HomeMy WebLinkAbout2001 11 12 Consent H Soccer Field Lighting
COMMISSION AGENDA
CONSENT
x
INFORMATIONAL
ITEM H
PUBLIC HEARING
REGULAR
11/12/01
Meeting
MGR.
Authorization
/DEPT ~ G?
REQUEST: The Parks and Recreation Department is recommending the City Commission to
authorize the City Manager to grant a Utility Easement to Florida Power Corporation
through Central Winds Park and approve the cost of$ 33,716.43 to provide 3 phase
underground service for Soccer Field lighting.
PURPOSE: The purpose of this agenda item is for the City Commission to authorize the City
Manager to grant a 15' Utility Easement through Central Winds Park to Florida
Power Corporation and approve the cost of $ 33,911.43 to provide 3 phase
underground service for Soccer Field lighting.
CONSIDERATIONS:
· This agenda item is needed to provide Florida Power Corporation a 15' Utility Easement through
Central Winds Park for Soccer Field lighting.
. Florida Power Corporation provided a cost of $ 33,911.43 for the installation of 3 phase
underground service for Soccer Field lighting. The proposed easement is currently being
completed and subject to the review of the City Attorney. Attached a letter from Florida Power
Corporation, Utility Easement and Agreement, and Easement Sketch.
FUNDING:
$ 33,911.43 from FRDAP Grant Project Line Code 7231-56310.
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RECOMMENDATION:
It is recommended that the City Commission authorize the City Manager to execute a 15' Utility
Easement through Central Winds Park to Florida Power Corporation and approve the expenditure
of$ 33,911.43 for the installation of the 3 phase underground service for Soccer Field lighting.
IMPLEMENTATION SCHEDULE:
Upon final review of the City Attorney, the Utility Easement will be conveyed to Florida Power
Corporation for recordation.
ATTACHMENTS:
Attachment # 1
Attachment #2
Letter from Florida Power Corporation.
Utility Easement and Agreement, and Easement Sketch.
COMMISSION ACTION:
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ATTACHMENT If 1
~ Florida Power
.\ Progress Energy luUlOOr1'1
October 31, 2001
Mr. Donald James
City of Winter Springs
Parks & Recreation Department
1126 East State Road 434
Winter Springs, FI. 32708
Dear Don:
RE: Central Wind Park (Soccer Fields)
Reference to our telephone discussion regarding the above-mentioned project.
Florida Power Corporation will provide three-phase underground 277/480 Volts
system to service the concession area and soccer fields at Central Wind Park.
Florida Power will install an underground loop system, including two-directional
bores under your access road, 4-inch conduits, with underground pulling/splicing
boxes at various points along the route. The estimated cost for this design is
$33,911.43. An easement will be required before the facilities can be installed.
In providing this letter, I will wait to hear from you for the notice to proceed,
before I initiate the engineering of a work order, and have our billing issued to
you. A copy of the plat showing a legal description of the site, the name(s) of
property owner(s), and address will also be required.
If this meets with your approval, please get back with me in order to proceed.
Please give me a call at (407) 359-4420 regarding any questions~
Yours sincerely,
~d!~
Beatrice L. Mays
Service Coordinator
2801 West State Road 426
Oviedo, Fl 32765
A TT ACHMENT NO. 2
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 AND AGREEMENT
THIS UTILITY EASEMENT is made this day of , 2001, by the
CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation (Grantor), 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 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 electric
energy and service to customers desiring such energy and service; and
WHEREAS, 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 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 hereby
acknowledged, the parties provide 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, subject to any previously duly recorded easements or grants of
record, a perpetual fifteen (15) foot utility easement over, under, and across the real property,
generally described as Tax Parcel Number and said Easement
Property being more particularly and legally described on Exhibit I ", which is attached hereto
and fully incorporated herein by this reference, of the nature and character and to the extent
hereinafter set forth (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
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by Grantee to use said facilities, to provide electric energy and service to customers desiring
such energy and service. 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. Riahts of Grantee. To accomplish the purposes 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 of facilities; (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 trim or 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 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 Easement Property 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 location on Grantor's
property, 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, a,nd (bT 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 terminated as to the portion vacated by such relocation and the parties agree to
execute and record in the public records an appropriate legal document to effectuate the
termination of this Easement.
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
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expenses, through all appellate proceedings.
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.
whomever.
10. No Representations and Warranties. Grantor makes no express or implied
representations or warranties under this Easement.
11. Grantee's Due Diliaence. 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 Aareement. 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. Sovereian Immunitv. 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.
...
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 Dutv 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), directly or indirectly arising from, out
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of, or caused by Grantee's, its officers, employees, agent's, or contractor's, negligent or
intentional acts, errors, omissions in the construction, operation, use and maintenance of
Grantee'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.
WITNESSES:
CITY OF WINTER SPRINGS (Grantor):
Print Name:
By: Ronald W. McLemore, City Manager
Print Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and S\NOrn to before me this day
of , 2001, by Ronald W. McLemore, City Manager who is/is not personally
known to me, or has produced as identification.
NOTARY PUBLIC
WITNESSES:
(Grantee):
FLORIDA POWER CORPORATION
..,
Print Name:
By:
-
Print NamelTitle
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged and sworn to before me this
of ,2000, by
not personally known to me, or has produced
day
who is/is
as identification.
NOTARY PUBLIC
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EASEMENT SKETCH
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