HomeMy WebLinkAbout2004 04 12 Consent 207
COMMISSION AGENDA
ITEM 207
Consent X
Informational
Public Hearing
Regular
April 12, 2004
Regular Meeting
j~ e-G
Mgr. / Dept.
Authorization
REQUEST:
The Parks and Recreation Department is recommending the City
Commission to authorize the City Manager to grant a Utility Easement to
Progress Energy (FPL) in the back of Central Winds Park and approve the
cost of $15,889.96 to provide 3 phase underground service for the
Irrigation Pump Station.
PURPOSE:
The purpose of this agenda item is for the City Commission to authorize
the City Manager to grant a 15' Utility Easement in the back of Central
Winds Park to Progress Energy (FPL) and approve the cost of $15,889.96
to provide 3 phase underground service for the Irrigation Pump Station.
CONSIDERATIONS:
. This agenda item is needed to provide Progress Energy (FPL) a 15' Utility Easement in
the back of Central Winds Park for the Irrigation Pump Station.
. Progress Energy (FPL) provided a cost of $ 15,889.96 for the installation of 3 phase
underground service for the Irrigation Pump Station. The proposed easement is currently
being completed and subject to the review of the City Attorney. Attached a letter from
Progress Energy (FPL), Utility Easement and Agreement, and Easement Sketch.
FUNDING:
$ 15,889.96 from FRDAP Grant #5 Funds.
RECOMMENDATIONS:
It is recommended that the City Commission authorize the City Manager to execute a 15'
Utility Easement in the back of Central Winds Park to Progress Energy (FPL) and approve the
expenditure of $ 15,889.96 for the installation of the 3 phase underground service for the
Irrigation Pump Station.
IMPLEMENTATION SCHEDULE:
Under final review of the City Attorney, the Utility Easement will be conveyed to Progress
Energy (FPL) for recordation.
ATTACHMENTS:
Attachment # 1
Attachment #2
Letter from Progress Energy (FPL).
Utility Easement and Agreement, and Easement Sketch.
COMMISSION ACTION:
ATTACHMENT #1
From: Progress Energy FPL " .
Cecil Roberts, Jr. (Service Coordinator)
Off: 407-359-4453
Fax: 407-359-4449
To: lerry (City Electrician)
Alan Greene, Superintendent Parks and Recreation
Subject: Information to run electric to the new Pump Station at
Central Winds Parle.
. Trenching from eXisting transfutmer on site North 175' to E 377'
· Install "concrete pull box
· Trench 307' North to new trans fonner
. 4' down in the ground with oonduit
· Price includes back fin and. trenching
. Electrician will run secondary from transformer to Cities panel x'
· Last procedure will be"to set the inetc:l'
. Splice in conduit to pull box
· New 3 phase 277/480 transfonner
· Sizeis7S.Pf^ K-v^-~
· Make up to energize the tnuiSformer
. All Materials and Labor included
· 8 to 10 weeks to install from the date of approval
· Cost for project is $15,889.96
The cost to provide an" underground feed to a new pad mount transil
comer of pond at Central Winds Park is $15,889.96. Our schedule is
to ten weeks for completion of job. This will inolude design. obtaini
easements, and satisfying invoice.
~~0u.
Signature of FPL epresentative . r
,..
ATTACHMENT '#2
Prepared by and return to:
The City of Winter Springs
Attention: Utilities Department
1126 East State Road 434
Winter Springs, FL 32708
(407) 327-5957
GENERAL UTILITY EASEMENT AND AGREEMENT
THIS GENERAL UTILITY EASEMENT is made this day of
2004, by the (hereinafter called "Grantor"),
in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation
("Grantee").
WITNESSETH:
WHEREAS, Grantor is fee simple owner of certain real property located within the City of
Winter Springs, Florida, which is dedicated for the use and maintenance by Grantor for the benefit
of the public; and
WHEREAS, the Grantor desires to convey a utility easement to Grantee for purposes of
allowing Grantee to install, operate and maintain in perpetuity, or until Grantee's use allowed
hereunder is abandoned or terminated, such facilities as may be reasonably and customarily
necessary for Grantee, and others authorized by Grantee to use said facilities, to provide public
utilities to customers desiring such utilities; and
WHEREAS, the Grantor and Grantee believe that this utility easement is in the best interests
of the public health, safety, and welfare.
