2 RESOLUTION NUMBER 2009-143R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST CLOUD FLORIDA AUTHORIZING THE MAYOR TO EXECUTE A PERMANENT PUBLIC UTILITY EASEMENT PURCHASE AND SALE AGREEMENT FROM POFFENBAUGH FORD INC TO HAVE AND TO HOLD FOR ALL USES TRADITIONALLY MADE OF A PUBLIC UTILITY EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST CLOUD FLORIDA as follows SECTION I The Mayor of the City of St Cloud Florida is authorized and directed to execute Permanent Public Utility Easement Purchase and Sale Agreement from Poffenbaugh Ford Inc to have and to hold for all public uses traditionally made of a public utility easement as more particularly set forth in Exhibit 1 attached hereto and incorporated herein by reference Furthermore in the event that there are subsequent non-substantial changes to the proposed Permanent Underground Utility Easement Purchase and Sale Agreement that do not increase the expenses of the City after consultation with the City Attorney and the City Manager the Mayor may execute a revised Permanent Public Utility Easement Purchase and Sale Agreement substantially consistent with the form of the Permanent Public Utility Easement Purchase and Sale Agreement set forth in Exhibit l SECTION II This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED by the City Council of the City of St Cloud Florida on July 9 2009 CITY OF ST CLOUD ATTEST I Vd P Jaworski ity Clerk LEGAL IN FORM AND VALID IF ADOPTED deBeaubien Knight Simmons Mantzaris Neal LLP Daniel F a tzaris tty orney Donna Hart Mayor
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2RESOLUTION NUMBER 2009-143RA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST CLOUD FLORIDA AUTHORIZINGTHE MAYOR TO EXECUTEAPERMANENT PUBLIC UTILITY EASEMENT PURCHASEAND SALE AGREEMENT FROM POFFENBAUGH FORD INC TO HAVE AND TOHOLD FORALL USES TRADITIONALLY MADEOF A PUBLIC UTILITY EASEMENTBE
IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF ST CLOUD FLORIDAas follows SECTION
IThe Mayor of the City of St Cloud Florida isauthorized and directed toexecute Permanent
PublicUtility Easement Purchase andSale Agreement from Poffenbaugh Ford Inc to have and
to hold for all public uses traditionally made ofa public utility easementas more particularly set forth
in Exhibit1attached heretoand incorporated hereinby reference Furthermore inthe event that there
are subsequent non-substantial changestothe proposed Permanent Underground UtilityEasement Purchase andSale Agreement thatdo not increase the expenses oftheCity after consultation with theCity Attorney
andtheCity Manager the Mayor may executea revised Permanent Public Utility Easement PurchaseandSale Agreement substantially consistent withtheform of the Permanent Public Utility Easement
Purchase andSale Agreement set forth in Exhibit lSECTION II
This resolution shall take effect immediately upon its adoption PASSED AND
ADOPTED bythe City Council of the City ofSt Cloud Florida on July 92009 CITY OF
ST CLOUD ATTESTI
Vd
PJaworski ity Clerk LEGAL IN
FORM AND VALID IF ADOPTED deBeaubien KnightSimmons Mantzaris Neal LLP Daniel F
a tzaris tty orney Donna Hart
Mayor
EXHIBIT 1
PERMANENT PUBLIC UTILITY EASEMENTPURCHASE AND SALE AGREEMENT
THIS PERMANENT PUBLIC UTILITY EASEMENT PURCHASE AND SALEAGREEMENT is made and entered into this gAday of 2009by and between Poffenbauoh Ford Inc whose address is 1V18 1 St St Cloud FL34769 hereinafter referred to as GRANTOR and the CITY OF ST CLOUD 1300Ninth Street St Cloud Florida 34769 hereinafter referred to as GRANTEE
WITNESSETH
WHEREAS the GRANTEE has demonstrated a need for a permanent publicutility easement for all public uses traditionally made of an PUBLIC UTILITYEASEMENT including but not limited to use for the installation maintenance andreplacement of underground public utility systems including potable water sanitarysewer reclaim water drainage and electric and the right of ingress and egress toconstruct maintain repair and replace facilities necessary for said purpose on andrelated to the real property described as that portion of the easement lying in the LegalDescription Attachment A attached hereto and made a part hereof
WHEREAS GRANTOR has agreed to grant the GRANTEE a permanent publicutility easement
NOW THEREFORE for and in consideration of the mutual advantages inuringeach party to the other and other valuable considerations the receipt of which are
hereby acknowledged the parties do hereby agree as follows
1 Grant of Easement GRANTOR does hereby grant to the GRANTEE a
permanent underground utility easement for construction and maintenance of publicutility systems including drainage potable water sanitary sewer reclaimed waterelectric and the right of ingress and egress over and across the real property describedin Attachment A said easement shall be in the form and recorded in the public recordsas set forth and incorporated herein in Attachment A
2 Purchase Price GRANTEE shall pay to GRANTOR at acceptance of thiseasement the sum of Seventy One Thousand Seven Hundred Fifty Two dollars and 0cents 7175200USD
3 Title Prior to acceptance of this easement GRANTEE at its expense mayobtain an original commitment for title insurance committing to issue an Owners policyto the easement rights hereunder In the event that the title information is not acceptableto GRANTEE for any reason GRANTEE may terminate this Agreement upon writtennotice to GRANTOR and without any consequence to GRANTEE
4 Representations and Warranties of GRANTORS GRANTOR represents andwarrants which warranties shall survive the transfer hereunder to GRANTEE that
a From and after the Effective Date it shall not perform or permit any act orevent that might diminish encumber or adversely and materially affect the
condition of or the rights granted herein to the subject parcel or GRANTEESrights under this Agreement
b GRANTOR shall not alter the ground elevation more than one 1 foot withoutprior written approval from the GRANTEE GRANTOR shall not place anypermanent structures or allow any conditions which materially interfere withthe rights granted to GRANTEE herein or prohibit the GRANTEE fromrepairing replacing or maintaining the utility service
c GRANTEE warrants that the presence of said easement shall not precludethe installation by GRANTOR of non-occupiedimprovements including but notlimited to driveways fences columns signage and landscaping GRANTORshall coordinate with GRANTEE prior to the installation ofsuch improvements
and shall endeavor to accommodate such reasonable requestsas may be made by GRANTEE regarding placement of said improvementssoas to avoid disturbance toGRANTEEsinfrastructure within theeasementd
To the best of its knowledge has not received notice from any governmental orquasi-governmental bodyoragency or from any person or entity other then thatfrom GRANTEE with respect to any actual or threatened taking ofthe subjectproperty orany portion thereof for any public or quasi-public purpose bytheexercise of the right of condemnation or eminent domain nor does each partyhave any knowledge ofany such actual or threatened taking Furtherithasnot received any noticeofany existing or threatened lawsuit by which any partyclaims an interest in the subject property eTothe
best of its knowledge is in full compliance with requirements of all governmental authorities with
respect tothe subject property and this Agreement It hasnot received any notices from any grantee county state or other governmentalauthority or other person or entity of violations in respect of the
subject property f GRANTOR owns
fee simple title to the subject property and orhas fullpower right and authorityand is duly authorized to enter into this Agreement to perform each andall of the matters and acts herein provided and toexecute and deliver alldocuments provided hereundergThereis
no tenant or any other occupant of the subject property having any right or claimto possession or useof the property The easement rights tobetransferred herein shallbe delivered to GRANTEE free of rights or claims of any tenants occupantsor parties in possession hThereis
