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HomeMy WebLinkAboutOrdinance 314 Easement/Florida Power OFFICIAL RECORDS BOOK 1631 PAGE 1818 SEMINOLE CO. FL. ORDINANCE NO. 314 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, GRANTING A DISTRIBUTION EASEMENT TO FLORIDA POWER CORPORATION, SAID DISTRIBUTION EASEMENT BEING A TEN FOOT WIDE EASEMENT AREA CENTERLINE OF SAID EASEMENT AREA MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SE CORNER OF THE FOLLOWING DESCRIBED PROPERTY RUN WEST 220.80 FEET, THENCE RUN N 560 W 10 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF A 10 FOOT WIDE EASEMENT AREA, THENCE RUN N 37 E 300 FEET, THENCE RUN NORTH 85 FEET, THENCE RUN WEST 45 FEET, THENCE RUN NORTH 10 FEET TO THE END OF EASE- MENT AREA. LEGAL DESCRIPTION: LOTS 1 THROUGH 25 AND INCLUDING HOOVER STREET AND LUTTRELL LANE OF LUTTRELL PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 44 OF THE P.R. OF SEMINOLE COUNTY, FLORIDA, BEING A PORTION OF LOT 27, BLOCK B OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE P. R. OF SEMINOLE COUNTY, FLORIDA, LYING NORTHEASTERLY OF S.R. 419 (SANFORD- OVIEDO ROAD). LYING AND BEING IN SECTION 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA. WHEREAS, the City Commission of the City of Winter Springs, Florida, has hereby determined that the protection of the public health, safety and welfare require that an easement as described in exhibit "A" be granted Florida Power Corporation. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That the City of Winter Springs grants Florida Power Corporation a distribution easement as follows: A 10 foot wide Easement Area centerline of said Easement area more particularly described as follows: From the SE corner of the following described property run West 220.80 feet, thence run N 560 W 10 feet to the Point of Beginning of the centerline of a 10 foot wide Easement Area, o thence run N 37 E 300 feet, thence run North 85 feet, thence run West 45 feet, thence run North 10 feet to the end of Easement Area. Legal Description: Lots 1 through 25 and in- cluding Hoover Street and Luttrell Lane of Luttrell Park according to the Plat thereof as recorded in Plat Book 11, Page 44 of the Public Records of Seminole County, Florida, being a portion of Lot 27, Block B of D.R.Mitchell's Survey of the Levy Grant as recorded in p. b. 1, Page 5 of the P.R. of Seminole County, Florida, lying Northeasterly of S.R. 419 (Sanford-Oviedo Road). Lying and being in Section 36, Township 20 South, Range 30 East, Seminole County, Florida. SECTION II - That the Mayor shall execute on behalf of the City the distribution easement attached hereto as Exhibit "A". SECTION III - That the City Clerk, upon passage and adoption of this Ordinance, shall forward a certified copy of the same to the Board of County Commissioners for Seminole County pursuant to Florida Statute 177.101(4). SECTION IV - That all ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. 195012 RECORDED & VERIFIED APR. 18 12 00 PM '85 OFFICIAL RECORDS BOOK 1631 PAGE 1819 SEMINOLE CO. FL. SECTION V - If any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or to impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION VI- this Ordinance shall take effect immediately upon its passage and adoption. PASSED and ADOPTED this 8th day of April, 1985. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading: Feb. 25, 1985 Posted 2/28/85 Second Reading & Public Hearing 4/8/85 THIS INSTRUMENT WAS PREPARED BY: MARY T. NORTON CITY CLERK OF WINTER SPRINGS 400 N. EDGEMON AVE. WINTER SPRINGS, FL 32708 ."