HomeMy WebLinkAboutIII (C) Approval and Authorization for Mayor and City Clerk to Execute Florida Power Distribution Easement at Freedom Park Agenda 1-07-2003
Item III C
FOLEY : LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0276
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: December 31, 2002
RE: Florida Power Distribution Easement at Freedom Park
In order for Florida Power to install the electrical facilities needed for Freedom Park,
Florida Power is requesting that the City execute a Distribution Easement in favor of Florida
Power over a 30' by 10' piece of the Freedom Park property. The casement would give Florida
Power the right to install the necessary facilities, maintain the facilities and ensure that the City's
development of the property does not interfere with the installed facilities. City Staff has
reviewed the location of the easement and does not believe that the facilities will interfere with
the planned development of Freedom Park.
RECOMMENDATION:
In order to provide electrical service to Freedom Park it is respectfully recommended that
the Mayor and City Commissioners approve the attached Distribution Easement and authorize
execution thereof by the Mayor and City Clerk.
Attachment
006 280772. FOLEY 8,LARDNER
Florida Power
A Progress Energy Company
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and is) m
assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, did grant m
and 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 i" H
E.
to install, operate and maintain in perpetuity, such facilities as may he necessary or desirable for providing electric ,
energy and service and communication systems, whether to telecommunication providers or other customers by
GRANTEE or others, said facilities being located in the following described "Easement Area" within GRANTOR'S 114
premises in Orange County,to wit: q R
O n
Commence at the most Southwest corner of the following described property; run North 00"03'21" West O
for a distance of 225.00 feet; thence run South 89"56'52" West for a distance of 90.00 feet to the POINT OF O Z.
BEGINNING and CENTERLINE of a 30.00 foot wide casement area; thence run North 00°03'21" West for a m -
distance of 30.00 feet to the end of said easement area.
See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this n o
reference.
K L
71 O 0
Tax Parcel Number: 32-23-28-0000-00-057 O
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to O�
patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; (b) the right for GRANTEE to r"
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(I)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. Upon the completion of — w
the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal p
description was provided by GRANTOR. In the event facilities are located outside of this legal description, m n
GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual H
facilities.
(one's South Park
This document nteMrcd by Maine task!
Rcliml I0.Honda Posner
3250 nmmet Creek Road,Post Office Box I01,00
Lake Buena Vista Plonda 32810
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 he 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:
Signed, Sealed and Delivered CITY OF OCOEE, FLORIDA
in the Presence of:
By:
Print Name: S. Scott Vandergrift, Mayor
Print Name:
FOR USE AND RELIANCE ONLY BY ATTEST:
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
20 Jean Grafton, City Clerk
FOLEY& LARDNER (SEAL)
APPROVED BY THE OCOEE CITY
By: COMMISSION AT A MEETING
City Attorney HELD ON , 20
UNDER AGENDA ITEM NO.
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 20
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (it nut legible on sad):
My Commission Expires (if not legible on seal):
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Oran F Co FL 2i01-e490885
1e/89/2001 01359145p•
OR Bk S379 Pg 4700
THIS DOCUMENT PREPARED BY Roc 1e.50
AND SHOULD BE RETURNED TO:
Marcos R.March•na, Esq.
Marchena end Graham, P.A.
233 S. Semoran Blvd.
Orlando, FL 32807
This deed is exempt from Florida documantmy damp tax under Department of Revenue
Rules 12B-4.002(4)(a),128-4,014(10) and 12N.054(24) F.A.C. and Rasa 5pea0
201.02(6).
Warranty Deed
This Indenture, Made this 10'a day of October, 2001 A.D. Between
THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a public body corporate organized
and existing under the laws of the State of Florida
whose address is:445 West Amelia Street,Orlando.Florida 32801 , grantor,
and
THE CITY OF OCOEE, FLORIDA, a public body corporate organized and existing under the
laws of the State of Florida
whose address is: 150 N. Lakeshore Drive,Ocoee, Florida 34781
of the County of ORANGE , State of FLORIDA , grantee.
