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HomeMy WebLinkAbout2012 08 13 Consent 200 Progress Energy EasementCOMMISSION AGENDA ITEM 200 August 13, 2012 Regular Meeting Informational Consent X Public Hearings Regular KS KL City Manager Department REQUEST: Public Works Department requesting authorization for the Mayor to execute a Distribution Easement granting Progress Energy the right to install a switchgear box on City property in Central Winds Park adjacent to Orange Avenue. SYNOPSIS: Progress Energy is in the process of burying the overhead power lines on Orange Avenue along the Jesup's Landing frontage. The proposed l0 -foot by l0 -foot Distribution Easement allows a Progress Energy switchgear box to be located on the City property in Central Winds Park adjacent to Orange Avenue, where it will not obstruct the public sidewalk or driver sight lines. CONSIDERATIONS: Mattamy Homes is developing the Jesup's Landing townhome project along the south side of Orange Avenue in the Town Center. The Developer's Agreement requires the existing overhead power lines along the development's Orange Avenue frontage to be buried. Progress Energy is in the process of completing the undergrounding of the overhead lines. Burying the overhead power lines requires the installation of switchgear boxes. At the western end of the Jesup's Landing Orange Avenue frontage, there is inadequate right -of- way in Orange Avenue to install a switchgear box such that it will not block the public sidewalk or the sight lines for drivers coming out of Jesup's Landing. The proposed l0 -foot by l0 -foot Distribution Easement allows the switchgear box to be located on the City property in Central Winds Park, immediately adjacent to Orange Consent 200 PAGE 1 OF 2 - August 13, 2012 Avenue. This portion of Central Winds Park is used for stormwater retention, and the switchgear box will not interfere with any park facilities or activities. FISCAL IMPACT: There is no cost to the City for the proposed Distribution 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 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 Distribution Easement at Central Winds Park (3 pages) Consent 200 PAGE 2 OF 2 - August 13, 2012 Pr ( Energy SEC: 26 - TWP: 20 RCE: 30 COUNTY: Seminole GRANTOR: Ci of Winter S rin s SITE ADDRESS: Central Winds Park, Orange Avenue, Winter Springs TAX PARCEL NUMBER: 26-20-30-5AR-0B00-0140 PROJECT: JT42-195265 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, D.A. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof as recorded in Plat Book 1. Page 5. of the Public Records of Seminole County. Florida. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for G NTEE 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 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. This document prepared by R. Alexander Glenn Return to: Progress Energy Florida, Inc. 3300 Fxchange 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, (1)) 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. CDri TCHE ERE 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 its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of ,2012. WITNESSES: SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Signature of First Witness Print or Type Name of First Witness Signature of Second Witness Print or Type Name of Second Witness State of County of ) ) ss ) The foregoing Easement was acknowledged before me this GRANTOR: City of Winter Springs Name of Corporation Signature of Mayor Print or Type Name Grantor(s) mailing address: 1126 East State Road 434 Wintei_§j211in s, FL 32708 day of , by_ The Mayor of the City of Winter Springs, a State of Florida Municipality Corporation, on behalf of the Corporation who is/are personally known to me or who has/have produced as identification. CORPORATE SEAL NOTARY SEAL Name: Notary Public Serial Number: My Commission Expires: