HomeMy WebLinkAboutItem 07 Approval for the Granting a 10 Foot Easement on the New City Hall Site to Duke Energy ocoee
florlda
AGENDA ITEM COVER SHEET
Meeting Date: September 7, 2021
Item # 7
Reviewed By:
Contact Name: Department Director: Jamie Cr. Ai,/
Contact Number: 407-905-3159 City Manager: Robert Frank /r-
Subject: Approval for the Granting a 10 Foot Easement on the New City Hall Site to Duke Energy
Background Summary:
To serve the new City Hall site, Duke Energy has requested a 10 foot easement to install their electrical
lines. The lines will run in along Oakland Avenue on the north side of the property then run south along
the eastern edge of the project site to McKey Street where the transformer for the building will be set.
The easement and power lines are needed to serve the new City Hall. However, to help insure
continuous power, Duke will be running from the new City Hall transformer north along the same
easement to connect to a three-phase cabinet at the Lakeshore Center, looping the power system.
There attached plan from Duke Energy gives an overview of the work and the general location.
The easement has been reviewed by the City Attorney's Office.
Issue:
Staff is requesting the City grant Duke Energy a ten foot easement on the north and east sides of the
new City Hall site providing a pathway for power to be run to City Hall.
Recommendations:
Staff recommends that the Mayor and City Commission approve granting of this easement to Duke
Energy.
Attachments:
1. Proposed Duke Energy Work Plan
2. Duke Energy Easement Document
Financial Impact:
No financial impacted from granting the easement.
Type of Item: (please mark with an `x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading x Consent Agenda
Ordinance Second Reading Public Hearing.
Resolution Regular Agenda:
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Lo an 0 sahl N/A
Reviewed by Finance Dept. D 04 , N/A
Reviewed by N/A
2
Q USP:BREAKER M1096 Safety Reminders/Adverse Conditions ■ GPS: P1:28.570394,-81.543960
SAFETYFIrSt USPSWITCHGEAR PME-9 8331370 FUSE BAY 3 Fe+� ?: ..
US : (at 7:
►Acme C..uNTARn USP: .A,A ?: (L
►HATA.RECOGNITION USP: ?:
_ REMEMBER:Work zone area conditions may have changed for this jobl Everyone Is responsible for verifying the above safety information is correct prior to any work being performed each day.
1 P6
'�:1 :: ��^ 8546945
e.11� E-UG-TX-300k V A-120/208 V-ABC
NEW OPEN POINT
a `\
all /
1i11 t _-e.40_-_______:._.----$: - alb
t
N
; '\ P5 COMMERCIAL LOAD INFORMATION
L
® E-3-PHASE CABINET y - ___.—
1 P4 �'„+' BUILDING SIZE — 122,000 SF
�' l ; 8765020 POLL:-21144624-30-n 'i
1-PULLBOX POLL-501 an73-3u-6 MDP SIZE - I,200 AMP
1' V1 1-1/0 PRI SPLICE(ABC) �� VOLTAGE - 277/4801'
1 S4-250'
I , y;{-i '1 1 , 2 1-1/0 AL BPRI IABC
}�-�T ) KW DEMAND - 340 KW
\ POLE-e4R142.1S-Ihh.ewm ND AVg 1 r DUKL ENh_'RGY TO INSTALL LARGEST MOTOR - UNK
POLG9JR I11-I$-Unknown OAKLA >X CABLE IN CONDUIT VIA TRENCHLESS
M Cr
- ..»- -., SIZE - 600:5
i
8759958 _"~ ' '` BUSHING MOUNT - WALL-MOUNT
.................
I?-I'CLLROS .....--..- 0 \;' 0 SERVICE CONDUCTORS = 3SETS OF 600CU
: sI-Pon'" s1 1 : �.
03 I-I/0AL BPRI(ABC) ;i 4; `" 7
- CUSTOMER INSTALLED CONDUIT 14, 39548555
'`' `,/, Work Order Number
700 8765019 '% cmlomerlcontecl TONY JENKINS
el 1-I'ULLBOX ii-- '' 0, 407-719-9565
'" 2 E MCKEY ST I-I/O PRI SPLICE(ABC)- O comeDl Phone 2 E MCKEY ST
OCOEE,FL 34761 ' Job she Address st �'; City OCOEE
S2-an'
/-1/OAL BPRI(ABC) `�LI Iq; county ORANGE
CUSTOMER INSTALLED CONDUIT
PAD-83313'0 i,,‘ _,11, - State,Zip FL,34761
x- ; 11 :11 Designer DIANA IBARRA
1�' 53-340' Designer Phone 407-905-3323
1 i I; !-I/O AL BPRI(ABC)
SCOPE.OF WORK: E__ - CUSTOMER INSTALLED CONDUIT
RUN I/O BUNDLE PRIMARY IN CUSTOMER CONDUIT,
INSTALL 2 NEW PULLB(>XES,INSTALL 500kVA , ammo'o M1096
PADMOUNTED TRANSFORMER,DUKE ENERGY TO P,;,,,,,1,00n.w 12.47/7.2kV
PROVIDE;INSTALL.CONDUIT FOR S4 VIA TRENCHLESS !AC ST
E M P3 Permit Rests. Ye`NoX
DUKE ENERGY POC: -it.
