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HomeMy WebLinkAbout2024 01 08 Public Hearing 402 - Second Reading Ordinance 2023-14, Duke Energy Electric Utilities EasementPUBLIC HEARINGS AGENDA ITEM 402 CITY COMMISSION AGENDA | JANUARY 8, 2024 REGULAR MEETING TITLE Second Reading Ordinance 2023-14 authorizing the conveyance of a perpetual electric utilities easement to Duke Easement on a portion of City owned property legally described as Seminole County Parcel ID: 26-20-30-5AR-0D00-1100. SUMMARY The City owns real property currently being utilized as a utilities spray field (See Property Card - "Subject Property"). 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 (See Map). To complete this reliability project, Duke Energy wishes to erect certain improvements within a portion of the Subject Property, and has requested a perpetual easement from the City over a portion of the Subject Property for purposes of installing said transmission line (See Exhibit A - Easement). Duke Energy has agreed to compensate the City $1,237,000 for the Easement pursuant to the terms and conditions of the Dollar Binder (See Exhibit B - Dollar Binder). Due to the perpetual nature of the Easement and the fact that it is not limited to providing service to the Subject Property, Section 4.14 of the City Charter requires that the conveyance of the Easement be authorized by Ordinance. In conjunction with the Easement conveyance, the Parties will also enter into a Memorandum of Understanding establishing terms and conditions for the construction and access to the Subject Property to facilitate the transmission line project (See MOU). Duke Energy representatives will be present at the meeting to entertain any questions regarding the project and request. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission approve adoption of Ordinance 2023-14 on Second Reading 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 Memorandum of Understanding 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”). W I T N E S S E T H 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: 26 -20- 30-5AR-0D00-1100 (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. 165 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 Secti on 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 a ny 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 PAGE(S) TO FOLLOW, REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] 166 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:_______________________ Title:___________________________ Printed Name:___________________ Approved as to correctness and form: _______________________________ City Attorney 167 168 Property Record Card Parcel 26-20-30-5AR-0D00-1100 Property Address WINTER SPRINGS, FL 32708 Parcel Location Site View Parcel Information Value Summary Parcel 26-20-30-5AR-0D00-1100 Owner(s)WINTER SPRINGS CITY OF Property Address WINTER SPRINGS, FL 32708 Mailing 1126 E STATE ROAD 434 WINTER SPGS, FL 32708-2715 Subdivision Name D R MITCHELLS SURVEY OF THE LEVY GRANT Tax District W1-WINTER SPRINGS DOR Use Code 80-VACANT GOVERNMENT Exemptions 80-CITY(2007) AG Classification No 2024 Working Values 2023 Certified Values Valuation Method Cost/Market Cost/Market Number of Buildings 0 0 Depreciated Bldg Value Depreciated EXFT Value Land Value (Market)$858,962 $858,962 Land Value Ag Just/Market Value $858,962 $858,962 Portability Adj Save Our Homes Adj $0 $0 Amendment 1 Adj $0 $0 P&G Adj $0 $0 Assessed Value $858,962 $858,962 2023 Certified Tax Summary 2023 Tax Amount without Exemptions $13,406.08 2023 Tax Savings with Exemptions $13,406.08 2023 Tax Bill Amount $0.00 * Does NOT INCLUDE Non Ad Valorem Assessments Legal Description PT OF LOTS 110 & 118 DESC AS BEG 3740.29 FT N 4 DEG 57 MIN 42 SEC E OF INT OF S LI LEVY GRANT & W LI GARDENA FARMS RUN N 4 DEG 57 MIN 42 SEC E 2237.27 FT S 83 DEG 44 MIN 2 SEC W 1327.88 FT S 5 DEG 1 MIN 36 SEC W 665.88 FT S 83 DEG 44 MIN 33 SEC W 666.11 FT S 4 DEG 57 MIN 30 SEC W 472.57 TO NLY R/W 100 FT FPC ESMT S 65 DEG 4 MIN 35 SEC E ON NLY R/W 2081.65 FT TO BEG (LESS BEG 3740.29 December 1, 2023 05:53 PM Page 1/3 169 FT N 4 DEG 57 MIN 42 SEC E & 1154.35 FT N 65 DEG 4 MIN 35 SEC W OF INT S LI LEVY GRANT & W LI GARDENA FARMS RUN N 65 DEG 4 MIN 53 SEC W 606.99 FT N 26 DEG 58 MIN 24 SEC E 209.24 FT N 43 DEG 56 MIN 15 SEC E 234.52 FT S 84 DEG 46 MIN 45 SEC E 176.3 FT S 57 DEG 14 MIN 25 SEC E 155.67 FT S 5 DEG 20 MIN 39 SEC W 385.19 FT S 9 DEG 53 MIN 54 SEC E 129.28 FT TO BEG) BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Taxes Taxing Authority Exempt ValuesAssessment Value Taxable Value SJWM(Saint Johns Water Management)$858,962 $858,962 $0 CITY WINTER SPRINGS $858,962 $858,962 $0 FIRE FUND $858,962 $858,962 $0 COUNTY GENERAL FUND $858,962 $858,962 $0 Schools $858,962 $858,962 $0 Sales Description Date Book Page Amount Qualified Vac/Imp WARRANTY DEED 04/01/1990 02178 0441 $1,500,000 No Vacant QUIT CLAIM DEED 03/01/1979 01217 0758 $100 No Improved Land Method Frontage Depth Units Units Price Land Value ACREAGE 55.98 $30,680.00 $858,733 ACREAGE 2.2 $104.00 $229 Building Information Permits Permit #Description Agency Amount CO Date Permit Date Extra Features Description Year Built Units Value New Cost Zoning Zoning Zoning Description Future Land Use Future Land Use Description R-1A Public / Semi-Public Single Family-9000 Utility Information Fire Station Power Phone(Analog)Water Provider Sewer Provider Garbage Pickup Recycle Yard Waste Hauler 26.00 DUKE CENTURY LINK WINTER SPRINGS CITY OF WINTER SPRINGS NA NA NA NA Political Representation Commissioner US Congress State House State Senate Voting Precinct Dist 5 - Rob Elliot Dist 7 - Cory Mills Dist 38 - DAVID SMITH Dist 10 - Jason Brodeur 48 School Information Elementary School District Middle School District High School District Layer Indian Trails Winter Springs December 1, 2023 05:53 PM Page 2/3 170 Copyright 2023 © Seminole County Property Appraiser December 1, 2023 05:53 PM Page 3/3 171 Published Daily ORANGE County, Florida Sold To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 Bill To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the ORLANDO SENTINEL, a DAILY newspaper published in ORANGE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11150-Public Hearing Notice Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Dec 29, 2023. Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Rose Williams Sworn to and subscribed before me on this 30 day of December, 2023, by above Affiant, who is personally known to me (X) or who has produced identification ( ). Signature of Affiant Name of Affiant Signature of Notary Public Name of Notary, Typed, Printed, or Stamped 7557572 172 173 7557572 174