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HomeMy WebLinkAbout2010 12 13 Consent 202 Progess Energy Utility Easement Oak Forest Pumping And Storage Facility COMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 202 PUBLIC HEARING REGULAR December 13. 2010 MGR /DEPT / Meeting Authorization REQUEST: Utility Department requesting authorization for the Mayor to execute a Utility Easement granting Progress Energy the right to install service to the Oak Forest Pumping and Storage Facility. SYNOPSIS: The Oak Forest Pumping and Storage Facility needs power service. The proposed route for the 3 phase underground power is a 10' easement through the Oak Forest spray fields. CONSIDERATIONS: This easement is needed to provide 277/480 three phase power to the Oak Forest Pumping and Storage Facility. The cost to extend this underground service approximately 2,400 feet is $19,613.76. A location map depicting the proposed route is attached. FISCAL IMPACT: The cost for Progress Energy to extend power to this facility is $19,613.76. Sufficient funds are budgeted in the Utility Enterprise Fund 3600 -62100 for this expense. Expenditure of the funds would occur within 30 days. COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and 121310_COM M_ Consent _202_Progress_Energy_Easement Consent Agenda Item 202 December 13, 2010 Page 2 the City's Server. Additionally, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas/Agenda Item information. all Homeowner's Associations on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. RECOMMENDATION: Staff recommends that the City Commission authorize the Mayor to execute the Distribution Easement granting Progress Energy the right to install underground power lines through the Oak Forest spray fields for service to the Oak Forest Pumping and Storage facility. ATTACHMENTS: 1. Location Map 2. Distribution Easement 12131 O_COMM_ Consent _202_Progress_Energy_Easement 0 ip ii i it , , I , ., i i i j ",j ph . .. . . ,,„,.-1 pf , • I i l k . all so t iir air ... .., ht e II .. 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P Oa 4 W. .1 ' , • I I 4 � 4 PrNreSS EnergY DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and rti assigns ( "GRANTOR"), in consideration of the namtal benefits, covenants and conditions herein contained, did 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, c lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in U perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said c ro facilities being located in the following described "Easement Area" within GRANTOR'S premises in Seminole County, rn to wit: CA n A 10 foot wide Easement Area defined as lying 5 feet on each side of GRANTEE's facilities to be installed at mnnally agreeable locations over, across and through the following described property to accommodate present and future o z development - C See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this reference. f1 c s O 5' Tax Parcel Number: 26- 20- 30- 5AR -0D00 -1100 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, g. 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 lmcafe 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 six feet (6') on the 7 X opening side and three (3) feet 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 a 2 receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in s„ GRANTOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE a 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. Ttis document premed by R Meunier Glem Rmaa v Pmges &MY Florid&, Inc. Papaya Lane Winos Springs 3300 Eutaw Phor Lak May. Florid& 32746 S Progress Ellergif PROGRESS ENERGY - FLORIDA POWER DISTRIBUTION EASEMENT SECTION 26 - TOWNSHIP 20 SOUTH - RANGE 30 EAST COUNTY: Seminole TAX PARCEL: 26- 20- 30- 5AR -OD00 -1100 PROJECT: JT -10- 346 -9794 EXHIBIT "A" LEGAL DESCRIPTION: From the intersection of the South line of the MOSES E. LEVY GRANT, with the West line of GARDENA FARMS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Pages 23 and 24, of the Public Records of Seminole County, Florida, run North 04° 57' 42" East along said West line, a distance of 3740.29 feet to the POINT OF BEGINNING on the Northerly line of a Florida Power Corporation Easement (100 foot Right of Way); thence continue North 04° 57' 42" East, a distance of 2237.27 feet; thence run South 83° 44' 02" West, a distance of 1327.88 feet; thence run South 05° 01' 36" West, a distance of 665.88 feet; thence run South 83° 44' 53" West, a distance of 666.11 feet: thence run South 04° 57' 30" West, a distance of 472.57 feet to a point on the aforementioned Northerly line of a Florida Power Corporation Easement thence run South 65° 04' 35 "East along said Northerly line, a distance of 2081.65 feet to the POINT OF BEGINNING, and subject to a 110 foot Florida Power & Light Company Easement. LESS AND EXCEPT A portion of Lots 110 and 118, Block "D ", D.R. MITCHELLS SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, described as follows: From the intersection of the South line of said MOSES E. LEVY GRANT with the West line of GARDENA FARMS SUBDIVISION, as recorded in Plat Book 6, Pages 23 and 24, of the Public Records of Seminole County, Florida , run North 04° 57' 42" East along said West line, a distance of 3740.29 feet to a point on the Northerly line of a Florida Power Corporation Easement (100 foot Right of Way) as recorded in Deed Book 193, Page 289, of the Public Records of Seminole County, Florida: thence run North 65° 04' 35" West along said North line, a distance of 1154.35 feet to the POINT OF BEGINNING, said point also being the Northeast corner of Parcel "B" Remainder of the unrecorded Plat of "AMENDED PLAN OF DUNMAR ESTATES"; thence continue North 65° 04' 35" West along the Northerly line of said Parcel "B" Remainder, and along said Northerly easement line, a distance of 606.99 feet East; thence leaving said Northerly lines, run North 26° 58' 24" East, a distance of 209.24 feet; thence run North 43° 56' 15" East, a distance of 234.52 feet; thence rim South 84° 46' 45" East, a distance of 176.30 feet; thence run South 57° 14' 25" East, a distance of 155.67 feet thence run South 05° 20' 39" West, a distance of 385.19 feet; thence run South 09° 53' 54" East, a distance of 129.28 feet to the POINT OF BEGINNING. GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises, and GRANTOR further covenants to indenmify 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 indenmify 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 chap 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 hereunto affixed its hands and sealed this day of , 201 . WITNESSES: GRANTOR(S): City of Winter Springs Signature of First With Name of Corporation Print or Type Name of Fiat Witness Signature of Mayor Signature of Second Witness Print of Type Name Print or Type Name of Second Witness Grantor(s) mailing address: 1126 East State Road 434 Winter Springs, FL 32708 State of ) ss County of The foregoing Easement was acknowledged before me this day of , 201___, by The Mayor of the City of Winter Springs , a (state) _Florida Municipality Corporation , on behalf of the Corporation who is/are personally known to me or who haVhave produced as identification and who did/did not take an oath. NOTARY SEAL. Name: Notary Public Serial Number My Commission Expires: � - � lf �� � � � DISTRIBUTION EASEMENT K�10VV AI.L NZE:� BY THESE PRESEITS, that the undersigned, their heirs, successors, lessees and � � � assigns ('`GRAnTOR"), in consideration of the mutual benefits, covenants and condirions herein contained, did grant r; and convey to FLORIDA PO���R CORPORATION doing business as PROGRESS ENERGY FLORIDA, ItiC., a i Florida corporarion ("GR.�NTEE"), Post Office Box 140�2, St. Petersburg, Florida 33733, and to its successors, o -= lessees, licensees, transferees, pernuttees, apportionees, and assigns, an easement to install, operate and maintain in �' ,.�� � perpetuity, such faciliries as may be necessary or desirable for providing elec�ic energy and service and communicarion � systems, whether to or on behalf of telecommunicarion providers or other customers by GRA.\TEE or others, said o � faciliries being located in the follow�ing described "Easement Area" within GRANTOR'S premises in Seminole County, � -` to w�it: � � � ,: A 10 foot wide Easement Area defined as lying 5 feet on each side of GRANTEE's faciliries to be installed at 3 � mutually agreeable locarions o��er, across and through the following described property to accommodate present and future o z de��elopment: " '� See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this reference. �? n � x a ti Z ` � � � Tag P�rcel l�umber: 26-20-30-��R-OD00-1100 � � � The rights herein granted to GIZA�ATEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, �� inspa:t, alter, imprav�, repair, reuuild, relocate, and remove said faciliries; further GRA:vTEE hereby agrees to restore � the F_asement Area to as near �.s pracricable the condirion which eacisted prior to such construction, repairs, alterarion, rep�acement, relocation �r removal as a result of GRA:�TEE's safe and efficient installarion, operarion or maintenance of said facili!ies;_(b) th° reaso:iable right for GRA.NTEE to increase or decrease the voltage and to change the quanriry and ri��pe of faciliries; (c) the :easonable right for GR�'�TEE to clear the Easement Area of trees, limbs, undergrow�th and ot5er physical objects which, in the opinion of GR�'VTEE, endanger or interfere �ith the safe and efficient installarion, �peration er maintenance of said facilities; (d) the reasonable right for GRA.\TEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GR�NTEE, endangers or interferes ��th the safe and efficient installarion, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GR�tiTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and ( fl all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installarion, 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 ser��ice and GRANTOR resen�es the right to grant righu to others affecting said easement area pro��ided that such rights do not create an unsafe condirion or unreasonably conflict v��ith 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 w-ithin the Easement Area. If the fences are installed, they shall be placed so ` b as to allow ready access to GRA.�TEE's faciliries and provide a working space of not less than six feet (6') on the '� � opening side and three (3) feet on the other three sides of any pad mounted transformer. If GR�'�1TOR's future orderly Q m developmen2 of the premises is in ph}-sical co:iflict ��� G�1TEE's facilities. GR�'\TEE shal?, v�ithin 60 �?zys after c �_^�-. receipt of written request from GRANNTOR, relocate said facilities to another mutually agreed upon Easement Area in � GRAi`TOR's premises, pro��ided that prior to the relocation of said faciliries (a) GRAiVTOR shall pay to GRA.ITEE � the full expected cost of the relocarion as estimated by GR�'�TEE, and (b) GRANTOR shall execute and deliver to GRA.'VTEE, at no cost, an acceptable and recordable easement to cover the relocated faciliries. Lpon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocarion. This legal description �y�as provided by GRAI�TTOR. In the event facilities are located outside of this legal description, GRA.'VTOR shall pay for any relocarion costs necessary or shall amend this legal description to cover the actual faciliries. T6is doc�mient prepared by R Alexander Glemi Renun w: Progress Fnergy Florida, I�. Papa}a lane ��'inter Springs 3300 F�cctiange Place ' Lake?vfarv,Fbrida 32746 x. . GRA.tiTOR covenants not to interfere wzth GRA.tiTEE's faciliries w the Easement Area in GRA.'�TOR's premises, and GRA.\TOR further covenants to indemnify and hold GRAi�ITEE harmless from any and all damages and injuries, w-hether to persons or property, resulting from interference wzth GRANTEE's faciliries by GRA.tiTOR or by GRP�VTOR' s agents or employees. GR�tiTEE agrees to indemnify and hold GRAn'TOR harmless for, from and against any and all losses, claims or damages incurred by GR?