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HomeMy WebLinkAboutV(D) Approval and Authorization for Mayor and City Clerk to Execute Distribution Easement with Progress Energy Florida, Inc. for Underground Facilities on the Ocoee Crown Point Property City Manager Jim Gleason Agenda 03-02-2004 Item V D Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mavor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler, P .E. ~ ~ IV Director of Public Works DATE: February 10,2004 RE: Distribution Easement for Progress Energy Florida, Inc. over Ocoee Crown Point PUD Property ISSUE The Public Works and Community Development Departments request that the Mayor and City Commission authorize the execution of the Distribution Easement agreement between Progress Energy Florida, Inc. and the City of Ocoee for installation of underground facilities on the Ocoee Crown Point PUD property. BACKGROUNDIDISCUSSION Under the provisions of the Land Development Code, all utilities within new developments are required to be placed underground. All of those utilities with the exception of Progress Energy Florida, Inc. place their facilities within the road rights-of-way. Progress Energy has always placed their underground facilities within a privately held easement outside the public road rights-of-way. For the Ocoee Crown Point property, the project was designed following the Ocoee Land Development Code for underground utilities. Because the property is not platted there is no way to geometrically define an easement, therefore this document provides for a "blanket" easement until such time as a platted easement can be defined. As part of construction the outside of the road rights-of-way will be defined by survey and staking. The area where Progress Energy would place their underground facilities would abut this outside edge of the rights-of-way. Their easements are typically ten feet in width, five feet either side of the conduit centerline. At the time the improvements are going to be platted the easement would be legally described and recorded with the plat. RECOMMENDATION Staff recommends that the City Commission authorize the Mayor and City Clerk to execute the Distribution Easement with Progress Energy Florida, Inc. for underground facilities on the Ocoee Crown Point property. ~ Progress Energy DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the und succcssors. lessees and assigns ("GRANTOR"), in consideration of covenants and conditions herein contained, did grant and convey to F CORPORATION doing business as PROGRESS ENERGY F Florida corporation ("GRANTEE"), Post Office Box 14042, St. 33733, and to its successors, lessees, licensees, transferees, permittees assigns, an easement to install, operate and maintain in perpetuity, s be necessary or desirable for providing electric energy and service systems, whether to telecommunication providers or other customer others, said facilities being located in the following described "Ease GRANTOR'S premises in Orange County, to wit: A 10 foot wide Easement Area defined as lying 5 feet on each sid fucilities to be installed at mutually agreeable locations over, across and thro described property to accommodate present and future development Sce Legal Description on the accompanying Exhibit "A" atta incorporated herein by this reference. Tax Parcel Number: 06-22-28-0000-00-005 The rights herein granted to GRANTEE by GRANTOR spec the right for GRANTEE to patrol, inspect, alter, improve, repair, rebu rcmovc said facilities; further GRANTEE hereby agrees to restore the as near as practicable the condition which existed prior to such constro alteration, replacement, relocation or removal as a result of GRANTEE efficient installation, operation or maintcnance of said facilities; (b) th for GRANTEE to increase or decrease the voltage and to change the q facilities; (c) the reasonable right for GRANTEE to clear the Easemen limbs, undergrowth and other physical objects which, in the opinion 0 endanger or interfere with the safe and efficient installation, operation said facilities; (d) the reasonable right for GRANTEE to trim or remo adjacent to, but outside the Easement Area which, in thc reasonable op GRANTEE, endangers or interferes with the safe and efficient instaIla maintenance of said facilities; (e) the reasonable right for GRANTEE of the GRANTOR adjacent to said Easement Area for the purpose of e herein granted; and (f) all other rights 'and privileges reasonably neces for GRANTEE's safe and efficient installation, operation and rnaintenan facilities and for the enjoyment and use of said easement for the purpo The rights and easement herein granted are non-exclusive as to entitie provision of clectric energy and service and GRANTOR reserves the ri to others affecting said easement area provided that such rights do not condition or unreasonably conflict with the rights granted to GRANTE GRANTOR hcreby covenants