! Of1'1CfAtKECORDS.. BOOK .' PAGE 1631 182~ SEMINOLE .CO: FL. LEGAL DESCRIPTION Lots 1 through 25 and including Hoover Street and Luttrell Lane of Luttrell Park according to the plat thereof as recorded in Plat Book 11, Page 44 of the Public Records of Seminole County, Florida, being a portion of Lot 27, Block B of D. R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying Northeasterly of State Road 419 (Sanford- Oviedo Road). Lying and being in Section 36, Township 20 South, Range 30 East, Seminole County, Florida. C':len ~. ro rt (l '<: rt ~. o 0 Hl::l ~w ~. 0\ ::l .. rt ro ~ t; 0 en~ '1:l (Il t; ::r I-'- ~. ::l'1:l ()Q (Il N o .. I :;d "'OJ t; ::l ~. ()Q . ro t':lW ~ 0 rt .. en I ro S t""' ~. trJ::i I 0 N I-' -...lro o .. C':l o -::i 1.0 rt CO'<: .&:- The Orlando Sentinel Publiahed Daily Altamonte Spring., Seminole County, Florida $ 25.88 ADVERTISING CHARGE ~~:~: O~;)R~:~rihn} SS. Before the undersigned authority personally appeared Nancy A. Puglia , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being .. Not ice 0 f Pub 1 i c He a r in g in the matter of Ordinance No. 313 in the Court, was published in said newspaper in the issues of March 3. 1985 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of ()ne year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this ~_~tfo'publi~tioo m ~~:;~ Q T Sworn to and subscribed before me this 5th day of March 85 .D., 19 ~~ ~ otary Public, State of Florldr~ My Commission Expires July 13, 1985 Bonded by American Fire & Casualty Co. NOTICE OF PUBLIC HEARING I CITY.OF WlNTEJilIPRINGS, FLORIDA NOTICE IS HEREBY GIVEN by the City Commiallion of tlte City of Winter Springs, Aorlda, that saicl Commission will hold a PubllC"'Hearing on an ordi- nance entittec:l as fOllows: ORDINANCE NO. 313 . AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RE- ZONING LOTS 21; 22 & 23 BLOCK D OF D.R.MITCHELL'S SURVEY OF. THE LEVY GRANT, P.B. 1, PG. 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORI- DA, FROM THE PRESENT ZON- ING CLASSIFICATION OF R-U TO C-2 PURSUANT TO CHAPTER 166.041 OF THE FLoRIDA STAT- UTES: PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZOING MAP; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. This Public Huringwlll be held at 7:00 p.m. on Monday, March 25, 1985: or as 800D therUfIer .. poesible in the ComInitsion ChIImber, City Hall, 400 N. Edgemon Ave., Winter Springs. Aorida. , Copies 01 the propDlIlId ordinance are i available in the office of the City Clerk . for -Inspection. Interea1ed parties may appear at this .....ing and be heard with respect to this proposed ordinance. Pereons are advieed that if they de- cide to appeal any decision made at this ~ing, they will need a record of the proceedings and for IlUCh pur- pose, they may need to ensure that a verbatim record of the proceedings Is made which record includes the testi- mony and evidence upon which the appeal is to be based per Section 286.0106 Aorlda Statutes. Dated this 18th day of Febru8FY., 1985. I CITY OF WINTER SPRINGS IslMary T. Norton. I Mary T. Norton, ' City Clerk . I L_8-141 (6S) M-,r.3,1985 FORM NO. AD-264 sop! '}i...tl,^t~OR~~GE ,! 6",,) l , 823 SEIofINOlE co. Fl. shall, w~fhin 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) GRANTOR 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. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. <'" \,' ..) ,\ 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 faci I ities by GRANTOR or by GRANTOR's agents or employees. 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 peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be oblig- atory upon the successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this ~day of Feb. .19~. WITNESSES: Pres ident Secretary STATE OF Florida ) ) ss. ) COUNTY OF Seminole The foregoing easement was acknowledged before me this 4!Lday of Feb. , 19~, by John V. Torcaso as Mayor President and by Mary T. Norton as City Clerk Secretary, respectively, of the C:i:"t"i of Winter Springs a corpot,~~:~Hifr.~.s,~ate of Florida ", .,'to \.~ r; iI'", ',. " b,.V' ......... Ii. I, ...... ~ 1i~ ... .... ,~ .., -i /(NOTARIAL)'. ~ ", : .. (ffAl") '. -:: "C'- q"~'''' t~ \:-,,::::. i' 1t f \" lJ r \ .it~:1~~MS"~}1~i:S 't~\lG\J:ri ~~, 1:\~7 .- '. ~ . M~C~tf~J:~e~: .~: :. tr ., '^~< 11l- " . "~'~""" .... h./ #~;i ''''.....'T4...;....... ~,~.'".. ", ~''''F f' (1\,' "fl.;;... _". ~ ;........," ic 913 532 (S) Back , ,~ ~ ~f1CIAl REeOROS ~ ..~ t . PAGE"' {'" ..~ ,"" { .f (63', f82~ &FIorida .~~ DISTRIBUTION EASEMENT SEMINOLE CO. FL. THIS EASEMENT, Made this day between City of Winter Springs ,a Florida corporation, (State) its successors and assigns ("GRANTOR"), and FLORIDA POWER CORPORATION, a Florida corporation, its suc- cessors, lessees and assigns ("GRANTEE"); WITNESSETH, That, for and in consideration of the mutual benefits, covenants and conditions herein contained, GRANTOR grants and conveys to GRANTEE an easement to install, operate and maintain in perpetuity or until the use thereof is abandoned, such facilities as may be necessary or desirable for providing electric energy and service and communication services; said facilities being located in the following described "Ease- ment Area" within GRANTOR's premises in Sam1t:tale County, Florida, to wit: A 10 foot wide Easement Area ~ centerline of said Easement Area more particularly described as follows: Krom the SE corner of the following described property run West!20.80 feet. thence run N 560 W 10 feet to the Point of Beginning of the cen':erline of a 10 foot wide Easement Area. thence run N 370 E 300 feet. thence j~un North 85 feet. thence run West 45 feet. thence run North 10 feet to the end of Easement Area. See attached legal description. 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 GRANT- EE, 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 matntenance of said facilities and for the enjoyment and use of said easement for the purposes described above. 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 fences are installed, they shall be placed so as to allow ready access to GRANTEE's facilities and provide a working space of not!ess than six feet (6') on the opening side and one foot (1') on the other three sides of any pad mounted transformer, If GRANT- OR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE Thle document prepared by H. A. EVERTZ 1ft Aeturn to: Aeal eetate Dept., Fl.. Power Corp. P.O, Box 14042. 51. Potaraburg, FL 33733 Rev. 10.84 Corporate 913 532 (S) L -U (f) ..... CD ~. (') CD - (') 0 - ::l I ~ (") o C ::l - -< -. ') l "_. ",,,,';...'._.~._. - , - { I , ~ 1 \ "'-... ',,- / , / j i I ( I "q..- :{. 1/",' I IfDJA'N l1JOO D S ~~ ~!i ~ It ; itJDiE.5 : , l, i J I / y /;:;; &me" IALftt,~O~lJSp' ,..- lOGIC ""'. ","" .' '} " J r\ IIMHU co. n.. I IlllllllTTTl rTl , I : (/ - i U I ':-j I I I I I , ,- r ;~"'I ~..'.'~ ~ , 150 KVA D.FR.. 2. 77 /LJSOV /70 k.'UJ E5TlAifATED .DEh1A/'t//J rrrn I ii, I ~ I , t '" 11 I II TTTljTfl r l i UWI CONS TRue TIDAl rRAILE-e 1 I ........ " CD PR.IMAR.Y CABLE. To BE * 2AL 3~ '~ INSTALL y'l PVc.. IN 5AN\E Tf2.EiJCI--f WITH PRIMARY @ E A S EM EN T.5 R..E Q. U I e.E D _ - ff. @ CCJNTA c.. T: ~ TAVE.NNER PI-I 32 7-3(c, Llo 29/-8331 .,. ......TaD oM CL.."ItP'RINT 1000-" /NS7':4LL 3 C.O.S AND 3 LA,' 5 FL/SE. @. 80A ,f / / /" I2ELOCA TE:. ICJ;:."'r N'.E. " ,.~/ g,' ~7'17 3/9130' /.LfS' "...-.. PL "',.{D HP- :':"~" ",'", .L:J//2 T "€OAl::J , dO-lillO' ~ n~ 0.-( /~~' ~. / ~~-s-~ ~~.., ~ REMOVE TEMPOR,AIZY / ''''~ ./" , ~~~AAIS,cORA1.E,e R.ELOCA-rE. POLE. SFT. S.Ul @/SCONV~;,a, "- , ", /~.3S0S- 0&B805 . S90.f./.O SE Yy 3(0 - 2.0- 30 N ~ \ FLORIDA POWER CORPORATION DISTRIBUTION INGINEERINC DEPARTMENT CITY OF UJ/A1TEI::. S?R/AlGS 0/ ,~, A 1Jl) L/. G. p/? /. L)( 7E /./5 A To /JEw C/TY'I-IALL,f"f2.. 4/9 W. o. N. LE ..270 Jt. Date /2 - 3/-8r Draw.. .R'/C..t'SAYAR}) Check /2aIS Approv" Sc.a. AI 'TS ' '~ DwC. No. 'A' ' v. . !