no litigation investigation or proceeding pending or tothe best of GRANTOR S knowledgethreatenedorany other condition which relatestoor affects thesubject property or which would impair or otherwise adversely affect this Agreementthe performance hereunder andoranyintendeduseofthe subject propertyiTothe
best of GRANTOR S knowledge andbelief no representation statement or warrantyby such party contained in this Agreement or in any
attachment hereto contains or will contain any untrue statements or omits orwill omit a material fact necessary to make the statement of fact thereinrecited not misleading
j To the best of GRANTORSknowledge neither the execution and delivery ofthis Agreement nor compliance with the terms and conditions of thisAgreement by said party nor the consummation of the sale constitutes or willconstitute a violation or breach of any agreement or other instrument to whichit is a party to which it is subject or by which it is bound
7 Representations and Warranties of GRANTEE GRANTEE represents andwarrants which warranties shall survive the transfer hereunder to GRANTOR that
a GRANTEE warrants that the presence of said easement shall not precludethe installation by GRANTOR of non-occupiedimprovements including but notlimited to driveways fences columns signage and landscaping GRANTORshall coordinate with GRANTEE prior to the installation ofsuch improvements
and shall endeavor to accommodate such reasonable requestsas may be made by GRANTEE regarding placement of said improvementssoas to avoid disturbance toGRANTEEsinfrastructure within the
easementb
GRANTEE agrees toplace one force main connection point tee and valve upto 12-inches indiameter on the GRANTEE S proposedforcemain within the easementprovided under this agreement The GRANTEE shall notify the GRANTOR noless than 30 days prior to the planned installation of the force main Within30 days the GRANTOR shall identify the exact location where they wouldlike the connection point located In the event that the GRANTOR does notprovide a location the GRANTEE will place a force main stub atthe most likelyconnection point in the judgment of the GRANTEE and proceed with installationc GRANTEE
shall restore the property toits original condition after construction andafterany repairs d GRANTEE
has full power right and authority and is duly authorized to enter into this
Agreement to perform each and all of the matters and acts herein provided andto execute and deliver all documents provided hereundereThere
is no litigation investigation orproceeding pending orto the best of GRANTEE Sknowledgethreatenedorany other condition which relates toor affects the
subject property orwhich would impair or otherwise adversely affect thisAgreement the performance hereunder andoranyintended useofthe subjectproperty Tothe
best of GRANTEE S knowledgeand belief no representation statement orwarranty by such party contained in this Agreement orinany attachment heretocontains or will contain any untrue statements or omits or will omit
a material fact necessary to make the statement of fact therein recited notmisleading
g To the best of GRANTEESknowledge neither the execution and delivery ofthis Agreement nor compliance with the terms and conditions of this
Agreement by said party nor the consummation of the sale constitutes or will
constitute aviolation or breach of any agreement or other instrument to whichit is a party to which it is subject or by which it is bound
8 Obligation to Disclose If after the Effective Date any event occurs or
condition exists of which each party has knowledge or about which said party receives
information which renders any of the representations contained herein untrue or
misleading said party shall promptly notify the other party in writing and the notified
party shall thereafter have the option to terminate this Agreement prior to transfer in
which event this Agreement shall be deemed null and void and each party shall be
relieved from all liabilities and responsibilities hereunder except as specifically providedotherwise herein
9 Default In the event either party defaults in any of the matters contained hereinthe non-defaultingparty shall have the right to terminate this Agreement andorpursue allavailable remediesatlaw including but not limited tospecific performance10
Litigation and Attorneys Fees In the event it shall be necessary for either party
to this Agreement to bring suit to enforce any provision hereof or for damages on account
of any breach of this Agreement or of any warranty covenant condition requirementorobligation contained herein the prevailing party in any such litigation includingappeals shall be entitled to recover from the other party in addition to any damagesor other relief granted asaresult ofsuch litigation all costs and expenses ofsuchlitigation andareasonable attorneysfeeas fixed by the Court 11
Survival ofProvisions The provisions of this Agreement shall not survive the transferhereunder exceptas expressly provided elsewhere in this Agreement 12
Time of Essence It is expressly agreed by both parties that time is of the essenceof this Agreement and in the performance of all conditions covenants requirements
obligations and warranties to be performed or satisfied by the parties heretoWaiver ofperformance orsatisfactionoftimely performance orsatisfaction ofany
condition covenant requirement obligation or warranty by one party shall not be deemedto be a waiver of the performance or satisfaction ofany other condition covenantrequirement obligationorwarranty unless specifically consentedtoin writing 13
Notices Any notice or other communication permitted or required to be given hereunderby one party to the other shall be in writing shall be effective upon receipt andshall be delivered by registered or certified United Sates Mail postage prepaid returnreceipt requestedorby facsimile or telecopy transmission with acknowledgmentofreceipt upon transmissionto the party entitled or required to receive the same as follows
TO
GRANTEE City Manager 1300Ninth Street StCloud Florida 34769 Phone
407 957-7301 Fax407957-7385
TO GRANTOR Poffenbaugh Ford Inc111813 1h StSt Cloud FL 34769
14 Governing Law and Binding Effect This Agreement and the interpretation andenforcement of the same shall be governed by and construed in accordance with thelaws of the State of Florida and shall be binding upon inure to the benefit of and beenforceable by the parties hereto as well as their respective heirs personalrepresentatives successors and assigns
15 Intearated Agreement Waiver and Modification This Agreement representsthe complete and entire understanding and agreement between the parties hereto withregard to all matters involved in this transaction and supersedes any and all prior orcontemporaneous agreements whether written or oral No agreements or provisionsunless incorporated herein shall be binding on either party hereto This Agreement maynot be modified or amended nor may any covenant agreement condition requirementprovision warranty or obligation contained herein be waived except in writing signed byboth parties or in the event that such modification amendment or waiver is for thebenefit of one of the parties hereto and to the detriment of the other then the same mustbe in writing signed by the party to whose detriment the modification amendment orwaiver inures
16 Brokerage The parties acknowledge that no broker or finder has beenemployed by either party therefore each party warrants to each other that nocommissions are payable or due to any other broker or finder in connection with thisAgreement or the transaction contemplated herein and each of party agrees toindemnify defend and hold the other harmless from and against any commissions orfees or claims for commissions or fees arising under the indemnifying party whichindemnification shall expressly survive the termination of this Agreement and the saleand purchase of the subject property contemplated by this Agreement
17 Effective Date The Effective Date of this Agreement shall be the date uponwhich this Agreement is last signed by GRANTEE and GRANTOR
