HomeMy WebLinkAbout2012 03 12 Consent 206 Progress Energy Easement Lake Jesup Facility
COMMISSION AGENDA
Informational
Consent
X
ITEM206
Public Hearings
Regular
March 12, 2012KSKL
Regular MeetingCity ManagerDepartment
REQUEST:
Utility Department requesting authorization for the Mayor to execute a Utility
Easement granting Progress Energy the right to install electrical service to the Lake
Jesup Reclaimed Water Augmentation Facility.
SYNOPSIS:
The Lake Jesup Reclaimed Water Augmentation Facility requires the extension of electric
services by Progress Energy via a 10 foot wide utility easement across City property for
approximately 250 feet.
CONSIDERATIONS:
This easement is needed to provide 277/480 three phase power to the Augmentation
Facility. Approximately 1,200 feet will be installed in the platted Orange Avenue right of
way. The last 250 feet involving this easement will be along the western property line to
the point of service. All wiring will be underground. The cost is $21,814.68.
FISCAL IMPACT:
The cost for Progress Energy to extend service is $21,814.68 which was funded from the
project fund.
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
Consent 206 PAGE 1 OF 2 - March 12, 2012
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 that the City Commission authorize the Mayor to execute the
Distribution Easement granting Progress Energy the right to install underground power lines
on City property as described in the easement.
ATTACHMENTS:
1. Progress Energy Easement for Lake Jesup Reclaimed Water Augmentation Facility
Consent 206 PAGE 2 OF 2 - March 12, 2012
reSS Enemy
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and t.
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assigns ( "GRANTOR "), in consideration of the mutual benefits, covenants and conditions herein contained, did grant c�
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
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
facilities being located in the following described `Basement Area" within GRANTOR'S premises in Seminole
County, to wit:
c o o C'1
A 10 foot wide Easement Area defined as comprising the West 10 feet of the following described 5,
property: Z
The East 1/2 of Lot 3, Block C, D R MITCHELLS 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. c�
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Tax Parcel Number: 26- 20- 30- 5AR -0000 -0030
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to a
patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to g•
restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, °y
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 (t) 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 unsafe 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 ten feet (10') on the
opening side and six feet (6') on the back side and three (3') feet on the sides of any pad mounted transformer. If O
GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, t
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 c
(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.
This document prepared by R. Alexander Glenn
Retum to Progress Energy Florida, Inc.
3300 Exchange Place
Lake Maly, Florida 32746 •
1
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.
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.
1
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate nam2 by its
proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this Z Z ^ day of i;
1/Ltc,4_ , 201a_ .
GRANTOR: '''
City of Winter Springs
ATT 3 : Name o �.rpo •; io:, o , ,
■ L - Mayor Cha a ac
Printed or Type Name Printed or Type e
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SIGNED, SEALED AND DELIVERED
THE PRESENC OF: Grantor(s) mailing address: i
i t En '..di e■ �� City of Winter Springs
gnature of First Wi. ess 1126 East State Road 434
.) Winter
Springs, Florida 32708
Print or Type Name of 'rst fitness
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Signature of Seco Witness
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Print or Type Nafne of Second Witness
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State of 1 CE: )
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County of c 11.Sa ) 1
The foregoing Easement was acknowledged before me this Z 7 day �i , 201 ,� , by
da of Cx / f '
, t L1. A +. +- and ey r t LL o , its Mayor and its Secretary, respectively of
L2 J 1 .44A/19r4 , a .� (state) Corporation, on 1
behalf of the Corporation who are personally known to me or who have produced as identification
and who did/did not take an oath.
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"CORPORATES AL. _. NOTARY SEAL /
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Notary Public Stets of Florida etary Public
• Joan L Brown
ial Number:
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