT (OCOEE CROWN POINT PARKWAY) THIS NOTICE OF TERMINATION OF TEMPORARY DRAINAGE EASEMENT (hereinafter referred to as "Notice of Termination of Easement"), is made by 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, and is executed this day of , 2015. WITNESSETH: WHEREAS, City is the Grantee under the Temporary Drainage Easement over the Easement Property, described at Exhibit "A", hereto, recorded in Official Records Book 6966, Page 2578, of the Public Records of Orange County, Florida(the "Drainage Easement"); and WHEREAS, the Parties desire to terminate the existing Drainage Easement, which shall be evidenced by the recording of this Notice of Termination of Easement in the Official Records of Orange County, Florida. NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and sufficiency of which is hereby expressly acknowledged, the City does hereby confirm and execute this Notice of Termination of Easement, thus releasing the property described in the Drainage Easement from the encumbrance and burden of such easement and thus releasing the parties to the Drainage Easement from any further obligations thereunder. IN WITNESS WHEREOF, City has caused this Notice of Termination of Easement to be executed as of the day and year first above written. Witness: "City" City of Ocoee, a Florida municipal corporation Print Name By: John Grogan, Mayor Print Name 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 John Grogan 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): EXHIBIT "A" Easement Property (from 2003 Drainage Easement) DESCRIPTION: (TEMPORARY DRAINAGE EASEMENT) THAT PORTION OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 6 FOR A POINT OF REFERENCE; THENCE RUN N86°38 '39"E ALONG THE SOUTH LINE OF THE NORTHWEST 1/4, 899. 80 FEET TO THE POINT OF BEGINNING; THENCE RUN N49°50' 42"E, 359.27 FEET; THENCE RUN S41°11' 15"E, 35.77 FEET; THENCE RUN S46°06'31"W, 207 .40 FEET; THENCE RUN S36°02' 10"E, 84.49 r'EET; THENCE RUN S54°39'35"W, 199. 11 FEET; THENCE RUN N39°47' 49"W, 116. 85 FEET; THENCE RUN N49°50' 42"E, 50 . 78 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.784 ACRES +/-. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH SEARS SURVEYING COMPANY JOB NO. 02029.020 DRAWING NO. 02029\20DP DATED 3/27/03 - SKETCH OF DE6CRIPTION SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR DESCRIPTION SURVEYORS NOTES: - NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. - LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, BY THIS FIRM. - BEARINGS SHOWN HEREON ARE BASED ON THE FOLLOWING: THE SOUTH LINE OF THE NW 1/4 OF SECTION 6, AS BEING N89 38'39"E (ASSUMED). - THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE / SURVEYOR. // - THIS IS NOT A BOUNDARY SURVEY. /' - NO INTERIOR IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE / sL / P�l INDICATED. / ` t / illicetx , ,- S41'11 15 E // �J� // 35.77 ,\S QO / O '//' � ' e' A p0 / / 4.439' `° / ) /' � A wo / / ,pIV y0 Pr �'o /'' M1G '' �p�9 84.4S36'02'1 0�E POINT OF BE / '� / / — ' N86'38'39"E 899.80' /— — / `PONY OF REFERENCE `� \j" 7>• a SOUTH LINE OF THE NW 1/4 SOUTHWEST CORNER OF ' ,L44 THE NW 1/4 OF SECTION 6 '� �tfl; +J OF SECTION 6-22-28 E `°ti ms`s' yk'�9 y4 "SS` \ CERTIFIED TO:THE aTY OF OCOEE SKETCH OF DESCRIPTION JOB No.02020020 SEARS DRAWN BY A.BISHMAN FILE NAME:02029\200P SURVEYING I CERTIFY THAT THIS SKETCH MEETS OR EXCEEDS THE MINIMUM TECHNICAL FIELD BY N/A COMPANY STANDARDS SET FORTH BY f. FLORIDA BOARD C* PROFESSIONAL SURI#ONS AND MAPPERS, FIELD BOOK:N/A mummies RI CHAPTER . ' ,okp r ". :, to FLORIDA STATUTE 472027 PAGE N/A FIELD DATE N/A 815 N Femareek Avenue BY: DRAWING DATE:3/27/03 Orlando, Florida 32803 (4071 897-6220 -.'1 :-. 'AN FLORIDA REGISTRATION No.5668 FLORIDA UCENSED BUSINES S NO. 5736