HomeMy WebLinkAboutOrdinance 2023-14 Conveyance of a Perpetual Easement to Duke EnergyORDINANCE NO. 2023-41'1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, PURSUANT TO SECTION 4.14 OF
THE CITY OF WINTER SPRINGS CHARTER AUTHORIZING THE
CONVEYANCE OF A PERPETUAL EASEMENT TO DUKE ENERGY
FLORIDA, LLC, ON A CERTAIN PORTION OF REAL PROPERTY
OWNED BY THE CITY OF WINTER SPRINGS WHICH IS
GENERALLY DESCRIBED AS TAX PARCEL NUMBER: 26-20-30-
5AR-01)00-1100 FOR PURPOSES OF CONSTRUCTING,
OPERATING AND MAINTAINING OVERHEAD AND/OR
UNDERGROUND ELECTRIC TRANSMISSION AND
DISTRIBUTION LINES, AND RELATED FACILITIES FOR
PROVIDING ELECTRIC ENERGY SERVICES, AUTHORIZING THE
MAYOR, CITY MANAGER AND CITY ATTORNEY TO FINALIZE
AND EXECUTE ANY DOCUMENTS TO COMPLETE THE
CONVEYANCE INCLUDING, BUT NOT LIMITED TO, THE
DOCUMENTS APPROVED AND SET FORTH IN THIS
ORDINANCE; PROVIDING FOR SEVERABILITY, THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES, NOWCODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law, and Section 4.14 of the City Charter authorizes the conveyance of City property by Ordinance,
and
WHEREAS, the City is the fee simple owner of that certain property located in Winter
Springs, Florida, currently being utilized as a utility spray field and described as Seminole County
Parcel ID: 2&20-30-SAR-000-1100 (the "Subject Property"); and
WHEREAS, Duke Energy wishes to erect certain improvements within a portion of the
Subject Property as further indicated, and described on the Easement attached hereto as Exhibit
A (the Easement Area); and
WHEREAS, Duke Energy intends to install a new 230kv Transmission line (Winter Springs
to Sanford Poinsett) to connect their existing Winter Springs substation to an existing Florida
Power and Light Transmission line that is adjacent to the Subject Property as part of completing
a reliability enhancement project to upgrade the transmission system in the Winter Springs area
and Seminole County region; and
WHEREAS, Duke Energy has requested an Easement from the City over a portion of the
Subject Property for purposes of installing said transmission line and has agreed to compensate
the City $1,237,000 for the Easement pursuant to the terms and conditions of the Dollar Binder
attached hereto as Exhibit B ("Dollar Binder"); and
City of Winter Springs
Ordinance No. 2023-�°i
Page 1 0f 3
WHEREAS, the proposed Easement is perpetual and not a service easement limited to
providing service to the Subject Property, and therefore, the City Charter requires the easement
to be conveyed by Ordinance; and
WHEREAS, Duke Energy and the City also desire to enter into that certain Memorandum
A Understanding establishing construction and access terms and conditions related to the
construction of the Duke Facilities within the Easement Area; and
WHEREAS, the City Commission hereby finds fihat the easement conveyance
contemplated by this Ordinance serves a public purpose and is in the best interests of the citizens
of Winter Springs and Seminole County; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OE WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recifials are hereby incorporated herein by this
reference.
Section 2. Conveyance of Reaf Property. Pursuant to Section 4.14 of the City
Charter, the City Commission of the City of Winter Springs hereby authorizes the City to convey
the Easement attached hereto as EXHIBIT "A" to Duke Energy. EXHIBIT "A" is hereby deemed
fully incorporated herein by this reference. Said conveyance shall be conditioned upon payment
of $1,237,000 to the City and execution of the Dollar Binder. In addition, the City and Duke
Energy will enter into a Memorandum of Understanding establishing mutually acceptable terms
and conditions for the construction and access of the Duke Facilities.
Se ion 3. Termination of Conveyance Authority. The conveyance authority
granted pursuant to Section 2 of this Ordinance shall automatically terminate if the conveyance
of the Easement does not occur within 180 days of the effective date of this Ordinance. If said
termination occurs, this Ordinance shall be deemed null and void and no longer effective.
Section 4. Authority to Complete Conveyance. In conjunction with the
conveyance authorized by Section 2 of this Ordinance, the Mayor, City Manager and City Attorney
are authorized to finalize and execute whatever documents are necessary to complete the
conveyance of the Easement including, but not limited to the Easement, Memorandum of
Understanding and Dollar Binder.
Section S. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section fi. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
City of Winter Springs
Ordinance No, 2023-'I�t
Page 4 of 3
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 7. Non -Codification. This Ordinance shall not be codified in the City Code.
Section S. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of January, 2024.
-
KEVIN McCANN, Mayor
ATTEST:
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency far
the City of Winter Springs only:
ANTHONY A.
ESE, City Attorney
Legal Advertisement:
First Reading: December 11, 2023
Second Reading: J0.0N,,.•,,.y IS, zorti
Effective Date: zA%L��cY g 1 20 `y
City of Winter Springs
Ordinance No. 2023- ��
Page 3 of 3
EXH,lt$ll A
EASEMENT
City of \Winter Springs
Winter Springs -Sanford Poinsett
rhor M oracle M
Site M Land Unit:
DUKE
`C ENERGY,
Prepared By:
Manny R. \rilaret, Esquire
Vilaret 1 qw, PLLC
10901 Danka Circle, Suite C
Saim Petersburg, Florida 33716
EASEMENT
hN0\� ALL MEN BI' THESE PRESENTS, the undersigned CITY OF WINTER SPRINGS, a Florida municipal
corporation (GRANTOR herein), in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, grant and convey to DUKE ENERGY FLORIDA, LLC, a Florida limited liability
company d/b/a DUKE ENERGY (GRANTEE herein), Post Office Box 14042, St. Petersburg, Florida 33733, its successors,
assigns, lessees, licensees, transferees, pernuttees, and apportionees, the right, privilege and casement to construct, remove,
reconstruct, operate, and maintain in perpetuity overhead and/or underground electric transmission and distribution lines, and
related facilities for providing electric energy services all of which may be installed or constructed over, under, upon, across,
rhrough and within the following described lands in Seminole County, Florida, and referred to hereinafter as the Easement Area
to wit:
See Exhibit "A item 130"& rBxhibit A item133" attached hereto, incorporated herein, and by this reference made a
part hereof.
Tax Parcel Number: 26-20-30- CAD -OD00-1100
Together with the right to construct, install, operate, utilize, patrol, inspect, alter, improve, repair, rebuild, relocate or
remove such lines, systems and supporting structures kincluding poles) and related facilities, including the right to increase or
decrease the number and type of supporting structures (including poles), wires and voltage, adjust the centerline within the
Easement Area and to build, maintain and protect such roadways as may reasonably be required for these purposes ("Facilities').
GRANTEE shall have all other rights and privileges reasonably necessary or convenient for the safe and efficient
operation and maintenance of said Facilities, including (i) the right to trim, cut, remove, and keep clear trees, limbs and
undergrowth within said Easement Area and the right to cut down at any time and from time to time, in GRANTEE's sole
discretion, any tree standing outside the Easement Area which if felled, or upon falling, could fall within five (5) feet of any
conductor or other facility included within said Easement Area, and further including (ii) the reasonable right to enter upon
adjoining lands of the GRANTOR by such route or routes, including private roads and ways then existing thereon, on foot or
by conveyance, with materials, supplies, and equipment as may be desirable for the purpose of exercising all rights herein granted
and further including (iii) the right to install gates a minimum of sixteen (16) feet in width if GRANTOR has installed a fence
within or across the Easement Area, along with GRANTEE's lock linked with GRANTOR's lock and further including (iv) the
right to relocate any listed or protected plant or animal species found within the Easement Area to another location within the
Easement Area. As a result of said relocations, GRANTEE hereby agrees to restore the Easement Area to as near as practicable
to the original condition. GRANTEE shall construct a perimeter fence and associated gates around the Easement Area for
purposes of securing the GRANTOR's existing reclaimed water spray field within the Easement Area in accordance with
specifications approved by the GRANTOR. GRANTEE shall also repair any damage caused by GRANTEE and restore as
nearly as practicable the surface of the land to its pre-existing condition following any installation, maintenance, repair,
replacement or removal of the Facilities of GRANTEE'S located within the Easement Area.
RESERVING to the GRAN'I'Oli, however, all existing rights of title and possession, including but not limited to the
following: (I) the reasonable right of ingress and egress to, upon, over and under the Easement Area, provided that such right
of ingress and egress does not interfere with the safe and efficient construction, maintenance and operation of said Facilities;
(II) the continued use, repair and maintenance of the existing reclaimed water spray field within the Easement Area including
piping and irrigation heads that transmit and dispose of reclaimed water in accordance with applicable laws and permits and
the Winter Springs Project — AC Induction Study — Irrigation System prepared for GRANTOR and GRANTEE by Burns &
ivIcDonnell Engineering Company, Inc., dated August 7, 2023 (Project No. 160337); (III) mineral interests, if any, with the
Retum to: Duke Energy
Attn: Data and Document Management
3300 Exchange Place, NP4A
Lake illary, FL 32746
right of exploration and extraction, provided such activities do not interfere with the maintenance and safe operation of the
Facilities, nor inflict any damage or injury to the Facilities; (IV) general farming; and (V} construction, maintenance and travel
over roads and streets across the Easement Area.
GRANTOR covenants and agrees that no trees, buildings, structures (other than spray field infrastructure), ponds, or
obstacles will be located or constructed within the Easement Area nor shall ground elevation be altered more than two (2) feet
unless prior written approval is granted by the Grantee.
G1tANTOR shall have all other rights in and to said Easement Arca not inconsistent with (i) GIUINTEE's right to the
safe and efficient operation and maintenance of said electric transmission and distribution lines, communications systems and
related facilities, including clear, continuous access within the Easement Area, (ii) GRANTEE'S right-of-way utilization or
encroachment guidelines, or (iii) any federal, state, or local laws, rules, or regulations.
GRANTEE shall indemnify and hold GRANTOR harmless against any claim of liability or loss from personal injury or
property damage to the extent arising out of any negligence of GRANTEE, its servants, employees, or agents, excepting, however,
such claims or damages caused by the acts of third parties.
PROVIDED, HOWEVER, that as a condition precedent to the exercise of any such right other than ingress and egress,
GRANTOR covenants and agrees to obtain from GRANTEE ((800) 700-8744, wNvw.12=projectsolutions.cotn, or P.O. Box
14042, St. Petersburg, Florida 33733, Attention: Asset Protection Right -of -Way Specialist) a prior written determination that the
exercise of such right is not inconsistent with the safe and efficient operation and maintenance of said electric transmission and
distribution lines and communications systems or with any of the foregoing guidelines or laws.
GRANTOR warrants and covenants that they have the right to convey to GRANTEE tivs easement pursuant to
Ordinance No. 202343 adopted by the City Commission of winter Springs, and that GRANTEE shall have quiet and peaceful
possession, use and enjoyment of same.
All covenants, terns, provisions and conditions herein contained shall inure and extend to and be obligatory upon the
successors, lessees and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the said GRANTOR has hereunto affixed its hand and seal this
2023.
ATTEST:
Clcrl:
Ptim ur'1'}'pc Name
SIGNED, SEALED AND DEL1VEItED
IN THE PRESENCE OF:
Signawre of Fitst \�rtness
Print or'I'ype Namc of First Witness
GRANTOR:
ITY OF WINTER
CSPRINNGS
Kevin McCann, MAYOR
Print or Type Name
Grantor's mailing address:
1126 E. State Road 434
Winter Springs, Florida 32708
(SEAL)
day of
Signature of Second Witness
Print or Type Name of Second Witness
State of Florida
County of
Seminole
The foregoing Easement was acknowledged before me by means of � physical presence or ❑online notarization, this
day of 2023, by Kevin McCann, Mayor of the City of Winter Springs, who are personally known to
me or who have produced as identification,
NOTARY SEAL
Notary Public
3
EXmini B
{insert Owner Na ne, Item #}
{insert project nano}
Thor #: Oracle #:
DOLLAR BINDER
DUKE
ENERGY.
The undersigned hereby acknowledges receipt of the sum of $ L237,000 n paid
by DUKE ENERGY FLORIDA, L.LC., a Florida limited liability company d/b/a DUKE ENERGY
(hereinafter "DUKL; ENERGY") for an Easement this day of , 20239
over the following described land in Seminole County, Florida, to wit:
Being part of:
See attached exhibit A
Tax Parcel No.: 2620305AROD001100
It is understood that no �ghts or privileges, other than entry for sun'ey purposes, arc tO be exercised under the above -
mentioned Easement until f payment of the above sum has been provided to the undersigned by DUKE ENERGY.
1'ou are required by law to provide DUKE ENERGY with }'our correct tat-l�ayer identification number. If yott do not
provide DUKE ENERGY with your correct taxpayer identification number, you may be subject to civil or criminal
penalties imposed by law.
Ni11'�IE: _City of ���inter Sprungs
ADDRESS:
TAXrDAYER Ill OR SOCIAL SECURITY NUMBL,It:
ENTITY NAME (FOR TAXTAYER ID NUMI3ER):
Certification under penalties of perjury, I certify drat: The number shown on this form is a correct taxpayer
identification number (TIN) and I may be subject to civil or criminal penalties for failing to furnish the correct'IIN (Or
I have applied for, and am waiting for a number to be issued to me).