WITNESSETH that the GRANTOR, for and in consideration of the sum of TEN AND NO/I00 DOLLARS
1$1000/end other good and valuable consideration to GRANTOR in hand Reid by GRANTEE,the receipt of
whereof is hereby acknowledged,has granted,bargained and sale to the said GRANTEE and GRANTEE'S heirs
and assigns forever,the following described land,situate,lying and being in the County.of ORANGE,State
of FLORIDA to wit:
Parcel ID: 32-22-28-0000-00008, 00009 and 00011
A PARCEL OF LAND LOCATED IN THE SW '%OF SECTION 32,TOWNSHIP 22 SOUTH,RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SW % OF SAID SECTION 32. THENCE NORTH
O°21'46" WEST ALONG THE EAST LINE OF THE SOUTHEAST OF THE SOUTHWEST 'F OF SAID
SECTION 32,A DISTANCE OF 807320 FEET TO A POINT; THENCE LEAVING THE EAST LINE OF THE
SOUTHEAST'% OF THE SOUTHWEST G OF SAID SECTION 32,SOUTH 89°56'52"WEST,A DISTANCE
OF 857 02 FEET TO THE POINT OF BEGINNING:
THENCE CONTINUE SOUTH 89°56'52"WEST, A DISTANCE OF 336.11 FEET TO A POINT;THENCE
NORTH O°03'21'WEST,A DISTANCE OF 225 FEET TO A POINT;THENCE SOUTH 89°58'52"WEST,
A DISTANCE OF 105,00 FEET TO A POINT;THENCE SOUTH 0°03'21"WEST,A DISTANCE OF 75.00
FEET TO A POINT; THENCE SOUTH 89°56'52' WEST, A DISTANCE OF 35.17 FEET TO A POINT;
THENCE ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 1250.00 FEET,A CENTRAL ANGLE OF
9°33'48' AND AN ARC LENGTH OF 208.63 FEET TO A POINT;THENCE NORTH 0°03'21' WEST A
DISTANCE OF 424.04 FEET TO A POINT LYING 15.00 FEET SOUTH OF THE NORTH LINE OF THE
SOUTHEAST % OF THE SOUTHWEST '% Of SAID SECTION 32; THENCE SOUTH 89°54'19" EAST
ALONG A LINE PARALLEL TO AND 15.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST '%
OF THE SOUTHWEST % OF SAID SECTION 32, DISTANCE OF 783.15 FEET TO A POINT; THENCE
LEAVING THE LINE PARALLEL TO AND 15.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST
4 OF THE SOUTHWEST % OF SAID SECTION 32,SOUTH 0°O1'15"WEST,A DISTANCE OF 98.21 FEET
TO A POINT', THENCE NORTH 89°58'45"WEST,A DISTANCE OF 79.16 FEET TO A POINT;THENCE
0° 01 15"WEST A DISTANCE OF 608.60 FEET TO THE POINT OF BEGINNING.
SALO PARCEL CONTAINS 9.0626 ACRES OF LAND, MORE OR LESS.
TOGETHER with all tenements. hereditaments and appurtenances thereto belonging of in anywise
appertaining.
TO HAVE AND TO HOLD. the same in fee simple forever.
AND the grantor does hereby covenants with said grantee that grantor is lawfully seized of said land In fee
simple:that grantor has good right and;awful authority to sell and convey said land:that grantor hereby fully
warrants the ntle to said land, and will defend the same against lawful clarme of all persons whomsoever
claiming by or through grantor.
MIkIIIIIIIIIIIIIII
OR Bk 6379 Pn 4701
Orange Co FL rill-NBBBBB
Recorded - Martha 0. Haynie
In Witness Whereof, the grantor has hereunto set their hand and seal the day end year first above
.written.
Signed. waled and d&lvered in our presence:
THE SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA, a body corporate
existing under the Constitution and
> _ i/�/J laws of the State of Florida
By: H�6ryy [ .�((�A
Printed Name (L/ Printed,244 Title �aLQt/_SS(SSyeSilll�•(['/YGN //T�{'1
Printed Herne /1 f'I-A JG SP/7 ZGria Attest: /1Xo t.
Printed Name
oita mitt p Qnn w ear
STATE OF FLORIDA
COUNTY OF ORANGE
The foreforegping mjtrumeent was acknowledged before me this 10th day of October, 2001
by CAI son LO/1J5 n/kiu as the (r hQ/rin.t.1/ of The School
Board of Orange County, Florida who is personally known to me or produced
as identification.
ISEALI Notary Public �
Printed Name rZ Aafriat xy/�.�gd'/lr.)
Pr p.�.n Put* My Commission Expires
ngmm,.rnm 0003.I Ie
i 4pn AWN a.ATY
TAX SEARCHEarl K. Wood
MUM TO Orange County Tax Collector
Property Tax Information
The Information contained herein does not constitute a title search and should not be relied on as such.
Number: 32-22-28-0000-00008 Owner 8 Address:
REAL ESTATE PROPERTY ORANGE COUNTY BPI
Requester IP: 209.211.240,4 Date: 8/30/2002 445 W AMELIA ST
ORLANDO FL 32 8 01-11 29
Tax Year: 2001
Total Assessed $788 550 Exemptions:
Value: Widow, Disability, or $788,550
Taxable Value: $0 Other:
Gross Tax Amount: $0.00 Homestead:
Millage Code: 65F OCOEE
Legal Description: COMM SE COR OF SW1/4 SEC 32-22-28 W 197.24 FT N 225 FT W 105 FT N
N 607.20 FT FOR POB TH W 994.99 FT 75 FT W 35.17 FT WLY 208.63 FT N .
Amount Due: ' NONE '
09/30/2002
Date Receipt Num. Amount Paid Date Receipt Num. Amount Paid
Non-Ad Valorem Assessments: ' NONE *
Unpaid Delinquent Taxes: ' NONE
Year Current Payoff If Paid In' Next Payoff If Paid In*
Other Comments:
THIS ACCOUNT IS EXEMPT
' UNPAID DELINQUENT TAXES MUST BE PAID BY A CASHIERS CHECK,MONEY ORDER.OR CERTIFIED FUNDS AND ARE DUE BY THE
LAST BUSINESS DAY OF THE MONTH.