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HomeMy WebLinkAboutProgress Energy Distribution Easement - 2009 12 21 kil PMEP Ent 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, does o n hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation ( "GRANTEE "), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and o maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service by GRANTEE, said facilities being located in the following described "Easement Area" within GRANTOR'S premises in pz SEMINOLE County, to wit: o A 10.00 foot wide Easement Area defined as lying 5.00 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 w future development: 0• 0 This easement is limited to underground facilities only with the exception of the pedestal that will be installed 9 CD for the service to the new meter. y � A portion of the East 1/2 of Lot 3, Block D, of MITCHELL'S SURVEY OF LEVY GRANT on Lake Jessup according to the plat thereof as recorded in Plat Book 1, Page 5 of the public records of Seminole County, Florida, g being more particularly described as follows: BEGIN at the intersection of the Northerly right of way line of the Lake Charm Branch, Rail Corridor, a 40.00 foot right of way owned by CSX Railroad with the East line of said Lot 3; thence along said Northerly: right of way line, run South 82 °52'56" West a distance of 201.42 feet; thence run North 07 °35'58" f. 0 West a distance of 643.98 feet to the point of curvature of a curve concave East, having a radius of 550.00 feet, a central angle of 23 °53'36 ", a chord of 227.70 feet which bears North 04 °20'50" East; thence run Northerly along the arc of ,g said curve a distanze of 229.36 feet to the point of compound curvature of a curve concave Southeast, having a radius of • 166.98 feet, a central 'angle of 66°56'17", a chord of 184.18 feet which bears North 49 °45'47" East; thence run c V Northeasterly along 'the ad:. of said curve a distance of 195.08 feet to the East line of said Lot 3; thence run along said East line South 07°33'04" East a distance of 967.77 feet to the POINT OF BEGINNING. Containing 182,782 square feet or 4.20 acres, more or less. Tax Parcel Number: 26 20 30 5AR - OD00 - 0030 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; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable 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 reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable 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. The rights and easement herein granted are non - exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with 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 GRANTEE's facilities and provide a working space of not less than ten (10) feet on the ►d opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted pc, 8 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 1 01 , 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. 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 shall amend this legal description to cover the actual facilities. This document prepared by R. Alexander Glenn Return to: Progress Energy Florida, Inc. 3300 Exchange Place Lake Mary, Florida 32746 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 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 herein 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 officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this 21s t day of December , 200 9 . GRANTOR: City of Winter Springs TEST X N. , Ie of *+ v + . tio� 41e2-60)(-J '�' Deputy City Clerk Mayor LI11114 ‘4 J oan L. Brown John . r Printed or Type Name Printed or Type Name SIGNED, SEALED AND DELIVERED IN THE PRESENCE a OF: Grantor(s) mailing address: c i ,L C )th prJ City of Winter Springs Signature ofF•4* Witness 1126 East State Road 434 .yle Coutant Winter Springs, Florida 32708 Print , T .e Name of First Witness Si. _ \ S•• + Witness Print or Type Name of Second Witness State of .1,�, f f 2/1- ) ) ss County of ) The foregoing E sement was acknowledged before me this day of , 200 9 , by _1_ 1 1 / / ,1-d and ^/ its President and retary, respectively, of (.1 1/4,,IYA„ , a (state) c atio on behalf of the Corpo 'on who is /age personally rP � rP P Y known to me or who has/have produced /V/X7 as identification and who did/did not take an oath. CORPORATE SEAL NOTARY SEAL / ` 44 /AL / /1 _ � i ' !l _ �L Name: Notary Public � ,rr •u Notary ry Public State of Florida Serial Number: w Carol A La othin My Commission Expires: My Commission DD660490 oFn Ex fires 04/28/2u Rev 10/08 - v Progress Energy AGREEMENT FOR ELECTRIC SERVICE BETWEEN PROGRESS ENERGY (THE U11LITY) AND City of Winter Springs (THE APPLICANT) WHEREAS, the Utility owns and operates an electric distribution system in Seminole County, Florida, in which the Applicant owns a real property development to be known as Citv of Winter Springs Don Park, (the "Development "), on which the Applicant has