Loading...
HomeMy WebLinkAboutProgress Energy Distribution Easement - 2004 05 27THIS DISTRIBUTION EASEMENT WAS NOT THE ONE THAT WENT TO THE CITY COMMISSION AT THE APRIL 12, 2004 REGULAR MEETING AS CONSENT 207. THE CITY COMMISSION APPROVED THE AGENDA ITEM AND PER THE CITY ATTORNEY'S LETTER ATTACHED TO THIS EASEMENT, THE ATTACHED DISTRIBUTION EASEMENT WAS ACCEPTABLE BY CHUCK PULA, PARKS AND RECREATION DIRECTOR. PER PARKS AND RECREATION, NO ORIGINAL IS ON FILE FOR THIS EASEMENT. Sent By: BROWN,SALZMAN,WEISSBGARGANESE; 407 425 9596; May-21-04 2:11PM; B~.C~WN, SAT,IMAN, WEISS & GARGANESE, P.A. .Arrorneyr ar Llrw Usher L. Brown' Jeffrey f'. Busk" Suzanne D'Agresta" Ar><hony A. pargansae" Gary S. Salzman' John H. Ward' Jeffrey S. Weiss 'Board Certified Clv(1 Trial Lawyer 'Board Certified Business Litigation Lawyer "Board Certfied City, County & Lacel Government Law Page 2/2 C)fficea in Orlando, I~isximmee, Debra S. Babb-Nutcher Cocoa & Viers, Joseph ~. 614tCh John U. Bfedenham, Jr. Llsa M. Fletcher Douglas Lambert Katherine Latorre Melanie A. Mucalio Michello A. Reddin Kimbetiy F. Whitfield Erin J. O'Leary Jay W. Taylor Of Counsel May 21, 2004 Vla Facslmlle Only Marva Taylor Progress Energy Florida, Inc. 2801 West State Road 426 Oviedo, Florida 32765 RE: City of Winter SpringslCentral Winds Park Dear Marva: Thank you very much for your telephone call today. The Distribution Easement that was faxed to my office by Chuck Pula is acceptable. By copy of this fetter, I am requesting that Chuck Pula have the Mayor of Winter Springs execute the easement on behalf of the City. Further, as we discussed, before Progress Energy records the Dlstrlbution Easement, you will add a signature line for the grantee, Progress Energy. At such time as the Distribution Easement is fully executed and received by you, you will record the easement in the public retards of Seminole County, Florida. Once you receive the recorded easement, please provide a copy of the easement to me so that I may close my file: If you have any questions, please do not hesitate to call. Ve yours, Anthony A. Garganese, City Attorney AAGllmg cc: Chuck Pula, Parks and Recreation Director 225 East Robinson Street, Suite 660 • P.O.6ox 2873.Orlando, Florida 32802.2873 Orlando (407} 4259566 Fax (407) 425.9596 • Kissimmee (321)402-0144 • Cocoa 6 Viers (868) 425.9566 Website: www.orlandotaw.net • l=mail; dgarganese~orlandddw.net =N Pro ress Ene ~.~, g ~v July 26, 2004 Mr. Anthony Garganese _ Brown, Salzman, Weiss & Garganese 225 E Robinson Street, Suite 660 Orlando, FL 32802 Dear Mr. Garganese, Enclosed please find a copy of the recorded Distribution Easements as per your request. 1~"" ~ ~ ~s ~I~s p~ p~Xr°p Sincerely, ~~ St L. Lane Real Estate Document Center Progress Energy Services Company, LLC 3300 Exchange Place - NP3A Lake Mary, FL 32746 Progress Energy Florida,lnc. 3300 Exchange Place Lake Mary, FL 32746 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-6599 Fax: (407)327-4763 Parks & Recreation Dept. MEMORANDUM TO: Andrea Lorenzo-Luaces, City Clerk FROM: Chuck Pula, Parks and Recreation Director ` RE: Progress Energy Distribution Easement DATE: May 24, 2004 Please have the Mayor execute all three original Progress Energy Distribution Easements. Keep one original for the city and return the other two to me. I will forward one to Progress Energy. The City Commission approved the execution at the April 12, 2004, City Commission meeting (comment #207). The City Attorney has also attached a letter that will go to Progress Energy along with the Easement. ~RrANNE r+oRSE, aEaK of clRCU><T count 5EMIINOLE COIM~i"Y BK 05374 PGS 1605-1606 CLERK'S li X004 i 067AO RECORDED G7l19/E~4 11:49:57 AN DEED DOC TRX; G.7i RECORDING FE~B 18.56 RECORDED 8Y 3 O~Itelley ~~1 Progress Energy DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, did grant and convey to FLORIDA POWER CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC., a Florida corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportioners, and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy said facilities being located in, on, over, under or across the following described "Easement Area" within GRANTOR'S premises in Seminole County, to wit: A 10 foot wide Easement Area defined as lying 5 feet on each side of GRANTEE"s facilities to be installed at mutually agreeable locations over, across and through the following described property to accommodate present and future development. See Legal Description on the accompanying Exhibit "A", attached hereto and incorporated herein by this reference. Tax Parcel Number: 26-20-30-SAR-OB00-0090 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; (b) the right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. 7'he rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and the GRANTOR reserves the right to grant rights to others affecting the said easement area provided that (1) notice is first given to GRANTEE and (2) in the reasonable judgment of GRANTEE, such rights do not create a dangerous or unsafe condition or unreasonably conflict the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRAN'tEE's facilities and provide a working space of not less than six feet (6') on the opening side and one foot (1') on the other three sides of any pad mounted transformer. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE'S facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR's premises, provided that prior to the relocation of said facilities (a) CTRANTOR shall pay to GRANTEE the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities and such other property as deemed necessary by Grantee. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal description was provided by GRANTOR. In the evert facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or sl:~all amend this legal description to uiclude the actual facilities and necessary property. This document prepazed by: Marva Taylor Retum to: Progress Energy Florida, Inc. wont wi__.~._ n__a .~i Return to:-°--=°~~'°~' 330Q Exchange Place Lake ~llary, FL 32746 iT ~ n o w ,b o ~ hd O O to O b n .~ r1~ ~' A •r ~d w O ~_ a` C1 y .. ~ q1) 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. 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 5 construction, reconstruction, operation or maintenance of GRANTEE'S facilities located on the above described easement. NO~QJZY ~,~n9dea l.orento•l.uat:es :~ "~, My Commlasbn D0209870 '~~~ 09,2007 ame: ~a~ ExPiresM~Y T~Tnlarv Seri~l Number: My Commission Expires: GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peacefirl possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions hereui contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WIIEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officer t reunto duly authorize and its official corporate seal to be hereunto affixed and attested this `~ day of 200, SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: • C~~C_~ ignature of First Witness 4 ;~a.~ L. ~l~rae~,-~ Print or Type Name First Witness S ature of Second(W~itness ~~0.» f C.t \C~»4~I~n~u Print or Type Name of Second Witness State of X~..t,.~,t'~~ ss Coanh' of ~~l-Jc~l.r ) GRANTOR: City of Winter Springs Na Corporation Ma r F. Bush Printed or Type Name ATT~~~~~~,T: ~ _, ~ ~~ebr~~ ~~~~~t.r~ Printed or Type Name Grantor(s) mailing address: '~hg,',foregoin~Easement was acknowledge before ni his .~-~ day of ~'~l , 200, its President and i~ is Secretary, ~>44~ ~~^r~ ~a by ~1 .~ , ~~s-~.~, and tt~ :8ttid1-Nl'-t-t~l respectively of a ~~<v~l i 4Qk~-c~'~ (state) Corporation, on behalf of the Corporation who are p~rsonal~lc~~wn to me or who have produced - ..~' ; . a~ ide~ t(fication and who did/did not take an oath.