18 Counterparts This Agreement may be executed in counterparts by the partieshereto and each shall be considered an original but all such counterparts shall beconstrued together and constitute one Agreement between the parties hereto
19 Interpretation The parties acknowledge each to the other that both they andtheir counsel have reviewed this Agreement and that the normal rule of construction tothe effect that any ambiguities are to be resolved against the drafting party shall not beemployed in the interpretation to this Agreement or any Attachments hereto
IN WITNESS WHEREOF The parties have each caused this Agreement to be
executed as of dates set forth below
ATTEST
574-ByLinda
YaZtJaworsl City Clerk
Date zL7 aI
ATTEST
Bvi scmvac
Title 04oT CiRd is a V cane
Date
The GRANTEE of St Clouda Florida municipal corporation
f IYiiitByDonna Hart Mayor
Date 7
GRANTOR
Ford Inc
By
Title
Date
Attachment A
Retumto CltyofSt Cloud1300 Ninth StreetI6 U
St Cloud FL 34769
UNDERGROUND UTILITY EASEMENT
THIS EASEMENT made 2009
between Poffenbaugh Ford Inc
whose interest is fee simple or ifother than fee simple is
onlyofOsceola County Florida herein referred to as GRANTOR and the CITY OF ST CLOUDaFloridaMunicipal Corporation 1300 9h Street StCloud Florida 34769 herein referred toas
GRANTEE GRANTOR inconsideration ofTEN DOLLARS1000and other valuable considerationtoGRANTOR paidby GRANTEE receiptofwhichisacknowledged does hereby grantanUNDERGROUND EASEMENT IN GROSStoGRANTEE forever tohave and tohold for all public uses traditionally made ofanUNDERGROUNDUTILITY EASEMENT including but not limited to use for thepurpose of installing maintaining and keeping in repairthe underground public utility systems including potable water sanitary sewer reclaim water drainage andelectric and the right of ingress and egress toconstruct maintain repair and replace facilities necessary for saidpurpose over under above and through the following described lands inOsceola County Floridato-wit
A STRIP OF LAND LYING WITHIN SECTION 08 TOWNSHIP 26 SOUTH RANGE 31EAST OSCEOLA COUNTY FLORIDA BEING 15 FEET IN WIDTH AND AS MOREPARTICULARLY DESCRIBED IN ATTACHED LEGAL DESCRIPTIONS
ParcelID No 08-26-31-3961-000A-0010AcresGRANTEEwarrantsthatthe presence
ofsaid easement shall not preclude the installation by GRANTORof non- occupied improvements including but notlimited todriveways fences columns signage and landscaping GRANTOR shall coordinate with GRANTEEprior totheinstallationofsuch improvements and shall endeavor to accommodate such reasonable requests asmaybemadeby GRANTEE regarding placement ofsaid improvements soasto avoid disturbanceto GRANTEE s infrastructure within the easementGRANTOR shall notalter the
ground elevation more than one 1 foot without prior written approval from the GRANTEE GRANTOR shall not placeany permanent structures or allow any conditions which materially interfere with the rights grantedtoGRANTEE herein or prohibit the GRANTEE from repairing replacing or maintaining the utility service GRANTEEshall restore the property toits original condition after construction and after any repairs Reserving tothe GRANTOR all
rights not inconsistent with said easement including reversion upon release IN WITNESS WHEREOF GRANTOR has
hereunto set GRANTORShands and sealtheday and year first above written ACKNOWLEDGEMENT ON PAGE21
OF2
Retum to City of St Cloud1300 Ninth Street A-202StCloud FL 34769 signed
sealed and delivered inthe presence ofPri
Name -yKt fPrint
Name VP-CZ0 ra-1l STATE OF
FLORIDA St Cloud
FL 34769 COUNTY OF
OSCEOLA On lc
2009 the foregoing instrument was acknowledged before meby and andwho
is are personallyknowntomeor who have produced as identification
and whodid did not take an oath and aI
Rita
LAnderson 1N otary Pulic Signature Comrowon OD466979EXN October30 2009Tp Fft-hmftaNotary Public Typed Printed or Stamped ACCEPTED BYthe
City ofSt Cloud by action ofthe City Council at its meeting of Z rzdF IlonnaHartMayor
ATTEST LindaP
Jaworksi
City jerk Pursuant to Section
695263fthis instrument exempt from Chapter695FSPrepared byand return toaPublic Official City ManagerCity ofStCloud 1300 Ninth Street StCloud Florida 34769 rnr2OF2
