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HomeMy WebLinkAboutItem #06 Approval of Duke Energy Bluford Avenue Overhead to Underground Conversion Easements on City Properties ocoee florida AGENDA ITEM COVER SHEET Meeting Date: May 15, 2018 Item # Reviewed By: . Contact Name: Stephen C. Krug Department Director: /, r_ g •�1��� Contact Number: 6002 City Manager: Subject: Duke Energy Bluford Avenue Overhead to Underground Conversion Easements on City Properties. Commissioner Wilsen, District 2 and Commissioner Firstner, District 3. Background Summary: The City Commission awarded the Bluford Avenue Streetscape Construction Project in April of 2017. An integral part of this streetscape project in the Downtown Master Plan is the conversion of pole mounted overhead utilities to underground facilities. The conversion for electrical and cable utilities was incorporated in the projects funded through the General Fund bond. The City has coordinated with Duke Energy to design an underground system with the required above ground switch gear strategically located on City properties where the installations will not interfere with the redevelopment improvements. These locations are formalized by granting easements on portions of properties at the following locations: • 100 South Bluford Avenue (southeast corner of Bluford and Magnolia). • 2 North Bluford Avenue (northwest corner of Bluford and McKey). • 201 North Bluford Avenue (north and east of the Bluford and Franklin intersection). A separate agenda item contains the agreement for the work associated with the easements. Public Works recommends approval of the easements in order to facilitate the completion of the Streetscape Project. Issue: Request the City Commission to approve easements with Duke Energy for the overhead to underground conversion of the electrical distribution system on the Bluford Avenue Streetscape project. Recommendations: Recommend the City Commission approve the Duke Energy Florida, LLC, easements at the following locations; 100 South Bluford Avenue, 2 North Bluford Avenue and 201 North Bluford Avenue as part of the overhead to underground conversion of the electrical distribution system on the Bluford Avenue Streetscape Project. Attachments: Easement for 100 South Bluford Avenue. Easement for 2 North Bluford Avenue. Easement for 201 North Bluford Avenue. Financial Impact: There are no cost impacts for the easements. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading �I 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 �1��� N/A Reviewed by Finance Dept. a �_ I N/A Review ed by ( ) N/A 2 ORANGE COUNTY,FLORIDA STR: 17-22S-28E Work Request#: 1392781 Address:2 N BLUFORD AVENUE OCOEE 34761 EASEMENT THIS EASEMENT("Easement")from CITY OF OCOEE,a Municipal Corporation existing under the laws of the State of Florida, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 ("GRANTOR," whether one or more) to DUKE ENERGY FLORIDA, LLC., a Florida Limited Liability Company, d/b/a DUKE ENERGY, 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 25.00 foot wide by 25.00 foot wide easement area for a switchgear described as the Northerly 25.00 feet of the West 25.00 feet;AND A 10.00 foot wide by 25.00 foot wide easement area for a transformer described as the South 10.00 feet of the East 25.00 feet;AND A 20.00 foot wide easement area described as the most Northerly 20.00 feet, to be installed at mutually agreeable locations over, under, across, through and within the following described property to accommodate present and future development: Lots 24,25 and 26 AND the East 15.00 feet of Lot 22,Block 3,AND that portion of the vacated 12.00 foot alley lying East of Lot 22, Block 3 and lying West of Lots 24, 25 and 26, Block 3, MAP OF OCOEE, according to the plat thereof, recorded in Plat Book A, Page 100, of the Public Records of Orange County, Florida. LESS AND EXCEPT: the Northerly 3.0 feet of Lot 24, Block 3, MAP 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: 17-22-28-6144-03-221 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 GRANTEE's safe, reliable and efficient installation, operation, and maintenance of the Facilities and for the enjoyment and use of the Prepared By:Bruce C.Crawford,Esq. Return to:Duke Energy Crawford&Owen,P.A. Attn:Land Services 10901 Danka Circle 452 East Crown Point Road Saint Petersburg,Florida 33716 Winter Garden,FL 34787 Easement for the purposes described herein. Failure to exercise the rights herein granted to GRANTEE shall not constitute a waiver or abandonment. 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. IN WITNESS WHEREOF, this Easement has been executed by Grantor on this day of ,2018,and is effective as of the Effective Date herein. GRANTOR: CITY OF OCOEE Name of Corporation Mayor—Rusty Johnson SIGNED,SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s)mailing address: 150 N.Lakeshore Drive Signature of First Witness Ocoee,Florida 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 day of ,2018,by Rusty Johnson, its Mayor, of City of Ocoee, a State of Florida Municipal Corporation, on behalf of the Municipal Corporation who is personally known to me or who has produced as identification. CORPORATE SEAL NOTARY SEAL Name: Notary Public Serial Number: My Commission Expires: Orange County,Florida Work Request#:25019569 Address: 100 S Bluford Ave,Ocoee STR: 18-22S-28E EASEMENT THIS EASEMENT("Easement")from CITY OF OCOEE,a Florida Municipal Corporation, 150 North Lakeshore Drive,Ocoee,Florida 34761 ("GRANTOR,"whether one or more)to DUKE ENERGY FLORIDA, LLC.,a Florida Limited Liability Company,d/b/a DUKE ENERGY,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: An easement area defined as the North 25.00 feet of the East 20.00 feet for switchgear location of the following describe property and a 10.00 foot wide easement area defined as lying 5.00 feet on each side of GRANTEE's facilities ( the "Easement Area") to be constructed and installed at mutually agreeable locations (the "Facilities") over, under, across and through the following described property (the "Property") to accommodate present and future development Lots 9 and 10, Block B, MARION PARK, as recorded in Plat Book L, Page 48, Public Records of Orange County,Florida. Tax Parcel Number: 17-22-28-5504-02-090 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 without prior written consent of GRANTOR (except in emergency situations); (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 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. Failure to exercise the rights herein granted to GRANTEE shall not constitute a waiver or abandonment. 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 Prepared By:Bruce C.Crawford,Esq. Return to:Duke Energy Crawford&Owen,P.A. Attn:Land Services 10901 Danka Circle,Suite B 452 East Crown Point Road Saint Petersburg,Florida 33716 Winter Garden,FL 34787 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. IN WITNESS WHEREOF, this Easement has been executed by Grantor on this day of ,2018,and is effective as of the Effective Date herein. GRANTOR: CITY OF OCOEE Name of Municipality Rusty Johnson,Mayor SIGNED,SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s)mailing address: 150 North Lakeshore Drive Signature of First Witness Ocoee,Florida 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 day of ,2018,by Rusty Johnson, its Mayor, of City of Ocoee, a Florida Municipal Corporation, on behalf of the Corporation who is/are personally known to me or who has/have produced as identification. CORPORATE SEAL NOTARY SEAL Name: Notary Public Serial Number: My Commission Expires: Orange County,Florida Work Request#:25019569 Address:201 N Bluford Ave,Ocoee STR: 18-22S-28E EASEMENT THIS EASEMENT("Easement")from CITY OF OCOEE,a Florida Municipal Corporation, 150 North Lakeshore Drive,Ocoee,Florida 34761 ("GRANTOR,"whether one or more)to DUKE ENERGY FLORIDA, LLC.,a Florida Limited Liability Company,d/b/a DUKE ENERGY,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 20.00 foot wide by 20.00 foot wide easement area for switchgear,and a 10.00 foot wide easement area defined as lying 5.00 feet on each side of GRANTEE's facilities ( the "Easement Area") to be constructed and installed at mutually agreeable locations (the "Facilities") over, under, across and through the following described property(the"Property")to accommodate present and future development The South 70 feet of Lots 9 and 10, Block B, LAKERIDGE, as recorded in Plat Book F, Page 123, Public Records of Orange County,Florida. Tax Parcel Number: 18-22-28-4725-02-091 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 without prior consent from GRANTOR (except in emergency situations); (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 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. Failure to exercise the rights herein granted to GRANTEE shall not constitute a waiver or abandonment. 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 Prepared By:Bruce C.Crawford,Esq. Return to:Duke Energy Crawford&Owen,P.A. Attn:Land Services 10901 Danka Circle,Suite B 452 East Crown Point Road Saint Petersburg,Florida 33716 Winter Garden,FL 34787 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. IN WITNESS WHEREOF, this Easement has been executed by Grantor on this day of ,2018,and is effective as of the Effective Date herein. GRANTOR: CITY OF OCOEE Name of Municipality Rusty Johnson,Mayor SIGNED,SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s)mailing address: 150 North Lakeshore Drive Signature of First Witness Ocoee,Florida 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 day of ,2018,by Rusty Johnson, its Mayor, of City of Ocoee, a Florida Municipal Corporation, on behalf of the Corporation who is/are personally known to me or who has/have produced as identification. CORPORATE SEAL NOTARY SEAL Name: Notary Public Serial Number: My Commission Expires: