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HomeMy WebLinkAbout2016 03 14 Consent 303 Duke Energy Easement for Central Winds ParkCOMMISSION AGENDA ITEM 303 Informational Consent X Public Hearings Regular March 14, 2016 KL KL Regular Meeting City Manager Department REQUEST: The Public Works Department requesting City Commission authorization for the Mayor to execute an Easement for Duke Energy's installation of underground facilities at Central Winds Park. SYNOPSIS: The Central Winds Park Roadway Improvements Project is scheduled to start construction in April 2016. Duke Energy will be burying existing overhead power lines in conjunction with the roadway project. An easement is required along the utility corridor where the overhead lines will be buried. CONSIDERATIONS: . The Central Winds Park Roadway Improvements project has been advertised for bidding and is expected to start construction in April 2016. The project includes extensions of Central Winds Parkway and Orange Avenue within Central Winds Park. . Duke Energy has existing overhead power lines along the Central Winds Parkway alignment. The overhead power lines will be buried in conjunction with the roadway project in order to avoid conflicts and to provide an aesthetic enhancement in Central Winds Park. Please refer to Exhibit A showing the limits of the existing overhead power lines that will be buried. . Duke Energy's records indicate that no easement exists for the existing overhead power lines in Central Winds Park. This agenda item establishes an easement in Consent 303 PAGE 1 OF 2 - March 14, 2016 favor of Duke Energy establishing their right to install, operate, and maintain electrical and communication facilities within a 10 -foot wide easement. The easement document is enclosed as Exhibit B. . Duke Energy will record the easement after construction of the underground facilities based on a surveyed sketch and legal description of the easement area. FISCAL IMPACT: There is no cost to the City for the proposed easement. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been 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. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize the Mayor to execute an Easement for Duke Energy's installation of underground facilities at Central Winds Park, and authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents required to have the easement recorded by Duke Energy. ATTACHMENTS: 1. Exhibit A - Central Winds Park Map 2. Exhibit B - Easement Consent 303 PAGE 2 OF 2 - March 14, 2016 BEGIN CONST. ORANGE AVE. STA. 200 +04.97 / s B.M. �f4j M CROSS SEMINOLE TRAIL tSt(iIN I:VNJ TA. 101 +04.58 Revision 0 Ff- ORANGE AVE \ p2 M S;77. • 203 N a 2s 34 mil• e e o RgNGFgVF • yo � ti N I �5 CURVE N0. 5 X31 0 N d2 CENTRAL WINDS PKWY. STA. 108+ Existing Overhead STA. 201 + Lines to be 3, Undergrounded pG, 103 +5430 \ / WINDS PKWY -- a : s. �I B.M. ps ! T, ()1+14.34 Cl, 0 +'1211 10 GG KICKS AVE. I.GIN I RAL VVIINIJJ rl\VV T CENTRAL WINDS PKWY. Revision EXHIBIT A CURVE N0. 6 20j CURVE N0. 7 o ~•�• 2p8 1,0 R�9^rGFgVF •�•� 1.0 v •� , N 1 WINTER SPRINGS CITY SPORTS 1000 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA GRAPHIC SCALE 75 0 75 150 ( IN FEET ) N V— all ♦ - S►• S;'7 0`g 2 AF -CURE N0. 8 Alm \ Ff- ORANGE AVE 4• • �� % rN (p -o CROSS S--4fl *04.1- T Rq14 A Fuii Service A & E Firm OTrces In: •Florida Drawn by: CJT Scale: AS NOTED Architects Nl l E I P Checked b: MCC •Puerto Rico Engineers Planners •Connecticut y Environmental Surveyors .Maryland Approved by: KRL .andscape Architects TrafficRransportation .Texas Job No. I W04165.1 ©2015 0 CENTRAL WINDS PARK CPH, Inc. 566 West Fulton St. S-n el, Fl, 32]]1 ROADWAY IMPROVEMENTS Phone: 467.322.6841 Licenses: WINTER SPRINGS, FLORIDA Eng.C.OA.NO.3215 Arch.Li..NO.AA2666926 KURTRLUMAN,JR,PE. Survey L.B. No. 7143 L-d-p. Lw. No. LC0000298 FL P . N. 65036 B.M. /1 ORgRQ,'4VE END CONST. — ORANGE AVE. STA. 217 +60.27 (CL ORANGE AVE. I Sheet No. Project Layout 10 aL AFL CENTRAL WINDS PKI /—CURVE N0. PG CROSS SEMINOLE TRAIL tSt(iIN I:VNJ TA. 101 +04.58 Revision 0 Ff- ORANGE AVE \ p2 M S;77. • 203 N a 2s 34 mil• e e o RgNGFgVF • yo � ti N I �5 CURVE N0. 