HomeMy WebLinkAboutItem #11 Approval of Easements for Lakeshore Drive Improvements
Meeting Date: ^li!;Jl::lst 1Q, 2008
Item # "'1' \\
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Contact Name:
Contact Number:
David Wheeler
407 -905-3100,
ext. 1504
Reviewed By:
Department Director:
City Manager:
Subject: Approval of and authorization for the Mayor and City Clerk to execute all necessary contracts
related to the provision of a permanent electric power distribution easement between the City of Ocoee
and Progress Energy.
Background Summary:
In preparation for the work on Lakeshore Drive and the future City Hall regional stormwater retention
pond, the electric power service to City Hall from Bluford Avenue was converted from overhead to
underground service and relocated to the lake side of the building. In addition, a new transformer had to
be installed to provide power to the Starke Lake aeration fountain. Power to the City Hall building is now
routed from the lift station power feed west of the employee parking lot down the south side of that
parking lot, and then north across the front lawn of City Hall to the transformer located at the northeast
corner of the building. A new power easement is required to protect the underground power line and the
new pad-mounted transformer. The City Council approved the cost of this work in an agreement with
Progress Energy at its March 18, 2008 meeting.
Issue:
The Engineering Department worked with Progress Energy to reroute the power feed to City Hall in
support of construction activities underway on Lakeshore Drive and in anticipation of the construction
requirements for the planned City Hall regional stormwater pond. Progress Energy's normal practice is
to establish a formal easement to protect the powerline from encroachment that could present a safety
hazard and/or access issues. Progress Energy has submitted a Distribution Easement to the City for
execution.
Recommendations
The Engineering Department recommends that the City Commission authorize the Mayor and City Clerk
to execute the proposed Distribution Easement with Progress Energy.
Attachments:
Proposed easement agreement from Progress Energy.
Financial Impact:
There is no financial impact to the City.
1
Type of Item: (please mark with an "x')
_ Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_ 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
Reviewed by Finance Dept.
Reviewed by ( )
J~1i
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N/A
N/A
N/A
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~ 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, 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 or on behalf of telecommunication providers or other customers 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
Lots I, 6 & 15, Block "2", lying Westerly of N. Lakeshore Drive, CITY OF OCOEE, according to the Plat
thereof, as recorded in Plat Book A, Page 100, of the Public Records of Orange County, Florida.
Tax Parcel Number: 17-22-28-6144-02-061
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 N
opening side and one foot (l ') 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 00
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 documcm JnPlIf"d by R- AlOXlllld<< Glenn
ReIum to: Progress Eaorgy Floricla.lDt.
DOC Exchange Place
LaIce Mary. florida 32746
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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 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 descnbed easement
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in
which the above descnbed 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 au1borized and its official corporate seal to be hereunto affixed and attested this _ day of
,200_,
ArrEST:
GRANTOR:
CITY OF OCOEE
Name of Corporation
CIty Clerk
Mayor
Printed or Type Name
Printed or Type Name
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Signature of First Witness
Grantor(s) mailing address:
150 N. LAKESHORE DRIVE
OCOEE, FL 34761
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
Seria1 Number:
My Commission Expires: