HomeMy WebLinkAboutDuke Energy Florida, LLC Easement (Lift Station 7W Improvements)- 2025 06 02From: Felter, Julia <Julia.Felter@kimley-horn.com>
Sent: Thursday, May 29, 2025 2:23 PM
To: Kevin Sweet <I<sweet@winterspringsfl.org>
Cc: Maria-Luisa Guevara <mguevara@winterspringsfl.org>; Clete Saunier <csaunier@winterspringsfl.org>; Clifton
Mullis <cmullis@winterspringsfl.org>
Subject: Lift Station 7W - Duke Energy Easement Agreement
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Hi Kevin,
Please see attached Easement Agreement agreed upon by Duke Energy and the City's Attorney. Please sign
and return for submittal to Duke.
Please let me know if you have any questions.
Thank you,
Julia Felter, P.E.
Kimley-Horn 1200 S. Orange Avenue, Suite 600, Orlando, FL 32801
Direct: 407-768-3239 Mobile: 407-417-5339
Proud to be one of FORTUNE's 100 Best Companies to Work For
Prepared by:
Duke Energy Florida,LLC Return
To:
Duke Energy Florida, LLC
Attn: Emily Bower 2991st Ave N
Mail Code:
FLMAILROOM St. Petersburg, Florida 33701
EASEMENT
State of Florida
County of Seminole
Parcel # 03-21-30-509-OL00-OODO
607 S EDGEMON AVE.
Winter Springs, FL 32708
J
THIS EASEMENT ("Easement") is made this 2r day of June, 2025, from CITY OF WINTER
SPRINGS, a Florida municipal corporation ("Grantor", whether one or more), to DUKE ENERGY
FLORIDA, LLC, a Florida limited liability company, Post Office Box 14042, St.
Petersburg, FL 33733 ("Grantee").
Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant
into Grantee a perpetual easement, to construct, reconstruct, operate, patrol, maintain, repair, replace,
relocate, add to, modify, and remove electric and communication lines for purposes of providing service
to the Property described below including, but not limited to, all necessary supporting structures, and all
other appurtenant apparatus and equipment for the transmission and distribution of electrical energy, and
for technological purposes related to the operation of the electric facilities and for the communication
purposes of Incumbent Local Exchange Carriers (collectively, "Facilities").
Grantor is the owner of that certain property described in "Exhibit A" attached hereto and
incorporated herein by reference ("Property") and operates a local utility service bung and equipment
on the Property.
Grantor requires electric service from Grantee to be provided to the Property for purposes of
operating the local utility building and equipment and desires to grant this easement to facilitate such
service to the Property in furtherance of operating said local utility service building and equipment.
The Facilities may be both overhead and underground and located in, upon, over, along, under,
through, and across a portion of the Property within an easement area described as follows:
A strip of land ten feet (10') in uniform width, lying equidistant on both sides of a centerline,
For Grantee's Internal Use:
Work Order#: 57302775-20; Page 1 of 4
56163366 D
which centerline shall be established by the center of the Facilities as installed, (hereinafter referred to as
the "Easement Area").
The rights granted herein include, but are not limited to, the following:
1. Grantee shall have the right of reasonable ingress and egress over the Easement Area, only as
reasonably necessary, over other portions of the Property and any adjoining lands now owned or
hereinafter acquired by Grantor, using existing lanes, driveways, and adjoining public roads
where practicable as mutually agreed upon by the parties when feasible.
2. Grantee shall have the right to trim, cut down, and remove from the Easement Area, at reasonable
times and using safe and generally accepted arboricultural practices, trees, limbs,
undergrowth, other vegetation, and obstructions, but only to the extent reasonably necessary to
protect or access the Facilities.
3. Grantee shall have the right to brim, cut down, and remove from the Property, at reasonable times
and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or
leaning trees or limbs, which, in the reasonable opinion of Grantee, might fall upon the Easement
Area or interfere with the safe and reliable operation of the Facilities. Grantee shall provide prior
notice to Grantor before undertaking such activities outside the Easement Area, when practicable.
4. Grantee shall have the right to install necessary guy wires and anchors extending beyond the
boundaries of the Easement Area, provided that any such installation extending beyond the
boundaries of the Easement Area shall be subject to Grantor's prior written consent, which shall
not be unreasonably withheld.
5. Grantee shall have the right to relocate the Facilities and Easement Area on the Property to
conform to any future highway or street relocation, widening, or alterations mandated by a
governmental authority, and with reasonable notice to Grantor and consultation on the location,
provided such location must not interfere with the Grantor's utilities operation on the Property.
6. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or
obstructions, within or immediately adjacent to the Easement Area that unreasonably interfere
with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove
any such structure, improvement, facility, or obstruction, at the expense of Grantor, only upon
reasonable notice and a reasonable opportunity for Grantor to cure the violation.
7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as
provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the
surface area of the Easement Area and Property (including any building and equipment owned
by Grantor thereon) resulting from the exercise of the rights granted herein to Grantee. Such
repair shall be to a condition which is reasonably close to the condition prior to the damage, and
shall only be to the extent such damage was caused by Grantee or its contractors or employees.
8. Grantee may increase or decrease the voltage and change the quantity and types of Facilities only
to the extent reasonably necessary to provide safe and reliable service to the Property.
For Grantee's Internal Use:
Work Order#: 57302775-20; Page 2 of 4
56163366 D
9. The rights granted in this Easement include the right to install Facilities wherever needed on the
Property to serve existing and future development on the Property. Facilities installed outside the
designated Easement Area shall be installed only upon mutual written agreement of the parties
hereto. Upon such agreement, the Easement Area shall be deemed to include such future locations.
10. All other rights and privileges reasonably necessary, in Grantee's reasonable discretion, and
consistent with the other provisions herein, for the safe, reliable, and efficient installation, operation,
and maintenance of the Facilities.
11. 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 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.
The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of Grantor
and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the rights herein
granted shall not be construed as a waiver or abandonment of the right thereafter at any time, or from time
to time, to exercise any and all such rights. This Easement shall be governed by Florida law.
TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors,
licensees, and assigns, forever. The rights and easement herein granted are exclusive as to entities engaged
in the provision of electric energy service. Grantor warrants and covenants that Grantor has the full right
and authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful
possession, use and enjoyment of the same.
For Grantee's Internal Use:
Work Order#:57302775-20; Page 3 of4
56163366 D
,. p /
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this day
of �� -n �, 20 2S.
Witnesses: CITY OF WINTER SPRINGS
a Florida municipal corporation
-LuI /9
#1) _ - , KEVIN SWEET, CITY MANAGER
(Witness #2)
Printed Name:j Ta=y 1rau l i-
Address:
k)- }qzv)�n-ftul a�
STATE OF L o R
COUNTY OF S,<M //VO c- r
Grantors) Mailing Address:
1126 East State Rd. 434
nter SpringsFL 32708
The foregoing instrurm� ent was�cknowledged before me by means of � physical presence or ❑
online notarization, this 2 day oiewtfYy, 2025 by KEVIN S WEET, City Manager of CITY OF WINTER
SPRINGS, a Florida municipal corporation, on behalf of the corporation. He is personally known to me
or has produced
Notary Public State of Florida
Christian D Gowan
llll My Commission HH 43337t3
Expires 9/15/2027
as identification.
Notar y Public: /�
�,
Printed/ Typed Name: Ord iatn &'.xww^
Commission Expires: a l / /S` A0 27
This instrument prepared by Manny R. Vilaret, Esquire, 10901 Danka Circle Suite C, St. Petersburg, FL 33716.
For Grantee's Internal Use:
Work Order#: 57302775-20; Page 4 of 4
56163366 D
EXHIBIT A
The provided site plan shows the 10-foot easement along center line from the existing
transformer located at (N: 1583102.4890 E: 558166.5159) to new power pole located
at (N: 1583102.4890 E: 558166.5159). This easement crosses the East corner of
parcel #:03-21-30-509-OE00-0030 and the West corner of parcel
#:03-21-30-509-OE00-OODO. Both parcel are owned by the City of Winter Springs.
For Grantee's Internal Use:
Work Orderlf: 57302775-20; Page 5 of4
56163366 D
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