��'T'OR arising directly from GR�VTEE's negligence or failure to exercise reasonable care in the construction, recons�ucrion, operation or maintenance of GRAI�TTEE's faciliries located on the above descnbed easement. GR�'� TOR hereby warrants and covenants (a) that GRA.1 TOR is the owner of the fee simple title to the premises in «hich the abo��e descnbed Easement Area is located, (b) tt�at GR�1 TOR has full right and law�ful authority to grant and convey this easement to G�'�1TEE, and (c) that GRAi�1TEE 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 respecri��e parties hereto. Il� RTTI�`ESS RT�REOF, the said GRANTOR has hereunto affixed its hands and sealed this 13th � of i December .201 ' V4'IT��SSES: GRANTOR(S): City of Winter Springs Signa ofF'vst Wifiess Name of Coi rnarion � A(� y?Yl Q-s�� . Print � ype N o irst Wimess Signatu of ?vtayor -, i ��: �, � s �� �— ond Witness Print of T�Name / I i Andrea Lorenzo-Luaces Print or Type Name of Secand Witness Grantor(s) mailing address: 1126 East State Road 434 , Winter Springs, FL 32708 ' �'���- '''� State of �I�- ) ) ss Counry o� ) The foregoing Easement was aclaiowledged before me this l� '°- day of ^ y��� ��201 J, by G�k�-�-�j �. ,�� The Mavor of the Citv of Winter Sprin� , a(state) Florida 'Vlunicipality Corporarion , on behalf i - --�_ of the Corporation who is/are �eisonally laiown __ i��me or who has/have produced as identification and who did,-'did not take an oath. — �.• • ^� _ _ . -.. _ _ = � : _ =,.. i _.� � ;.���'aa .� � .�c-_,;�:x� � ° hSy Cemm ss�cn Du6`,r�"3,i4 � VOTARY SEAL �' . -� � . . -- Notary Public Serial Number: My Commission E�ires: . ,� y �� �� Rrogr�ss EnergY PROGRESS EI�ERGY - FLORIDA POWER DISTRIBL'TION EASEMENT SECTIOI� 26 - TOV�i�'SHIP 20 SOUTH - R�tiGE 30 EAST COUNTY: Seminole TAX PARCEL: 26-20-30-SAR-OD00-1100 PROJECT: JT-10-346-9794 EXHIBIT "�" LEG_AL DESCRIPTI0:�1: From the intersection of the South line of the MOSES E. LEVY GRANT, with the West line of GARDENA FARMS SUBDNISION, according to the Plat thereof, as recorded in Plat Book 6, Pages 23 and 24, of the Public Records of Seminole County, Florida, run North 04° 57' 42" East along said West line, a distance of 3740.29 feet to the POINT OF BEGINNING on the Northerly line of a Florida Power Corporation Easement (100 foot Right of Way); thence continue North 04° 57' 42" East, a distance of 2237.27 feet; thence run South 83° 44' 02" West, a distance of 1327.88 feet; thence run South OS° O1' 36" West, a distance of 665.88 feet; thence run South 83° 44' S3" West, a distance of 666.11 feet: thence run South 04° 57' 30" West, a distance of 472.57 feet to a point on the aforementioned Northerly line of a Florida Power Corporarion Easement; thence run South 65° 04' 35"East along said Northerly line, a distance of 2081.65 feet to the POL?�1T OF BEGINNING, and subject to a 110 foot Florida Power & Light Company Easement. j LESS AND EXCEPT A portion of Lots 110 and 118, Block "D", D.R. MITCHELLS SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, described as follows: � From the intersection of the South line of said MOSES E. LEVY GRANT with the West line of GARDENA FARMS SUBDNISION, as recorded in Plat Book 6, Pages 23 and 24, of the Public Records of Seminole County, Florida , run North 04° 57' 42" East along said West line, a I distance of 3740.29 feet to a point on the Northerly line of a Florida Power Corporarion Easement (100 foot Right of Way ) as recorded in Deed Book 193, Page 289, of the Public Records of Seminole County, Florida: thence run I��orth 65° 04' 35" West along said North line, a distance of 1154.35 feet to the POINT OF BEGINNING, said point also being the Northeast corner of Parcel "B" Remainder of the unrecorded Plat of "AMENDED PLAN OF DUNMAR ESTATES"; thence continue North 65° 04' 35" West along the Northerly line of said Parcel "B" Remainder, and along said Northerly easement line, a distance of 606.99 feet East; thence leaving said Northerly lines, run North 26° 58' 24" East, a distance of 209.24 feet; thence run North 43° 56' 15" East, a distance of 234.52 feet; thence run South 84° 46' 45" East, a distance of 17630 feet: thence run South 57° 14' 25" East, a distance of 155.67 feet; thence run South OS° 20' 39" «'e:t. a distance of 385.19 feet: thence run South 09° ��' �-3" East. a distance of 1?9?� feet to the POII�T OF BEGN?�NG.