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Home My WebLink About12-03-2019 Emergencey Item - Duke Energy Easement on City Property (Inspiration Roadway Lighting) 0CO ? ? florida AGENDA ITEM COVER SHEET Meeting Date: December 3, 2019 Item #: Erntncy Ve 1y, Reviewed By: Contact Name: Mike Rumer, Develop Department Director: Services Director Contact Number: Ext. 1018 City Manager: Robert F joiafri..1".°6 Subject: Duke Energy Easement on City Property(Inspiration Roadway Lighting Commissioner District#3—Richard Firstner Background Summary: Duke Energy is planning a lighting project for the roadway at the Inspiration Town Center project. The City of Ocoee was deeded the property fee simple by Heller Bros. under a development agreement and was unable to be included in the Plat for Inspiration, which would have formally designated the land a public right-of-way and would have included all necessary public easements. Since the roadway will not be incorporated in a plat, easements are required by Duke Energy to install lighting along the roadway, Duke Energy will require a Distribution Easement be granted to them by the City. City staff has reviewed the proposed Easement and finds that granting the Easement to Duke Energy will not interfere with the City's plans for the roadway. Issue: Should the Honorable Mayor and City Commission approve the grant of an Easement to Duke Energy for a lighting project for the roadway at the Inspiration Town Center project? Recommendations: Staff respectfully recommends that the Honorable Mayor and City Commission approve the grant of an Easement to Duke Energy for a lighting project for the roadway at the Inspiration Town Center project and authorize the Mayor and City Clerk to execute the Easement. Attachments: Easement for Inspiration Town Center Financial Impact: There is no cost to the City to grant the Easement. Type of Item: (please mark with an "x) E Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ® Consent Agenda ❑ Ordinance Second Reading 0 Public Hearing O Resolution 0 Regular Agenda ® Commission Approval 1 ❑ Discussion& Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby Collier Reviewed by Finance Dept. Reviewed by 2 ORANGE COUNTY,FLORIDA STR:30-22S-28E Work Request#:29403100(Lighting) Address:Tomyn Blvd.,Ocoee,FL 34761 EASEMENT THIS EASEMENT ("Easement") from the CITY OF OCOEE, a Florida municipal corporation,whose post office address is 150 North Lakeshore Drive, Ocoee, Florida 34761 ("GRANTOR," whether one or more) to DUKE ENERGY FLORIDA,LLC.,a Florida Limited Liability Company,d/b/a DUKE ENERGY,Post Office Box 14042,St.Petersburg,Florida 33733, and its successors,lessees,licensees,transferees,permittees,apportionees, and assigns("GRANTEE"); WITNESSETH: THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto GRANTEE,the perpetual right,privilege,and easement to install,operate and maintain in perpetuity,such Facilities as may be necessary or desirable for providing electric energy and for communication purposes over, under, upon, across,through and within the following described lands in Orange County,Florida,and referred to hereinafter as the Easement Area to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's Facilities to be installed at mutually agreeable locations over, under, across, through and within the following described property to accommodate present and future development: See Exhibit"A"attached hereto and by this reference made a part hereof. Tax Parcel Number: 30-22-28-0000-00-075 The rights herein granted to GRANTEE by GRANTOR specifically include the right: (a)for GRANTEE to patrol, inspect, alter, improve, add to, repair, rebuild, relocate, and remove said Facilities; (b) for GRANTEE to increase or decrease the voltage and to change the quantity and type of Facilities; (c) ingress and egress over the Easement Area and over portions of GRANTOR's adjoining property for the purpose of exercising the rights herein granted;(d)to trim,cut or remove from the Easement Area,at any time,trees,limbs,undergrowth,structures or other obstructions;(e)to trim,cut or remove and to keep trimmed or remove dead,diseased,weak or leaning trees or limbs outside of the Easement Area which, in the opinion of GRANTEE,might interfere with or fall upon the Facilities;(f) to allow third parties to attach equipment to the Facilities including but not limited to wires,cables and other apparatus; (g)and all other rights and privileges reasonably necessary or convenient for GRANTEE's safe,reliable and efficient installation, operation, and maintenance of the Facilities and for the enjoyment and use of the Easement for the purposes described herein. Failure to exercise the rights herein granted to GRANTEE shall not constitute a waiver or abandonment. GRANTOR shall have the right to use the Easement Area in any manner that is consistent with the rights granted to GRANTEE herein;provided however,without the prior written consent of GRANTEE,GRANTOR shall not(a)place,or permit the placement of,any obstructions within the Easement Area including but not limited to,any building, house, or other above-ground or underground structure, or portion thereof. If obstructions are installed adjacent to the Easement Area,they shall be placed so as to allow ready access to GRANTEE's facilities and provide a working space of not less than ten(10)feet on the opening side,six(6)feet on the back for working space and three (3)feet on all other sides of any pad mounted equipment;(b)excavate or place,or permit the excavation or placement of any dirt or other material upon or below the Easement Area; or(c)cause,by excavation or placement of material, Page 1 either on or off the Easement Area, a pond, lake, or similar containment vehicle that would result in the retention of water in any manner within the Easement Area. GRANTEE shall have the right to remove any such obstruction(s)at GRANTOR's expense. Excluding removal of vegetation and obstructions as provided herein, any physical damage to the surface of the Easement Area and/or GRANTOR's adjoining property caused by GRANTEE or its contractors shall be repaired to a condition reasonably close to the previous condition.The rights and easement herein granted are exclusive as to entities engaged in the provision of electric energy service and GRANTOR reserves the right to grant rights to others affecting said Easement Area provided that such rights do not create an unsafe condition or conflict with the rights granted to GRANTEE herein. 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 Grantor has executed this Easement on the day and year first above written. Signed, Sealed and Delivered in our Presence: CITY OF OCOEE,a Florida municipal corporation By: Print Name: RUSTY JOHNSON Witness Mayor Print Name: Witness Attest: MELANIE SIBBITT City Clerk Grantor's address: 150 N. Lakeshore Drive Ocoee,Florida 34761 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2019. SHUFFIELD LOWMAN&WILSON,P.A. By: City Attorney APPROVED BY THE CITY COMMISSION AT A MEETING HELD ON , 2019 UNDER AGENDA ITEM NO. . Page 2 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 RUSTY JOHNSON and MELANIE SIBBITT well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, 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. Signature of Notary Public (Seal) Type, Print or Stamp Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: Prepared By:Bruce C.Crawford,Esq. Return to:Duke Energy Crawford&Owen,P.A. Attn:Land Services 10901 Danka Circle 452 East Crown Point Road Saint Petersburg,Florida 33716 Winter Garden,FL 34787 e SKETCH OF DESCRIPTION EXHIBIT A- . DESCRIPTION ` COMMENCE ATTHE EAST 1/4 CORNER OF SECTION 30,TOWNSHIP 22 SOUTH,RANGE 28 EAST,ORANGE COUNTY,FLORIDA;THENCE RUN$8911.30•W ALONG THE SOUTH \ UNE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 30 A DISTANCE OF 50.00 FEET TO THE SOUTH EAST CORNER OF INSTRUMENT#2018020358$AND THE WEST RIGHT-Of-WAY UNE OF MAGUIRE ROAD;THENCE CONTINUE 93911.30•1V ALONG SMD SOUTH UNE A DISTANCE OF 126.43 FEET FOIA POINT OF BEUNTNNO; THENCE 500'0716"E A DISTANCE OF 114.95 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 34000 FEET.ACHDRD BEARING OF S23+1'11"W,A CHORD DISTANCE OF 276.30 FEET,RUN THENCE SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 47'56'54•,A DISTANCE OF 28433 FEET, THENCE 547'49'36"W A DISTANCE OF 199.21 FEET TOA POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY,WAVING A RADIUS OF 39.40 FEET,A CHORD BEARING OF 931'15'301,A CHORD DISTANCE OF 59.55 FEET,RUN THENCE SOUTHWESTERLY THROUGH A CENTRAL ANGLE Of snow,A DISTANCE OF 6721 FEET; THENCE 547'4848"40 A DISTANCE OF CAO FEET TO THE NORTH RIGHT-OF-WAY UNE Of TOWN BOULEVARD THENCE Nt2'10'22•W ALONG SAID NORTH RGHT-OF-WAY UNE A DISTANCE OF 150.00 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE NORTHEASTERLY,HAVINGA MORA OF 2500 FEET,A CHORD HARING OF 5871U2YE.A CHORD DISTANCE OF 3536 FEET,RUN THENCE SOUTHEASTERLY TMIOUGH A CENTRAL ANGLE OF 909000',A DISTANCE Of 3937 FEET;THENCE 1447'49'318"E A DISTANCE OF 21921 FEET TOA POINT OF CURVATURE ON A CURVE CONCAVE NORTHWESTERLY,HAVING A RADIUS Of 260.00 FEET,ETA CHORD BERRINB CO N2311.11'E,A CHORD DISTANCE OF 211.29 FEET,RUN THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 47'56'54",A DISTANCE OF 217.5E FEET;THENCE NODI•OYI W A DISTANCE OF 114.46 FEETTO THE SOUTH WEE OF INSTRUMENT#20180203585 AND THE SOUTH LINE OF TIE SOUTHEAST 1/4 Of THE NORTHEAST 1/4 OF SAID SECTION 30;THENCE NB9'31'30"E ALONG SAID SOUTH LINE A DISTANCE OF 60.00 FEET THE POINTOF 6EGINNING. CONTAINS 49,517 SQUARE FEET OR 1.1366 ACRES MORE OR LESS. 589'31'30"40 S0.00� PARCEL 30.22-28.000600-004 SE COMER I iNSTNIIME TRm14o10376sj INSTRUMENT#20180203585 POB ____ ____________ ------- -- --- -----------�----- 7 588'3140'40 156.72' 4„ 568'313040 62603' / s.URE,SE U4.NE AND I A- SSCTI ON ENT I2O WS 's F. INSiRUMTMT IR014020338] POC I PARCEL 30.22-28-0000-06013 j �$ P- E.14 SCCS N SO -m I ORB 2665 PG 633 �"$ FRO SK.E I ILLEGIBLE i cQIN#0IE2N66297 � CURVE DATA I A-47.5654• I R•280.00' I 1.217.58' I CHORD I N23'S1'11'E I A-90 DATA 211.29' CURVE DATA 6B is MOO' ,t.• Ae 47'56'54" (//1 • x•340.00' BR 1 LCHORD LCH20RD PARCEL 30-22-28-0000-00-013 ?7 ` • `. 036'"E s2rs6'1111w ORB 2665 PG 633 • -1 N I 4 .41 c" I ...2_r 4ti,�43 .. I °9By PC , CURVE EIOO16- •W - 1 E II `\ *Vt. R•39.40• Cb, .y?- G Lc 67.51•CHORD I I 4,..oT S. - 9j; S 'S0'E 5 --\ ''lb bs '0'fks I `\ 'kb' ,Q„ I AI 4 I \ -.r\ I THIS SKETCH IS NOT A BOUNDARY SURVEY. MB SO- J3 — g��QN�� CFI E: NEtIER-SKETCH PREPARED FOR:HELLER BROS.GROVES AND THE CITY OF OCOEE TE: 9 49197 CURVE HIH • REARING STRUCTURE IS ASSUMED M40 BASED ON THE SOUTH LINE OF PARCEL DRA N SNOT — —30-22-2t2700-00013 BONG:SB9'31'30'W. 1116 SEROL MUTE THE"STMEOM46 OF FSPCIEE•AS LEGEND KRUM RT OYASER SAO FLORIDA DOAK CO UTO E C INNOTE PO KM RMYCIOR MQMNT TO SECTION 472017 OF 716 CALL CENT[AluRAL ATEO FOB POINT Cr RINMIMIB HONDANUUTE3. ACCURIGHT ► D. CENTRAL&KU °°` POINT OF ' 441/ {-// co OEFO RDOG COMMOICEM!NT � � ll �// �� II ORAWHAM CURVATURE FTC POINT OFWARM OF TMIWN DOCS DOCUMENT# CUlVATIAE MAT FASEME0 R gHTTURE [HLT ROMA K.S M 579 ACCURIGHT SURVEYS L ARC IE66M WW RIGHT OF WAY DIE OFFICIAL ECOIDS BOCK R RM3RS 'RIOT VAUOWTHGUT THE ORIGNEALSG TUEMAS SEM OF ORLANDO INC.,LB 4475 PAN RAT IL MEASURED 1W TYPICAL OF TN6ROMA UQIISEO SIMVET4LAl0 MMNIA'012012E.Robinson SHOO Orlando,Florida 32603 PF NAT BOOK OF unuW EASEMENT DIGITAL SEM APPEARING arms DOCUEYET R06 PC POINT OF CURVATURE NT AEON-TANGENT ANTRDRGER IT RONMD K.SHAH,PSM SKI. NwwAauNahOun a.n#t FDIC PONT OF COMPOUND AdhbnOACCUNVIRSUIwyL.n4I CWVA73AE I �.,�yyS 171 140718946314 1:�CNMRE O224TW9Yd4&13�22iERL OKEl.>olf CONFECAND INK..1170.MAKYiNTSURVES Page 4