HomeMy WebLinkAboutItem 09 Approval of Duke Energy Easement on City Property at 128 N. Bluford Avenue ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 15, 2019
Item #
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager: /- KAN--
Subject: Duke Energy Easement on City Property at 128 N. Bluford Aven -. Commissioner
Firstner, District 3.
Background Summary:
An integral part of the City Commission approved streetscape improvements in the Downtown Master
Plan is the conversion of pole mounted overhead utilities to underground facilities. The City has
coordinated with Duke Energy to design the underground system with the required above ground
equipment strategically located on City properties where the installations will not interfere with the
redevelopment improvements. The design includes a ground mounted transformer at the location of the
future sanitary lift station at 128 N. Bluford Ave., requiring an executed easement for the transformer.
The City Attorney and Utility Department have reviewed and approved the easement. Public Works
recommends approval of the easement in order to facilitate the completion of the Bluford Avenue
Streetscape Project.
Issue:
Request the City Commission to approve an easement with Duke Energy for the property at 128 N.
Bluford Ave. for the overhead to underground conversion of the electrical distribution system on the
Streetscape project.
Recommendations:
Recommend the City Commission approve the Duke Energy Florida, LLC, easement at 128 North
Bluford Avenue as part of the overhead to underground conversion of the electrical distribution system
on the Bluford Avenue Streetscape Project.
Attachments:
Easement for 128 North Bluford Avenue.
Financial Impact:
There is no cost impact for the easement.
Type of Item: (please mark with an z')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Review ed by ( ) N/A
2
Orange County,Florida
Work Request#:25019569
Address: 128 N Bluford Ave,Ocoee
STR: 18-22S-28E
EASEMENT
THIS EASEMENT("Easement")from CITY OF OCOEE,a Florida Municipal Corporation, 150 North
Lakeshore Drive, Ocoee, Florida 34761 ("GRANTOR," whether one or more) to DUKE ENERGY FLORIDA,
LLC., a Florida Limited Liability Company, d/b/a DUKE ENERGY, Post Office Box 14042, St. Petersburg,
Florida 33733, and its successors, lessees, licensees, transferees, permittees, apportionees, and assigns
("GRANTEE");
WITNESSETH:
THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto
GRANTEE, the perpetual right, privilege, and easement to install, operate and maintain in perpetuity, such
Facilities as may be necessary or desirable for providing electric energy and for communication purposes over,
under, upon, across, through and within the following described lands in Orange County, Florida, and referred to
hereinafter as the Easement Area to wit:
An Easement Area being further described and shown on the accompanying Legal
Description,as prepared by Barnes Ferland and Associates,Inc.,by William L. Miller,consisting of
two(2)pages,attached hereto and incorporated herein by this reference.
The 3 phase transformer will be located North of the single phase transformer with both transformers
located as close as operationally possible to the north line of the easement.In addition the transformers will be
located to the back of the easement(West)as operationally possible such that the City may install a frangible buffer,
small picket fence and/or landscaping, on the backside of the sidewalk in front of the transformers.The City
understands that Duke Energy will not be responsible for future restoration of the buffer even if Duke causes
damage to the buffer during maintenance and/or repair of the transformers.
The rights herein granted to GRANTEE by GRANTOR specifically include the right: (a)for GRANTEE
to patrol, inspect, alter, improve, add to, repair, rebuild, relocate, and remove said Facilities; (b)for GRANTEE to
increase or decrease the voltage and to change the quantity and type of Facilities; (c) ingress and egress over the
Easement Area and over portions of GRANTOR's adjoining property for the purpose of exercising the rights herein
granted; (d) to trim, cut or remove from the Easement Area, at any time, trees, limbs, undergrowth, structures or
other obstructions;(e)to trim,cut or remove and to keep trimmed or remove dead,diseased,weak or leaning trees or
limbs outside of the Easement Area which, in the opinion of GRANTEE, might interfere with or fall upon the
Facilities;(f)to allow third parties to attach equipment to the Facilities including but not limited to wires,cables and
other apparatus; (g) and all other rights and privileges reasonably necessary or convenient for GRANTEE's safe,
reliable and efficient installation, operation, and maintenance of the Facilities and for the enjoyment and use of the
Easement for the purposes described herein. Failure to exercise the rights herein granted to GRANTEE shall not
constitute a waiver or abandonment.
GRANTOR shall have the right to use the Easement Area in any manner that is consistent with the rights
granted to GRANTEE herein; provided however, without the prior written consent of GRANTEE, GRANTOR
shall not(a)place, or permit the placement of, any obstructions within the Easement Area including but not limited
Prepared By:Bruce C.Crawford,Esq. Return to:Duke Energy
Crawford&Owen,P.A. Attn:Land Services
10901 Danka Circle 452 East Crown Point Road
Saint Petersburg,Florida 33716 Winter Garden,FL 34787
to, any building, house, or other above-ground or underground structure, or portion thereof. If obstructions are
installed adjacent to the Easement Area,they shall be placed so as to allow ready access to GRANTEE's facilities
and provide a working space of not less than ten(10) feet on the opening side, six(6) feet on the back for working
space and three (3) feet on all other sides of any pad mounted equipment; (b) excavate or place, or permit the
excavation or placement of any dirt or other material upon or below the Easement Area; or(c)cause, by excavation
or placement of material,either on or off the Easement Area,a pond,lake,or similar containment vehicle that would
result in the retention of water in any manner within the Easement Area. GRANTEE shall have the right to remove
any such obstruction(s) at GRANTOR's expense. Excluding removal of vegetation and obstructions as provided
herein,any physical damage to the surface of the Easement Area and/or GRANTOR's adjoining property caused by
GRANTEE or its contractors shall be repaired to a condition reasonably close to the previous condition. The rights
and easement herein granted are exclusive as to entities engaged in the provision of electric energy service and
GRANTOR reserves the right to grant rights to others affecting said Easement Area provided that such rights do not
create an unsafe condition or conflict with the rights granted to GRANTEE herein.
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 obligatory upon the heirs, successors, lessees and assigns of the respective parties
hereto.
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IN WITNESS WHEREOF, this Easement has been executed by Grantor on this day of
,2018,and is effective as of the Effective Date herein.
GRANTOR:
CITY OF OCOEE
Name of Municipality
Rusty Johnson,Mayor
SIGNED,SEALED AND DELIVERED
IN THE PRESENCE OF: Grantor(s)mailing address:
150 North Lakeshore Drive
Signature of First Witness Ocoee,Florida 34761
Print or Type Name of First Witness
Signature of Second Witness
Print or Type Name of Second Witness
State of )
) ss
County of )
The foregoing Easement was acknowledged before me this day of ,2018,by
Rusty Johnson, its Mayor,of City of Ocoee,a Florida Municipal Corporation,on behalf of the Corporation who is/are
personally known to me or who has/have produced
as identification.
CORPORATE SEAL NOTARY SEAL
Name:
Notary Public
Serial Number:
My Commission Expires:
9 LEGAL DESCRIPTION
j USE:UTILITY EASEMENT
LEGAL DESCRIPTION
A PORTION OF LOT 5,BLOCK 2,TOWN OF OCOEE,AS RECORDED IN PLAT BOOK A,PAGE 100,
OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA;SAID PARCEL BEING DESCRIBED
AS FOLLOWS:
o,
COMMENCE AT SOUTHEAST CORNER OF SAID BLOCK 2;THENCE RUN NORTH 01°23'41"
WEST,ALONG THE WEST RIGHT OF WAY LINE OF SOUTH BLUFORD AVENUE,A DISTANCE
OF 374.23 FEET TO THE SOUTHEAST CORNER OF TAX PARCEL NUMBER 17-22-28-6144-02-051;
THENCE,CONTINUE ALONG SAID WEST RIGHT OF WAY LINE,NORTH 01°23'41"WEST,A
DISTANCE OF 24.76 FEET TO THE POINT OF BEGINNING:THENCE,DEPARTING SAID WEST
RIGHT OF WAY LINE,SOUTH 88°3019"WEST,A DISTANCE OF 10.00 FEET;THENCE NORTH
01°23'41"WEST,A DISTANCE OF 20.00 FEET;THENCE NORTH 88°36'19"EAST,A DISTANCE OF
10.00 FEET TO A POINT ON SAID WEST RIGHT OF WAY LINE;THENCE SOUTH 01°23'41"EAST,
ALONG SAID WEST RIGHT OF WAY LINE,A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND LIES IN ORANGE COUNTY,FLORIDA,AND
CONTAINS 200 SQUARE FEET,MORE OR LESS.
a
Surveyor's Notes
1. This Sketch of Description is not valid unless signed and embossed with the raised seal of a Florida
licensed Surveyor and Mapper.
2. Lands were not researched by this firm for matters such as ownership,easements,right of way or other
g matters in the public records that may affect these lands.
3. A title report was not provided for this survey.
4. Bearings are based on the West Right of Way Line of Bluford Avenue in the vicinity of this survey as
being:North 01°23'41"West.
5. Certified to: City of Ocoee.
Surveyor Certification
This Legal Description was prepared under my direction and is true and correct to the best of my knowledge
and belief.This Legal Description was performed in conformance with the"Standards of Practice"as
contained in Chapter 5J-17,Florida Administrative Code,pursuant to Florida Statute 472.
i� / G0'
PLS
William L.Miller, Date
Florida Surveyor and Mapper L: % 0
K Barnes Ferland and Associates LB 7774 •
A
•
*Not valid without the signature and original raised
z
NOTE:THIS IS NOT A BOUNDARY SURVEY seal of the Florida licensed surveyor and mapper
$11A LEGAL DESCRIPTION SHEET
lassays + andloa. A PORTION OF LOT 5,BLOCK 2,TOWN OF OCOEE
wivwsISSOILIEstest0.401sodatZraLwPLAT BOOK A,PAGE 100 1 OF 2
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SKETCH OF DESCRIPTION
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PARCEL ID/ -//v,: 7
17-22-28-6144-02-051 �';''" BEGINNING a
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, BLOCK 2 S88'36'19W
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TOWN
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17-22-28-6144-02-055 I-
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F.
N LEGEND
CM- CONCRETE MONUMENT
ID - IDENTIFICATION
IRC- IRON REBAR & CAP
II: — — — -- IR - IRON ROD
E IP - IRON PIPE
R/W— RIGHT-OF-WAY
ORB- OFFICIAL RECORDS BOOK
I W OAKLAND AVENUE POINT OF PG - PAGE
COMMENCEMENTPC - POINT OF CURVATURE
(60' f2/W)
PRC- POINT OF REVERSE CURVATURE
ii
PT- POINT OF TANGENCY
FOUND 4:Y4" R-- RADIUS
o GRAPHIC SCALE CM (NO ID) n— DDEELTA NGTH
50 5 10 20 SOUTHEAST CORNER CB- CHORD BEARING
.I OF BLOCK 2 C— CHORD LENGTH
1'..20 SFIr - LINE NOT TO MAP SCALE- SQUARE FEET
NOTE:THIS IS NOT A BOUNDARY SURVEY 1
1
1311.........j....14... 511C.,,Caniulhols SKETCH OF DESCRIPTION SHEET
and A PORTION OF LOT 5,BLOCK 2,TOWN OF OCOEE
I icon�c nsor,Aimion � PLAT BOOK A, PAGE 100 2 OF 2 =
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