5 X31 0 N d2 CENTRAL WINDS PKWY. STA. 108+ Existing Overhead STA. 201 + Lines to be 3, Undergrounded pG, 103 +5430 \ / WINDS PKWY -- a : s. �I B.M. ps ! T, ()1+14.34 Cl, 0 +'1211 10 GG KICKS AVE. I.GIN I RAL VVIINIJJ rl\VV T CENTRAL WINDS PKWY. Revision EXHIBIT A CURVE N0. 6 20j CURVE N0. 7 o ~•�• 2p8 1,0 R�9^rGFgVF •�•� 1.0 v •� , N 1 WINTER SPRINGS CITY SPORTS 1000 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA GRAPHIC SCALE 75 0 75 150 ( IN FEET ) N V— all ♦ - S►• S;'7 0`g 2 AF -CURE N0. 8 Alm \ Ff- ORANGE AVE 4• • �� % rN (p -o CROSS S--4fl *04.1- T Rq14 A Fuii Service A & E Firm OTrces In: •Florida Drawn by: CJT Scale: AS NOTED Architects Nl l E I P Checked b: MCC •Puerto Rico Engineers Planners •Connecticut y Environmental Surveyors .Maryland Approved by: KRL .andscape Architects TrafficRransportation .Texas Job No. I W04165.1 ©2015 0 CENTRAL WINDS PARK CPH, Inc. 566 West Fulton St. S-n el, Fl, 32]]1 ROADWAY IMPROVEMENTS Phone: 467.322.6841 Licenses: WINTER SPRINGS, FLORIDA Eng.C.OA.NO.3215 Arch.Li..NO.AA2666926 KURTRLUMAN,JR,PE. Survey L.B. No. 7143 L-d-p. Lw. No. LC0000298 FL P . N. 65036 B.M. /1 ORgRQ,'4VE END CONST. — ORANGE AVE. STA. 217 +60.27 (CL ORANGE AVE. I Sheet No. Project Layout 10 Seminole County, Florida Work Request #: 1113390 Address: Hicks Avenue & 1115 Orange Avenue Winter Springs, FL 32708 STR: 26- 20S -30E EXHIBIT B EASEMENT THIS EASEMENT ( "Easement ") is made this day of , 2016 ( "Effective Date "), from CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ( "GRANTOR," whether one or more) to DUKE ENERGY FLORIDA, LLC, a Florida Limited Liability Company d /b /a DUKE ENERGY, Post Office Box 14042, St. Petersburg, Florida 33733, and its successors, lessees, licensees, transferees, permittees, apportionees, and assigns ( "GRANTEE "); WITNESSETH: THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto GRANTEE, the perpetual right, privilege, and easement to install, operate and maintain in perpetuity, such Facilities as may be necessary or desirable for providing electric energy and for communication purposes over, under, upon, across, through and within the following described lands in Seminole County, Florida, and referred to hereinafter as the Easement Area 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, under, across and through the following described property to accommodate present and future development: Lots 1 & 2, Block "D ", of MITCHELL'S SURVEY OF LEVY GRANT OF LAKE JESSUP, according to the map or plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, and the West 1/2 of vacated street lying South of Orange Avenue and North of railroad Right of Way, lying East of Lot 1, Block "D ". AND Lots 11, 12, & 13, Block `B" of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida and the East 1/2 of vacated street adjacent on the Prepared by: Bruce Crawford, Esquire Return to: Duke Energy Crawford & Owen, P.A. Ann: Land Services 780 Carillon Parkway Suite 301 3300 Exchange Place, NP4A Saint Petersburg, Florida 33716 Lake Mary, Florida 32746 West and the South 1/2 of vacated street adjacent on the North of Lot 11, Block `B ", of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT. Tax Parcel Number: 26- 20- 30- 5AR -OD00 -0010 & 26- 20- 30- 5AR -OB00 -0110 This easement will be replaced with a Descriptive Easement, five (5) feet on either side of all facilities installed by GRANTEE, as will be shown on a certified surveyed sketch of description to be provided by GRANTOR within sixty (60) days after the installation of facilities by GRANTEE. If the sketch of description is not provided by GRANTOR within sixty (60) days after completion of installation, GRANTEE will record this easement. The rights herein granted to GRANTEE by GRANTOR specifically include the right: (a) for GRANTEE to patrol, inspect, alter, improve, add to, repair, rebuild, relocate, and remove said facilities; (b) for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) ingress and egress over the Easement Area and