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Home My WebLink About2000 02 14 Consent G Utility Easement to Florida Power Corporation COMMISSION AGENDA ITEM G CONSENT X INFORMA TIONAL PUBLIC HEARING REGULAR February 14, 2000 Meeting MGR I0EPT j./'j-- Authorization REQUEST: Utility Department Recommending the City Commission Authorize the City Manager to Grant a Utility Easement to Florida Power Corporation through Sam Smith Park. PURPOSE: The purpose of this agenda item is for the City Commission to authorize the City Manager to grant a 15' Utility Easement through Sam Smith Park to Florida Power Corporation to facilitate the relocation of an existing overhead power line to underground. CONSIDERATIONS: This agenda item is needed to provide Florida Power Corporation a 15' utility easement through Sam Smith Park. The current electric service to the East wastewater plant is an overhead service that crosses Winter Springs Boulevard and goes through Sam Smith Park. The Utility Department budgeted funds in the current fiscal year to convert the overhead service to underground. This was needed to improve the reliability of the service, increase the safety in Sam Smith Park, and enhance the appearance of Winter Springs Boulevard. FPC provided a cost of$7,344.91 for the conversion. During their review of the project, they discovered that there was not an existing utility easement for their facilities. The proposed easement, subject to the final review of the City Attorney, is attached along with the legal description and sketch of the underground facilities. The proposed easement does not conflict with the ongoing Sam Smith Park improvements. 21400cg.doc Consent Agenda Item G February 14, 2000 Page 2 RECOMMENDA TION: It is recommended that the City Commission authorize the City Manager to execute a 15' utility easement through Sam Smith Park to Florida Power Corporation. ATTACHMENTS: 1. Utility Easement FUNDING: No funding is required at this time. IMPLEMENTATION: Upon final review of the City Attorney, the utility easement will be conveyed to Floriaa Power Corporation for recordation. COMMISSION ACTION: 21400cg.doc A TT ACHMENT NO. 1 Prepared by and return to: Anthony A. Garganese, City Attorney City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 UTILITY EASEMENT TIllS UTILITY EASEMENT is made this day of , 2000, by CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation (OGRANTORD), having a mailing address of 1126 East State Road 434, Winter Springs, Florida 32708, in favor of the FLORIDA POWER CORPORATION, a Florida corporation ("GRANTEE"), having a mailing address of P.O. Box 14042, St. Petersburg, Florida 33733. WITNESSETH: WHEREAS, GRANTOR is the sole owner in fee simple of certain real property located within Winter Springs dedicated for the use and maintenance by GRANTOR for the benefit of the community; and WHEREAS, the GRANTOR desires to convey an easement to GRANTEE to install, operate and maintain in perpetuity or until the use thereof is abandoned, such facilities as may be necessary or desirable for providing electric energy and service by GRANTEE or others; said facilities being located in the following described "Easement Area" within GRANTOR's premises in Seminole County, Florida to wit: A 15 (fifteen) foot wide Easement Area over, across and through the GRANTOR's property, Tax Parcel Number 31-20-31-SBB-OOOO-OO9A as described in the attached Attachment "A", attached hereto and by this reference made a part hereof; and WHEREAS, 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 of GRANTEE to clear the Easement Area 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 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; and WHEREAS, Grantor, as fee simple owner of the easement property, hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed excavated or created within the Easement Area. If 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 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 agree 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. Upon the completion of the relocation, the easement herein shall be considered canceled as to the portion vacated by such relocation; and WHEREAS, GRANTOR and GRANTEE believe that this utility easement is in the best interests of . the public health, safety, and welfare of the citizens of Winter Springs and Seminole County. NOW, THEREFORE, in consideration of the enumerated public purposes 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 acknowledged, Grantor provides as follows: 1. Easements Run with the Land. This Easement shall remain a charge against the Property. Therefore, this Easement shall run with the land and be automatically assigned by any deed or other conveyance conveying a portion of the Property relating to this Easement, even though the conveyance makes no reference to this Easement as such. 2. Attorneys 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. 3. 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. 4. Successors. The covenants, tenns, 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. 5. GRANTOR's Representations and Warranties. GRANTOR hereby agrees and makes the following representations and warranties to GRANTEE: a. Grantor is lawfully seized of said Property in fee simple and has the full and complete lawful authority to execute this Easement, convey the Easement to Grantee, and bind the Property as set forth herein. b. The Property is free of any and all encumbrances, except zoning restrictions and prohibitions and other requirements imposed by governmental authority and other encumbrances, which are recorded in the public records of Seminole County, Florida. C. GRANTOR shall pay any and all taxes and assessments that are levied on the Property, from time to time, as said taxes and assessments come due. d. GRANTOR hereby warrants the title to the Easement granted hereunder over, under, and across the Property and will defend the same against the lawful claims of all persons whomever. 6. GRANTEE's Ri~ht to' Seek Equitable Relief. GRANTOR agrees, recognizes, and acknowledges that any breach of this Easement by GRANTOR would result in irreparable harm to GRANTEE and the public, and accordingly, GRANTOR agrees that in addition to and not in lieu of all legal and equitable remedies available to GRANTEE by reason of such breach, GRANTEE shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of such breach. 7. Entire A~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. 8. Soverei~n Immunity. Nothing contained in this Easement shall be construed as a waiver of the GRANTOR's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the GRANTOR's potential liability under state or federal law. 9. Modification. This Easement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns, heirs, or representatives thereto. 10. GRANTOR's Duty of Noninterference. GRANTOR agrees not to interfere or allow others to interfere with GRANTEE's rights to use the Property as specifically set forth herein. GRANTOR agrees not to permit or allow the construction or erection of any building or structure on the Property without the prior written consent of GRANTEE. IN WITNESS WHEREOF, GRANTOR and GRANTEE have set their respective hands on the day and year first above written. . 't ~ '~. WITNESSES: ~~.~ int Name: :rc.n I 'i JlCI,cJ'tl"u CITY OF WINTER SPIYNGS (GRANTQ~): ::! " 7" '- r '-:~~~ ...~ .~~. .~ - ~ ~k/?J. J~~ .~ ,'_~ By: Ronald W. Mc4'I:!iore, Gity Manager ./ , ' , ;J~~ ~~ ,"~ilJintName:-ran{a +leas ST ATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn }(.4RL ,2000, by Ronald W. McIimcFe, City Mana, who i has produced N~ jttict~nth%2ti9ri'~; ( .', ~~" ',' - " '~ "", ~ W )>..,yC...... _.. _~. :,...~__ .]'~.:-- .4~ ~. ~_ _~ ~ '.- ~ <-o...r - ,,'~ 1> ~ : ~i ~~ ~ ~_ ;~~ _~ -Q) ANDAEALOFlENZO.LUAC~S': \ f;.," ,:: ,,:: !'iO,:..rri\RY PUBLI MveOMMI6SIONICC831831, i ;~';'c""" ,~' ~~.e'4. ~ Ill(PII'IES: May e, 2003 ---, '{'/;;,.",.,.,~:r.