NOW, THEREFORE, in consideration of the enumerated public purpose stated herein, and
the mutual covenants, terms, and conditions and restrictions contained herein, together with other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein
by this reference.
2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its
successors and assigns, on behalf of the public, subject to any previously duly recorded easements
or grants of record, a nonexclusive and perpetual public utility easement over, under, and across the
real property described as Exhibit "A," which is attached hereto and fully incorporated herein by this
reference ("Easement Property"), of the nature and character and to the extent hereinafter set
Form 4/04
General Utility Easement and Agreement
Page 1 of 5
("Easement") .
3. Purpose of Easement. This Easement is granted for the express purpose of
allowing Grantee to perpetually use the Easement Property to construct, operate, and maintain
facilities as may be reasonably and customarily necessary for Grantee, and others authorized by
Grantee to used said facilities, to provide public utilities to customers including, but not limited to,
water, sewer, reuse, and storm water. It is also the express purpose of this Easement to provide
Grantee unconditional ingress and egress to, over, across. under and from the Easement Property for
the purposes stated herein.
4. Ril!hts of Grantee. To accomplish the purpose stated above, and at Grantee's
expense, the following rights are conveyed to Grantee by this Easement:
(a)The right for Grantee to patrol, inspect, alter, improve, repair, rebuild, relocate and remove said
facilities; (b) the right for Grantee to increase or decrease the voltage and to change the quantity and
type offacilities; (c) the right of Grantee to clear the Easement Property of trees, limbs undergrowth
and other physical objects which, in the opinion of Grantee, endanger or interferes with the safe and
efficient installation, operation, or maintenance of said facilities; (d) the right for Grantee to tremor
remove any timber adjacent to but outside the Easement Property which, in the opinion of Grantee,
endangers or interferes with the safe and efficient installation, operation, or maintenance of said
facilities; (e) the reasonable and temporary right for Grantee to enter upon land of the Grantor
adjacent to said Easement Property for the purpose of exercising the rights herein granted, provided
Grantor does not object to said entry; and (f) all other rights and privileges reasonably and
customarily necessary or convenient for Grantee's safe and efficient installation, operation and
maintenance of said facilities and for the enjoyment and use of said Easement Property for the
purposes described above.
5. Grantor's Use. Grantor agrees that Grantor will not permit any buildings, structures
or obstacles (except fences) to be located or constructed within the Easement Property, unless
Grantee agrees to said location or construction. Notwithstanding, fences may be located,
constructed, or installed within the Easement Property, provided the fence shall be placed so as to
allow ready access to Grantee's facilities.
6. Easements Run with the Land. This Easement shall remain a charge against the
Easement Property. Therefore, this Easement shall run with the land and be automatically assigned
by any deed or other conveyance conveying the Easement Property, or a portion thereof, relating to
this Easement, even though the conveyance makes no reference to this Easement as such.
7. Attornevs Fees. In the event of any legal action arising under this Easement
between the parties, the parties agree to incur their own attorney's fees, court costs and expenses,
through all appellate proceedings.
Form 4/04
General Utility Easement and Agreement
Page 2 of 5
8. Recordation. Grantee shall record this instrument in a timely fashion in the Official
Records of Seminole County, Florida and may re-record it at any time as may be required to preserve
its rights in this Easement.
9. Successors. The covenants, terms, conditions, rights, and restrictions of this
Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective
personal representatives, heirs, successors and assigns and shall continue as a servitude running in
perpetuity with the Property.
10. No Representations and Warranties. Grantor makes no express or implied
representations or warranties under this Easement.
11. Grantee's Due Dilie:ence. Grantee acknowledges it has conducted its own due
diligence of the Easement Property and Grantee has, in its own discretion and judgment, determined
the Easement Property is suitable for Grantee's purposes, whether said purposes are specifically
stated in this Easement or not.