over portions of GRANTOR's adjoining property for the purpose of exercising the rights herein granted; (d) to trim, cut or remove from the Easement Area, at any time, trees, limbs, undergrowth, structures or other obstructions; (e) to trim, cut or remove and to keep trimmed or remove dead, diseased, weak or leaning trees or limbs outside of the Easement Area which, in the opinion of GRANTEE, might interfere with or fall upon the Facilities; (f) to allow third parties to attach equipment to the Facilities including but not limited to wires, cables and other apparatus; (g) and all other rights and privileges reasonably necessary or convenient for GRANTEE's safe, reliable and efficient installation, operation, and maintenance of the Facilities and for the enjoyment and use of the Easement for the purposes described herein. Failure to exercise the rights herein granted to GRANTEE shall not constitute a waiver or abandonment. GRANTOR shall have the right to use the Easement Area in any manner that is consistent with the rights granted to GRANTEE herein; provided however, without the prior written consent of GRANTEE, GRANTOR shall not (a) place, or permit the placement of, any obstructions within the Easement Area including but not limited to, any building, house, or other above - ground or underground structure, or portion thereof, If obstructions are installed adjacent to the Easement Area, 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 equipment; (b) excavate or place, or permit the excavation or placement of any dirt or other material upon or below the Easement Area; or (c) cause, by excavation or placement of material, either on or off the Easement Area, a pond, lake, or similar containment vehicle that would result in the retention of water in any manner within the Easement Area. GRANTEE shall have the right to remove any such obstruction(s) at GRANTOR's expense. Excluding removal of vegetation and obstructions as provided herein, any physical damage to the surface of the Easement Area and /or GRANTOR's adjoining property caused by GRANTEE or its contractors shall be repaired to a condition reasonably close to the previous condition. The rights and easement herein granted are Prepared by: Bruce Crawford, Esquire Return to: Duke Energy Crawford & Owen, P.A. Ann: Land Services 780 Carillon Parkway Suite 301 3300 Exchange Place, NP4A Saint Petersburg, Florida 33716 Lake Mary, Florida 32746 exclusive as to entities engaged in the provision of electric energy 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 conflict with the rights granted to GRANTEE herein. 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. 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. Prepared by: Bruce Crawford, Esquire Return to: Duke Energy Crawford & Owen, P.A. Ann: Land Services 780 Carillon Parkway Suite 301 3300 Exchange Place, NP4A Saint Petersburg, Florida 33716 Lake Mary, Florida 32746 IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed by its proper officers thereunto duly authorized and attested this day of 2016, and is effective as of the Effective Date herein. GRANTOR: CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ATTEST: Name of Municipality City Clerk Mayor Print or Type Name Print or Type Name SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s) mailing address: 1126 E. State Road 434 Signature of First Witness Winter Springs, Florida 32708 Print or Type Name of First Witness Signature of Second Witness Print or Type Name of Second Witness State of ss County of The foregoing Easement was acknowledged before me this day of 2016, by_ and , its Mayor and its City Clerk, respectively of CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, who is /are personally known to me or who has/have produced as identification. NOTARY SEAL Prepared by: Bruce Crawford, Esquire Crawford & Owen, P.A. 780 Carillon Parkway Suite 301 Saint Petersburg, Florida 33716 Name: Notary Public Serial Number: My Commission Expires: Return to: Duke Energy Ann: Land Services 3300 Exchange Place, NP4A Lake Mary, Florida 32746