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Home My WebLink AboutResolution 475 Distribution EasementOFFICIAL RECORDS BOOK 1615 PAGE 0452 SEMINOLE CO. FL 179578 CLERK CIRCUIT COURT SEMINOLE COUNTY FL. Feb 14 9 59 AM '85 RESOLUTION NO. 475 A RESOLUTION 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 56o W 10 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF A 10 FOOT WIDE EASEMENT AREA, THENCE RUN N 370 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 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 NORTH- EASTERLY 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 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 Corpora- tion. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA RESOLVES: 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, 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 cf:the Levy Grant as recorded In q.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 the Resolution, shall forward a certified copy of the same to the Board of County Commissioners of Seminole County pursuant to Florida Statute 177.101(4). Passed and Adopted this 4th day of February, 1985. CITY OF WINTER SPRINGS, FLORIDA JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton City Clerk THIS INSTRUMENT WAS PREPARED BY: MARY T. NORTON, CITY CLERK CITY OF WINTER SPRINGS 400 N. EDGEMON AVE. WINTER SPRINGS, FL 32708 OFFICIAL RECORDS BOOK 1615 PAGE 0453 SEMINOLE CO. FL Florida Power Corporation DISTRIBUTION EASEMENT THIS EASEMENT, Made this day between City of Winter Springs Florida,a Florida corporation, its successors and assigns ("GRANTOR"). and FLORIDA POWER CORPORATION, a Florida corporation, its suc cessors, lessees and ascessors, 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: . From the SE corner of the following described property run West 220.80 feat, thence run N 56. W 10 feet to the Point of neainning of the centerline of a 10 foot vide Easement Area, thence run N 37. g 300 feet. thence run North 85 f.et. thence run West 45 feet, thence run North 10 feet to the end of Easement Area. See attached legal deacription. 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 conven ient for GRANTEE's safe and effic ient i nsta II ati on, operation and ma i.ntena nce of said facilities and for the enjoyment and use of said easement for the purposes described above, (") o C ::J - -< GRANTOR hereby covenants and agrees that no bui Idings, 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 less than six feet (6') on the opening side and one foot (1') on the other three sides of any pad mounted tra~former. If GRANT- OR's future orderly development of the premises is in physical conflict with GRANTEE's fllcilitie.s, GR4NTEE " Thl, document prepared by H. A. EVERTZ In Return to: Real ElItatl Dlpt" Fl., Power Corp. P.O. Box 1<W42, SL Plter,burg, FL 33733 Rev.10Al4 Corporote 913 532 (S) OrF1CI~l P.ECORU5 BOOK PAGE I 6 I 5 0455 SEMINOLE CO. FL LE~L 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. nCfl 1-" ro rt0 '-< rt 1-" o 0 Hl::l :O::w 1-" D" ::l .. rt ro H Ii 0 tf)~ "0 (J) t1 ::r' I-'- 1-" ::l"d OQ (J) N o .. I ::0 '"dill t1 ::l 1-" OQ . ro t::!w ~ 0 rt .. . tf) I ro S t"" 1-" t::! ::l I 0 Nt--" -....Jro o .. n o -::l \Crt 00'-< +:- (,~~'''' A L r. B l.ir t II"" r. ECORUS oaK PAGE , , 6 I 5 0454 shall, wit~~"tlliOb#r~!hffEl..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 facilities 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. 85 ,19_, jft:- Pres ident WITNESSES: "\ Secretary STATE OF Florida ) ) ss, COUNTY OF Seminole ) The foregoing easement was acknowledged before me this 4th day of Feb. , 19~, by John V. Torcaso as Mayor President and by Mary T. Norton as City Clerk Secretary, respectively, of the City of Winter Springs a corporation of the State of Florida 0""'.'111'.''''''"" . " , .. 'f '.,,/ ............ '. ", -:(NOt):,,~il..)~'''''# ~'q""'r,..,, (SEAL) "'~ \ : . "'fA R ' ~ \:: :" ~O , )' '., .f ~NOTAR'! f,j~ .1~P~is~ExPir~s: #MYCQ ..:~~ -:. \ PUD\"'\C:: I ~ '. .' .../ , '.;cJ\:-" ,..' .~ ~ ...~~i.OF't' V ..... "...,."", " 913 S32 (S) Back