HomeMy WebLinkAbout08 Approval of Easement with Duke Energy Florida, LLC for the Ocoee Regional Law Enforcement Training Facility
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: February 3, 2026
Item #: 8
Contact Name: Stephen Krug Department Director: Stephen Krug
Contact Number: Ext. 6002 City Manager: Craig Shadrix
Subject: Approval of Easement with Duke Energy Florida, LLC, for the Ocoee Regional Law
Enforcement Training Facility. (Public Works Director Krüg)
Background Summary:
As part of the City's Regional Law Enforcement Training Facility construction, Duke Energy Florida, LLC,
requires an Easement to provide and maintain the facility's electrical service feed from the right of way to the
electrical meter. Public Works is requesting approval of the attached Easement granting Duke Energy access
to provide and maintain electrical service to the facility. The cost to construct the power feed is already
incorporated into the project. Public Works recommends approval of the Easement.
Issue:
Should the Honorable Mayor and City Commission approve the Duke Energy Easement for the Regional Law
Enforcement Training Facility?
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve the Easement with Duke Energy
Florida, LLC, for access to provide and maintain electrical service to the Regional Law Enforcement Training
Facility.
Attachments:
1. Easement
Financial Impacts:
There is no financial impact to the project for execution of the Easement.
Type of Item: Consent
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For Grantee's Internal Use:
Work Order #: 59990989-10
Page 1 of 4
Prepared by:
Return To:
Duke Energy Florida, LLC
Duke Energy Florida, LLC
Attn: Chris Pickens
2166 Palmetto Street
Clearwater, FL 33765
Mail Code: CWBAYG
Parcel # 07-22-28-0000-00-003
EASEMENT
State of Florida
County of Orange
THIS EASEMENT (“Easement”) is made this ____ day of _____________ 20____, from CITY
OF OCOEE, a municipal corporation created by and existing under the laws of the State of Florida
(“Grantor”, whether one or more), to DUKE ENERGY FLORIDA, LLC, a Florida limited liability
company, Post Office Box 14042, St. Petersburg, FL 33733 (“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, patrol, 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 "Exhibit A" attached hereto and
incorporated herein by reference (“Property”).
The Facilities may be both overhead and underground and located in, upon, over, along, under,
through, and across a portion of the Property within an easement area described as follows:
A strip of land ten feet (10') in uniform width, lying equidistant on both sides of a centerline,
which centerline shall be established by the center of the Facilities as installed, (hereinafter referred to as
the "Easement Area").
The rights granted herein include, but are not limited to, the following:
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For Grantee's Internal Use:
Work Order #: 59990989-10
Page 2 of 4
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 opinion of Grantee, might fall upon the Easement
Area or interfere with the safe and reliable operation of the Facilities.
4. Grantee shall have the right to install necessary guy wires and anchors extending beyond the
boundaries of the Easement Area.
5. Grantee shall have the right to relocate the Facilities and Easement Area on the Property to
conform to any future highway or street relocation, widening, or alterations.
6. 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 of
the rights granted herein to Grantee. Grantee shall have the right to remove any such structure,
improvement, facility, or obstruction at the expense of Grantor.
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. The rights granted in this Easement include the right to install Facilities wherever needed on the
Property to serve future development on the Property and adjoining lands. Portions of the
Facilities may be installed immediately and other portions may be installed in the future as the
need develops. Facilities installed in the future shall be installed at locations mutually agreeable
to the parties hereto if they are to be located outside of the Easement Area. Upon any future
installations of Facilities at mutually agreed locations, the Easement Area shall be deemed to
include such future locations.
10. All other rights and privileges reasonably necessary, in Grantee's sole discretion, for the safe,
reliable, and efficient installation, operation, and maintenance of the Facilities.
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 the
full 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.
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For Grantee's Internal Use:
Work Order #: 59990989-10
Page 3 of 4
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this ____ day
of ____________, 20____.
Witnesses:
CITY OF OCOEE
a municipal corporation created by and existing
under the laws of the State of Florida
(Witness #1)
RUSTY JOHNSON, MAYOR
Printed Name:
Address:
Grantor(s) Mailing Address:
(Witness #2)
Printed Name:
Address:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this ____ day of ____________, 20____ by RUSTY JOHNSON, MAYOR of CITY
OF OCOEE, a municipal corporation created by and existing under the laws of the State of Florida, on
behalf of the municipal corporation. He is personally known to me or has produced
____________________ as identification.
Notary Public:
Printed/ Typed Name:
Commission Expires:
This instrument prepared by Manny R. Vilaret, Esquire, 10901 Danka Circle Suite C, St. Petersburg, FL 33716.
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For Grantee's Internal Use:
Work Order #: 59990989-10
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Exhibit A
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