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HomeMy WebLinkAboutItem #04 Distribution Easement for Progress Energy Florida, Inc. for Lift Station #7 e C e nnteer of Good L1v. • AGENDA ITEM COVER SHEET Meeting Date: August 7, 2012 Item# 1 1' Reviewed By: V,,, Contact Name: David A. Wheeler, P.E. Department Director: !�,�/�/ Contact Number: 407 - 905 -3100, ext 1505 City Manager: ..' Subject: Distribution Easement for Progress Energy Florida, Inc. for Lift Station #7 Background Summary: Under the provisions of the Land Development Code, all utilities within new developments are required to be placed underground. All of those utilities with the exception of Progress Energy Florida, Inc. place their facilities within the road rights -of -way (ROW). Progress Energy has always placed their underground facilities within a privately held easement outside the public road rights -of -way. For the Ocoee Town Center project and the construction of the relocated Maine Street the easements for Progress Energy will be within the road right -of -way. This is due to these projects being constructed in Target Area 2 of the CRA that requires the placement of buildings right at the edge of the ROW. Therefore there will be no landscaped area behind the sidewalk for an easement for underground electrical power. Because the property is not platted there is no way to geometrically define the easement, therefore this document provides for an easement 10 feet wide centered over their underground cable and/or conduit. The Ocoee Town Center developer is required to build the relocated Maine Street section from Bluford Avenue to the Richmond Avenue ROW. This project will include a stormwater pond located in an area defined by Bluford Avenue, old Maine Street and relocated Maine Street, a two lane divided road section with center turn lane, extra -wide sidewalks, landscaping around the pond and in tree wells along the roadway, and the relocation of the electrical power to the City's lift station #7. Progress Energy plans to install the underground power to lift station #7 within the southern 30 feet of the ROW of old Maine Street from Bluford Avenue to the Richmond Avenue ROW. This is the 30 foot ROW that is south of and abutting the brick road. Then the underground power will be installed in a conduit within the outside 5 feet of the extra wide sidewalk. The underground power will then continue north in the Richmond Avenue ROW to the lift station in the ROW. The cost to install the new underground electrical power to lift station #7 is being borne by Colonial Bluford LLC. Issue: Should the City of Ocoee grant Distribution Easements over the south 30 feet of the old Maine Street Right -of- Way to provide underground power service to the City's Lift Station #7. Recommendations Staff recommends that the City Commission grant Progress Energy Distribution Easements over the south 30 feet of the old Maine Street Right -of -Way to provide underground power service to the City's Lift Station #7 and authorize the Mayor and City Clerk to execute the Distribution Easement for Progress Energy. Attachments: 1) Distribution Easement for old Maine Street and Richmond Avenue Financial Impact: There is no financial impact associated with the granting of the Distribution Easements to Progress Energy. Type of Item: (please mark with an x') Public Hearing For Cleric's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda 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 N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 Prqress Energy SEC: 20 TWP: 22 RGE: 28 COUNTY: ORANGE PROJECT: 268154 GRANTOR: THE CITY OF OCOEE SITE ADDRESS: Bluford Colonial Lift station Re -Feed TAX PARCEL NUMBER: South 30 feet of Old Maine Street & Richmond Right -of -Way 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, does hereby 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 `Basement Area" within GRANTOR'S premises in Orange County, to wit: A Utility Easement over the South 30 feet of Old Maine Street as depicted on Exhibit "A" lying and being in Section 20, Township 22 South, Range 28 East, Orange County, Florida. Together with; A Utility Easement over that portion of Richmond Avenue lying North of Old Maine Street as depicted on Exhibit "A" lying and being in Section 20, Township 22 South, Range 28 East, Orange County, Florida. The purpose of this easement is to grant to Grantee easement rights over that portion of Right -Of -Way described above in connection with City of Ocoee's vacation of those portions of Rights -Of -Way and Grantor's attendant acquisition of fee title ownership thereof. 