HomeMy WebLinkAboutItem 09. Approval of Duke Energy Easement
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: April 18, 2023
Item #: 9
Contact Name: Milen Womack Department Director: Stephen Krug
Contact Number: Ext. 6013 City Manager: Robert Frank
Subject: Approval of Duke Energy Easement on Ocoee Crown Point Parkway Extension.
(Public Works Director Krug)
Background Summary:
Duke Energy approached the City for an easement to install a new feeder line for residents and a new school
currently under construction. The feeder line will be installed on City property (Parcel ID 01-22-27-0000-00-
016) which will be the future right-of-way of Ocoee Crown Point Parkway once the roadway is extended to
East Crown Point Road. The easement is necessary for Duke Energy to install and maintain facilities within
the City property. Public Works has worked with Duke Energy and the City Attorney on the language for the
easement. Public Works recommends the Honorable Mayor and City Commissioners approve and sign the
Duke Energy Easement.
Issue:
Should the Honorable Mayor and City Commissioners approve and sign the Duke Energy Easement?
Recommendations:
City Staff Recommends the Honorable Mayor and City Commissioners approve and sign the Duke Energy
Easement.
Attachments:
1. Duke Easement
2. Duke Easement Exhibit A
Financial Impacts:
There is no financial impact associated with this easement.
Type of Item: Consent
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THIS INSTRUMENT PREPARED BY AND AFTER
RECORDING SHOULD BE RETURNED TO:
ROBIN G. DRAGE, ESQ.
SHUFFIELD, LOWMAN & WILSON, P.A.
1000 LEGION PLACE, SUITE 1700
ORLANDO, FL 32801
407-581-9800
EASEMENT
THIS EASEMENT ("Easement") made this day of 2023 ("Effective Date"), by
and between the City of Ocoee, Florida, a municipal corporation whose address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 ("GRANTOR”) and DUKE ENERGY FLORIDA,
LLC, a Florida limited liability company whose address is Post Office Box 14042, St. Petersburg,
Florida 33733 ("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 more particularly described as:
SEE EXHIBIT “A” ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE.
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.
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
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within the Easement Area including but not limited to, any building, house, or other above-ground
or underground structure, or portion thereof; (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, 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.
[SIGNATURES TO FOLLOW]
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GRANTOR
CITY OF OCOEE
By:
Rusty Johnson, Mayor
ATTEST:
Melanie Sibbitt, City Clerk
Approved as to Form:
Scott Cookson, City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ____ day of ____________, 2023, by
______________________, as ______________________ of the City of Ocoee, Florida, a
municipal corporation of the State of Florida, on behalf of the City of Ocoee, Florida. He/she
appeared by (check one) physical appearance or online notarization, and (check one) is
personally known to me or has produced ______________ as identification.
(Notary Seal) Print Name: __________________________
Notary Public: ________________________
Commission Number: ___________________
My Commission Expires: _________________
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Exhibit “A”
Legal Description
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SGC ENGINEERING, LLC
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SGC ENGINEERING, LLC
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