12. Entire Ae:reement. This Easement constitutes the full and entire agreement
between the parties hereto and supercedes any oral or written prior communications between the
parties related to the subject matter contained in this Easement. The laws of Florida shall govern this
Easement.
13. Sovereie:n Immunitv. Nothing contained in this Easement shall be construed as a
waiver ofthe Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed on the Grantee's potential liability under state or federal law.
14. Modification. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns, heirs, or representatives thereto.
15. Grantor's Duty of Noninterference. Grantor agrees not to interfere or allow others
to interfere with Grantee's rights to use the Easement Property as specifically set forth herein.
16. Permits. Grantee shall be solely responsible and liable for complying with any
local, state, or federal permit requirements, obligations, and duties (if any) related to the
construction, operation, and maintenance of Grantee's facilities located within the Easement
Property.
17. Grantee's Indemnification and Hold Harmless. Grantee agrees to the fullest extent
permitted by law, to indemnify and hold harmless the Grantor and its officers, employees, and
attorneys from and against all claims, losses, damages, personal injuries (including but not limited
to death), or liability (including reasonable attorney's fees through any and all administrative, trial
and appellate proceedings), arising from, out of, or caused by Grantee's, its officers, employees,
agent's, or contractor's, negligent or intentional acts, errors, omissions in the construction, operation,
Form 4/04
General Utility Easement and Agreement
Page 3 of 5
use and maintenance of Grantee's facilities located on the Easement Property.
18. Grantor's Indemnification and Hold Harmless. Grantor agrees, to the fullest
extent permitted by law, to indemnify and hold harmless the Grantee and its officers, employees, and
attorneys from and against all claims, losses, damages, personal injuries (including but not limited
to death), or liability (including reasonable attorney's fees through any and all administrative, trial
and appellate proceedings), arising from, out of, or caused by Grantor's, its officers, employees,
agent's, or contractor's, negligent or intentional acts, errors, omissions in the construction, operation,
use and maintenance of Grantor's facilities located on the Easement Property.
IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day
and year first above written.
GRANTOR:
WITNESSES:
Print Name
Print Name:
Print Name:
By:
, President
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this day of
, 2004, by , 0 who is personally known to me or 0 has
produced as identification.
NOTARY PUBLIC
My Commission Expires:
Form 4/04
General Utility Easement and Agreement
Page 4 of 5
WITNESSES:
CITY OF WINTER SPRINGS (Grantee):
Print Name:
By: Ronald W. McLemore, City Manager
Print Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this day of
,2004 by Ronald W. McLemore, City Manager, 0 who is personally known to me
or 0 has produced as identification.
NOTARY PUBLIC
My Commission Expires:
G :\DoCllICily oC Winter SpringslAgreemenlslGeneralUlililyEasemenlA greemenlFonn. "'pel
Form 4/04
General Utility Easement and Agreement
Page 5 of 5
THIS AGREEMENT WAS
ORIGINALLY GIVE TO THE CITY
COMMISSION AT THE APRIL 12,
2004 REGULAR CITY COMMISSION
MEETING. THE CITY COMMISSION
APPROVED THE AGENDA ITEM.
PER ANTHONY' S LETTER
ATTACHED TO THE
DISTRIBUTION EASEMENT AFTER
THIS NOTE, CHUCK PULA, PARKS
AND RECREATION DIRECTOR,
THAT THIS EASEMENT WAS
ACCEPTABLE BY CHUCK PULA
AND THUS REPLACES THE
AGREEMENT THAT WAS
INCLUDED IN THE AGENDA ITEM.
PER PARKS AND RECREATION
DEPARTMENT, THERE IS NO
ORIGINAL ON FILE FOR THIS
DISTRIBUTION EASEMENT.
