HomeMy WebLinkAbout1996 04 08 Consent Item C
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COMMISSION AGENDA
ITEM C
REGULAR
CONSENT X
INFORMATIONAL
April 8. 1996
Meeting
REQUEST: General Services Department (Land Management Division) requesting
Commission approval to allow the City Manager to execute an easement
agreement with BellSouth.
PURPOSE: The purpose of this Board item is to allow the City Manager to execute an
easement agreement with BellSouth to extend an existing easement (now 20' X
20') by an additional 20' X 15'. This easement is at the entry to Sunshine Park, off
Edgemon Avenue.
CONSIDERATIONS:
BellSouth is planning to bring the latest fiberoptic technology to the area. This
will require an additional cabinet to house the equipment, which in turn, requires
an extension to the existing easement.
FINDINGS:
1) This BellSouth action will provide the latest technology to the residents of
the City.
2) The City is in the process of vacating utility easements on City-owned
property. The location is off Moss Road where the Fire Station and the
Public Works/Utility Department are. This is being done to allow the City
more flexibility in the utilization of this property. To finalize this action, all
utility companies must approve the vacation of these easements. All utility
companies have replied to this request except BellSouth.
3) The Utility Department has reviewed this request and have no objection.
4) The Parks and Recreation Department have reviewed this request and has
conceptual plans to alter the existing entrance to Sunshine Park to provide
a safer and more aesthetically pleasing entrance.
April 8, 1996
AGENDA ITEM ~
Page 2
The Department's concern is that this plan may require a slight
encroachment on this easement. BellSouth should be aware of this and not
object to this potential encroachment provided that it does not disrupt their
operations.
5) The existing 20' X 20' easement was granted to Southern Bell by
Commission action on April 8, 1991.
RECOMMENDA nON:
It is recommended that the Commission approve the request which will allow the
City Manager to execute the easement with BellSouth with the following
stipulations - BellSouth agrees to:
1) Receipt of no objection letter, if technically possible, to City's request to
vacate those easements located on City-owned property, and,
2) Allow the City to encroach upon this easement to reconstruct the existing
ingress/egress access point to Sunshine Park.
ATTACHMENTS:
1) Parks and Recreation Department Memorandum dated March 14, 1996.
2) Utility Department Memorandum dated March 5, 1996.
3) Real Estate Service Team, Inc. letter dated March 6, 1996.
4) Real Estate Service Team, Inc. letter dated February 27, 1996.
. 5) Proposed Easement Agreement.
6) Survey Plat.
COMMISSION ACTION:
MEMORANDUM
TO: DON LEBLANC, LAND MANAGE~IENT SPECIALIST
FRO~I:(fXU DON WILSON, PARKS AND RECREATION DIRECTOR
SUBJECT: BELLSOUTH EASEMENT REQUEST
DATE: ~lARCH 14, 1996
This is a follow-up to our on-site visit of the Senior Center at 4:45pm on Tuesday, March 12,
1996.
As discussed, we have a concept of improving the ingress and egress of the Senior and Civic
Center in the future. The purpose would be to provide a safer and more aesthetically pleasing
entrance for the patrons.
Our tentative thoughts are to provide an independent paved entrance road and an independent exit
road separated by a landscaped median with an identification marker.
. Per our telephone conversation this date, please assure that Bellsouth is unquestionably cognizant
of the fact that slight encroachment on the easement may be necessary in- the future in order to
facilitate this entrance improvement.
Thank you for your assistance on this matter.
Ilmg
cc: Ronald W. McLemore, City Manager
John Ketteringham, General Services Director
Kipton Lockcuff, Utility/Public Works Director
Susie Coffman, Seniors Manager
Chris Wargo, Superintendent of Parks and Grounds
file
WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT
"0 NORTH FLAMINGO AVENU E
WINTER SPRINGS. FLORIDA 32708
Telephone (407) 327-2669
Fax (407) 327-0942
March 5, 1996
MEMORANDUM:
TO: Don LeBlanc
FROM: Doug Taylor ;21
Re: BellSouth Easement Request
There are no existing or plans to install water or sewer lines within the 20' X 20' area requested
by BellSouth for a utility easement. Therefore the utility department has no objection to the
granting of said utility easement.
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CoRPORATE MAIL.''''O Agg"c::s:;
P. o. 80X 541912
MERRI,.,. lSl.ANO. F"-ORIOA 329S4-H:J~
REAL TOJ:l~~
DANIEL. JAY 6At1tjt:t1. ?MC::SlCt:NT
PATRICIA LOY-BONO, GENERAl. COUNSEl.
March G, 199(,
Mr. Don LeBlanc
City of Winter Springs
112ti F.. S- R.. 434
Winter Springs, FL 32708
RE: BELLSOUTH TELECOMM.UNICATIONS. ING..
Community Center/Edgemon Avenue
Dear Mr. LeBlanc.
BellSouth Telecommunl(;at..lull~ wuuld lik~ to r:xpand their
easement at the Community Center on Edgemon Avenue because
they are pJ~nning to brine the latest fiberoptic technology
to that area which would require the placem~llt uf an
actdltional cabinet at that location. The new cabinet would
provide the new tecnnology co the area and there is not
enough room to locate it in the existing easement are~.
