HomeMy WebLinkAboutItem #03 - Progress Energy Easement, Wesmere TownhomesAGENDA ITEM COVER SHEET
Meeting Date: May 1, 2007
Item # 3 1
Reviewed By:
Contact Name: Ryan P. Howard, E.I. Department Director:
Contact Number: (407) 905-3100 ext. 1506 City Manager: n
Subject: Progress Energy Easement Relating to Underground Relocation at Wesemere
Townhomes
Background Summary:
Progress Energy is requiring the City of Ocoee to grant an easement over a portion of a stormwater
pond tract in order to relocate underground the existing overhead power. The Stormwater Pond
Tract is located on the north side of the Maguire Road Townhome entrance located across from
Wesmere Parkway. This is part of a Condition of Approval with Wesmere Properties to underground
existing overhead utilities on the east side of Maguire Road from the Turnpike to their southern
property line. Progress Energy will not locate underground utilities within public right-of-way and
requires a separate easement. Wesmere Townhomes is also granting an easement within their
property along Maguire Road to facilitate this relocation.
Issue:
The Engineering Department requests that the Mayor and City Commission approve granting this
easement to Progress Energy.
Recommendations
City Staff recommends approval of the Progress Energy Distribution Easement as submitted and
authorize the Mayor and City Clerk to execute the distribution easement..
Attachments:
Progress Energy Distribution Easement.
Financial Impact:
►=
Type of Item:
Public Hearing
Ordinance First Reading
Ordinance First Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use:
fy Consent Agenda
❑ Public Hearing
❑ Regular Agenda
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ❑ N/A
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 facilities being
located in the following described `Basement Area" within GRANTOR'S premises in Orange County, to wit:
A 20 foot wide Easement Area defined as comprising the West 20 feet of the following described property
Commence at the Southwest corner of Section 29, Township 22 South, Range 28 East, Orange County,
Florida; thence run North 00°39'02" West, along the West line of said Southwest % of Section 29, a distance of 447.90
feet; thence departing said West line, run North 89°20'58" East, 50.00 feet to a point on the East right-of-way line of
Maguire Road and the Point of Beginning; thence run North 00°39'02" West, along said East right-of-way line, parallel
with and 50.00 feet East of, perpendicular measure, said West line of the Southwest 't/4 of Section 29, a distance of
448.85 feet; thence run North 90°00'00" East, 144.36 feet; thence run South 00°39'02" East, 448.85 feet; thence run
South 90°00'00" West, 144.36 feet to the Point of Beginning.
Tax Parcel Number: 29-22-28-0000-00-097
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to
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 an 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 (P) 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
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 cover the actual
facilities.
This document prepared by R. Alexander Glerm
Return to: Progress Energy Florida, Inc.
3300 Exchange Place
Lake Mary, Florida 32746
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GRANTOR covenants not to interfere with GRANT 's gfacliepasement Area in GRANTOR's
premises, and GRANTOR further covenants to indemnify and hold Gfrom 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 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
ATTEST:
Secretary
Printed or Type Name
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Signature of First Witness
Print or Type Name of First Witness
Signature of Second Witness
Print or Type Name of Second Witness
State of
County of
)
ss
The foregoing Easement was acknowledged before me this
and
GRANTOR:
CITY OF OCOEE
Name of Corporation
.59E 147IAC14CD
President
Printed or Type Name
Grantor(s) mailing address:
day of , 200_, by
, its President and its Secretary, respectively
of
on behalf of the Corporation who are personally known to me or who have produced
identification and who did/did not take an oath.
CORPORATE SEAL
NOTARYSEAL
Name:
Notary Public
Serial Number:
My Commission Expires:
(state) Corporation,
as
ACCEPTED BY: CITY of OCOEE C(OF"Y
Attached
Attest:
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, APPROVED AS TO FORM
AND LEGALITY THIS DAY OF
, 2007.
FOLEY & LARDNER
By:
City Attorney
Date
APPROVED BY THE OCOEE CITY
COMMISSION IN A MEETING HELD ON
AGENDA ITEM NO.
2007 UNDER