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 (0 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 This document prepared by R. Alexander Glenn Retum to Progress Energy Florida, Inc 3300 Exchange Place Lake Mary, Florida 32746 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 ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other 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 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. 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 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. D LJ 0 L Rio - OLJ nLJ ©n/W7 - AL0 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 authorized and its official corporate seal to be hereunto affixed and attested this day of , 2012. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor DATE: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON , 20 this day of , 20 UNDER AGENDA ITEM NO. . SHUFFIELD, LOWMAN & WILSON P.A. By: City Attorney \ v I I \ I N I \ \ \ I al 1 \ I I I I N I e I 17- 22 -28- 6144 -05 -080 \ \I I 20- 22 -28- 0000-00 -046 9 Lake Bennet Village, LLC "� - - - - -� Oran a Court BCC I $ a' 1 \\ ' 9 \ County Existing Lift Station 7 II CI \ I UB IR Easement I I \ I 20- 22 -28- 0000 -00 -015 y \ McCormick Road. LLC _ I 039841 P1419 \ I \ I `� ErhibH'6 \ \ \ I \ W 17 22 - 28 - 6144 - 05 - 141 \ \ From an ocfaber 22, 2809, Claude M. Hawthorne 20- 22 - 28 - 0000.00 - 089 \ I survey by Bishman Surveying �\ I \ ■ I .I City of Ocoee (Lift Station 7) \,.....° and Mapping, Inc. \ \ .. ■ - \ I d \ \ I /� Pp �4 Proposed Maine St. Power Easement p / Proposed Richmond Ave. Power Easement Utility Easement A I I 1 \ \ \ An implicit 10 -foot roadway 099841 P1419 CI 1 \ ment likely exists along the Exhibit 'A') \ \ ` lignment of the existing brick mad. 17 - 22 - 6144 - - 140 1,-21 \ \ � B ,F `�� aa Skylop Grove, Ltd. 0. \ \ as From aDecember zz, 2010. Progress Energy to Use this Portion of c( \ 59- survey by Southeastern NE Comer of the SW %of the SW ' /°of Section 20 -22 -28 Existing Utility Easement for Connectivity I I `� ` Surveying and Mapping Corp. I \ \ 20 22 - 28 - 0000 - 00 - 054 � _ _ _ _ _ _ — \, City of Ocoee (nee Cambria) ` _ ___. -__. NLiee of the SW' /.of the SW V. of section 20.22.28 -- - - -- , ° Ma ine Street ROW — \ ( \ \ ' � �/ I S89 °38'41 "E 533.27' \ 20- 22 -28- 0000 -00 -018 �{"_ -- -- \ \ L • 1 28 — 42 � o City of Ocoee (nee Colbum) Rdwy. Easement \ \ �� —� , R� 540 7 '' -- — _— _--- _ - - - -- _11 (B10231 P8738 \ �( 1 \ \ - / \ Aa1Y 5L 39' L4133.17' r ' l Exhibit 'D') Note: O easements \ R= 540.78' Proposed future Ure ROW I E I affecting former McComlick \\ \ \ \ \ f .4 5 =14° oe 32" for Relocated Maine street I w ! I Road, LLC parcels are shown. j� \ I This corner will be relocated I= / \\ Cp. \ \ to the southern boundary of S �( \ the future Relocated Maine I ; ll '(f\ / ) \ \ Street ROW under the tea 9, of the 1999 abandonment of I g II Utility Easement 20 �' \ 4 — e o the Richmond Ave. ROW. mi I ! I 18 Pri McCormick Road, LLC i I \ \��o�\ II I I \ \ I 1a I \ \ 9 ■ 20- 22 -28- 0000.00 -068 I I I \ \ Colonial Bluford, LLC I m 1 I \ \ \ I .8 II Utility Easement I I I (33578 P1183 L I ° Schedule 'A') �° °T \ \ Original Lift Station 7 r J_ .� I I IT \ \ I iv1 I ' \ ■ \ :1_ a1.__I o 1 \ ji Map of Maine Street Ar m \ \ \ \ \ Ocoee, Florida � iii 100 50 0 200 500 \\ I Prepared January 25, 2011 Revised August 1, 2012 by Jack I I \ \ A. Butler, CMS. for the City of Ocoee, Florida, from noted SCALE 1" = 100' \ \ I I survey sources and the Records of Orange County, Florida. \ i This Map Represents the Basic Arrangement of Properties \ ■ I I \ I THIS IS NOT A SURVEY \\ \\ Progress Energy Power Line Easements on Maine Street and Richmond Avenue