HomeMy WebLinkAboutItem #07 Approval of Distribution Easement for Progress Energy Florida, Inc. on the South WTP Property
AGENDA ITEM COVER SHEET
Meeting Date: November 5, 2007
Item #
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Department Director:
City Manager:
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Contact Name:
Contact Number:
David A. Wheeler, P.E.
(407) 905-3100 ext. 1504
Subject: Distribution Easement for Progress Energy Florida, Inc. on the South WTP Property
Background Summary:
Progress Energy is requiring the City of Ocoee to grant a 10' easement centered over the
underground conduit on a portion of South Water Treatment Plant Property. This easement is
required in order to run a second feed to the WTP which will run from an existing transformer on the
WTP property across the Thornebrooke Relief Elementary site and continue along Tomyn Blvd. to
the existing transformer for the City Lift Station at Wesmere Properties. Both existing transformers
are currently on single feeds. Looping the system will provide multiple feeds to all three facilities.
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:
None
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
~ Commission Approval
o Discussion & Direction
For Clem's DeDf Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
o N/A
o N/A
o N/A
~ Progress Energy
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, pennittees, 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, by GRANTEE or others, said facilities being located in the following described "Easement Area" within
GRANTOR'S premises in Orange County, to wit:
A 10 foot wide Easement Area defined as lying 5 feet on each side of GRANTEE's facilities to be installed at
mutually agreeable locations over, across and through the following described property to accommodate present and future
development.
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A parcel of land located in Orange County, Florida, being described as follows: The South 400 feet of the East
525 feet of the West one-half (1/2) of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of Section 29, Township
22 South, Range 28 East.
Tax Parcel Number: 29-22-28-0000-00-092
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 'C
others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict :z
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with the rights granted to GRANTEE herein. 00
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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 (1') on the other three sides of any pad mounted transfonner. 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 Glenn
Return to: Progress Energy Florida. Inc.
3300 Exchange Place
Lake Mluy. Florida 32746
GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's
premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from 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 hannless 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, tenus, 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:
GRANTOR:
THE CITY OF OCOEE
Name of Corporation
President
Secretary
Printed or Type Name
Printed or Type Name
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Grantor(s) mailing address:
Signature ofFirst Witness
Print or Type Name of First Witness
Signature of Second Witness
Print or Type Name of Second Witness
State of
ss
County of
The foregoing Easement was acknowledged before me this
and
day of
,200_, by
. its President and its Secretary, respectively
of
, a
(state) Corporation,
on behalf of the Corporation who are personally known to me or who have produced
identification and who did/did not take an oath.
as
CORPORATE SEAL
NOTARY SEAL
Name:
Notary Public
Serial Number:
My Commission Expires: