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HomeMy WebLinkAboutProgress Energy Distribution Easement - 2012 08 13 . 3 4 h,12 Progress Energy SEC: 26 _- 1 TWP: 20 1 RGE: 30 ( COUNTY:Seminole 1 PROJECT: Jr-12-195265 GRANTOR: City of Winter Springs SITE ADDRESS: Central Winds Park,Orange Avenue,Winter Springs TAX PARCEL NUMBER:26-20-30-5AR-0800-0140 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 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 maintain in 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 facilities being located in the following described "Easement Area" within GRANTOR'S premises in XXXX County,to wit: 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 future development: Lot 14. Block 13, 1).R MITCIII•.I.I.'S StIRVI.Y OI WI-. [IVY (IRAN I ON I.AKI- .JIFSSL'I'. according to the plat thereof as recorded in Plat Book I. Page 5. of the Public Records of Seminole County. Florida. 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 casement 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. This document prepared by R.Akaander Glenn Return to:Progreca Energy Florida,Inc 3300 Exchange Place Lake Mary,Florida 32746 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 opening side,six(6)feet on the back for working space and three(3)feet on all other 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 agreed 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 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. 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. CIT9I L J -ptg ��L U© -�� LJ LAE1 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„tts proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this 1-7—day of �,,...i ,2012. GRANTOR: City of Winter Springs y; WI ESSES• Name of; ' : SZ- w t 41.011►' i-.,d; :o a ./ Charles Lacey, Mayor Print or Type Name SIGNED,SEALED AND DELIVERED IN T E PR'.ENCE OF: Grantor(s)mailing address: .4% ature of First Witness fi 1126 East State Road 434 �` ��`1 -'�,'1e�• 3 Winter Springs,FL 32708 Print or Type Name of First Witness Signature of Second Witness Print or Type Name of Second Witness State of <��` �•�4- ) ss County of ) The foregoing Easement was acknowledged before me this _ day of ,20 The Mayor of the City of Winter/Springs, a State of Florida Municipality Corporation,on behalf of the Corporation who is/are ally known to me or who has/have produced _as yden-i f iication. CORPORATE SEAL S 'Y L f► • 41/.t'S No tary public State of Fbrida ame: Andrea Lorenzo-Luaces otary Public My Obmmts on EE087574 .erial Number: cow @ii(SlfA$69109/2019 y Commission Expires: