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HomeMy WebLinkAboutItem III (E) Approval and Authorization for Mayor and City Clerk to Execute Distribution Easement Agreement with Florida Power to Provide Electric Power to Beech Recreation CenterAgenda 9-1 Item III E JAMES W. SHIRA, P.E. CITY ENGINEER / UTILITIES DIRECTOR 150 N. LAKESHORE DRIVE • OCOEE, FLORIDA 34 PHONE (407) 656-2322 EXT. 142 • FAX (407) 656-7 MEMORANDUM DATE: September 11, 1998 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Florida Power Distribution Easement The attached easement agreement will allow Florida Power to cross a portion of the wastewater treatment plant grounds to provide electrical service to the Beech Center. The agreement has been reviewed and approved by staff and the City Attorney. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached Florida Power Distribution Easement. Attachment THE PRIDE OF WEST ORANGE '00000a Florid ON)wer GO oN tiNaa DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, That the undersigned, their successors, lessees and assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, did grant and convey to FLORIDA POWER CORPORATION, a Florida corporation ("GRANTEE"), P. 0. Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees and assigns, 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; by GRANTEE or others; said facilities being located in the following described "Easement Area" within GRANTOR'S premises in Orange County, Florida, to wit: COUNTY USE ONLY A 10 foot wide Easement Area defined as lying 5 feet on each side of GRANTEE's facilities to be installed at mutually agreed upon locations over, across and through the following described property to accommodate present and future development. The East 1/2 of the West 1/2 of the Northwest 1/4 of Section 9, Township 22 South, Range 28 East, Orange County, Florida Together With: The East 1/2 of the Northwest 1/4 and that part of the Northeast 1/4 of the Southwest 1/4 lying North of Railway, of Section 9, Township 22 South, Range 28 East, Orange County, Florida. Tax Parcel Number: 09-22-28-0000-00-003 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, atter, 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 GRANTEE, 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 reasonable necessary or convenient for GRANTEE's safe and efficient installation, operation and maintenance 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 less than six feet (6') on the opening side and one foot (1') on the other three sides of any pad mounted transformer. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE 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 This document prepared by BELISA M. OLIVEIRA Real Estate Dept., Florida Power Corp. 2600 Lake Lucien Drive, Suite 400 Maitland, FL 32751-7234 Rev. 9/92 Ret: Life of Corporation RESP: Real Estate 913 532(S) CO M P N � N X Q m IX W. 0 C z O� (D -V P o O m w0 o, -1 COUNTY USE ONLY 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 f urther 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. TIE fore9=19 i 0aality is limited to the extend pmmtted by law and dce, mt wa1w sovereign im=ty. 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 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 , 19 98 WITNESSES: * * *(Names must be typed on or printed under each signature.) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 1998 UNDER AGENDA ITEM NO. STATE OF COUNTY OF _ ► ss. The foregoing Easement was acknowledged before me this GRANTOR(s): CITY OF OCO .F. FLORIDA (Name of Corporation) BY S. Scott Vandergrift, Mayor ATTEST: *Jean Grafton, City Clerk (Grantor(s) mailing address) 150 North Lakeshore Drive Ocoee, Florida 34761 day of , 1998 , by S. Scott Va dergri t and Jean Grafton , the Mayor and City Clerk, respectively of City of Florida , a Florida (MXdcipaldorporation, on behalf of the Corporation, who are personally known to me. (SEAL) Name: Notary Public Serial Number: My Commission Expires: 913532(S) BACK io6Bc✓ TEirIPOR/'RY •n n.rnfn n.�ro I 'C raRE TZ-1"11YA7/0N "L Iti' R LL ? 5 820 7 5 Lo 26 7 5 -5 8 30 _ ToPoCAAFN/CAL � V/EW— LOCAT/ONS / ANd 2 ro QE /-AAinzj Ty/S p OE TA ,QN/L ROAD . 615E 35 XV /Ns41114701e'S 50 m 60' RRlLROA4 R/V', 60. RDRQ fgld �A/ y,S35 5'S -. mmom O©©O m o©®mm mo©omo NorEs /. RA/[Ropd PER/n/r REQU/REQ, 2. CITY of OCo,EE PCRro/T /r�Qv/REd, 3. 4--1UE/;7EYV7-5' REaviR4- 5 WORK gUT/✓0Ri79r101V REQviREO , OCR q 7Z 1"ORARY //V -A/VO- O Ur TRA/✓SFO/�i ? C01VTAC7-. OOA/ S00a,4L/N15 (v07) 77y-2936 6, FPC. BEPRPStrnrTAT/t�c4'; f7/Cf/F�9EYS'�'iP (yo 7) 65'6 -BSyO .7. Or°cZ"Al 19W64. 5W 9 -ZZ -28 yBoso 7W SZ ocoEE FLORIDA POWER CORPORATION DISTRIBUTION ENGINEERING DEPARTMENT .1'WI_n.4Wy EXTE/✓S/o/V OcoeS RECAEArmi✓ CENrE// ..._ _4000.4.. 4imsRo�90 ------ W.O. Dace ..... Drawn /t, F.A.E.sf.E ?.. Checked ............ Approved ...................................... Scale ... o�"=.60..... Dwg. No. ....C.......