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Home My WebLink AboutIII (B) Approval and Authorization for the Mayor and City Clerk to execute the Florida Power Distribution Easement across Forest Lake Golf Course Agenda 1-19-99 Item III ..GAMER OF GOOD LIVING- PRIDE Oh WEST ORANGE" Wyo0.•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee CITYOF OCOEE COMMISSIONERS o oJ.,..;„ o DANNY HONERS.« ��i4 — ISO N. LAKLSnORE DRIVESCOT'r ANUIiRSON QSCOTT A.GLASS Oc0¢q ELORInA 34761-2258NANCY I. PARKER o�, � (407)656-2322�I CrIY MPNAGER �� F GOOa MAAS SIMPER° MEMORANDUM DATE: January 6, 1999 TO: 'fhe I Ionorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Florida Power Distribution Easement Across Forest Lake Golf Course Due to the construction of the Western Beltway, Florida Power needs to relocate power lines that serve the irrigation pump station at the golf course. 'fhe attached proposed Distribution Easement documents the proposed path of the new power lines. This proposed Distribution Easement is acceptable to Florida Power, to the operator of the Forest Lake golf course, is not in conflict with the Western Beltway, and does not interfere in any way with the city's ability to dispose of treated effluent on the golf course site. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached Distribution Easement. Attachment or- J. Der' '" feM O Florida PoCUPPwer T 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. O. 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 COUNTY USE ONLY 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: O m LP n A 10 foot wide Easement Area defined as lying 5 feet on each side of Grantee's facilities to be installed at mutually agreeable locations over, across and through the following described property to accommodate present and future development. N The NW 1/4 of the NE 1/4 &the North 1/2 of the NW 1/4&the SE 1/4 of the NW 1/4 & the NE 1/4 of the SW m 1/4 (LESS Road Right-of-Way). All lying and being in Section 05, Township 22 South, Range 28 East, Orange County. Florida. O n c The SW 1/4 of the SE 1/4 of Section 32, Township 21 South, Range 28 East, Orange County, Florida (LESS Z y part taken for Right-of-Way in Section 05, Township 22 South, Range 28 East per O.R. Book 5524/364 CI98- O ` 4279). 0 -1 0 D —Iy Tax Parcel Number: 05-22-28-0000-00-001 m s The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, O m inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; lb) the right for GRANTEE to increase or { decrease the voltage and to change the quantity and type of facilities; lc) the right for GRANTEE to clear the O ;• Easement Area of trees,limbs, undergrowth and other physical objects which, in the opinion of GRANTEE,endanger m 0 ~ or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the right for O z GRANTEE to trim or remove any timber adjacent to but outside the Easement Area which, in the opinion of 0 GRANTEE,endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; m (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 3. 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(exceptfences)shall be located, constructed,excavated or created within the Easement Area. If fences are installed, they shall be placed so as to n 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 la) GRANTOR shall pay to co This document prepared by BELISA OLIVEIRA co Real Estate Dept., Florida Power Corp. O 2600 Lake Lucien Drive, Suite 400 0 Maitland, FL 32751-7234 CORPORATE Rev,9/92 Rot: Lie of Corporation RESP:Real Estate 913 532191 For use and reliance only by the City of Ocoee approved as to form and legality this day of , 199_ By: COUNTY USE ONLY City Attorney •-- GRANTEE the full expected cost of the relocation as estimated by GRANTEE, and lb) 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. the foregoing iniamity is Limited to tie eaten permitted by law and dOSIS rot tiaive deign immunity.. GRANTOR hereby warrants and covenants la) 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 WITNESSES: GRANTOR'S): CITY OF OCOEE.. FLORTT)A (Name of Corporation) BY S. Scott Vandergrift, Mayor kffitigEti. ATTEST: Jean Graf ton, City Clerk `(Names must be typed on or printed under each signature.) (Grantor(s) mailing address) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING FIELD ON , 199 UNDER AGENDA ITEM NO. Croce. Florida 44761 STATE OF ) ss. COUNTY OF The foregoing Easement was acknowledged before me this day of , 19 , by S. Scott Vandergrift and Jean Grafton mun�q ,Mayor XHwsideakandCity Cleric , respectively of City of Ornee , a Florida (MitCmlBlregrP?aration, on behalf of the Corporation, who are personally known to me or who have produced as identification and who did/did not take an oath. Name: Notary Public Serial Number: My Commission Expires: (SEAL) 913 532(S) BACK