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Home My WebLink AboutIII (E) Approval and Authorization for Mayor and City Clerk to Execute Florida Power Utility Easement for the Modular Office Building, 302 Maguire Road ,._, Agenda 10-02-2001 ', ' ' ;.- Item III E y ��i� e RORF.I2T SMITHi 00 Goo PURI IC WORKS DIREC1OR 370 IINTIIIRPRISF:ST.•OMIT,I'LORI DA 34761 PI IONI:(41111 8I7-84211• 1'AX(407)g77-u392 STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Bob Smith, Public Works Director 1,40 DATE: September 25, 2001 I RE: Florida Power Easement - 302 Maguire Road ISSUE: Should the Honorable Mayor and Board of City Commissioners approve the easement request by Florida Power for the installation of electrical services at the referenced property? BACKGROUND AND DISCUSSION: We have completed the purchase of the modular building to be used for the Police Department and Building Department. A notice to proceed has been issued to relocate the buildings, and the move is expected to commence shortly. Presently there is no power source and Florida Power is requesting a ten foot easement to provide power to the area. RECOMMENDATION: Staff respectfully requests the Mayor and Board of City Commissioners approve the easement request. BS:jh attachment \\ POW! THE PRIDE OF WEST ORANGE cl kat Florida Power A Progress Energy Company DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS,that the undersigned, their heirs, successors, lessees and assigns 80 to ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, did grant and O convey to FLORIDA POWER, a Florida corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733,and to its successors, lessees, licensees,transferees,permittees,apportionees, and assigns, an easement to install, ti operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and .y service and communication systems, whether to telecommunication providers or other customers by GRANTEE or others, said facilities being located in, on, over, under or across the following described "Easement Area" within w Pc GRANTOR'S premises in Orange County, to wit: Or. A 10 foot wide Easement Area defined as lying 5 feet on each side of Grantee's facilities to be installed at mutually ,v0,v agreedupon locations over, across and through the following described property to accommodate present and future > OQ development. Z C a z See Exhibit"A" attached hereto and by this reference made a part hereof. Tax Parcel Number: 19-22-28-0000-00-053 O The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to C patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; (b) the right for GRANTEE to O increase or decrease the voltage and to change the quantity and type of facilities;(c)the right for GRANTEE to clear the z Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE,endanger or to 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 Arca for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably 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 the 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 (I') 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 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 and such other property as deemed necessary by Grantee. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation, This legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to include the actual facilities and necessary property. a D b 0 o Q O W to to lus document p payed by. Man-aTaylor Rearm ro: Honda Power Corporation 2600 Lake Lucien Drive,Ste.MMI Maitland,RI.327-51-7234 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 obligatory upon the heirs,successors,lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said 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 ,200 SIGNED,SEALED AND DELIVERED GRANTOR: IN THE PRESENCE OF: CITY OF OCOEE Name of Corporation Signature of First W mess Frecidrm S. Scott Vandergrift, Mayor Print or Type Name of First Witness Primed or Type Name Signature of Second Witness ATTEST: Pdntor Type Kane of Second Wilma.USE AND RELIANCE ONLY Secretary Jean Grafton, City Clerk BY TEE CITY OCOEE APPROVED AS TO FOAM AND LEGALITY this day of ,2001. Printed or Type Name Foley & Lardner BY. City Attorney Grantor(s)mailing address: State of FLORIDA ) 150 N. Lakeshore Drive ) ss Ocoee, FL 39761-2258 County of ORANGE The foregoing Easement was acknowledged before me this day of ,200 , by and ,its President and its Secretary, respectively of (state)Corporation,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. CORPORATE SEAL NOTORY SEAL. Name: Notary Public Serial Number: My Commission Expires: Exhibit "A" CITY OF OCOEE Work Request: A61AK-01-1011136B Parcel: 19-22-28-0000-00-053 From the North 1/4 corner of Section 19, Township, Range 28 East, Orange County, Florida; run South 439.81 feet for a Point of Beginning; thence East 247.94 feet to the Westerly Right-of-Way of Maguire Road; thence Southeasterly along Right-of-Way 123.85 feet; thence South 47° East 332.11 feet to the Northerly most corner of Lot S, West Orange Industrial Park Unit I, recorded in Plat Book 3, Page 118, of the Public Records of Orange County, Florida; thence South 68° West 290.23 feet; thence West 800 feet; thence North 95 feet; thence West 225 feet; thence South 95 feet; thence West 145 feet; thence North 425.66 feet; thence East to the Point of Beginning, (LESS Road Right-of-Way on East) AND the North 72 feet of the East 200 feet of Lot U,West Orange Industrial Park Unit I, recorded in Plat Book 3, at Page 118, of the Public Records of Orange County, Florida. All in Section 19, Township 22 South,Range 28 East.