HomeMy WebLinkAbout2025 08 11 Public Hearing 401 - Second Reading of Ordinance 2025-13 Granting Line Easements to DukePUBLIC HEARINGS AGENDA ITEM 401
CITY COMMISSION AGENDA | AUGUST 11, 2025
TITLE
Second Reading of Ordinance 2025-13 granting Duke Energy Florida, LLC Distribution
Electric Service Line Easement on City owned real property legally described as Tract
"D" of the HIGHLANDS, Section 5, as recorded in Plat Book 19, Page 45
SUMMARY
City was contacted by Duke Energy regarding the implementation of its Feeder
Hardening program. Existing electric lines located on City owned property located at
700 Sheoah Boulevard are scheduled for upgrades and hardening. The existing
electric lines have existed for many years and are located on the western boundary of
the subject property. However, the existing lines are not within a dedicated recorded
easement area.
Duke provided the attached summary of the Feeder Hardening project which is titled,
"Substation Optimization Overview for North Longwood Circuit M1757." Generally,
the Feeder Hardening program will enable the feeder backbone in the area to better
withstand extreme weather events. According to Duke Energy, the implementation of
the program will benefit all customers including Winter Springs residents.
Because the requested easement is perpetual and not limited to providing service to
City property and facilities and will provide general customer service to other Duke
customers, Section 4.14 of the City Charter requires the conveyance of the easement
to be approved by the City Commission by Ordinance.
The Public Works & Utilities Director has reviewed the request and believes the
proposed easement will not interfere with existing operations at the City's Water
Treatment Plant #2.
FUNDING SOURCE
RECOMMENDATION
Staff recommends the City Commission hold a public hearing and adopt Ordinance
2025-13 granting an easement to Duke Energy Florida, LLC on second reading.
134
City of Winter Springs
Ordinance No. 2025-13
Page1of3
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-00D0-0000 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-00D0-0000 (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
135
City of Winter Springs
Ordinance No. 2025-13
Page2of3
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 AA@ to Duke Energy. EXHIBIT AA@ 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 5. 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.
136
City of Winter Springs
Ordinance No. 2025-13_
Page 3of3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the ____ day of ______________, 2025.
____________________________________
KEVIN McCANN, Mayor
ATTEST:
______________________________________
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
_______________________________________
ANTHONY A. GARGANESE, City Attorney
Legal Advertisement:
First Reading:
Second Reading:
Effective Date:
137
Page 1 of 4
Prepared by: Duke Energy Florida, LLC
Return To: Duke Energy Florida, LLC
Attn: Land Services
299 1st Ave N
Mail Code: FLMAILROOM
St. Petersburg, Florida 33701
Parcel # 28-20-30-5DR-00D0-0000
EASEMENT
State of Florida
County of Seminole
THIS EASEMENT (“Easement”) is made this day of July, 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.
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.
138
Page 2 of 4
3. 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
139
Page 3 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.
140
Page 4 of 4
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this day
of , 2025.
Witnesses: CITY OF WINTER SPRINGS
a Florida municipal corporation
(Witness #1) KEVIN McCANN, MAYOR
Printed Name:
Address: Grantor(s) Mailing Address:
(Witness #2)
1126 East State Rd. 434
Winter Springs, FL 32708
Printed Name:
Address:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of ______, 2025 by KEVIN McCANN, MAYOR of CITY OF
WINTER SPRINGS, a Florida municipal corporation, on behalf of the corporation. He is personally
known to me or has produced as identification.
Notary Public:
Printed/ Typed Name:
Commission Expires:
This instrument prepared by Manny R. Vilaret, Esquire, 10901 Danka Circle Suite C, St. Petersburg, FL 33716
141
LEGEND
+PROPOSED PEDESTAL
CENTERLINE
ADJACENT PROPERTY BOUNDARY
PROPERTY BOUNDARY
LaNe
SePinole
Orange
Volusia
THIS IS NOT A SURVEY. LOCATIONS SHOWN ARE APPROXIMATE.
THE ACTUAL CENTERLINE LOCATION OF THE UTILITY LINE IS THE CENTERLINE OF THE EASEMENT.
