BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Transcription

1 8B4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: DEPARTMENTAL PRESET: TITLE: CONSIDERATION FOR THE GRANT OF AN EASEMENT TO FLORIDA POWER AND LIGHT COMPANY (FPL) ON COUNTY OWNED PROPERTY IN PALM CITY AGENDA ITEM DATES: MEETING DATE: 3/8/2016 COMPLETED DATE: 2/25/2016 COUNTY ATTORNEY: 2/15/2016 ASSISTANT COUNTY ADMINISTRATOR: 2/22/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Deborah Drum, Ecosystem Restoration and Management Manager Name: Procedures: None EXECUTIVE SUMMARY: Engineering Jeffrey Dougherty, Real Property Manager FPL has been requested to provide electrical power on County owned property adjacent to Danforth Creek in Palm City. FPL requires that the County grant a nonexclusive easement prior to placing the appropriate equipment needed to provide the location with service. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 8074fff8 1 of 9

2 Easement drafted by: Parties to the Easement: Purpose of the Easement: New/Renewal/Modified: Duration: Benefits to County: Cost to Martin County: FPL Real Property Management Martin County - Grantor FPL - Grantee Provide electric service to County owned property New Perpetual with a reverter clause Electric service needed by the County None On April 15, 2014, the County approved a 30 year public purpose lease with the Florida Department of Agriculture and Consumer Services (FDACS) for property adjacent to Danforth Creek west of Leighton Farms Avenue and east of SW 42nd Avenue. FDACS is constructing a Hybrid Wetland/Chemical Treatment Technology (HWCTT) facility on the property. The goal of the HWCTT is to cost effectively reduce contamination in the St. Lucie Estuary watershed. The operation of the facility requires the use of various pumping stations which will be powered by electric. FPL was requested to provide the electric service for the HWCTT facility. In order for FPL to provide the service, it requires a nonexclusive easement prior to placing the appropriate equipment needed to serve the facility. ISSUES: On January 26, 2016, the Board adopted Ordinance No. 992, amending Section 1.13, General Ordinances, Martin County Code, providing for disclosures of interest in real property by persons making requests to County boards and committees. The County is the owner of the property that is the subject of this request for approval. Florida Power and Light Company is a wholly owned subsidiary of NextEra Energy, Inc., a publicly traded entity (NYSE MKT: NEE). Pursuant to Section 1.13.C. of the disclosure ordinance, the disclosure requirements do not apply to NextEra Energy, Inc. as it is a publicly traded entity. LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility. 8074fff8 2 of 9

3 RECOMMENDED ACTION: RECOMMENDATION Move that the Board grant Florida Power & Light Company an easement and authorize the Chair to execute any and all documents necessary. ALTERNATIVE RECOMMENDATIONS Move that the Board provide staff with alternative direction. FISCAL IMPACT: RECOMMENDATION None Funding Source County Funds Non-County Funds Authorization Subtotal Project Total ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter 1 Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 8074fff8 3 of 9

4 P SW MARTIN HWY Site OR FL A ID P TR SW CITRUS BLV TR FPL Easement Danforth Creek HWCTT SW MARTIN DOWNS BLV SW MAPP RD DA RI SW MARTIN HWY SW HIGH MEADO O FL MARTIN COUNTY ENGINEERING DEPARTMENT SURVEY DIVISION REAL PROPERTY # 2510 FPL Easement Ë NOT TO SCALE 2013 AERIAL E X H I B I T O N LY 4 of 9

5 Sec.23, Twp 38 S, Rge 40 E PCN: (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 7/94 EASEMENT This Instrument Prepared By: Jeffrey Dougherty for: Martin County 2401 SE Monterey Road Stuart, FL Real Property Project #2510 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, a nonexclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement described as follows: Reserved for Circuit Court SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement area and to operate the same for communications purposes; the right of ingress and egress thru, over and across the property described in Exhibit B, attached hereto and made part hereof, to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. Grantee hereby expressly agrees the in the event Grantee abandons the use of the easement premises described herein for the purpose herein expressed, the Easement granted hereby shall become null and void, and all rights in and to the said easement premises shall revert to the Grantor. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on, ATTEST: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS: CAROLYN TIMMANN, CLERK OF THE ANN SCOTT, CHAIR CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MICHAEL D. DURHAM, COUNTY ATTORNEY 5 of 9

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9 EXHIBIT B The following described property lying in Section 23, Township 38 South, Range 40 East, PALM CITY FARMS, according to the Plat thereof, as recorded in Plat Book 6, Page 42, Martin County, Florida, public records: All of Tract 30 and that portion of Tract 35, Section 23, Township 38 South, Range 40 East, lying North of an existing ditch, PALM CITY FARMS, as recorded in Plat Book 6, Page 42, Palm Beach (now Martin) County, Florida, public records; said portion of Tract 35 being more particularly described as follows: Begin at the N. W. corner of said Tract 35; thence run South 0 degrees West along the West line of said Tract 35, a distance of feet to the center of said ditch; thence run North 79 degrees East along said centerline, a distance of feet to the East line of said Tract 35; thence run North 0 degrees East along the East line of said Tract 35, a distance of 8.39 feet to the Northeast corner of said Tract 35; thence run North 88 degrees West along the North line of said Tract 35, a distance of feet, more or less, to the Point of Beginning. LESS AND EXCEPT those lands described in that certain Warranty Deed to Martin County, as recorded in Official Records Book 2096, Page 2757, public records of Martin County, Florida. 9 of 9