MARYANNE MORSEf CLERK OF CIRCUIT COURT
&EIIINOLE COUt1TY
BK 05374 PGS 1605-1606
CLGRK~ S li x'004106780
RECORDED 87/88/4 11:49:57 AN
DEED DOC TAX; & 7~
RECORDII~ FE~B 18.5•
RECORDED 9Y S O~K~lley
CV progress Energy
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns
("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, did 'grant and
convey to FLORIDA POWER CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC., a Florida
corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees,
licensees, transferees, permittees, apportioners, and assigns, an easement to install, operate and maintain in perpetuity,
such facilities as may be necessary or desirable for providing electric energy said facilities being located in, on, over,
under or across the following described "Easement Area" within GRANTOR'S premises in Seminole County, to wit:
A 10 foot wide Easement Area deemed as lying 5 feet on each side of GRANTEE"s facilities to be installed at
mutually agreeable locations over, across and through the following described property to accommodate present and future
development.
See Legal Description on the accompanying Exhibit "A", attached hereto and incorporated herein by this reference.
Tax Parcel Number: 26-20-30-SAR-OB00-0090
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to
patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; (b) the right for GRANTEE to
increase or decrease the voltage and to change the quantity and type of facilities; (c) the right for GRANTEE to clear the
Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or
interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the right for GRANTEE
to trim or remove any timber adjacent to, but outside the Easement Area which, in the opinion of GRANTEE, endangers
or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right
for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the
rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE'S safe
and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for
the purposes described above. 7'he rights and easement herein granted are non-exclusive as to entities not engaged in the
provision of electric energy and service and the GRANTOR reserves the right to grant rights to others affecting the said
easement area provided that (1) notice is first given to GRANTEE and (2) in the reasonable judgment of GRANTEE,
such rights do not create a dangerous or unsafe condition or unreasonably conflict the rights granted to GRANTEE
herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as
to allow ready access to GRAN'tEE's facilities and provide a working space of not less than six feet (6') on the opening
side and one foot (1') on the other three sides of any pad mounted transformer. If GRANTOR'S future orderly
development of the premises is in physical conflict with GRANTEE'S facilities, GRANTEE shall, within 60 days after
receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in
GRANTOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE
the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities and such other property
as deemed necessary by Grantee. Upon the completion of the relocation, the easement herein shall be considered
cancelled as to the portion vacated by such relocation. This legal description was provided by GRANTOR. In the event
facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or sl:~sll
amend this legal description to u>clude the actual facilities and necessary property.
Return ta:
3300 Exchange Place
Lake ~Aary, FL 32746
This document pzepazed by: Marva Taylor
Return to: Progress Energy Florida, lnc.
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GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's
premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from any and all damages and
injuries, whether to persons or property, resulting from interference with GRANTEE'S facilities by GRANTOR or by
GRANTOR' s agents or employees.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or
damages incurred by GRANTOR arising directly from GRANTEE'S negligence or failure to exercise reasonable care in the
Y construction, reconstruction, operation or maintenance of GRANTEE'S facilities located on the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in
which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey
this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this
easement.
All covenants, terms, provisions and conditions herehi contained shall inure and extend to and be obligatory upon the
heirs, successors, lessees and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its
proper officer t reunto duly authorize and its official corporate seal to be hereunto affixed and attested this ~'~ day of
,200.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
C~~C_~
'ig~nature of Fiirst W/it~ness
Print or Type Name First Witness
S ature of Second(W~itness
~~0.n f C,t \Q.`~a~l~~
Print or Type Name of Second Witness
State of X~~,t`~~ )
ss
County of ~~(,l-~k~c-':= )
(GRANTOR:
City of Winter Springs
Na Corporation
Ma
F. Bush
Printed or Type Name
A~~~~ ~~~~.~-~
spry l.-~~-r~, ~~-~l c~`~1--~.
.~ebr~~. f~,~~~K~.zx/
Printed or Type Name
Grantor(s) mailing address:
'T~hg':foregoin~Easement was acknowledge before ni this ..~-~ day of ~~l , 200~,~
by ~ ~ . and ti;- .t1id4~~-t--,~l ,its President and__ its Secretary, I~aQk ~< «
resp<,ctively o a ~~-r1 i t~,Qk~-e (state) Corporation, on behalf of the Corporation who are p~sonall~lgi~wn to me or who
gave. produced __ ~' ; , a~ ident f fication and who did/did not take an oath.
CORPORATE SEAL
'~ ..t
N `~R~ ~,~i~ea Lorenzo-Luaces
:p My Commissbn DD209870
~;'~`~ Expires Nw O9, 2007
Seri~ll Number:
My Comtnission Expires:
Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; May-21-04 2:11PM;
BK.~WN, SAT~'.l.MAN, WEISS &GARGANESE, P.A.
.Atmrneyr at Lary
Usher L. Brown'
Jeffrey P. BuaK'
Suzanne D'Agresta"
Ai><hony A. t3arganese"
Gary S. Sahman°
John H. Ward'
Jeffrey S. Weiss
•Bodpd Certltled Civil Trial Lawyer
'Board Certified Business Litigation Lawyer
"Board Certified City, County & Local Government t.aw
Page 2/2
C>ffiices in Urlando, Kissimmee, Debra S. Babb-Nutcher
Cocoa & Viexa Joseph E. Butch
John U. Bl9denham, Jr.
Lisa M. Fletcher
Dou8las Lamb9rt
Katherine Latorre
Melanie A. Mucalio
Michelle A. Reddin
Kimberly F. Whitfield
Erin J. O'Leary
Jay W. Taylor
Ot Counsel
May 21, 2004
V!a Facslmlile ~nlv
Marva Taylor
Progress Energy Florida, Inc.
2801 West State Raad 426
Oviedo, Florida 32765
RE: City of Winter SpringslCentral Winds Park
Dear Marva:
Thank you very much for your telephone call today. The Distribution Easement that was
faxed to my office by Chuck Pula is acceptable. By copy of this fetter, I am requesting that Chuck
Pula have the Mayor of Winter Springs execute the easement on behallf of the City. Further, as
we discussed, before Progress Energy records the Distribution Easement, you will add a signature
line fpr the grantee, Progress Energy. At such time as the Distribution Easement is fully executed
and received by you, you will record the easement in the public records of Seminole Counly,
Florida. Once you receive the recorded easement, please provide a copy of the easement to me
so that I may dose my file:
If you have any questions, please do not hesitate to call.
Ve yours,
Anthony A. Garganese,
City Attorney
AAGlImg
cc: Chuck Pula, Parks and Recreation Director
225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Fbrida 32802-2873
Orlando (407) 425.9566 Fax (407) 425.9596 • Kissimmee (321)402-0144 • Cocoa 6 Viers (866)425.9566
Website: www.ortarrdotaw.net • l=mail; agargdnese~ortalldddw.n6t
`° Pro ress Ene
Mr. Anthony Garganese _
Brown, Salzman, Weiss & Garganese
225 E Robinson Street, Suite 660
Orlando, FL 32802
Dear Mr. Garganese,
July 26, 2004
Enclosed please find a copy of the recorded Distribution Easements as per your
request.
~1 a9~~1 ~
~~
~"~ ~~~
Sincerely,
*~/
5t L. Lane
Real Estate Document Center
Progress Energy Services Company, LLC
3300 Exchange Place - NP3A .r
Lake Mary, FL 32746
Progress Energy Florida, inc.
3300 Exchange Place
Lake Mary, FL 32746
r
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-6599
Fax: (407)327-4763
Parks & Recreation Dept.
MEMORANDUM
TO:
FROM:
RE:
DATE:
Andrea Lorenzo-Luaces, City Clerk
i~
Chuck Pula, Pazks and Recreation Director
Progress Energy Distribution Easement
May 24, 2004
Please have the Mayor execute all three original Progress Energy Distribution
Easements. Keep one original for the city and return the other two to me. I will forward
one to Progress Energy.
The City Commission approved the execution at the April 12, 2004, City Commission
meeting (comment #207).
The City Attorney has also attached a letter that will go to Progress Energy along with the
Easement.
'~