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Home My WebLink AboutV(E) Approval to Grant a 10 Foot Wide Distribution Easement to Progress Energy for Burial of Power Lines on Bluford Ave., North of McKey St. Agenda 7/6/04 Item V. E. Mayor ��e Curter of Good Li Commissioners r S. Scott Vandergrift ,.,.+1" .,�, _, Danny Howell,District 1 Scott Anderson,District 2 Acting City Manager Rusty Johnson, District 3 V. Eugene Williford, III — Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Robert B. Zaitooni, P.E., Deputy Director Public Works DATE: July 6, 2004 RE: Progress Energy Distribution Easement ISSUE: Should the Honorable Mayor and City Commissioners grant a 10'wide distribution easement to Progress Energy for burial of power lines on Bluford Avenue, north of McKey Street? BACKGROUND AND DISCUSSION: As a critical component of the McKey Street revitalization project, Progress Energy has agreed to bury the overhead power lines and poles at the intersection of Bluford Avenue and McKey Street and throughout Mckey Street. The underground duct bank along Bluford Avenue for the burial of the lines between existing service poles will require granting a Distribution Easement to Progress Energy. This will be a non-exclusive easement so other utilities including Bright House Networks will also share the easement to construct their underground ducts. This easement will not interfere with construction of the future veterans monument planned for the northeast corner of the intersection of Bluford Avenue and McKey Street. As described in the attached Agreement, the 10-foot wide easement is the area directly adjacent to Bluford Avenue right-of-way north of McKey Street right-of-way for a distance of 188 feet. RECOMMENDATION: Staff respectfully requests the Honorable Mayor and City Commission grant the distribution easement to Progress Energy; and authorize the Mayor and City Clerk to execute the Easement Agreement. Department of Public Works,301 Maguire Road,Ocoee,FL 34761 Phone: (407)905-3170,Fax: (407)905-3176,www.cLocoee.fl.us Progress Energy DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns("GRANTOR"),in consideration of the mutual benefits,covenants and conditions herein contained,did grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA,INC., 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, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to telecommunication providers or other customers by GRANTEE or others, said o facilities being located in the following described"Easement Area"within GRANTOR'S premises in Orange County, m to wit: O A 10 foot wide Easement Area defined as comprising the West 10 feet,lying adjacent to and abutting the street right-of-way,of the following described property. to Lots 1,2,3 and 4, Block D,MARION PARK,according to the Plat thereof as recorded in Plat Book L, at Page 48,of the Public Records of Orange County,Florida. y�y C Tax Parcel Number: 17-22-28-5504-04-011 O :h The rights herein granted to GRANTEE by GRANTOR specifically include: (a)the right for GRANTEE to p patrol,inspect,alter,improve,repair,rebuild,relocate,and remove said facilities;further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction,repairs, alteration,replacement,relocation or removal as a result of GRANTEE's safe and efficient installation,operation or maintenance of said facilities; (b)the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities;(c)the reasonable 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 reasonable right for GRANTEE to trim or remove any timber adjacent to,but outside the Easement Area which,in the reasonable 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 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. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create and unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. 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 (1') on the other three sides of any pad mounted transformer. If GRANTOR's future g 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 o n 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 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 �r••r+r ti-^i .i f�rilitirc GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Arca 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. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages to the extent permitted by law incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable care in the construction, reconstruction, operation 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 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 51- ( ii-TTAcE- GRANTOR: CITY OF OCOEE ATTEST: Name of Corporation Secretary President Printed or Type Name Printed or Type Name SIGNED,SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s)mailing address: Signature of First Witness Print or Type Name of First Witness Signature of Second Witness Print or Type Name of Second Witness State of ) ) ss County of ) The foregoing Easement was acknowledged before me this day of ,200 by and its President and its Secretary, respectively of . a _(state) Corporation, on behalf of the Corporation who are personally known to me or who have produced Progress Energy Distribution Easement Lots 1, 2,3 and 4,Block D, MARION PARK,Plat Book L, Page 48,of Public Records of Orange County, Florida ATTEST: GRANTOR: CITY OF OCOEE,FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON ,2004 This day of , 2004 UNDER AGENDA ITEM NO. FOLEY& LARDNER LLP By: City Attorney 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 VADERGRIFT 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 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_ , 2004. 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