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Item III (G) Approval and Authorization for the Mayor and City Clerk to execute the Florida Power Distribution Easement on West Side of Public Works Property Located at 370 Enterprise Street Agenda 11-02-99 Item III G c 41 or 6000 ROBERT SMITH PUBLIC WORKS DIRECTOR 370 ENTERPRISE ST.•OCOEE,FLORIDA 34761 PHONE(407)877-8420•FAX(407)877-0392 STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Denver Music, Acting Public Works Director PIAA DATE: October 27, 1999 RE: Florida Power Distribution Easement ISSUE: Should the Honorable Mayor and Board of City Commissioners approve giving Florida Power Corporation a distribution easement on the west side of the Public Works property, located 370 Enterprise Street, in order to enable them to provide power to the rear of the Public Works compound? BACKGROUND AND DISCUSSION: The southwest portion of the Public Works property has no power source. A pressure washer to clean vehicles is needed as well as security lighting. We have experienced several thefts during the past year and it is believed the point of entry is the southwest corner. RECOMMENDATION: It is respectfully requested that The Honorable Mayor and Board of City Commissioners approve the distribution easement with Florida Power Corporation. swuP‘o.,841es Fps . THE PRIDE OF WEST ORANGE C :•:is Florida .nos•:Power N "4...f COUNTY USE ONLY DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, That the undersigned, their successors, lessees and assigns ("GRANTOR"), 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 communication services; by GRANTEE or others; said facilities being located in the following described "Easement Area" within GRANTOR'S premises in Orange County, Florida, to wit: A 10 foot wide Easement Area defined as comprising the West 10 feet of the following described property. Lot K, WEST ORANGE INDUSTRIAL PARK UNIT TWO, as recorded in Plat Book 5, Pages 84 and 85, of the Public Records of Orange County, Florida. Tax Parcel Number: 19-22-28-9153-02-400 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 decrease the voltage and to change the quantity and type of facilities; (c) the 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 right for GRANTEE to trim or remove any timber adjacent to but outside the Easement Area which, in the 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. 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 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 canceled as to the portion vacated by such relocation. This document prepared by BELISA OLIVEIRA Sec-Twp-Rng: 19-22-28 Real Estate Dept.,Florida Power Corp. 2600 Lake Lucien Drive,Suite 400 County: ORANGE Maitland,FL 32751-7234 Grantor: CITY OF OCOEE Rev.9/94 Project ID: AW-99-0618 October 28,1999 :12:32 PM CORPORATE n„�. 1 if,.s OFCD•Dm&Fc1Mla 011 C1')/C1 COUNTY USE ONLY 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 corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of , 19 WITNESSES: GRANTOR(s): (Name of Corporation) BY: Printed Name: Printed Name: President: ATTEST: Printed Name: _ Printed Name: Secretary (Names must be typed or printed under (Grantor(s) mailing address) each signature.) STATE OF ) )ss. COUNTY OF ) The foregoing Easement was acknowledged before me this day of 19 by , President and t Secretary, respectively of , a (state) Corporation, on behalf of the Corporation, who are personally known to me or who have produced as identification and who did/did not take an oath. Name: Notary Public Serial Number: My Commission Expires: (SEAL) 913 532 (S) FUSE 6?80A r — — 8 - C _.__ 0 • a y/ii s SN > o ro sr,v7o,✓ qc r ,,y yA/ ///v/u P , /3932o-063716 tn 3 I a) E�7EAWV-SE sr. YI a A 1 I x x x x *r • YO fl k ®©12m BIM • x /.\ \ x .vw /9-22-28 V8060 F[ WALt. k• • T, 32 B _ � 8 /2 M * � ocoEE B C - x WORK ORDER GENE/flu:a '-- -- - - /o - io 7-0 PRoVi.de SERV/CE yo ,q /5//Pploro,'SND 4' 5//R /)70>0.4. (/5 x$4/) /yo © o PRE/72/5E #: 272?V6623 fASE/�7ENTS �ECtU//r�D. FLORIDA POWER CORPORATION DISTRIBUTION ENGINEERING DEPARTMENT — CON7WC7- F10/9/24 0e/Wf'7-/'2fN7 of fNV/RO/1IE/✓- C/7Y of OCOEE 7x'/ 11/707ECT/O/✓ Joe/d,qV/f5 V072754/007. PR//rE/VT EX7ENS/ON' 370 NTERIX/SE ST — FPC./6.0,feSEN7 7/1/E: W. 0. No.n.YY-79'6/6 Date..Q./27./..9..9....... AQ/c// Fi4EYS./.9? (w) 65`G-85vo Drawn.�l.a./,r9,dv.a./m.es.es. Checked Approved — OPEN AREA. Scale....hY,..r...... .. Dwg. No...../.9 953-210