Block A Live Oak Village according tothe plat thereof as recorded in Plat Book2 Page 290 of the Public Records of Osceola County Florida being more particularly describedas follows Commence at the
Northeast corner of BlockALive Oak Village according tothe plat thereofas recorded inPlat Book 2 Page 290 of the Public Records of Osceola County Floridasaidpoint being on the South right ofway line ofUS Highway 441-192 said point also being a found 4 x4 concretemonument RLS 935thenceSouth 894632Westalongsaid South right ofway line and along the Northline ofsaid Block Aa distance of 800 01 feettothe Northwest cornerofsaidBlock A said point being on the East right ofway line ofLive Oak Boulevard thenceSouth 001328Eastalong said East right ofway line and the West lineof said Block Aa distance of 15 00 feettothe POINT OF BEGINNING thencecontinue South001328Eastalong said East right ofway line andsaid West linea distance of 333 22 feettoapoint ona curve concave tothe NortheasthavingaRadius of 437 92 feetandaCentral Angle of08 2030thencerunSoutheasterly along said East right of way line and said West line and the Arcof said curve a distance of 6376feetChord Bearing South 04 2340EastChordDistance 6370 feettoa point thence departing saidEast right ofway lineand said West line North 81 2605Easta distance of 15 00 feettoapoint on
acurve concave tothe Northeast havinga Radius of 422 92 feetand a Central Angleof08 2030thencerun Northwesterly along theArc ofsaid curve parallel tosaid East right ofway line and said West linea distance of 61 57 feetChord BearingNorth 04 23 40WestChord Distance 6152 feettothe end of saidcurve thence North 001328Westa distance of 333 22 feetthence South 8946 32Westa distance of 15 00 feetto the POINT OF BEGINNING Contains5
938 squarefeet more or less
N
W E
S
GRAPHIC SCALE
0 50 100 200
i
IN FEET
SKETCH OF DESCRIPTIONSEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION
Block A Live Oak Village according to the plat thereof as recorded inPlat Book
2 Page 290 of the Public Records of Osceola County Florida being more particularly describedas follows Begin at the
Northeast corner of BlackA Live Oak Village according to the plat thereof as recordedinPlat Book 2 Page 290 of the Public Records of Osceola County Florida said
point being on the South right of way line ofUS Highway 441-192said point also beinga found 4 x4 concretemonument RLS935 thence South00 0000Eastalong the East line ofsaid Block Aa distance of 1500
feetthence departing saidEast line South 89 4632Westparallel with said South
right of way line and the North line of said Block Aa distance of 799 95
feettoapoint on the West line ofsaid Block A and to the East right ofway line
of Live Oak Boulevard thence North001328Westalongsaid West line and
said East right ofway linea distance of 1500 feettothe Northwest cornerof
said Block A said point being on said South right ofway line thence North 89
4632Eastalong said North line and said South right ofway linea distance of
800 01 feettothe POINT OF BEGINNING Contains12
000 squarefeet more or less
m SKETCH OF DESCRIPTIONSEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION
N
W E
S
GRAPHIC SCALE
0 50 100 200
IN FEET
US HIGHWAY 441 -
192 NORTHWESTCORNER BLOCK
A SOUTHR W LINEUSHIGHWAY441-192
NORTH LINE OF BLOCK A
BASIS OF
NOO1328W1500
O
I
I
WEST LINE OF BLOCK A
j EAST RW LINE LIVE OAKW BOULEVARDJ
ODID
Y IQO
J
I
I
LIVE OAK VILLAGEPLAT BOOK 2 PAGE 290
PUBLIC RECORDS OFOSCEOLA COUNTY FLORIDA
BLOCK A
EAST LINE OF
BLOCK A
LEGEND AND ABBREVIATIONSTWP TOWNSHIPRNG RANGE
NO NUMBERU3 LICENSED BUSINESS
RW RIGHT OF WAY
PSM PROFESSIONALSURVEYOR AND MAPPER
TEL TELEPHONEF B FIELD BOOKP B PLAT BOOK
d PLUS OR MINUS
ANDORB OFFICIAL RECORDS BOOK
SURVEYORS NOTES
1 BEARINGS AS SHOWN HEREON ARE BASED ON THE SOUTH RIGHT OF WAY LINE OF US HIGHWAY 441-192BEING A
PLAT BEARING OF N89 4632E2
THIS DRAWING REPRESENTS A SKETCH OF DESCRIPTION AND IS NOT A BOUNDARY SURVEY3
NO CORNERS WERE SET AS A PART OF THIS SKETCH REQUESTED
BY CITY OF ST CLOUD PUBLIC WORKS ADMIN SHEET ZOF Z DAZE