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HomeMy WebLinkAboutItem III (B) Approval and Authorization for Mayor and City Clerk to Execute Distribution Easement for Florida Power Corporation - Effluent Disposal Site/Golf Course AGENDA 10-5-93 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III B Ocoee S.SC:U11 VANVEKGlur1' it j CITY OF OCOEE COMMISSIONERS RUSTY JOHNSON r.. • 4 150 N.LAKESHORE DRIVE PAUL W.FOSTER v OCOEE,FLORIDA 34761 VERN COMBS (407)656-2322 SAM WOODSON • • Op G OOV QTY MANAGER ELLIS SHAPIRO MEMORANDUM DATE: September 30, 1993 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director Administrative Services SUBJECT: Distribution Easement for Florida Power Corporation Effluent Disposal Site/Golf Course In order for electrical power to be supplied to the on-site pump station at the effluent disposal site/golf course, the attached easement must be granted. Forest Lake Golf Club LTD has applied for the actual service; but, as owner of the property, the City must execute the standard Florida Power Corporation Agreement. The legal description includes the entire site with the actual easement area lying five (5) feet on either side of the power line. Installation of the service has been completed. The City Attorney has reviewed these documents and included the necessary changes. Action Requested The Mayor and Board of City Commissioners (1) grant the distribution easement as described in the attached Exhibit "A" and (2) authorize the Mayor and City Clerk to execute. Attachment 6w o ' i Florida • • Power DISTRIBUTION EASEMENT ti Co..,... Or COUNTY USE ONLY (A KNOW ALL MEN BY THESE PRESENTS,That the undersigned,their successors,lessees and assigns("GRANTOR"), ON' in consideration of the mutual benefits,covenants and conditions herein contained,did grant and convey to FLORIDA POWER CORPORATION, a Florida corporation ("GRANTEE"), P.O. Box 14042, St. Petersburg, Florida 33733, and to its successors,lessees and assigns,an easement to install,operate and maintain in perpetuity or until the use thereof is abandoned, such facilities as may be necessary or desirable for providing electric energy and service and com- munication services;by GRANTEE or others;said facilities being located in the following described "Easement Area" com within GRANTOR'S premises in Orange County, Florida, to wit: A 10 foot wide Easement Area defined as o 051to81 as lying 5 feet on each side of the centerline of Grantees facilities as designed and installed at mutually agreed upon locations on the following described property: oa SEE EXHIBIT "A" $ to rpj Tax Parcel Number ti 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; (b) the right for GRANTEE to increase or 0 decrease the voltage and to change the quantity and type of facilities; (c) the right for GRANTEE to clear the Ease- ment Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with'!le safe and efficient installation,operation or maintenance of said facilities;(d)the right for GRANTEE •t- to trim or remove any timber adjacent to but outside the Easement Area which,in the opinion of GRANTEE,endangers to 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 ease- ment for the purposes described above. 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 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 opening side and one foot(1')on the other three sides of any pad mounted transformer.If GRANTOR's future orderly develop- ment of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, within 60 days after receipt n 2 of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRAN- TOR'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, W at no cost,an acceptable and recordable easement to cover the relocated facilities.Upon the completion of the reloca- rn tion, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This document prepared by CHARLES F.REISCHMANN Real Estate Dept.,Fla.Power Corp. P.O.Box 14042.St.Petersburg,FL 33733 CORPORATE Rev.2192 RET:Life of Corporation RESP:Real Estate 913 532(S) 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. 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 successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF,the GRANTOR has caused this easement to be signed in its Geflinverte name by its proper officers thereunto duly authorized and its official cearpossate seal to be hereunto affixed and attested this day of October ig 93 WITNESSES: GRANTOR CITY OF OCOEE (NAME OF CORPORATION) BY * * S. Scott Vandergrift Rrsesident= mayor ATTEST: Jean Grafton City Clerk SaGr tarajr= *(Names must be typed or printed under each (Grantor's mailing address) signature.) 150 N. Lakeshore Dr. Ocoee, Fl 34761 STATE OF ss. COUNTY OF The foregoing Easement was acknowledged before me this day of October 1993 by S. Scott Vandergrift and Jean Grafton Mayor ereside - andCity Clerk geld respectively of the City of Ocoee , a Florida a Municipal Corporation, on behalf of the C who are personally known to me ►,iti;.:::.Y-._.. _. _ _ Name: Notary Public Serial Number: (SEAL) My Commission Expires: 913 5321St BACK EXHIBIT "A" LEGAL DESCRIPTION THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (LESS THE NORTH 80.00 FEET AND LESS THE RIGHT-OF-WAY FOR INGRAM ROAD AS PER OFFICIAL RECORD BOOK 3617, PAGE 1884 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA) OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST; ALSO THE NORTH ONE-HALF OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (LESS THE RIGHT-OF-WAY FOR CLARCONA ROAD) SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST; ALSO, LESS THOSE LANDS LYING WITHIN THE PROPOSED WESTERN BELTWAY, AS PER THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY'S WESTERN BELTWAY RIGHT-OF-WAY MAP, PROJECT NUMBERS 75320-6460-602 AND 75320-6460-603, SHEETS 21, 22, AND 23 (NOT DATED), AS PREPARED BY DYER, RIDDLE, MILLS AND PRECOURT INC., SAID RIGHT-OF-WAY MAP IS CONSIDERED PRELIMINARY, SAID PROPOSED WESTERN BELTWAY LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5 AS A POINT OF REFERENCE, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF WEST ORANGE MEMORIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "Y", PAGES 137 AND 138 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 84°13'39" WEST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 5, AND ALONG THE SOUTH LINE OF SAID WEST ORANGE MEMORIAL PARK, 825.52 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 03°58'12" WEST, 1265.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 2059.86 FEET, A CENTRAL ANGLE OF 37°33'07", AN ARC LENGTH OF 1350.04 FEET, A CHORD LENGTH OF 1326.01 FEET, AND A CHORD BEARING OF SOUTH 22°44'46" WEST TO A POINT LYING ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE RUN NORTH 02°20'49" EAST, ALONG SAID WEST LINE, 561.47 FEET TO A POINT LYING ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 1759.86 FEET, A CENTRAL ANGLE OF 23°13'57", AN ARC LENGTH OF 713.60 FEET, A CHORD LENGTH OF 708.72 FEET, AND A CHORD BEARING OF NORTH 15°35'11" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 03°58'12" EAST, 1213.87 FEET TO A POINT LYING ON THE AFORESAID NORTH 'LINE OF THE NORTHWEST QUARTER OF SECTION 5 AND THE AFORESAID SOUTH LINE OF WEST ORANGE MEMORIAL PARK; THENCE RUN NORTH 84°13'39" EAST, ALONG SAID NORTH LINE AND SAID SOUTH LINE, 268.25 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LANDS LIE IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA AND CONTAIN 232.942 ACRES, MORE OR LESS.