HomeMy WebLinkAboutOrdinance 2025-13 Authorizing the Conveyance of a Perpetual Easement to Duke Energy (recorded easement)ORDINANCE NO. 2025-13
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. ALONG THE WESTERN PROPERTY LINE WITH A
WIDTH OF 7.5 FEET ON A CERTAIN PORTION OF REAL
PROPERTY OWNED BY THE CITY OF WINTER SPRINGS WHICH
IS GENERALLY DESCRIBED AS TAX PARCEL NUMBER: 28-20-30-
5DR-OODO-0000 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, NON -CODIFICATION
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: 28-20-30-5DR-OODO-0000 (the "Subject Property"); and
WHEREAS, Duke Energy wishes to replace and upgrade existing improvements on the
Subject Property and construct 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 construct the improvements within the Easement Area
as part of its Feeder Hardening program that will enable the feeder backbone within the area to
better withstand extreme weather events, and the implementation of the Feeder Hardening
program will benefit all customers including City of Winter Springs residents by increasing
resiliency and reliability of the distribution infrastructure; and
WHEREAS, Duke Energy has requested an Easement from the City over a portion of the
Subject Property for purposes of implementing the Feeder Hardening program; and
City of Winter Springs
Ordinance No. 2025-13
Page 1 of 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, the City Commission hereby finds that 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 OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Conveyance of Real 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.
Section 3. 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.
Section 4. 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 S. 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
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 6. Non -Codification. This Ordinance shall not be codified in the City Code.
Section 7. 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.
City of Winter Springs
Ordinance No. 2025-13
Page 2of3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 11th day of August, 2025.
KEVIN McCANN, Mayor
ATTEST:
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for T,
the City of Winter Springs only: Ca, �,orpo". r
1� 'Pe
9'S�
ANTHONY A. GARGANESE, City Attorney
rannty
Legal Advertisement: July 28, 2025
First Reading: July 14, 2025
Second Reading: August 11, 2025
Effective Date: August 11, 2025
City of Winter Springs
Ordinance No. 2025-13
Page 3 of 3
Prepared by: Duke Energy Florida, LLC Parcel # 28-20-30-5DR-OODO-0000
Return To: Duke Energy Florida, LLC
Attn: Land Services
299 1 st Ave N
Mail Code: FLMAILROOM
St. Petersburg, Florida 33701
EASEMENT
State of Florida
County of Seminole
THIS EASEMENT ("Easement") is made this I I day of August, 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
unto 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 a
transmission and distribution line under and across the Easement Area described below to provide service
to customers beyond the Property, and to also provide 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 legally described as follows:
Tract "D" of the Highlands, Section Five, as recorded in Plat Book 19, Page 45 of the Official
Public Records of Seminole County, Florida. (hereinafter referred to as the "Property")
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:
The West Seven and a Half Feet (7.5') of Tract "D" of THE HIGHLANDS SECTION FIVE,
(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.
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.
Page 1 of 4
Grantee shall have the right to trim, 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.
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
Page 2 of 4
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.
Page 3 of 4
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this -[L day
of G QS , 2025.
Witnesses:
(Witness #1)
Printed Name: AehV4
Address:7�T
3�
(Witness #2)
Printed Name: /r Iti rV all 1`
Address: I �Qp S �3
%ter 1 f-f-k S b r i h . 1�L�-��
�—
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
a Florida municipal corporation
KEVIN MCCANN, MAYOR
Grantor(s) Mailing Address:
1126 East State Rd. 434
Winter Springs, FL 32708
The foregoing instrument was acknowledged before me by means of R1 physical presence or ❑
online notarization, this day of wsl , 2025 by KEVIN McCANN, MAYOR of CITY OF
WINTER SPRINGS, a Florida munici al corporation, on behalf of the corporation. He is personally,
known to me or has produced as identification. f
Not Public:!
Notary
Notary Public State of Florida Printed/ Typed Name:
1 Christian 0 Gowen
Ittt My Commission HH 433379 Commission Expires: D 9//S— IZO Z-7
Expires 0115/2027
This instrument prepared by Manny R. Vilaret, Esquire, 10901 Danka Circle Suite C, St. Petersburg, FL 33716
Page 4 of 4
Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2025079436 Book:10878 Pa e:813-816; (4 PAGES) RCD: 8/14/2025 10:29:51 AM
REC FEE $35.50 DOC STAMPS $0.70
Prepared by: Duke Energy Florida, LLC Parcel # 28-20-30-5DR-OODO-0000
Return To: Duke Energy Florida, LLC
Attn: Land Services
299 1 st Ave N
Mail Code: FLMAILROOM
St. Petersburg, Florida 33701
EASEMENT
State of Florida
County of Seminole
THIS EASEMENT ("Easement') is made this J " day of August, 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
unto 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 a
transmission and distribution line under and across the Easement Area described below to provide service
to customers beyond the Property, and to also provide 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 legally described as follows:
Tract "D" of the Highlands, Section Five, as recorded in Plat Book 19, Page 45 of the Official
Public Records of Seminole County, Florida. (hereinafter referred to as the "Property")
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:
The West Seven and a Half Feet (7.5') of Tract "D" of THE HIGHLANDS SECTION FIVE,
(hereinafter referred to as the "Easement Area").
The rights granted herein include, but are not limited to, the following:
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.
Page 1 of 4
Book 10878 Page 814
Instrument# 2025079436
Grantee shall have the right to trim, 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.
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
Page 2 of 4
Book 10878 Page 815
Instrument# 2025079436
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.
Page 3 of 4
Book 10878 Page 816
Instrument# 2025079436
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this day
of P u' .. , 2025.
Witnesses:
. /1---
(Witness #1)
Printed Name: Alvhvl
f �t
Address: 1( gt ► r .
(Ifitness #2)
Printed Name: / l
Address:
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
a Florida municipal corporation
i
KEVIN McCANN, MAYOR
Grantor(s) Mailing Address:
1126 East State Rd. 434
Winter Springs, FL 32708
The foregoing instrument was acknowledged before me by means of 12 physical presence or ❑
online notarization, this °` day of A ��O- , 2025 by KEVIN McCANN, MAYOR of CITY OF
WINTER SPRINGS, a Florida munici` al corporation, on behalf of the corporation. He is ersonally—
known to me or has produced as identification.
Notary Public:
Notary Public State of Florida Printed/ Typed Name: (_Y)tqkewN
1� Christian D Gowan
Itt' My Commission HH 433379 Commission Expires: ' Vl"'$,. �� c Z
=10Expires 05/2027
This instrument prepared by Manny R. Vilaret, Esquire, 10901 Danka Circle Suite C, St. Petersburg, FL 33716
Page 4 of 4