constructed or proposes to construct certain improvements; and WHEREAS, the Utility desires to cooperate with the Applicant and to install an electric distribution system for the Development as described in the Utility's electric service proposal dated 11/25/09, including the various attachments specified therein, (the "Proposal "), which is incorporated herein, and made a part hereof by this reference; NOW, THEREFORE, in consideration of the premises and of the mutual agreements hereinafter set forth, the parties hereby agree as follows: 1. Upon compliance by the Applicant with all of the provisions of the Proposal, in a manner acceptable to the Utility, the Utility shall install, operate and maintain an electric distribution system consisting of facilities and related equipment for providing electric service in accordance with the Proposal. Facilities will be provided for single phase service only, except as otherwise indicated in the Proposal. 2. The Applicant agrees to pay to the Utility the charge set forth in the Proposal to aid in the construction of the distribution system, which amount is to be paid before construction by the Utility commences. 3. In the event the Applicant makes or causes to be made, any changes in the distribution system shown in the Proposal, the Applicant agrees to pay the Utility all additional costs incurred by it as a result of such changes. The Applicant further agrees to pay the Utility for any damages to its equipment or facilities caused by the Applicant, its employees, agents, or sub- contractors. 4. The Applicant agrees to convey to the Utility, without cost, all easement rights, including ingress, necessary and convenient to the Utility for the purpose of constructing, operating, maintaining, and removing the distribution system. 5. The Applicant shall provide service entrance facilities in accordance with Proposal and the Rules and Regulations of the Utility, including the current published "Requirements for Electric Service and Meter Installations ". 6. Nothing in this Agreement shall be construed to have the effect of vesting in the Applicant any right, title or interest in or to any distribution facilities, all of which shall be and remain the exclusive property of the Utility. 7. This agreement is subject to the regulatory jurisdiction of the Florida Public Service Commission and the terms and charges hereof are contingent upon any applicable changes approved or directed by the Commission to the Rules and Regulations or the Rate Schedules contained in the Utility's tariff. No other changes to this agreement shall be effective unless agreed to in writing. 8. This agreement incorporates all prior agreements between the Applicant and the Utility concerning the subject development and all other representations or understandings not set forth herein are superseded and ineffective. (Applicant) PROGRESS ENERGY By: BY: Cecil Roberts, Jr. Title: Title: Distribution Design Specialist Date: /Z /z.7 /0 Date: 11/25/09 JAMESTOWN SERVICE and CONSTRUCTION A Progress Energy Company 2801 West State Road 426 — Oviedo, Fl 32765 t Z ProgressEnergy INVOICE WR: 3416623 Wo rk Authorization j Job Order Billing, Acldresi Information Customer Representatives Name CITY OF WINTER SPRINGS ALAN GREENE Address City State Zip 1126 E SR 434 WINTER SPRINGS FL 32708 Service,Addrest Information ' Customer Representatives Name CITY OF WINTER SPRINGS ALAN GREENE Address City State Zip 900 E SR 434 WINTER SPRINGS FL 32708 Work Description COST IN AID OF CONSTRUCTION TO PROVIDE UNDERGROUND FACILITIES TO SERVE THE DOG PARK LOCATED AT 900 EAST STATE ROAD 434, WINTER SPRINGS PER CUSTOMERS REQUEST. Out of Ratio Cost $6,698.24 Billing Method Terms of Payment IY Contract Price $ 6,698.24 Cost III Cost plus 15% © In Advance El On or before 20 days after Ill Other Completion of project Explain below Other Terms of Payment Owne ip of completed project Date Payment Received Progress Energy ['Customer AGREEMENT The Customer is responsible for the cost, repair or replacement of (1) sod, trees, shrubbery or other plants damaged in the normal course of performing or gaining access to the above work, and (2) damage to non - Progress Energy underground wires, conduit, pipes or other utility facilities that have NOT been staked or located by owner of the facilities. Contract price and terms of payment become invalid if the signed agreement is not received by Progress Energy on or before .... 30 DAYS. The undersigned hereby authorizes and employs Progress Energy to perform the above job and to furnish labor, necessary facilities or equipment and / or materials for the above job and agrees to pay in accordance with the terms of payment as noted above. Signature of Above Customer or R presentative Date X ..-'7 Name (Please print or type) �/ C .-v r,.r L . .r ,,, , - r 4 / -i 7"f .4.-2 ln.fre(N. Authorizing Supervisor Date 4 # a V d_cchrprint_wr_fin_quote