and agrees that no buildi obstacles (except fences) shall be located, constructed, excavated or Easement Area. If the fences arc installed, they shall be placed so as to to GRANTEE's facilities and provide a working space of not less than opening side and one foot (1') on the other three sides of any pad mou GRANTOR's future orderly development of the premises is in ph GRANTEE's facilities, GRANTEE shall, within 60 days after receip from GRANTOR, relocate said facilities to another mutually agreed u in GRANTOR's premises, provided that prior to the relocation 0 GRANTOR shall pay to GRANTEE the full expected cost of the reloca by GRANTEE, and (b) GRANTOR shall execute and deliver to GRA an acceptable and recordable easement to cover the relocated fa completion of the relocation, the easement herein shall be considered portion vacated by such relocation. This legal description was provid In the event facilities are located outside of this legal description, GRAN for any relocation costs necessary or shall amend this legal description facilities. This document prepared by Marva Taylor Retwn to: Progress Energy Florida. Inc. 3250 Bonnet Creek Road,. Post Office Box 10,000 Lake Duena Vista, Florida 32830 e igned, their heirs, 06 SEC. t e mutual benefits, r) ORlDA POWER L ORIDA, INC., a 22 TWP. ! clcrsourg, J:' IOnaa , apportionces, and 28 RGE. uch facilities as lnay and communication 5 by GRANTEE or ORANG COUNTY ment Area" within E eofGRANTEE's ugh the following CITY OF GRANTO OCOEE R ched hereto and ifically includc: (a) ild, relocate, and Easement Area to etion, repairs, 's safe and e reasonable right uantity and type of t Area of trees, f GRANTEE, or maintenance of vc any timber inion of tion, operation or to enter upon land xercising the rights sary or convenient ce of said ses described above. 1057153 PROJECT s not engaged in the & ght to grant rights 1236618 create and unsafe E herein. ngs, structures or created within the allow ready access six feet (6') on the nted transformer. If ysical conflict with t of written request pon Easement Area f said facilities (a) tion as estimated NTEE, at no cost, cilities. Upon the cancelled as to the ed by GRANTOR. TOR shall pay to cover the actual . ., GRANTOR covenants not to interfere with GRANTEE's fuciIities within the Easement Area in GRANTOR's prcmises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from any and all damagcs and injurics, whether to persons or property, resulting from interferenCe with GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees. GRANTEE agrees to indelIlI1i1Y and hold GRANTOR hannIess fur, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable c.are in thc construction, reconstruction, opcmtion or maintenance of GRANTEE's facilities located on the above described easement. 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 havc qniet and peaceful possession, use and enjoyment of this easement. Ail 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_. GRANTOR: ATTEST: Name of Corporation Secretary President Printed or Type Name Printed or Type N/lllIe SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s) mailing address: Signature of First Witness Print or Type N/lllIc of First Witness Signature of Second Witness Print or Type N/lllIe of SccOlld Witness State of ss County of by The foregoing Eascment was acknowledged before me this and day of .200~ , its President and its Secretary, , a rcspeetively of - (statc) Corporation, on behalf of the Corporation who arc personally known to mc or who have produced as identification and who did/did not take an oath. CORPORATE SEAL NOTORYSEAL -~--------------_._-~_.~.__..__.._- Name: Notary Public Serial Number: My Commission Expircs: EXHIBIT "A" PROGRESS ENERGY FLORIDA, INC. GRANTOR: CITY OF OCOEE PARCEL ill NUMBER: 06_22_28_0000-00-005 & 06_22_28_9244-18-000 PROJECT NUMBER: 1057153 & 1236618 LEGAL DESCRlPTION Tract R, WESTYN BAY PHASE 1, according to the Plat thereof recorded in Plat Book 54, stPage 29,.ofthe Public Records of Orange County, Florida. AND; A portion of Southwest 1/4 of Section 06, Township 22 South, Range 28 East, Orange County, Florida lying North of the West Orange Trail, West ofOcoee Apopka Road and Southwesterly ofWESTYN BAY PHASE 1, recorded in Plat Book 54, at Page 29, Orange County, Florida & part of the Northwest 1/4 of Section of Section 06, Township 22 South, Range 28 East, Orange County, Florida, lying Southwesterly ofWESTYN BAY PHASE I, recorded in Plat Book 54, at Page 29, Orange County, Florida & part of the Northeast 1/4 of Section 0 I, Township 22 South, Range 27 East, Orange County, Florida, lying SouthwesterlyofWESTYN BAY PHASE 1, recorded in Plat Book 54, at Page 29, Orange County, Florida & part of the Northwest 1/4 of Section 01, Township 22 South, Range 27 East, Orange County, Florida, lying Southeasterly of Lake Apopka & part of the Southwest 1/4 of Section 01, Township 22 South, 27 East, Orange County, Florida, lying Southeasterly of Lake Apopka & part of the Southeast 1/4 of Section 01, Township 22 South, Range 27 East, Orange County, Florida, lying Northwesterly of the West Orange Trail (LESS part lying Southerly of the following descn1Jed line; Begin at the Southwesl corner of Section 06, Township 22 South, Range 28 East, Orange County, Florida, run West 840.91 feet, continue West 116.69 feet, thence North 907.5 feet, thence West 1200.16 feet, thence North 16 feet, thence West 3099.87 feet, more or less to Lake Apopka) & LESS Orange County School property descnbcd as follows: A parcel of land located in the Southwest 1/4 of Section 6, Township 22 South, Range 28 East, and the Southeast 1/4 of Section I, Township 22 South, Range 27 East, Orange County, Florida, said parcel being more particularly described as follows; Conunence at the intersection of the Westerly right of way of Ocoee-Apopka Road (County Road #437), and the Northerly intersection of the West Orange Trail, according to surveys on file with the Orange County Parks Department as published by Jones, Wood & Gentry, Ine.; thence from said intersection run South 73031'19" West along the North right of way of said West Orange Trail a distance of 535.38 feet to the Point of Beginning; thence along said right of way of the West Orange Trail run the following five courses: South 73OJ1'19" West, a distance of 323.73 feet to the point of curvature of a curve to the left, having a radius of 1443.90 feet, and a central angle of 28035'33"; thence along the arc of said curve a distance of 720.55 feet to the point of tangency; thence South 44055'46" West, a distance of 392.91 feet to the West line of Section 6, Township 22 South, Range 28 East; thence North 00020'26" West, along said line, also being said right of way, a distance of 18.98 feet; thence leaving said section line continue along said right of way South 44055'46" West, a distance of516.79 feet; thence leaving said right of way run North 89016'32" West, adistanee of496.14 feet to a point on a non-tangcnt curve concave Easterly, having a radius of 500.00 feet, a chord bearing of North 06000'26" West, and a chord distance of 104.65 feet; said curve also being the right of way of the extension of West Road, as proposed on January 16, 2003; thence run along said right of way the following eight courses: run Northerly along the arc of the aforesaid curve through a central angle of 12000'52", a distance of 104.85 f(X.l't to tile point oftangcney; thence North 000()()'00" East, a distance of 728.41 feet to the point of curvature of a curve to tIIC rigllt, having a radius of 706.27 fi:ct, and a central angle of 55024'23"; thcnce along the arc of said curve a distance of 682.98 feet to thcpoinl oftangeney; thence North 55024' 17" East, a distance of 436.87 fi:d: to tile point of curvature of a curve to the right, having a radius of 2210.00 feet, and a centraI angle of 10008'29"; thence along the arc of said curve a distance of39\.18 feet to the poittt oftangcncy; thence North 65032'44" East, a distanee of 228.75 feet to the point of curvature of a curve to the right, having a radius of 10.00 feet, and a central angle of 50028' 12"; thence along the arc of said curve a distance of 8.81 feet to the point of reverse curvature of a curve to the left, having a radius of 100.00, and a central angle of31028'l1"; thence along the arc of said curve a distance of 54.93 feet to the point of reverse curvature of a curve to the right, having a radius of 10.00 feet, and a centraI angle of 69003'11"; thence along the arc of said curve a distance of I2.05 feet to the point oftangcncy; said point being on the Southwesterly right of way of an un-named road, as proposed on January 16, 2003; thence along said right of way the following five courses: thence run South 26"24'07" East, a distance of26.74 feet to the point of curvature of a curve to thc left, having a radius of280.00 feet, and a central angle of23004'37''; thence along the arc of said curve a distance of 112.78 feet to the point oftangcney; thence South 49028'43" East, a distance of487.82 feet to the point of curvature ofa curve to the left having a radius of 855.00 feet, and a centraI angle of 15015'39"; thence along the arc of said curve a distance of 277.73 feet to the point of tangency; thence South 64044'21" East, a distance of 175.18 feet to the intersection of the aforesaid right of way, and the Westerly right of way of a second un-narned road; as proposed on January 16, 2003; thence along said right of way the following three courses; thence run South 25015'39" West, a distance of 28.46 fet,1 to the point of curvature of a curve to the left, having a radius of 230.00 feet, and a central angle of 41007'10"; thence along the arc of said curve a distance of 165.06 feet to the point oftangeney; thence South 15051'31" East, a distance of 46.09 feet to the Point of Beginning.