~~~~ l_MJeTMW PIli. NotIIyBiMco& BondlngCo. '.' ~.:/~,,0 before me this i ~ day of is not personally known to me, or A TT ACHMENT "A" Sheet 1 See Sketch of Description Included as Attachment" A" , ,. 15' WIDE POWER LINE EASEMENT A tract of land lying in Section 8, Township 21 South, Range 31 East, City of Winter Springs, Seminole County, Florida; being more particularly described as follows: Begin at the Northwest corner of Glen Eagle Unit II, as per plat thereof as recorded in Plat Book 40, Page 18 of the Public Records of Seminole County, Florida and run South 140 49' 12" West along the West line of said plat for a distance of 340.00 feet to a Point of Curvature of a curve concave Easterly and having a radius of 1040.00 feet; thence run Southerly along the arc of said curve through a central angle of 000 55' 25" for a distance of 16.76 feet; thence departing said curve and West line of said plat and run North 78025' 53" West, 112.71 feet; thence run North 730 OT 47" West, 104.89 feet; thence run North 700 14' 58" West, 65.53 feet; thence run North 710 39' 48" West, 47.27 feet; thence run North 80018' 22" West 32.20 feet; thence North 740 15' 45" West, 37.68 feet; thence North 140 49' 12" East, 15.00 feet; thence South 740 15' 45" East, 37.13 feet; thence South 800 18' 22" East, 32.54 feet; thence South 71 039' 48" East, 48.59 feet; thence South 700 14' 58" East, 65.34 feet; thence South 730 07' 47" East, 103.82 feet; thence South 78 0 25' 53" East, 97.72 feet to a point on a curve concave Easterly having a tangent bearing of North 140 40' 44" East and a radius of 1 05 5.00 feet; thence run Northerly along the arc of said curve and along a line being 15 feet West of and parallel to the West line of said plat of Glen Eagle Unit II and through a central angle of 000 08' 28" for a distance of2.60 feet to the Point of Tangency; thence run North 140 49' 12" East, 340.00 feet; thence run South 750 10' 48" East along the Southerly right of way line of Winter Springs Boulevard for a distance of 15.00 feet to the POINT OF BEGINNING. Contains: 0.256 Acres, more or less. Prepared by: This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61 G 17, F.A. C., pursuant to ChaptcTS 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper Illis drawing, sketch, plat or map is for informational urposes only and is not valid. Tinklepaugh Surveying Services, Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 TOO-A31 A TT ACHMENT "A" SKETCH OF DIESCRIPTION -- NOT A SURVEY POINT OF BEGINNING 5' C4NDSCI\Pt ( "'ND PtR p( W",(( t _'_ / 1\ T) I\Stl.1tNT 1 -"::::-:::-- 1 -~ /\ 93 l--~ --!--\ 1 1 1 1 / 94 1 :; 1 1 1 1 1 1 1 -- . 1 R / ------.; 1 95 I 1 I Ie.>' ---",0.'__ - I CJ1 1 1 1 J 96 J 1 I I Tinklepaugh SURVEYING SERVICES, INC. 379 W, Michigan Street, Suite 208 0 Orlando, Florida 32806 Tele. No. (407) 422-0957 Fax No. (407) 422- 6915 4 UCENSED BUSINESS No. 3778 'f ABBREVIATION LISTING O.R.B. PG. P.B. P.C. P.T. P.C.C. P.R.C. TAN. BRG. = OFFICIAL RECORDS BOOK PAGE PLAT BOOK POINT OF CURVATURE POINT OF TANGENCY POINT OF COMPOUND CURVATURE POINT OF REVERSE CURVATURE TANGENT BEARING NORTHWEST CORNER OF GLEN EAGLE UNIT II (P .8. 40. PG. 18) -- TfINl'el? -132..Uf!:.~I~WGS -- SEWAGE TREATMENT PLANT (a.R.E. 1027, PC. 619) f..." !'-of /<;1:0' ~-. ~c:j ~Cl.. 00- ~""t' R:J~' ~~ f:] o -- CURVE RADIUS LENGTH DELTA TANGENT CHORD BEARING Cl 1040.00 16.76 00'55'25" 8.38 S 14'21'30" W C2 1055.00 2.60 00'08'28" 1.30 S 14'44'58" W -- -- --- -- -- --- -- -- RiGi;r __ OF" It.-- 1\ Y liN(-- -- CHORD DISTANCE 16.76 2.60 '- ct ~ cry ,;) "" E ___ (t 3f o a. -- !::' '- i ,;) '- a,J ;::::0. ~O: fl5ff cry a CJ q SAM SMITH PARK / / LINE BEARING LENGTH Li S 14'49'12" W 340.00 L2 N 78'25'53" w 112,71 / L3 N 73"07'47" W 104.89 L4 N 70'14'58" W 65.53 / LS N 71'39'48" W 47.27 L6 N 80'18'22" W 32.20 / L7 N 74'15'45" W 37.68 L8 N 14'49'12" E 15,00 L9 S 74'15'4S" E 37.13 L10 S 80'18'22" E 32.54 L 11 S 71'39' 48" E 48.59 Li2 S 70'14'58" E 65,34 Li3 S 73'07'47" E 103.82 L14 S 78'25'53" E 97,72 liS N 14'49'12" E 340.00 Li6 S 75'10'48" E 15.00 DRAWING No. TOOA31 FILE No. SX-6548 I - I 01 S?I I II