HomeMy WebLinkAboutResolution 464 Distribution Easement
O. R. 1596 PG 0250
13.00
RESOLUTION NO. 464
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA,
GRANTING A DISTRIBUTION EASEMENT TO FLORIDA POWER
CORPORATION, SAID DISTRIBUTION EASEMENT BEING A 5
FOOT WIDE EASEMENT AREA DEFINED AS COMPRISING THE
SOUTHERLY 5 FEET OF LOT 6, BLOCK 15, NORTH ORLANDO, ~
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT C)
BOOK 12, PAGE 11, PUBLIC RECORDS OF SEMINOLE COUNTY, ~
FLORIDA. ALSO A 5 FOOT WIDE EASEMENT AREA DEFINED 5E
AS COMPRISING THE NORTHERLY 5 FEET OF LOT 7, BLOCK 15, cO
NORTH ORLANDO, ACCORDING TO THE PLAT THEREOF, AS RECORDED ~
IN PLAT BOOK 12, PAGE 11, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA. ALL LYING AND BEING IN SECTION 34, TOWNSHIP 20,
SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA.
WHEREAS, the City Commission 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 COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA RESOLVES:
1. That the City of Winter Springs grants Florida Power Corporation
a distribution easement as follows:
A 5 foot wide Easement Area defined as comprising the Southerly 5
feet of Lot 6, Block 15, North Orlando, according to the plat
thereof, as recorded in Plat Book 12, Page 11, Public Records of
Seminole County, Florida. Also, a 5 foot wide Easement Area defined
as comprising the Northerly 5 feet of Lot 7, Block 15, North Orlando,
according to the plat thereof, as recorded in Plat Book 12, Page 11,
Public Records of Seminole County, Florida. All lying and being in
Section 34, Township 20 South, Range 30 East, Seminole County, Florida.
easement attached hereto as Exhibit "A".
2. That the Mayor shall execute on behalf of the City the distribution
3. That the City Clerk, upon passage and adoption of the Resolution,
for Seminole County pursuant to Florida Statute 177.101(4).
shall forward a certified copy of the same to the Board of County Commissioners
PASSED and ADOPTED this 13th day of November, 1984.
CITY OF WINTER SPRINGS, FLORIDA
JOHN V. TORCASO, MAYOR
ATTEST:
Mary T. Norton
City Clerk
THIS INSTRUMENT WAS PREPARED BY: FRANK KRUPPENBACHER, CITY ATTORNEY
CITY OF WINTER SPRINGS
400 N. EDGEMON AVE.
WINTER SPRINGS, FL. 32708
161555
RECORDED & VERIFIED
CLERK CIRCUIT COURT
SEMINOLE COUNTY FL.
NOV 27 10 03 AM '84
REVERSE SIDE OF CLERK OF CIRCUIT COURT DATE STAMP
O.R. 1596 PG 0251
Florida Power
Corporation
DISTRIBUTION EASEMENT
THIS EASEMENT, Made this day between CITY OF WINTER SPRINGS
their heirs. successors and assigns ("GRANTOR"), and FLORIDA POWER CORPORATION, a Florida corporation,
its successors, 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 Seminole County, Florida, to wit:
->, A 5 foot wide Easement Area defined as comprising the Southerly 5 feet
of Lot 6, Block 15, North Orlando, according to the plat thereof, as
recorded in Plat Book 12, Page 11, Public Records of Seminole County,
Florida.
ALSO, a 5 foot wide Easement Area defined as comprising the
Northerly 5 feet of Lot 7, Block 15, North Orlando, according to the
plat thereof, as recorded in Plat Book 12, Page 11, Public Records
of Seminole County, Florida.
All lying and being in Section 34, Township 20 South, Range
30 East, Seminole County, Florida.
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 lands 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 ma intenance
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 sha II be
placed so as to allow ready access to GRANTEE'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 GRANT.
OR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE
Th is document prepared by
BLAIR W. CLARK
RETURN TO: Real Estate Dept.
Florida Power Corporation
P.O. Box 14042
Section 34, Township 20, Range 30
Project Name: City of Winter Springs-Relocate Poles-LE-255, 1984
O. R. 1596 PG 025
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)
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 agen1s 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 heirs, successors, lessees and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the GRANTOR's hands and seals have been hereunto affixed this 15th day of
November, 1984.
WITNESSES:
Mary Wilson John V. Torcaso
STATE OF Florida )
) ss.
COUNTY OF Seminole )
The foregoing easement was acknowledged before me this 15th dav of November, 1984.
by John V. Torcaso, Mayor of the City of Winter Springs, Florida.
(NOTARIAL) Mary T. Norton
(SEAL) Notary Public
My Commission Expires: Notary Public State of Florida at Large
My commission Expires April 4, 1987