Glalnt0l''S SlgtnatLlrC
Receipt of the above -mentioned Easement is hereby acl.nowledged, subject to the foregoing understanding which is
hereby agreed to by DUI{E ENERGY, as of the above stated date.
DUKE ENERGY FLORIDA, L.LC.
d/b/a DUKE F_NERGY
Daniel I-Iendricl:s
Real Estate Representative
This Memorandum of Understanding ("MOU") entered into this _ day of , 2023,
by and between DUKE ENERGY FLORIDA, LLC, a Florida limited liability company d/b/a DUKE
ENERGY, ("Duke Energy") and the CITY OF WINTER SPRINGS, FLORIDA (the "City"), (hereinafter
individually, a "Party," or collectively referred to as the "Parties").
WITNESSETH
WHEREAS, the City is the fee simple owner of that certain property located in Winter Springs,
Florida, currently being utilized as a utility spray field and defined as Seminole County Parcel ID: 2&20-
3MAR OD004100 (the "Subject Property"); and
WHEREAS, Duke Energy wishes to erect certain improvements within the Subject Property as
further shown, indicated, and described on Exhibit A (the Easement Area); and
WHEREAS, the Parties have entered into this MOU for the purpose of establishing easement
conditions for the installation of a new 230kv Transmission line (Winter Springs to Sanford Poinsett) to
connect with an existing Florida Power and Light Transmission line that is adjacent to the Subject Property.
NOW, THEREFORE, for and in consideration of the benefits herein provided the Parties agree as
follows:
1. Duke Energy shall be responsible for the following construction and access actions at the
Property:
a. Duke Energy will install gates with interlocking locks at mutually agreeable location within
the Subject Property in accordance with specifications approved by the City.
b. Duke Energy will construct a stabilization path using fifty-seven (57) stone.
c. Duke Energy will identify any underground facility conflicts located within the Easement
Area, using either Ground Penetrating Radar or Sub -Surface Utility Engineering or both.
d. Duke Energy will take such steps as may be reasonably necessary to minimize damage to
the Easement Area. Duke Energy will use matting on an as needed basis to minimize and/or
prevent damage to existing improvements located Easement Area. In the event that damage
occurs by Duke Energy's actions, Duke Energy will promptly repair or cause to be repaired
to the City's satisfaction any physical damage to the surface area of the Easement Area,
existing improvements, and Easement Area resulting from the exercise of the rights granted
herein to Duke Energy.
e. Duke Energy will construct access around wetland areas, which will be located in a
mutually agreeable location. Upon completion of the construction of the access path, the
City and Duke Energy covenant to jointly prepare and execute an acceptable and recordable
access agreement.
f. As -built drawings will be provided at the completion of construction
g. Ground penetrating Radar (GPR) and/or soft digs will be performed at each pole location
to avoid contact with underground utilities.
2. Duke Energy agrees to indemnify and hold harmless the City and its employees and officials
from and against any and all claims, damages, losses and expenses, including reasonable
attorney's fees, arising out of or resulting from Duke Energy's and its contractors use of the
Easement Area including, but not limited to, the construction, location, repair, replacement,
and maintenance of any improvements installed within the Easement Area, except in any
situation where such injury, loss or damage as shall have been caused by the negligent or
intentional act of the City and its employees and officials
3. This MOU constitutes the entire agreement between the parties with respect to the actions
completed herein, and, except as set forth herein, it supersedes all prior understandings or
agreements between the parties related to this Agreement. The provisions of Section 1 of the
Memorandum of Understanding shall remain in full force and effect.
4. This MOU shall be binding on the parties hereto and their representative, successors, and
assigns. Neither party shall assign this Agreement or the rights and obligations to any other
party without the prior written consent of the other party hereto, which may not be unreasonably
withheld.
5. This MOU shall be governed by and construed in accordance with the laws of Florida. Venue
for any legal proceeding related to this MOU shall be Seminole County, Florida. This MOU
may be executed in multiple counterparts, each of which shall constitute an original, but all of
which, taken together, shall constitute one and the same agreement.
[SIGNATURE PAGES) TO FOLLOW, REMAINDER OF PAGE LEFT BLANK
INTENTIONALLY]
IN WITNESS WHEREOF, the Parties have executed this MOU by their respective authorized signors
as of the day and year first written above.
Duke Energy:
DUKE ENERGY FLORIDA, LLC, a Florida limited
liability company d/b/a DUKE ENERGY
By:
Title: Manager Land Services Florida
Printed Name: Karen Adams
Date:
The City:
CITY OF WINTER SPRINGS, FLORIDA
By:
Title:
Printed Name:
Date:
Attest:
Signature:.
Printed Name:
Approved as to correcfiess and form:
City Attorney