PORN,TRHO
ENGINEERING DESIGN:DIANA IBARRA 8765021
PHONE:407-905-3323 I-UG-TX-500kVA-277/480V-ABC Penne Type/No.2
CUSTOMER INSTALLED PAD
SITE CONTACTS: - Pen.Type/No 3
WHARTON SMITH SUPERINTENDENT
Per.Type/No.TONY JENKINS 407-719-9565
POTENTIAL ELECTRIC,ELECTRICIAN r'DUKE Sheet 1 OF 1
REGINAL JACKSON 386.490-6172 ENERGY soie=1"=100'
Prepared by: Duke Energy Florida,LLC
Return to: Duke Energy Florida,LLC
Attn: Land Services
2401 25th Street N, SP-15
St.Petersburg,Florida 33713
EASEMENT
State of Florida
County of Orange
THIS EASEMENT("Easement")is made this day of 20 , from
CITY OF OCOEE, a Florida municipal corporation ("Grantor", whether one or more), to DUKE
ENERGY FLORIDA,LLC, a Florida limited liability company, ("Grantee").
Grantor,for and in consideration of the sum of One and 00/100 Dollar($1.00)and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant
unto Grantee a perpetual easement, to construct, reconstruct, operate, maintain, repair, replace, relocate,
add to, modify, and remove electric and communication lines including, but not limited to, all necessary
supporting structures, and all other appurtenant apparatus and equipment for the transmission and
distribution of electrical energy, and for technological purposes related to the operation of the electric
facilities and for the communication purposes of Incumbent Local Exchange Carriers (collectively,
"Facilities"). Grantor is the owner of that certain property described in Section 17, Township 22 South,
Range 28 East, Orange County,Florida, as recorded in Instrument Numbers 20020463906; 19980377477;
20130569414;20060805786;20190293843,Book 6622 at Page 4211,Book 5572 at Page 681,Book 10654
at Page 6439,Book 9011 at Page 3609, in the Public Records of Orange County, Florida(collectively,the
"Property"). The Facilities shall be underground, except as needed on or above the ground to supportthe
underground Facilities, and located in, upon, along, under, through, and across a portion of the Property
within an easement area described as follows:the northernly ten(10')feet in uniform width of Orange County
Tax Parcel ID Numbers: 17-22-28-5504-04-011; 17-22-28-5504-04-200; 17-22-28-5504-04-180; 17-22-28-
5504-04-160 and the easterly ten(10')feet in uniform width of Orange County Tax Parcel ID Numbers: 17-22-
28-5504-04-180 and 17-22-28-5504-04-110(hereinafter referred to as the"Easement Area").
The rights granted herein include,but are not limited to,the following:
1. Grantee shall have the right of ingress and egress over the Easement Area, Property, and any
adjoining lands now owned or hereinafter acquired by Grantor (using lanes, driveways, and
adjoining public roads where practical as determined by Grantee).
2. Grantee shall have the right to trim,cut down, and remove from the Easement Area,at any time or
times and using safe and generally accepted arboricultural practices, trees, limbs, undergrowth,
other vegetation, and obstructions.
3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times
and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or
leaning trees or limbs, which, in the reasonable opinion of Grantee, might fall upon the Easement
1
Area or interfere with the safe and reliable operation of the Facilities.
4. Grantee shall have the right to relocate the Facilities and Easement Area on the Property toconform
to any future highway or street relocation,widening, or alterations.
5. Grantor shall not place, or permit the placement of, any structures, improvements, facilities, or
obstructions,within or adjacent to the Easement Area,which may interfere with the exercise ofthe
rights granted herein to Grantee. Grantee shall have the right to remove any such structure,
improvement,facility, or obstruction at the expense of Grantor.
6. Grantor and Grantee each acknowledge and agree that Grantor's existing water line within the
Easement Area shall remain and shall not be disturbed and that Grantee's Facilities within the
Easement Area shall maintain a thirty-six (36") inch horizontal separation and a twelve (12")
inch vertical separation from the water line.
7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as
provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the
surface area of the Easement Area and Property resulting from the exercise of the rights granted
herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition
prior to the damage, and shall only be to the extent such damage was caused by Grantee or its
contractors or employees.
8. Grantee may increase or decrease the voltage and change the quantity and types of Facilities.
9. This Easement may only be modified,amended, altered,released,or revoked by written agreement
executed by the parties hereto,or their heirs, successors,or assigns,and filed in the Public Records
of Orange County,Florida.
10. This Easement shall be construed under and in accordance with the laws of the State of Florida.
Venue for any lawsuit filed relating to this Easement shall be in Orange County,Florida.
The terms Grantor and Grantee shall include the respective heirs,successors,and assigns of Grantor
and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the rights herein
granted shall not be construed as a waiver or abandonment of the right thereafter at any time,or from time
to time,to exercise any and all such rights.
TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors,
licensees,and assigns, forever. The rights and easement herein granted are exclusive as to entities engaged
in the provision of electric energy service. Grantor warrants and covenants that Grantor has thefull right
and authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful
possession,use and enjoyment of the same.
[SIGNATURE PAGE TO FOLLOW]
2
IN WITNESS WHFREOF,the Grantors have caused this instrument to be executed in its name the day
and year first above written.
Signed, Sealed and Delivered GRANTOR.
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
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA, APPROVED AS
TO FORM AND LEGALITY this day of
2021
SHUFFIELD LOWMAN&WILSON,P.A.
By
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized m the State and County
aforesaid to take acknowledgments, personally appear by means of❑ physical presence or ❑ online notarization
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 executmg 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.
-3-