Item #11 Approval of Distribution Easement with Progress Energy Florida, Inc. for the Construction of a Left Turn Lane into the Glad Tidings Church Propertyf Ior iaa
AGENDA ITEM COVER SHEET
Meeting Date: December 2, 2014
Item # I I
Contact Name:
Contact Number:
David A. Wheeler, P.E.
Reviewed By:
Department Director:
City Manager:
407 - 905 -3100, ext. 1504
Subject: Distribution Easement with Duke Energy for the Construction ora Left Turn lane into
the Glad Tidings Church Property (District 1 — Commissioner John Grogan)
Background Summary:
As part of this phase of the development of the Glad Tidings Church, they are being required to construct a left
turn lane for safer access to their property. The widening of the road for the turn lane will conflict with the
existing overhead distribution lines owned by Duke Energy Florida, Inc. Duke Energy is being required to
relocate it facilities by Orange County, who has jurisdiction over this section of Fullers Cross Road. The
relocation of the Duke Energy facilities will be at no expense to the City.
The City owns the property (parcel ID: 282206000000056) at the northeast corner of Fullers Cross and Ocoee -
Apopka Roads and adjacent to the Glad Tidings Church and plans to have the property developed in the future.
This parcel was one of the outlying parcels included in the purchase of land from Cocoa -Cola, Inc. for the
development of the Ocoee -Crown Point PUD project. The City has already secured 20 feet of property from
Glad Tidings for the future road widening of Fullers Cross Road. As part of the development of the City tract,
20 feet of land along Fullers Cross Road will also need to be dedicated to Public right -of -way for the future road
improvements, too.
Duke Energy looked at placing the relocated distribution facilities underground as opposed to installing new
poles and overhead lines. This would help meet the provisions of the Land Development Code where all utilities
for new developments are required to be placed underground. All of those utilities with the exception of Duke
Energy Florida, Inc. place their facilities within the road rights -of -way (ROW). Duke Energy has always placed
their underground facilities within a privately held easement outside the public road rights -of -way. The
relocated underground facilities will be placed in the northern 10 feet of the easement and cross perpendicularly
from the road ROW to that northern portion of the easement.
Issue:
Should the City of Ocoee grant an Easement over a portion the City property located at northeast corner of
Fullers Cross and Ocoee - Apopka Roads to Duke Energy to relocate underground power service to the Glad
Tidings Church?
Recommendations
Staff recommends that the City Commission grant Duke Energy a Distribution Easements over the portion of the
City property (parcel ID: 282206000000056) located at the northeast corner of Fullers Cross and Ocoee - Apopka
Roads as shown on the exhibit of the easement to allow for the relocation of the power service to the Glad
Tidings Church and authorize the Mayor and City Clerk to execute the Distribution Easement with Duke Energy.
Attachments:
1) Easement with Duke Energy Florida, Inc.
2) Aerial location map
Financial Impact:
There is no financial impact associated with the granting of the Easement to Duke Energy.
Type of Item: (please mark with an 'Y)
Public Hearing
For Clerk's Dept Use.
Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
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.
N/A
Reviewed by (
N/A
2
MUNICIPALITY EASEMENT INSTRUCTION SHEET
Acceptable Signature Combination
Mayor + Two Witnesses + Notary
Each individual's name must be typed or legibly written under each signature line, including witnesses.
NOTE:
The address of the Limited Liability Company must be typed or legibly written below the signatures
on the designated lines.
The acknowledgment must be fully completed, signed and sealed by the Notary. The Notary seal
must be in black ink according to Florida State Statute 117.05. The Notary's name must be typed
or legibly written below the signature line. Also, the information under the Notary's signature must
be typed or printed in the spaces shown. The Notary must state if the person(s) signing is
personally known to him/her, and if the person(s) did/did not take an oath. The form of
identification presented to the Notary must be indicated (such as Florida Driver's License).
Do not alter Easements without Duke Energy's prior approval, as this form has been
approved by the Florida Public Service Commission.
ORANGE COUNTY, FLORIDA
STR: 06- 22S -28E
Work Request #: 785831
Address: FULLERS CROSS ROAD
OCOEE 34761
EASEMENT
THIS EASEMENT ( "Easement ") is made this day of 1 2014
("Effective Date "), from City of Ocoee ( "GRANTOR," whether one or more) to DUKE ENERGY FLORIDA,
INC., d /b /a DUKE ENERGY, a Florida corporation 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 Utility Easement Area being more particularly described on the accompanying Exhibit "A" sketch of
description drawn by Bishman Surveying & Mapping, Inc., Dated 09/30/14, Job Number 13094.002, attached hereto and
by this reference made a part hereof.
Tax Parcel Number: 06- 22 -28- 0000 -00 -056
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 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, (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
This document prepared by Kristy Parker, Esquire
Return to Grantee's address: Duke Energy - Support Senices
452 East Crown Point Road
Winter Garden, PL 34787
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
, 2014, and is effective as of the Effective Date herein.
GRANTOR:
State of
ss
County of
The foregoing Easement was acknowledged before me this day of , 2014, by
, its Mayor and its City Clerk,
of The City of Ocoee, a Florida municipal corporation, on behalf of the municipality who are personally known to
me or who have produced as identification and who did /did not
take an oath.
CORPORATE SEAL NOTARY SEAL
Name:
Notary Public
Serial Number:
My Commission Expires:
THE CITY OF OCOEE
ATTEST:
Name of Corporation
CITY CLERK
MAYOR
Print or Type Name
Print or Type Name
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 , 2014, by
, its Mayor and its City Clerk,
of The City of Ocoee, a Florida municipal corporation, on behalf of the municipality who are personally known to
me or who have produced as identification and who did /did not
take an oath.
CORPORATE SEAL NOTARY SEAL
Name:
Notary Public
Serial Number:
My Commission Expires:
SKETCH OF
DESCRIPTION - EASEMENT
DESCRIPTION
THAT PART OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 114 OF THE SOUTHWEST 114;
THENCE RUN N00'48'40 "E, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST
114, 30.01 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF FULLERS CROSS ROAD AND THE
POINT OF BEGINNING; THENCE RUN S89 443'59 "W, ALONG SAID NORTHERLY RIGHT OF WAY LINE,
90.00 FEET; THENCE RUN NOO'48'40 "E, 30.01 FEET; THENCE RUN N89 4359 "E, 90.00 FEET, TO
SAID EAST LINE OF SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S00'48'40 "W,
ALONG SAID EAST LINE, 30.01 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS Z700.42 SQUARE FEET OR 0.062 ACRES,
MORE OR LESS.
SURVEYORS NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS,
OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, BY THIS FIRM.
3. BEARINGS SHOWN HEREON ARE BASED ON THE FOLLOWING: THE NORTH RIGHT OF WAY
LINE OF FULLERS CROSS ROAD AS S89'4359 "W (ASSUMED).
4. THE DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. UNDERGROUND IMPROVEMENTS AND INSTALLATIONS HAVE NOT BEEN LOCATED.
6. THIS IS NOT A BOUNDARY SURVEY.
7. THE ELECTRONIC FILE FOR THIS PROJECT IS THE PROPERTY OF BISHMAN SURVEYING AND
MAPPING, INC. AND IS NOT THE PROPERTY OF THE CLIENT.
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