If you have any further Questions. please don't h~~it~te ~o
contact me at (407) 459-2600, extension 227.
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Very truly yours,
REAL ESTATE SERVICE TEAM, INC.
Y-IVvv:)if0'lc;4/u'.r'V)
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Jenn~fer 1. Lewer
Realtor
C~neral Manager
MERRITT ISI..ANC/;
255 MeRRITT SaUARE MALL. MEl'lFliirr ISLANO. FL 32~52
(407) 459-2600
TrruSVILLE-I-'FlOPEFlTY MANAGEMENT
3822 S. WASHINGTON AVE.. SUITE A. TITUSVl"-I.E, F1.. 3~
(40n 269-<>040
FROM 626200
03-06-96 12:00 PM
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REAL ESTATE SERVICE TEAM, INC.
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CORPORATE MAILING ADDRESS
P. O. BoX 541912
MERRITT ISLAND, FLORIDA 32954-19'
REALTORS"
DANIEL JAY BARBER, PRESIDENT
PATRICIA LOY-BOND, GENERAL COUNSEL
February 27, 1996
~CClEW1E]I})
ft,lAR 0 1 i996
Mr. Don LeBlanc
1126 E. S.R. 434
Winter Springs, FL
CITY OF WINTER SPRINGS
land Management
JIo-.
32708
RE: BELLSOUTH EASEMENT at Community Center/Edgemon Avenue
OWNER: City of Winter Springs
Dear Mr. LeBlanc,
Pursuant to our phone conversation, BellS6uth needs to
expand the-easement they have at the Community Center on
Edgemon Avenue in ,Winter Springs. The additional easement
area they are requesting is 20 feet by 15 feet, making the
total easement area 20 feet by 35 feet.
I have enclosed the original survey showing the added amount
along with a copy of the paperwork for your review. After
your approval of the easement I will order a survey and
forward the original paperwork for signature.
If you have any questions, please feel free to contact me at
(407) 459-2600, extension 227.
truly yours,
ESTATE SER ~CE TEAM, INC.
Jen 'fer I. Lewer
Realtor
General Manager
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as mentioned
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TITUSVILLE-PROPERTY MANAGEMENT
MERRITT ISLAND:
255 MERRITT S~UARE MALL, MERRITT ISLAND, FL 32952
(407) 459-2600
3822 S. WASHINGTON AVE.. SUITE A, TITUSVILLE, FL
(407) 269-0040
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STATE OF FLORlDA
COUNTY OF
BELL SOUTH
TELECOMMUNICATIO^
EASEME1Vf
For and in consideration of dollars ($ ) and other good and va
consideration. the adequacy and receipt of which is hereby acknowledged. the undersigned owner{s) of the prJ
described below. hereinafter referred to as Grantor. do(es) hereby grant to BELLSOUTH TELECOMMUNICA1
INC.. a Georgia corporation. its licensees. agents. successors. assigns. and allied and associated com~
hereinafter referred to as Grantee. an easement to construct. operate. maintain. add. and/or remove such syst
communications. facilities,. or related services as the Grantee may from time to time require upon. over. and w
portion of the lands described in Deed Book page
County. Florida. Records. and. to the fullest extent the grantor has the power to grant. upon. over. along. and
the roads. streets. or highways adjoining or through said property.-The said easement is more particularly des
as follows:
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All that tract or parcel of land lying in Section
Meridian.
Township Range
County. State of Florida.consistin
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(strip) (parcel) of land
The following rights are also granted: the exclusive right to allow any other person. firm. or corporation to ;
wires or lay cable or conduit or other appurtenances upon. over, and under said easement for communicati,
electric power transmission or distribution: ingress to and egress from said easement at all times: the right. l:
the obligation. to clear the easement and keep it cleared of all trees, undergrowth. or other obstructions: the
but not the obligation. to trim. and cut and keep trimmed and cut all dead. weak. leaning: or dangerous trees or
outside the easement which might interfere with or fall upon the lines or systems of- communication or
tr~nsmission or distribution: and thP. right to relocate 5aid facilities. systems of communications. or related se
on said lands to conform to any future highway relocation. widening. or improvements.
To have and to hold the above granted easement unto BellSouth Telecommunications. Inc.. "its licensees. a
successors. assigns. and allied and associated companies forever and in perpetuity.
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Grantor warrants that grantor is the 'true owner of record of the above described land on which the afo
easement is granted.
SPECrAL STIPULA nONS OR COMMENTS:
The following special stipulations shall control in the event of conflict with any of the foregoing easement;
Preparer's name and address:
(Return document to the
BellSouth address on back)
[n witness whereof. the undersigned has/have caused this instrument to be executed on the
oavof
Signed. sealed. and delivered
in the presence of:
Name of Corporatio!'
Witness
By:
Title:
Attest:
Witness
State of Florida
County of
I HEREBY CERTIFY that personally appeared before me and.acXnowledg~d
that he/she was the same. The foregoing instrument was acknowledged before me this day of
. by (name and title of officer) of
(name of corporation). a. corporation. on behal.C of the
corporation. He1she is personally known to me or has produced as identification
and-did/did not take an oath.
Witness my hand and official seal in the County and State last aforesaid. this
day of
Notary Public
Print Name
Commission Number
My Commission Expi.res:
Grantor.s Address: -.
Grantee's Address:
BellSouth Telecommunications. toe.
TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS. INC.
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~VRY OF PROPBR1T POR SOU1'HKRN BELL TELEPHONE AND TELRGRAPII COMPANY
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srrE ~rx:ATION MEA HUI/8eR,. .. . . . .~~ . ~~.O.5.~~~.. . . . . . . " . . . . . . . . .. .. . . . .. . . . . . . . . . . . . . . . . .. . .. .. . ... . .
lOCATION. WINTER SPRINGS SEMINOLE FLORIDA SOYrHeRN BCU.MEA NIlUBER,
. . , . . . . . c;,-y' . . . . . . . . . . . iixJ,;,y' . .. . . . . . StATr! . . . . . . . . . . " .. . . . . . . . . . .. .
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SOUTHERN BELL TELEPHONE
COMPANY EASEMENT LOCATION
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"_./ TAX PARCEL
26-20-30-SAR-QCOO-0140
NON-PLATTED
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(] LOT IJ
NORTH ORLANDO 5TH ADDITION
P.B. 13. PAGE 78
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PROPERTY L1m:
COR~ER
rOI~T OF BED INNING
POINT OF C~NCE~NT
PLAT BOOl(
NOTES
I. NO UNOERGROUND II-lf'ROVEMENr5 ARE SHOWN.
2. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
J. THIS TRACT CONTAINS 400 SQUARE FEET OR 0.0092 ACRES OF
LAND MORE OR LESS. .
4. THIS SURVEY Is A TRUE AND CORRECT REPRESENTATION OF THE
LAND AS SHOWN ANO NOTEO AND MEETS THE UINIMUM TECHNICAL
STANDARDS AS SET FORTH By THE STATE OF FLORIDA.
5. BEARINGS BASED ON WEST R/W LINE OF EDGEMON AVENUE WHICH IS
ASSUMED TO BEAR SJ1'S9'Z8"W.
G. FIELD WORK COMPLETED ON MARCH 12. 1992.
LECAl DESCRIPTION
o
A PARCEL Of lAND LOCATED IN TIlE OR. t-lITCHEll SURvEY OF THE
lEVY GRANT BEINO Also lOCATED IN SECTION 34. T~SHIP 20
SOUTH. RANGE 30 EAST. CITY OF WINTER SPRINGS. SEMINOLE
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS.
BEGINNING AT THE NORTHEAST CORNER Of LOT 13. 8Loc~ J. OF THE
NORTH ORLANDO, FIfTH ADDITION AS RECORDED IN PLAT BOOK !3.
PACE 78 Of THE OfFICIAL RECORDS OF SEMINOLE COUNTY flORIOA
9EI~G ALSO A POINT ON TlfE "ESTERLY "IGttT OF IIAY LIHE 01'
EDGEMON AvENUE 166 fOOT RIGHT Of WAYI. THENCE N50'00'32'W
ALONG TlfE NORmERLY L1~E Of SAID lOT 13. A OISTAI/CE or 20.00
FEET TO A POll/I' THENCE LEAVINC SAID NORTIfERLY LIHE
113"S9'28'E, A DISTANCE or 20.00 fEET TO A POINT' THEHCE
S5B'OO'32'E. A OISTANCE or 20,00 fEET To A POINT ON SAID
WESTERLY RIGHT Of WAY LINE OF EDGEMON AVENUEI THENCE
'SJ1''59~B.''''ACONG 5"'111 WESTERlT RIGIIT Of WAY LINE. A OISTAI/CE
Of 20.00 FEET TO THE POINT OF BEOIN~ING;
SAID PARCEL of LAND CONTAINS ~OO SOUAnE FEET Of lAND ~RE OR
LESS.
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SURVEY CERTIFIED To.
SOUTIIERN BELL TELEPHONE COMPANY AND
FIDELITY TITLE & GUARANTT COMPANY
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C€RrIFfCATlON.
I. THOMAS AKOH/i,FI..ORIDA REGISTERED SUlNcrOR NUMBeR
~~.{}(J HERES'('CERrIFY.THAr THIS SUlfllfY WAS PREPMeD
IlNDC.R ItIY OIRECTIO!C'Ni.ti. THAT. rr MEETS THE MINIMIl'" TECHNIC;lL
ST MDMOS' FOR Utii(~JtEYING IN THE ST HE OF FI.ORIOII
ICHN'T'ER ZfHli~IF:OR. THt. :Tipc:.~F SUINEY SHONN HEREON AND IS
TRIlE AND C6RRm: r:o:.nil!..:.8Ofr OF Arf KNf1NLEDGE AND 8eUEF.
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engine." . pklnner! . lond !vrveyor.
en,ir.ntrmllaf .p.ci.list.
13JJ Ed9.".I" Drit.. :i
Orland.. Florid. J1904
407l4Z3-3J91
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