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Home My WebLink About2012 11 19 Consent 208 ATT EasementCOMMISSION AGENDA ITEM 208 November 19, 2012 Special Meeting Informational Consent X Public Hearings Regular KS KL City Manager Department REQUEST: Public Works Department requesting authorization for the Mayor to execute a Utility Easement granting AT &T the right to install communications facilities in a 5 -foot wide non - exclusive easement on City property in Central Winds Park. SYNOPSIS: AT &T is seeking to provide service to the Jesup's Landing subdivision and any future development along Orange Avenue between Central Winds Park and Tuskawilla Road. The proposed 5 -foot wide Utility Easement allows AT &T to install communications facilities on City property in Central Winds Park. Routing the AT &T facilities through the Park provides the shortest route and minimizes disturbances and potential conflicts along the rights -of -way. CONSIDERATIONS: Mattamy Homes is developing the Jesup's Landing townhome project along the south side of Orange Avenue in the Town Center. AT &T is seeking to provide communications service to Jesup's Landing (and other future development) from AT &T's existing service building adjacent to the Charter School near Central Winds Park. The shortest route from the AT &T service building to Jesup's Landing is through Central Winds Park, which is City property but not a right -of -way. This agenda item authorizes the granting of a 5 -foot wide non - exclusive Utility Easement to AT &T on the City property in Central Winds Park. The Utility Easement route generally runs along the Park access road parallel to the Cross - Seminole Trail, terminating at the southwest corner of Jesup's Landing at the eastern boundary of Central Winds Park (see Consent 208 PAGE 1 OF 2 - November 19, 2012 Exhibit 2). The proposed easement requires AT &T to relocate AT &T facilities to a new location if required by the City, at no expense to the City. FISCAL IMPACT: There is no cost to the City for the proposed Utility Easement. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission authorize the Mayor to execute a Utility Easement granting AT &T the right to install communications facilities in a 5 -foot wide non- exclusive easement on City property in Central Winds Park. ATTACHMENTS: 1. Exhibit 1 - AT &T Utility Easement at Central Winds Park (2 pages) 2. Exhibit 2 - Map of Approximate Easement Location Consent 208 PAGE 2 OF 2 - November 19, 2012 STATE OF FLORIDA COUNTY OF SEMINOLE Preparer's name and address: J. Leaver ST 380 S. Courtenay Pkwy. Merritt Island, FL 32952 EXHIBIT 1 Grantee's Name and Address BellSouth Telecommunications, unications, LL 500 N. Orange Avenue Orlando, FL 32801 EASEMENT For and in consideration of one dollar 1 M and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner(s) of the premises described below, hereinafter referred to as Grantor, do(es) hereby grant to BellSouth Telecommunications, LLC, a Georgia limited liability company, dlh a AT&T Southeast, and its parent and its and its parent's direct and indirect affiliates, subsidiaries, agents, attorneys, employees, officers, directors, servants, insurance carriers, licensees, successors, and assigns (hereinafter referred to as Grantee), a non- exclusive easement to construct, operate, maintain, add, and/or remove such systems of communications (including broadcast), facilities and related items as the Grantee may from time to time deem necessary in the conduct of its business upon, along, and under a portion of the lands described in Official Records Book , Page , Seminole County, Florida Records, and to the fullest extent the Grantor has the power to grant, upon, along, and under the roads, streets, or highways adjoining or through sacs property. The said easement is more particularly described as follows: All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East, Meridian, Seminole County, State of Florida, consisting of a 5 foot strip of land described in the attached Exhibit "1" (survey and legal description) The following rights are also granted: the right to ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution;, the right to relocate said facilities, systems of communications, or related services on said lands to conform to any future highway relocation, widening, or improvements. To have and to hold the above granted easement unto BellSouth Telecommunications, unications, Inc., dlbla AT&T Florida and its parent and its and its parent's direct and indirect affiliates, subsidiaries, agents, attorneys, employees, officers, directors, servants, insurance carriers, licenses, successors, and assigns forever and in perpetuity. Grantor warrants that Grantor is the true owner of record of the above described land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement: 1. This easement is non - exclusive. 2. Grantor may request that Grantee relocate Grantee's facilities in the easement to a new location within the Grantor's property. Grantee shall pay all costs for the relocation of Grantee's facilities and the establishment of a new easement location, on Grantor's property. Grantor shall not charge the Grantee a fee for the establishment of a new easement ent location. Grantee will agree to perform such relocation provided that, in advance of relocation work: Grantor provides a new easement or amendment to this easement, as applicable, in substantially similar form oft is easement for the new area; new area is acceptable to Grantee; Grantee pays costs related to relocation work; upon written request of such request for relocation Grantee has 120 days for relocation to occur into new easement area granted by Grantee that is acceptable to Grantee. In the event of such relocation, Grantee may de- activate and abandon any of its underground facilities in place instead of relocating them. In witness whereof, the undersigned has /have caused this instrument to be executed on the day of Signed Sealed and delivered in the presence of: CITY OF WINTER SPRINGS Address: 1 126 SR 434 Winter Springs, FL 32708 Print Name: Witness (Print Name) ............... Title: Witness (Print Name) State of Florida, County of Attest: 1 HEREBY CERTIFY that _ _ , personally appeared before me and acknowledged that he/she was the same. The foregoing instrument was acknowledged before one this , by ...... (name and title of officer) of (name of corporation), a corporation, on behalf of the corporation. He /she is personally known to me or has produced day of Identification and who did/did not take an oath. Witness my hand and official seal in the County and State aforesaid, this day of , ... . Notary Public (Print Name) My Commission Expires:_ Commission Number TO BE MPLETE BY GRANTEE Dlstll RC moire enter/NXX Drawing . ea Number • lit Number Parcel ID ' pproval itle Exhibit 2 • N, A 7. ■ x •' *7jw� � r • Existing AT &T Service Building Centr Winds Park 1000 Approximate Location / of AT &T Easement f COLONEL MITCHELL . TER COLONEL MITCHELL TER 41* Of- sup's Landing ESR 434 "itt 0 100 200 400 600 800 Feet