HomeMy WebLinkAboutItem #07 Distribution Easement for Progress Energy Florida, Inc. for Underground Facilities on Bluford Avenue between new Maine Street and old Maine Street She c of Good Li.
ER O � '
AGENDA ITEM COVER SHEET
Meeting Date: September 18, 2012
Item #
Reviewed By: ,
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 Underground Facilities on
Bluford Avenue between new Maine Street and old Maine Street (District 3 — Commissioner
Johnson)
Background Summary:
At the City Commission meeting held on August 7, 2012, the undergrounding of the Progress Energy facilities
between new Maine Street and old Maine Street was approved and funded by the City. Progress Energy is now
requesting a distribution easement from the City for the westerly 10 feet of parcel 20- 22 -28- 0000 -054. This
parcel is a triangular piece of property bounded by old and new Maine Streets and Bluford Avenue. See the
attached aerial photograph.
Progress Energy has always placed their underground facilities within a privately held easement outside the
public road rights -of -way. The request for easement by Progress Energy was lost in the discussion that both
staffs had in dealing with the undergrounding of the facilities and the distribution easement for underground
power to lift station #7, which was also approved at the last City Commission meeting.
Issue:
Should the City of Ocoee grant Distribution Easements over the westerly 10 feet of parcel 20- 22 -28- 0000 -054 to
provide underground power service along a portion of Bluford Avenue between old Maine Street and new Maine
Street.
Recommendations
Staff recommends that the City Commission grant Progress Energy Distribution Easements over the westerly 10
feet of parcel 20- 22 -28- 0000 -054 to provide underground power service along a portion of Bluford Avenue
between old Maine Street and new Maine Street and authorize the Mayor and City Clerk to execute the
Distribution Easement for Progress Energy.
Attachments:
1) Distribution Easement for parcel 20 22 - 28 - 0000 - 054
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 Clerk's Dept Use:
Ordinance First Reading y Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x 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. ,d N/A
Reviewed by () N/A
2
Parcel 282220000000054
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F eet i ! ' L. Updated: August 2012
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SEC: 20 TWP: 22 RGE: 28 1 COUNTY: ORANGE PROJECT: 268154
GRANTOR: THE CITY OF OCOEE
SITE ADDRESS: Bluford Colonial Lift station Re -Feed
TAX PARCEL NUMBER: 20- 22 -28- 0000 -00 -054
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 "Easement Area" within
GRANTOR'S premises in Orange County, to wit:
A 10.00 foot wide Easement Area defined as comprising the Westerly 10 feet of the following described
property.
Commence at the Southwest corner of the Southwest '/ of Section 20, Township 22 South, Range 28 East,
Orange County, Florida; thence North 00 °28'46" West along the West line of said Section 20, a distance of 1383.38
feet to the Southwest corner of the South '/2 of the Northwest '/ of the Southwest '/a of said Section 20; thence South
89 °38'41" East along the South line of said South '/2 of the Northwest '/ of the Southwest '/ a distance of 290.93 to
the Easterly right of way line of South Bluford Avenue (formerly Clarcona Ocoee Road) and the Point of Beginning;
thence North 36 °03' 19" West along the Easterly right of way line a distance of 84.01 feet to a point of curvature of a
curve concave Northeasterly, having a radius of 1650.53 feet; thence Northwesterly along the arc of said curve and
said Easterly right -of -way line, through a central angle of 08 °08'40 ", a distance of 234.62 feet to the Southerly right
of way line of Maine Street; thence South 62 °08'30" East along said Southerly right of way line a distance of 486.28
feet to point of curvature of a curve concave Northeasterly, having a radius of 540.78 feet; thence Southeasterly
along the arc of said curve and said Southerly right of way line, through a central angle of 13 °23'39 ", a distance of
126.42 feet to the East line of the West '/2 of the Southwest '/ of the Southwest '/ of said Section 20; thence South
00 °29'35" East along said East line of the West 1/2 of the Southwest '/, of the Southwest 1/4 of said Section 20, a
distance of' 103.18 feet to the Northerly line of the lands described in Official Records Book 9986, Page 7229,
Public Records of Orange County, Florida, and a point on a non - tangent curve concave Northeasterly, having a
radius of 640.78 feet; thence from a tangent bearing of North 78 °17'46" West, Northwesterly along the arc of said
curve and said Northerly line of the lands described in Official Records Book 9986, Page 7229, through a central
angle of03 °58' 15 ", a distance of 44.41 feet to point of reverse curvature of a curve, having a radius of 220.00 feet:
1Ins document relented tit R /beau. a Glenn
Return to: Progress hncttty I'I°-rda. Inc
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thence Southwesterly along the arc of said curve and said Northerly line, through a central angle of 51°49'59", a
distance of 199.02 feet to a point of tangency; thence South 55 °50'32" West along said Northerly line a distance of
36.98 feet to the aforementioned Easterly right of way line of South Bluford Avenue (formerly Clarcona Ocoee
Road); thence North 36 °03' I9" West along said Easterly right of way line a distance of 190.03 feet to the Point of
Beginning.
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
thc 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 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 (h) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable
easement to over the relocated facilities. Upon the completion of the relocation, the easement herein shall be
considered cancelled as to thc 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 (.RANTEIF's facilities located on the
above described casement.
GRANTOR hereby warrants and covenants (n) that GRANTOR is the owner of the fee simple title to the
premises in which the above descrihed Easement Area is located, (h) that GRANTOR has ball tight and lawful
authority to grant and convey this easement to GRANTEE. and (c) that GRANTEE shall have quiet and peaeefltl
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 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. .
SI-IUFFIELD, LOWMAN & WIL,SON P.A.
By:
City Attorney