HomeMy WebLinkAboutItem #02 Approval of Easement for Duke Energy Florida, Inc., for Consumer Court Lift Station #62tl
Ocoee
Florida
AGENDA ITEM COVER SHEET
Meeting Date: July 21, 2015
Item #
Reviewed By.
Contact Name: Charles K. Smith, P.E. Department Director: Charles K. Sm
Contact Number: 407 - 905 -3159 City Manager: Robert Fra
Subject: Easement for Duke Energy Florida, Inc. (Duke Energy) for Consumer Court Lift Station
#62 (District 3 — Commissioner Johnson)
Background Summary:
At the City Commission meeting held on June 16, 2015, the Consumer Court Lift Station #62 Construction Project
was approved and funded by the City. The construction of this lift station is necessary to address operational
issues and to increase system capacity of the current sanitary sewer collection system on the south side of the
roadway west of Bluford Avenue, and the north side of the roadway west of Maguire Road. The sanitary systems
servicing those areas currently flow to the east, combine, and convey the flow to Lift Station #7. The construction
of Lift Station #62 will redirect the flow west, reducing the flows to the remaining system.
Duke Energy is now requesting an easement from the City for the new transformer to power Lift Station #62. The
installation of this transformer will create a reliable loop system with those transformers of neighboring properties.
This document provides for a ten (10) foot wide easement area lying five (5) feet on each side of the transformer,
in a mutually agreeable location.
Issue:
Should the City of Ocoee grant an Easement over 10 feet of parcel 30- 22 -28- 3223 -00 -002 to provide underground
power service to Lift Station #62?
Recommendations
Staff recommends that the City Commission and Mayor grant Duke Energy the Easement for a 10 foot wide area
centered on the transformer providing power service to the City's Lift Station #62.
Attachments:
1) Easement for Consumer Court Lift Station #62
2) Duke Energy general power line layout drawing
Financial Impact:
There is no financial impact associated with the granting of the Easement to Duke Energy.
Type Of Item: (please mark with an °x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
X 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 ()
For Clerk's Dept Use:
X Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
N/A
ORANGE COUNTY, FLORIDA
STR: 30- 22S -28E
Work Request #: 989587
Address: CONSUMER COURT
OCOEE 34761
EASEMENT
THIS EASEMENT ( "Easement ") is made this day of , 2015
( "Effective Date "), from THE CITY OF OCOEE, FLORIDA ( "GRANTOR," whether one or more) to DUKE
ENERGY FLORIDA, INC., d/b /a DUKE ENERGY, a Florida corporation, Post Office Box 14042, St.
Petersburg, Florida 33733, and its successors, lessees, licensees, transferees, permittees, apportionees, and assigns
( "GRANTEE ");
WITNESSETH:
THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto
GRANTEE, the perpetual right, privilege, and easement to install, operate and maintain in perpetuity, such
Facilities as may be necessary or desirable for providing electric energy and for communication purposes over,
under, upon, across, through and within the following described lands in Orange County, Florida, and referred to
hereinafter as the Easement Area to wit:
A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's Facilities to be installed at
mutually agreeable locations over, under, across and through the following described property to accommodate present
and future development:
A parcel of land being a portion of those lands described in Official Records Book 10608, Page 3831
of the Public Records of Orange County, Florida, being more particularly described as follows:
Beginning at the Northeast corner of Tract A, GRIFFIN CENTER — PHASE 1, according to the plat
thereof recorded in Plat Book 32, Page 60 of the Public Records of Orange County, Florida, also being the
Southeast corner of Lot 2, thence run along the East line of said Tract A, South 00 019'17" West, a distance of
13.06 feet to the Point of Curvature of a curve concave to the East; thence along the arc of said curve with a
radius of 130.00 feet, a central angle of 08 022'42" and a chord bearing South 03 052104" East, a distance of
19.01 feet to the Southeast corner of Tract A; thence along the extension of the arc of said curve with a radius
130.00 feet, a central angle of 12 147'17" and a chord bearing South 14 127'03" East, a distance of 29.02 feet;
thence North 89 °40'43" West, a distance of 58.77 feet; thence North 00 119'17" East, a distance of 68.73 feet to
the North line of said Tract A, also being the South line of said Lot 2; thence South 79 °46'27" East along said
North line, a distance of 50.76 feet to the POINT OF BEGINNING.
Tax Parcel Number: 30- 22 -28- 3223 -00 -002
The rights herein granted to GRANTEE by GRANTOR specifically include the right: (a) for
GRANTEE to patrol, inspect, alter, improve, add to, repair, rebuild, relocate, and remove said Facilities; (b) for
GRANTEE to increase or decrease the voltage and to change the quantity and type of Facilities; (c) ingress and
egress over the Easement Area and over portions of GRANTOR's adjoining property for the purpose of exercising
the rights herein granted; (d) to trim, cut or remove from the Easement Area, at any time, trees, limbs, undergrowth,
structures or other obstructions; (e) to trim, cut or remove and to keep trimmed or remove dead, diseased, weak or
leaning trees or limbs outside of the Easement Area which, in the opinion of GRANTEE, might interfere with or
fall upon the Facilities; (f) to allow third parties to attach equipment to the Facilities including but not limited to
wires, cables and other apparatus; (g) and all other rights and privileges reasonably necessary or convenient for
This document prepared by Kristy Parker, Esquire
Return to Grantee's address: Duke Energy - Support Services
452 East Crown Point Road
Winter Garden, FL 34787
GRANTEE's safe, reliable and efficient installation, operation, and maintenance of the Facilities and for the
enjoyment and use of the Easement for the purposes described herein.
GRANTOR shall have the right to use the Easement Area in any manner that is consistent with the rights
granted to GRANTEE herein; provided however, without the prior written consent of GRANTEE, GRANTOR
shall not (a) place, or permit the placement of, any obstructions within the Easement Area including but not limited
to, any building, house, or other above - ground or underground structure, or portion thereof. If obstructions are
installed adjacent to the Easement Area, 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 equipment; (b) excavate or place, or permit the
excavation or placement of any dirt or other material upon or below the Easement Area; or (c) cause, by excavation
or placement of material, either on or off the Easement Area, a pond, lake, or similar containment vehicle that would
result in the retention of water in any manner within the Easement Area. GRANTEE shall have the right to remove
any such obstruction(s) at GRANTOR's expense. Excluding removal of vegetation and obstructions as provided
herein, any physical damage to the surface of the Easement Area and/or GRANTOR's adjoining property caused by
GRANTEE or its contractors shall be repaired to a condition reasonably close to the previous condition. The rights
and easement herein granted are exclusive as to entities engaged in the provision of electric energy 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 conflict with the rights granted to GRANTEE herein.
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, 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.
GRANTEE shall defend, indemnify and hold harmless GRANTOR, its officials, agents and employees from
and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including
reasonable attorney's fees prior to and upon appeal) of any kind or nature whatsoever related to this Easement to the
extent directly arising out of or to the extent caused by: (i) the negligent use and enjoyment by GRANTEE, its
directors, officers, employees, agents, contractors or their subcontractors, anyone employed by them, or anyone for
whose acts any of them may be liable (collectively "GRANTEE's Permittees") of the Easement Area; (ii) all liens
and other charges asserted against the Easement Area for any purpose whatsoever to the extent arising as a result of
the actions of GRANTEE, or GRANTEE's Permittees; (iii) all claims relating to injury to persons or property
occurring on or about the Easement Area to the extent caused by the use or control of the Easement Area by
GRANTEE or GRANTEE's Permittees; (iv) GRANTEE's or GRANTEE's Permittees' failure to properly
construct and maintain the Facilities; and, (v) GRANTEE's or GRANTEE's Permittees' construction activities
upon, over or under the Easement Area; provided however, any indemnification herein for any damages other than
direct damages shall be limited to the limitations set forth in Section 768.28, Florida Statutes (2014) as it may be
amended from time to time. Notwithstanding any provision of this easement, nothing herein shall be construed as a
waiver of GRANTOR's sovereign immunity.
IN WITNESS WHEREOF, this Easement has been executed by Grantor on this day of
2015, and is effective as of the Effective Date herein.
GRANTOR:
THE CITY OF OCOEE, FLORIDA
ATTEST: Name of Corporation
BETH EIKENBERRY, CITY CLERK
Print or Type Name
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Signature of First Witness
Print or Type Name of First Witness
Signature of Second Witness
Print or Type Name of Second Witness
State of
ss
County of
S. SCOTT VANDERGRIFT, MAYOR
Print or Type Name
Grantor(s) mailing address:
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761
The foregoing Easement was acknowledged before me this day of , 2015,
by S. Scott Vandergrift, its Mayor and Beth Eikenberry, its City Clerk, of The City of Ocoee, a Florida municipal
corporation, on behalf of the Corporation who are personally known to me or who have produced
as identification.
CORPORATE SEAL NOTARY SEAL
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
120.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
Name:
Notary Public
Serial Number:
My Commission Expires:
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
, 2015
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