18-2138 Easement Agreement Granting Embarq Florida, Inc dba Centurylink a Five Foot EasementORDINANCE NO. 18-2138
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN EASEMENT AGREEMENT GRANTING
EMBARQ FLORIDA, INC. DB/A CENTURYLINK A FIVE-FOOT
EASEMENT FOR A COMMUNICATIONS SYSTEMS UPON
CITY -OWNED PROPERTY WITH TAX PARCEL
IDENTIFICATION NUMBERS 31-20-30-300-0390-0000 AND 31-20-
30-300-0410-0000; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood ("City") desires to grant and convey to Embarq
Florida, Inc. d/b/a Centurylink a non-exclusive five-foot wide easement under, over, and upon a
portion of the City of Longwood's real property located at 235 West Church Avenue situated in
City of Longwood, Seminole County, Florida, having a tax parcel identification numbers 31-20-
30-300-0390-0000 and 31-20-30-300-0410-0000 for the purpose of construction, operation,
maintenance, repair, expansion, replacement and removal of a communications system on the
subject to the terms and conditions of the Easement Agreement; and
WHEREAS, the City Commission finds that entering into and approving the Easement
Agreement generally in the form attached to this Ordinance is in the best interests of the City of
Longwood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and constitute the City
Commission's findings.
Section 2. Approval. The Easement Agreement being granted and conveyed by the
City to Embarq Florida, Inc. d/b/a Centurylink ("Easement Agreement") attached hereto is
hereby approved. The Mayor and any other officer of the City of Longwood who shall have the
power to execute contracts on behalf of the City be, and each of them hereby is, authorized to
execute, acknowledge and deliver the Easement Agreement with any reasonable and non -
substantial changes, insertions and omissions therein as may be approved by the City Manager.
The City Clerk of the City of Longwood and any other officer of the City who shall have the
power to do so be, and each of them hereby is, authorized to affix the official seal of the City of
Longwood to the Lease Agreement and attest the same.
Section 3. Conflicts. If any Ordinances or parts of thereof are in conflict herewith, this
Ordinance shall control to the extent of the conflict.
Ordinance No. 18-2138
Page 1 of 2
Section 4. Severability. If any portion of this Ordinance is determined to void,
unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this Ordinance
shall remain in full force and effect.
Section 5. Effective Date. This Ordinance shall take effect upon its second reading and
final adoption by City Commission.
FIRST READING this 19th day of March, A.D. 2018.
SECOND READING AND ADOPTION this 22°d day of April, A.D. 2018.
CITY OF LONG OOD, FLORIDA
Ben P ris, Mayor
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Da W. La , City Ptopdf
Ordinance No. 18-2138
Page 2 of 2
Prepared by / Return to:
CenturyLink-Bill McSwain
33 N. Main Street
Winter Garden, Florida 34787
Project: City Of Longwood
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
On this day of , 2018, the undersigned, CITY OF LONGWOOD, A MUNICIPAL CORPORATION OF THE
STATE OF FLORIDA ("Grantor") with a mailing address of 175 WEST WARREN AVENUE. LONGWOOD. FLORIDA 32750-4107 for
good and valuable consideration, the receipt and sufficiency of which are acknowledged, hereby grants and conveys to Embara Florida. Inc..
d/b/a CenturvLink. ( a Florida Corporation), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"), having an address of
100 CenturyLink Drive, Monroe, Louisiana 71203_ Attn. Construction Services - East_ a perpetual, non-exclusive easement ("Easement") to
construct, operate, maintain, repair, expand, replace and remove an underground communication system that Grantee from time to time may
require, consisting of but not limited to, cables, wires, and conduits, along with surface level appurtenances thereto, including manholes, drains,
splicing boxes, vaults, surface location markers and equipment cabinets and associated wooden or concrete pads, and underground utility service
lines if required to operate such communications system (collectively, the "Facilities"). The Easement includes Grantee's right of ingress and
egress over and across the Easement Tract for the purposes of this Easement.
Upon, over, through, under, along and across the following real property located in the County of Seminole, State of Florida which Grantor
owns ("Easement Tract").
SEE THE DESCRIPTION SET FORTH ON EXHIBIT A, ATTACHED TO, AND BY THIS REFERENCE MADE A PART OF
THIS AGREEMENT.
Grantor further grants and conveys to Grantee the following temporary incidental right:
A one-time temporary right -of- entry license upon Grantor's property adjacent to the Easement Tract to be used during the initial installation of
the Facilities upon a strip of land 10 feet wide measured from the exterior boundaries of the Easement Tract for a period not to exceed sixty (60)
days from commencement of Grantee's installation activities;
Grantor reserves the right to use and enjoy the Easement Tract for any and all purposes (including without limitation for the installation,
operation, repair and maintenance of other utilities) so long as Grantor's use does not materially interfere with the rights granted in this Easement
Agreement. Grantor reserves the right to keep in place, maintain and repair any and all utilities, improvements and landscaping that currently
exist as of the date of recording of this Easement Agreement. However, Grantor will not erect any new structure or plant new trees or other
vegetation having a root system deeper than 2 foot below grade within the Easement Tract and will not alter the surface or subsurface of the
Easement Tract, without coordinating such activities with Grantee to avoid damage to the Facilities.
Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the Easement Tract against all claims. Grantee will have
no responsibility for environmental contamination unless caused by Grantee
The rights, conditions and provisions of this Easement Agreement will nun with the land and will inure to the benefit of and be binding upon Grantor and
Grantee and their respective successors and assigns.
Attest:
GRANTOR:
CITY OF LONGWOOD, a Florida municipal
corporation
Michelle Longo, City Clerk Ben Paris
Witness # 1
Witness # 2
THE STATE OF FLORIDA
PRN 795958 ARN 320217 SRN 316581
Pagel of 3
COUNTY OF SEMINOLE
BE IT REMEMBERED, that on this day of , 2018, before me, a Notary Public in and for said County and
State, came Ben Paris as Mayor of the City of Longwood, who is personally known to me to be the same person who signed the herein
instrument, or who has produced (type identification) as identification and such person duly acknowledged the
signing of the same to be their free act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.
Notary Public
My Appointment Expires:
PRN 795958 ARN 320217 SRN 316581
Page 2 of 3
EXHIBIT A TO EASEMENT AGREEMENT
PRN 795958 ARN 320217 SRN 316581
Page 3 of 3
Sheet 1 of 2 Sketch and Description
of East 5.00 feet of
235 W Church Avenue, EXHIBIT A
Longwood, Florida 32750
Description
The East 5.00 feet of the following described parcels of land:
(Tax Identification Number 31-20-30-300-0390-0000)
Beginning at a stake at the Northeast Corner of Jessup and West Lake Avenues,
in the Town of Longwood. Florida according to plat thereof recorded in Plat
Book 1, Pages 18 to 21 of the Public Records of Seminole County, Florida,
thence running North and along said West Lake Avenue 100 feet to right of way
of Florida Midland Railroad, thence East and along said right of way 400 feet,
thence south 100 feet to a point on North right of way of Jessup Avenue,
thence West along Jessup Avenue 400 feet to the Point of Beginning; said land
being in Section 31, Township 20 South, Range 30 East.
And the North one—half of vacated right of way of Jessup Avenue lying South
of above described parcel.
Together with
(Tax Identification Number 31-20-30-300-0410-0000)
Beginning at the Northeast corner of the intersection of Church Street and West
Lake Avenue in the Town of Longwood, Florida, according to plat thereof
recorded in Plat Book 1, Pages 18 to 21 in the office of the Clerk of Circuit
Court of Serincle County, Florida, run thence East on the North line of Church
Street 400 feet; thence North 198 feet; thence West on the South line of
Jessup Avenue 400 feet; thence South 198 feet to the Point of Beginning; said
land being in Section 31, Township 20 South, Range 30 East.
And the South one—half of vacated right of way of Jessup Avenue lying North
of above described parcel.
Notes
1. THIS IS NOT A BOUNDARY SURVEY.
2. The purpose of this sketch is to describe the East 5.00' of the above described property and
depict the features and man—made improvements within 10 feet of said East 5.00 feet.
3. This sketch meets the Standard of Practice set forth in Florida Administrative Code Rule 5J-17,
pursuant to Florida Statute Chapter 472.
4. Legend and Abbreviations
R/W —
denotes Right of Way
O.R. —
denotes Official Records Book
P.B. —
denotes Plat Book
Pg. —
denotes Page
• —
denotes change of direction
— denotes fire hydrant
WJ
N — denotes water valve
® — denotes telecommunication riser box
— denotes wood utility pole
-- — denotes guy wire anchor
—ou-- denotes overhead utility line
Prepared For: Centurylink
Prepared Bye I
Billy Joe Jenkin i., PSM # 205
Professional Surveyor and Mapper
Sheet 2 of 2 Sketch and Description
of East 5.00 feet of
235 W Church Avenue,
Longwood, Florida 32750
Florida Midland Railroad
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10- Certificate of Authorization Number — LB 7874 Project #
Post Office Box 771065, Winter Garden, Florida 34777-1065
3110 Red Fox Run, Kissimmee, Florida 34746 2/19/2018
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