. Meeting Date:

Department:

Agenda Item#: 3H • l/ PALM BEACH COUNTY

BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

December 4, 2012 [X] Consent [ ] Regular [ ] Ordinance [ ] Public Hearing

Facilities Development & Operations

I. EXECUTIVE BRIEF

Motion and Title: Staff recommends motion to approve: a Utility Easement Agreement in favor of the Florida Power & Light Company (FPL) for overhead electrical service within the County's Hagen Ranch Road Library property in Delray Beach.

Summary: FPL has an existing power pole within the right-of-way in front of the library which for safety reasons needs to be relocated approximately 5 feet onto the adjacent library site. The relocation of the pole will align the overhead power lines over the library site requiring a 10' easement. The easement includes two 10' easement areas being approximately 88' and 260' in length. There is an existing 10' FPL easement located between the two proposed easement areas. The combined easement area total is approximately 3,509 sq. ft. (0.08 acres). This non-exclusive easement is being granted at no charge as it has no impact on the existing County facilities and will improve the reliability of electrical service to our facilities. (PREM) District 5 (HJF)

Background and Justification: FPL is upgrading an overhead switch in the library area as part of the Energy Smart Florida (smart grid) initiative. The sole purpose of the upgrade is to increase reliability in the area. FPL submitted an application to Land Development and during the review process, it was discovered that an existing power pole touched the existing guardrail which is a safety hazard. This work will greatly improve electric reliability in the area, especially to the Library and the adjacent Fire Station No. 42 facility.

Attachments: 1. Location Map 2. Utility Easement Agreement

Recommended By:~ ~Jl,,,tw-:\ W11f Depa'rtment Director

Approved By: -----~-, -----''-----~-------·-__ _;_{\-'-+(-'-_.\.-+-'{l'--'-----County Administrator Date

II. FISCAL IMPACT ANALYSIS

A. Five Year Summary of Fiscal Impact:

Fiscal Years

Capital Expenditures Operating Costs External Revenues Program Income (County) In-Kind Match (County

NET FISCAL IMPACT

# ADDITIONAL FTE POSITIONS (Cumulative)

2013

0

Is Item Included in Current Budget: Yes

2014 2015

No

2016

Budget Account No: Fund Dept Unit Object Program

B. Recommended Sources of Funds/Summary of Fiscal Impact:

No fiscal impact.

C.

I I /, & '/J-Departmental Fiscal Review: ----+V-1-jLA-_________ _

III. REVIEW COMMENTS

A. /or Contract Development Comments:

OFMB

B. Legal Sufficiency:

C. Other Department Review:

Department Director

This summary is not to be used as a basis for payment.

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Prepared by & Return to: Margaret Jackson Palm Beach County Property & Real Estate Management Division . 2633 Vista Parkway West Palm Beach, Florida 33411-5605

PCN: 00-42-46-16-00-000-1030

UTILITY EASEMENT AGREEMENT

This EASEMENT is granted _______ _, by PALM BEACH

COUNTY, a political subdivision of the State of Florida, whose legal mailing address is

301 North Olive Avenue, West Palm Beach, Florida 33401-4791, Grantor, to FLORIDA

POWER & LIGHT COMP ANY, a Florida corporation, whose legal mailing address is

Post Office Box 14000, Juno Beach, Florida 33408-0420, Grantee.

W IT N E S S E T H:

That the said Grantor, in consideration of the sum of TEN DOLLARS ($10.00)

and other valuable consideration paid, the receipt and sufficiency of which are hereby

acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual non­

exclusive easement (the "Easement") over and across the following described two parcels

of real property situate, lying and being in the County of Palm Beach, State of Florida to

wit:

Parcel 1: See legal description/site sketch marked Exhibit "A" attached hereto and made a part hereof and

Parcel 2: See legal description/site sketch marked Exhibit "B" attached hereto and made a part hereof.

Parcel 1 and Parcel 2 shall individually and collectively be referred to as the

"Easement Premises". The Easement shall be for the construction, operation and

Page I of4

maintenance of overhead electric utility facilities, wires, cables, and appurtenant

equipment (the "Facilities") in the Easement Premises, 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 the Easement Premises. The

Easement over Parcel 2 shall also be for the construction, operation, and maintenance of

poles and guy wires in Parcel 2, which poles and guy wires shall be included in the

Facilities and shall be included in all rights and responsibilities granted herein in

association with any Facilities.

Together with the right to permit any other person, firm or corporation to attach

wires to any Facilities hereunder within the Easement Premises and to operate the same

for communications purposes. Together with the right of reasonable ingress and egress to

said Easement Premises at all times, the right to clear the land and keep it cleared of all

trees, undergrowth and other obstructions within the Easement Premises, and the right to

trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or

limbs outside of the Easement Premises which might interfere with or fall upon the

Facilities installed within the Easement Premises.

THE CONDITIONS OF THIS RIGHT OF USAGE ARE SUCH THAT:

1. Grantee shall cause the Facilities and their appurtenances to be constructed

within the confines of the Easement Premises.

2. Grantee hereby expressly agrees that in the event Grantee abandons use of

the Easement Premises for the purpose herein expressed, the Easement granted hereby

Page 2 of 4

shall become null and void, and all the rights in and to the Easement Premises shall revert

to Grantor.

3. Grantee further expressly agrees to maintain in good condition and repair,

at its sole cost and expense, its Facilities within the Easement Premises at all times during

the term hereof.

4. The grant of this Easement shall in no way restrict the right and interest of

Grantor in the use, maintenance and quiet enjoyment of the Easement Premises to the

extent that such does not interfere with the rights granted herein.

(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)

Page 3 of4

IN WITNESS WHEREOF, Grantor has caused these presents to be executed in

its name, by its proper officers thereunto duly authorized, the day and year first above

written.

ATTEST:

SHARON R. BOCK CLERK & COMPTROLLER

By: ----------­Deputy Clerk

Signed and delivered in the presence of:

Witness Signature

Print Witness Name

Witness Signature

Print Witness Name

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

By:--+~'":;._~~=---­ounty Attorney

PALM BEACH COUNTY, a political subdivision of the State of Florida

By: ------------­' Chair

APPROVED AS TO TERMS AND CONDITIONS

By:)£4 {\-J\~ Wvif Department Director

\\FDO-FS\common\PREM\Dev\Open Projects\Library- Hagen Ranch Road 2012\FPL Easement\FPL.Overhead.002.HF app.l00412.docx

Page 4 of 4

DESCRIPTION:

--

EXHIBIT "A" PARCEL 1 Page 1 of 3

S KETCH & u 1:. t:i l....i i-<. I PTI ON FOR: FLORIDA POWER & LIGHT CO.

A 10 FOOT WIDE STRIP OF LAND LYING WITHIN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORJHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 42 EAST OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 00°14'48" WEST, ALONG THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 2064.03 FEET; THENCE SOUTH 89°45'12" EAST, A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF HAGEN RANCH ROAD AND ALSO BEING THE NORTHWEST CORNER OF HUNTINGTON LAKES, SECTION FOUR, AS RECORDED IN PLAT BOOK 53, PAGE 162 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00°14'48" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDS, SAID POINT OF BEGINNING ALSO BEING ON THE NORTH LINE OF A 10 FOOT EASEMENT RECORDED IN OFFICAL RECORD BOOK 22191, PAGE 1374 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE NORTH 00°14'48" EAST ALONG SAID EAST RIGHT-OF-WAY OF HAGEN RANCH ROAD, A DISTANCE OF 258.96 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING FLORIDA POER & LIGHT, CO. EASEMENT RECORDED IN OFFICAL RECORDS BOOK 6739, PAGE 993 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 89°14'37" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 00°14'48" WEST, A DISTANCE OF 259.13 FEET TO A POINT ON THE NORTH LINE OF THE AFORMENTIONED 10 FOOT EASEMENT RECORDED IN OFFICAL RECORDS BOOK 22191, PAGE 1374 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 89°45'12" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.

SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. CONTAINING 2,590 SQUARE FEET MORE OR LESS.

NOTES: 1. THIS IS NOT A MAP OF BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION

SHOWN HEREON. 2. NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT. 3. THE UNDERSIGNED & DJS SURVEYORS, INC., MAKE NO REPRESENTATIONS OR GUARANTEES

AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS-OF-WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY AND/OR EASEMENTS RECORD.

4. BEARINGS SHOWN HEREON ARE BASED BASED ON THE WEST LINE OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 42 EAST, HAVING A (GRID) BEARING OF S00°14'48"W.

5. ALL DISTANCES HEREON ARE GROUND DISTANCE, COORDINATES SHOWN HEREON ARE GRID COORDINATES, NORTH AMERICAN DATUM 1983, 1990 ADJUSTMENT, FLORIDA EAST ZONE, TRANSVERSE MERCATOR PROJECTION, GEODETIC CONTROL AS ESTABLISHED AND ADOPTED BY TME PALM BEACH COUNTY SURVEY SECTION.

6. LINEAR UNIT: US FEET. 7. SCALE FACTOR: 1.002706966.

REVISIONS

DJS SURVEYORS •- , · · >J,L- ~i;uRE,,AND ' NOT VAL.ID wn1-1ouT, T~M~i~;i=1-dRIDA

INCORPOD ~'TED ORl~INA,L_~Al&EQ \'(;0R&Mi>J;'PE~ -~---- ---~-- ,,-,;,·'1-1CE~SEDSURV ,,.·, ~r•

SURVEYORS 8 MAPPERS-., _, 8461 LAKE WORTH ROAD, #403

LAKE WORTH, FL 33467 PH (561) 847-2866 FAX (561) 734-4910

www.djssurveyors.com CERTIFICATE OF AUTHORIZATION NO. LB 7870

· :g_oNi~o J. SULUVAN __ _ · _ , : , ·:-'.:-:-'; '' PROFESSIONAL. SURVEYOR'& MAPPER -FLORIDA REGISTRA n•N NO, 6422 DATED:_ - <7/5/1:z.-.y.-,-:i•:'<',':'

DA TE BY CHKD F.8./PG.

JOB No: 12-019-2 S&D

FB/PG: FILE

DRAWNBY: DS

CKD. BY: D.J.S.

SCALE: NIA

SHEET No:

1/3

LEGEND: SEE SHEET 3 OF 3.

EMERALD POINTE PLAT NO. 1

(P.B. 61, PG. 20, P.B.C.R.)

,__/

EMERALD POINTE BLVD. 80' WIDTH R/W

(P.B. 61, PG. 20, P.B.C.R.)

EMERALD POINTE PLAT NO. 1

EXHIBIT "A" . PARCEL 1

1 Page 2 of3 SKETCH & DESCRIPTION

FDR: FLORIDA POWER & LIGHT CO.

/

16

P.0.C. N.W. COR. OF N.E. 1/4 OF SEC 16-46S-42E N 776994.4350, E 929882.8970

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,,_ __ CONTAINING 2,590 SQ. FT +/-

I I N 89°45'12" w I

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ACREAGE PARCEL

00-42-46-16-00-000-1030 ~­I ;-

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(P.B. 53, PG. 162,P.8.C.R.)

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· C") I PARCEL2 S.W. COR. OF S.E. 1/4 HUNTINGTON LAKES SECTION FOUR

---.Al...:--1 OF SEC 16-46S-42E (P.B. 53, PG. 162, P.B.C.R.)

(P.B. 61, PG. 20, P.B.C.R.)

21 N 771479.3119, E 929858.9663

COUNTY COMMENTS ADDRESSED,

REVISIONS DJS SURVEYORS, INCORPORATED

SURVEYORS ftl MAPPERS 8461 LAKE WORTH ROAD, #403

LAKE WORTH, FL 33467 PH (561)847-2866 FAX (561)734-4910

www.djssurveyors.com CERTIFICATE OF AUTHORIZATION NO. LB 7870

9/24/12 DATE

JOB No: 12-019-2SD

FBIPG: FILE

DRAWN BY: OS

CKD.BY: D.J.S.

SCALE: 1 "=50'

L.T. D.S. FILE BY CHKD F.8./PG.

SHEET No:

2/3

EXHIBIT "A" PARCEL 1

I Page 3 of 3 SKETCH & DESCRIPTION

FOR: FLORIDA POWER & LIGHT CO. HAGEN RANCH HEIGHTS PLAT (P.B. 63, PG. 71, I

P.B.C.R.) : ·-··-··17

EMERALD POINTE PLAT NO. 1

(P.B. 61, PG. 20, P.B.C.R.)

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LEGEND: - . . !_I_

THE EAST R/WOF HAGEN

RANCH RD .

B.B ........................ BASIS OF BEARING L.M.E. .................... LAKE MAINTENANCE EASEMENT P.B.C.R. ................. PALM BEACH COUNTY RECORDS STA ......................... STATION P.B .......................... PLAT BOOK PG .......................... PAGE SQ.FT .................... SQUARE FEET

0 C? 0 ow 00 0 C\I ::J I....J I- (..) 0:: z o­z 1-w O y

ACREAGE "ANTIQUERS AERODROME"

(O.R.B. 1657, PG. 895, P.B.C.R.)

PARCEL 00-42-46-16-00-000-1090

(O.R.B. 3766, PG. 1378, P.B.C.R.)

CONTAINING 2,590 SQ. FT+/-

ACREAGE

PARCEL 00-42-46-16-00-000-1030

MATCHLINE

i

COUNTY COMMENTS ADDRESSED. 9/24/12 L.T. D.S. FILE REVISIONS

DJS SURVEYORS, INCORPORATED

SURVEYORS 8 MAPPERS 8461 LAKE WORTH ROAD, #403

LAKE WORTH, FL 33467 PH (561)847-2866 FAX (561)734-4910

www.djssurveyors.com CERTIFICATE OF AUTHORIZATION NO. LB 7870

DATE BY CHKD F.B./PG.

JOB No: 12-019-2 SD SHEET No:

FB/PG: FILE

DRAWN BY: OS 3/3 CKD. BY: D.J.S.

SCALE: 1 "=50'

I

DESCRIPTION:

EXHIBIT "B" PARCEL2 Page 1 of 2

SKETCH & DESCRIPTION FDR: FLORIDA POWER & LIGHT CD.

A 10 FOOT WIDE STRIP OF LAND LYING WITHIN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 42 EAST OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4, SOUTH 00°14'48" WEST, A DISTANCE OF 2064.03 FEET; THENCE SOUTH 89°45'12" EAST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LANDS, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF HAGEN RANCH ROAD -AND BEING THE NORTHWEST CORNER OF HUNTINGTON LAKES, SECTION FOUR, AS RECORDED IN PLAT BOOK 53, PAGE 162 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00°14'48" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE OF HAGEN RANCH ROAD, A DISTANCE OF 150.01 FEET TO A POINT ON THE NORTH LINE OF A 10 FOOT EASEMENT RECORDED IN OFF I CAL RECORDS BOOK 22191, PAGE 137 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 51°02'51" EAST, ALONG THE SOUTH LINE OF SAID EASEMENT LINE, A DISTANCE OF 12.81 FEET; THENCE SOUTH 00°14'48" WEST ALONG A LINE 10 FEET EAST OF AND PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF HAGEN RANCH ROAD, A DISTANCE OF 87. 79 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE AFOREMENTIONED HUNTION LAKES SECTION FOUR; THENCE SOUTH 89°11 '57" WEST ALONG SAID NORTH LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.

SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. CONTAINING 919 SQUARE FEET MORE OR LESS.

NOTES: 1. THIS IS NOT A MAP OF BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION

SHOWN HEREON. 2. NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT. 3. THE UNDERSIGNED & DJS SURVEYORS, INC., MAKE NO REPRESENTATIONS OR GUARANTEES

AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS-OF-WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY AND/OR EASEMENTS RECORD.

4. BEARINGS SHOWN HEREON ARE BASED BASED ON THE WEST LINE OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 42 EAST, HAVING A (GRID) BEARING OF S00°14'48"W.

5. ALL DISTANCES HEREON ARE GROUND DISTANCE, COORDINATES SHOWN HEREON ARE GRID COORDINATES, NORTH AMERICAN DATUM 1983, 1990 ADJUSTMENT, FLORIDA EAST ZONE, TRANSVERSE MERCATOR PROJECTION, GEODETIC CONTROL AS ESTABLISHED AND ADOPTED BY THE PALM BEACH COUNTY SURVEY SECTION.

6. LINEAR UNIT: US FEET. 7. SCALE FACTOR: 1.002706966.

REVISE PER COUNTY COMMENTS ,,, 7/5/12 D.S. DJS N/A REVISIONS BY CHKD F.B./PG.

DJS SURVEYORS . · , . .,. AND

. .,.,,.. , " · E SIGNATURE ' ' No1ve:t1ownl-)QlJT ~~ALOF A FL0~'1tt JOB No:12-019-1 S&D INCORpon ~TED ~,:., . ·,0\(iGINALRAISG~viivoR-&WiPl:'.E1;<.,,,,

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8461 LAKEWORTHROAD,#403, .,,,,1, •• _· ~~ _, DRAWNBY:DS LAKE WORTH, FL 33467 _, ,~~ .

PH (561)847-2866 FAX (561)734-4910 ~",: , ~qQNALD<ILSUWV~•,t·· '' www.djssurveyors.com . ' :', P~OFE§~IONA,'; SURVEY(;lR&.!Y1APPER CKD. BY: D.J.S.

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SHEET No:

1/2

EMERALD POINTE PLAT NO. 1

(P.B. 61, PG. 20, P.B.C.R.)

EXHIBIT "A" PARCEL2 Page 2 of2

SKETCH & DESCRIPTION FDR: FLORIDA POWER & LIGHT OD.

a.i @, •-

P.O.C. N.W. COR. OF N.E. 1/4

16 OF SEC 16-46-42 N 776994.4350, E 929882.8970

THE EAST R/WOF HAGEN~

RANCH RD.

S 51 °02'51" E 12.81'

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EMERALD POINTE BLVD. ~ ~? ~ ~- _§0.0Q'.__ _ 80' WIDTH R/W ~ .

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. "- ~ ffi I PARCEL 2

EMERALD POINTE PLAT NO.1

·.'-. ~::-- P.B. 53, PG 162, I .- ex:,

(P.B. 61, PG. 20, P.B.C.R.)

S.W. COR. OF S.E. 1/4 OF SEC 16-46-42

N 771479.3119, E 929858.9663

o ~ · P.B.C.R.) : ou;

z-s:t" (")

REVISE PER COUNTY COMMENTS

REVISIONS

"- "- "- "- 1374, P.B.C.R.)

s ).. " / " " " " ", "---------

"--------20' L.M.E. (P.B. 53, PG. 162,P.B.C.R.)

. s 89°11'57" w · 10.00' 1------r----

25' BUFFER I I

(P.B. 53, PG. 162, P.B.C.R)

I

LEGEND:

HUNTINGTON LAKES SECTION FOUR

(P.B. 53, PG. 162, P.B.C.R.)

B.B ........................ BASIS OF BEARING L.M.E ..................... LAKE MAINTENANCE EASEMENT P.B.C.R. ................. PALM BEACH COUNTY

RECORDS STA ......................... STATION P.B .......................... PLAT BOOK PG .......................... PAGE SQ.FT .................... SQUARE FEET

7/5/12 D.S. DJS N/A

DATE BY CHKD F.B./PG.

DJS SURVEYORS, INCORPORATED

JOB No: 12-019S&D SHEET No:

SURVEYORS 8 MAPPERS 8461 LAKE WORTH ROAD, #403

LAKE WORTH, FL 33467 PH (561)847-2866 FAX (561)734-4910

www.djssurveyors.com C.ERTIFICATE OF AUTHORIZATION NO. LB 7870

FB/PG: FILE

DRAWN BY: DS 2/2 CKD.BY· D.J.S.

SCALE: 1 "=50'