VICINITY MAP-NTS
¹
SCALE:DATE: 6/23/2025
DRAWN: JN
DWG NO:
CHECKED: KA
SHEET:
APPROXIMATE LOCATION OF DISTRIBUTION
R/W ACROSS PROPERTY OF
THE CITY OF WATER SPRINGS
LOCATION:
EXHIBIT "B"
1 of 1
700 SHEOAH BLVD, WATER SPRINGS,
FLORIDA 32708
BARRERA
PIDN:
28-20-30-5DL-0000-0450
SITE
THIS MAP MAY NOT BE A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A LOCAL
GOVERNMENT AGENCY FOR COMPLIANCE
WITH ANY APPLICABLE LAND DEVELOPMENT
REGULATIONS AND HAS NOT BEEN
REVIEWED FOR COMPLIANCE WITH
RECORDING REQUIREMENTS FOR PLATS
THE CITY OF WATER SPRINGS
PIN:
28-20-30-5DR-00D0-0000
APPROXIMATE
CENTERLINE OF
EASEMENT (TYPICAL)
DEC ROW EASEMENT
UNDERGROUND R/W
7.50'
3.75'
3.75'
1:558
EZELL
PIDN:
28-20-30-5DL-0000-0460
CHANDLER
PIDN:
28-20-30-5DL-0000-0470
HIGHLANDS
HOMEOWNERS
ASSN INC
PIDN:
33-20-30-515-0G02-0000
HIGHLANDS
HOMEOWNERS
ASSN INC
PIDN:
28-20-30-5DR-00C0-0000
GREGORY
PIDN:
28-20-30-5EG-0000-0050
VALLEJO
PIDN:
28-20-30-5EG-0000-0040
142
Substation Optimization Overview for North Longwood Circuit M1757
Substa�on Op�miza�on is a comprehensive plan for iden�fied circuits that incorporates feeder
hardening construc�on prac�ces and the placement of self-op�mizing equipment to improve the
survivability and reliability of the circuit. This plan uses the FEMA HAZUS and SLOSH models, which
contain the weather data for storms over the last 200 years. Distribu�on subject mater experts then use
these outputs to determine the op�mum deployment plan considering factors such as current projects
in the area, cri�cal customers, opera�onal knowledge, and resource availability.
Feeder Hardening is a long-term program that will systema�cally rebuild the feeder backbone to Grade
B construc�on and meet the loading requirements of both NESC 250B Combined Ice and Wind District
Loading and 250C Extreme Wind Loading.
Grade B Construc�on Strengthen the line by employing larger load factors (margins of safety) to
the forces on the structures as well as greater strength reduc�on factors for the materials that
support the forces on structures. In other words, the structures will be stronger.
Rule 250B Combined Ice and Wind District Loading defines the condi�ons by zone. All of Florida
is in the “Light Loading Zone” which states that forces must be calculated at 30 ºF and with a 60-
mph wind.
Rule 250C Extreme Wind Loading states the forces must be calculated at 60 ºF with a wind
defined by the proximity to the coastline. Wind speed ranging from 100 to 140 must be
considered in Florida depending on the loca�on.
The Feeder Hardening program will enable the feeder backbone to beter withstand extreme weather
events. This includes strengthening structures, upda�ng BIL (basic insula�on level) to current standards,
upda�ng conductor to current standards, reloca�ng difficult to access facili�es, and replacing oil filled
reclosers as appropriate. This will include the grid deployment of automated isola�on and restora�on
equipment as dictated by circuit topography.
Specifically, Duke Energy’s North Longwood Substa�on, located on Ronald Reagan Blvd, circuits M1757,
M1758 and M1760 have been selected for hardening ac�vi�es. The route of circuit M1757 takes it into
the boundaries of the City of Winter Springs. The following sta�s�cs apply to Circuit M1757:
• Approximate feet to be harden: 11,370
• Total customers on Circuit: 1,689
• Total customers in City of Winter Springs: 1,464
The implementa�on of the feeder hardening program will benefit all customers including City of Winter
Springs residents by increasing the resiliency and reliability of the distribu�on infrastructure. This
includes the upgrades in poles and wire engineered to meet NESC 250B and 250C loadings along with
reloca�on of lines underground in sec�ons that are difficult to access (like the sec�on across the Winter
Springs facility at 700 Sheoah Blvd) all contribute to improving reliability and maintainability.
Addi�onally, upgrades to the automated restora�on network allow for reduced sec�onaliza�on and
isola�on �mes to limit the scope (number of affected customers) of any outages that may occur.
143
M1757 Net Map
144
Exis�ng Facili�es at 700 Sheoah Blvd:
145
• The red sec�on above is to be remain overhead but with stronger poles since it is accessible. The
yellow sec�on above is not bucket truck accessible, thus, remaining overhead would provide
difficulty in reducing outage �mes. Due to the inaccessibility of the yellow sec�on, this will be
rerouted UG.
146
Proposed UG (including 1000 AL ONLY)
147
Easement Area: The proposed easement will be located along the western property line with a width of
7.5 feet. Currently Circuit M1757 runs overhead along the west property line. A direc�onal bore would
be employed to place a 6-inch conduit down the center of the 7.5-foot easement sec�on to house the
underground primary cables. This would provide clearance for the water storge tank that is located
approximately 20 feet from the west property line. Private locate services have verified the proposed
underground path is clear of any obstruc�ons.
Existing OH to be removed
Proposed UG
Easement
Boundary
(7.5’ x 252.57’)
148
This Business Impact Estimate may be revised following its initial posting.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
TELEPHONE: (407) 327-1800
FACSIMILE: (407) 327-4753
WEBSITE: www.winterspringsfl.org
BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4)
This form should be included in the agenda packet with the proposed ordinance to be considered. It
must be posted on the City’s website by the time notice of the proposed ordinance is published.
City Commission Meeting Dates: July 14, 2025; August 11, 2025
Ordinance Number: 2025-13
Posted To Webpage: Monday, July 28, 2025
This Business Impact Estimate is given as it relates to the proposed ordinance titled:
[Insert Title]
Parts I-IV below are not required to be completed if the ordinance involves any one of the following
types of exemptions. Please check if applicable:
__ 1. Ordinances required for compliance with federal or state law or regulation;
__ 2. Ordinances relating to the issuance or refinancing of debt;
__ 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue
sources necessary to fund the budget;
__ 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any
federal, state, local, or private grant, or other financial assistance accepted by a municipal government;
__ 5. Emergency ordinances;
__ 6. Ordinances relating to procurement; or
__ 7. Ordinances enacted to implement the following:
__ a. Development orders and development permits, as those terms are defined in s. 163.3164, and
development agreements, as authorized by the Florida Local Government Development Agreement
Act under ss. 163.3220-163-163.3243;
__ b. Comprehensive plan amendments and land development regulation amendments initiated by
an application by a private party other than the municipality;
__ c. Sections 190.005 and 190.046;
__ d. Section 553.73, relating to the Florida Building Code; or
__ e. Section 633.202, relating to the Florida Fire Prevention Code.
149
This Business Impact Estimate may be revised following its initial posting.
Part I.
Summary of the proposed ordinance and statement of public purpose:
(Address the public purpose to be served by the proposed ordinance, such as serving the public
health, safety, morals, and welfare of the City of Winter Springs.)
[INSERT SUMMARY]
Part II.
Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in
the City of Winter Springs: (fill out subsections a-c as applicable, if not applicable write “not
applicable”)
(a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed
ordinance is enacted:
Not applicable________________________________________________________________________________
_______________________________________________________________________________________________
(b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for
which businesses will be financially responsible; and
Not applicable________________________________________________________________________________
_______________________________________________________________________________________________
(c) An estimate of the City of Winter Springs’ regulatory costs, including an estimate of revenues from
any new charges or fees that will be imposed on businesses to cover such costs.
Not applicable________________________________________________________________________________
_______________________________________________________________________________________________
Part III.
Good faith estimate of the number of businesses likely to be impacted by the ordinance:
No businesses are likely to be impacted by the ordinance______________________________________
_______________________________________________________________________________________________
Part IV.
Additional Information the City Commission may find useful (if any):
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
150
Published Daily in
Orange, Seminole, Lake, Osceola & Volusia Counties, 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 Jul 28,
2025.
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 29 day of July, 2025,
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
7843357
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7843357
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