HomeMy WebLinkAbout07.e EDB Encroachment Agreement. CECI.CCUA Final EXECUTIVE SUMMARY
AGENDA ITEM:
Ratification of the Encroachment Agreement Between Clay Electric Cooperative, Inc. (CECI) and
CCUA associated with the FCE Storage project, located at 1661 Blanding Boulevard, Middleburg,
Florida.
Date: January 30, 2024
BACKGROUND:
CCUA staff requests Ratification of the Encroachment Agreement with CECI associated with the
proposed utility installation along Blanding Boulevard in the vicinity of Old Jennings Road and Macie
Creek Loop for a commercial storage facility.
The project location is 1661 Blanding Boulevard and is shown in the attached Area Map. CCUA has
requested CECI's consent to utilize a portion of their easement across the adjoining property for a 4"
force main and a 10"water main being installed by Middleburg SS, LLC (Developer's) contractor and,
upon final acceptance,will be dedicated to CCUA for ownership and future maintenance.
The attached agreement will provide CCUA with the consent to install and maintain the proposed
infrastructure within the CECI property of easement. The pipeline installations will occur within the
35-ft wide CECI corridor, which is identified as an easement in the design drawings attached to the
subject agreement.
The rights of use for the easement area are for the construction and installation,inspection,maintenance,
and repair of the water and wastewater pipelines. CECI will continue to retain the rights to the
permanent Easement area.
RECOMMENDATION:
Staff respectfully request the Board of Supervisors ratify the attached Encroachment Agreement
between CECI and CCUA.
ATTACHMENTS:
1. CECl/CCUA Encroachment Agreement
2. Easement Area Map
//MB (Author)
//AA(Review)
//PS (Final)
Prepared by and return to:
Jodi Carroll
CLAY ELECTRIC COOPERATIVE, INC.
P.O. BOX 308
KEYSTONE HEIGHTS, FL 32656
Clay County Utility Authority
TP#32-04-25-008104-000-00
TP#32-04-25-008103-004-00
L
ENCROACHMENT AGREEMENT
This is an Agreement between CLAY ELECTRIC COOPERATIVE, INC. ("CECI") whose address is
P. O. Box 308, Keystone Heights, Florida 32656 (CECI), the holder of certain easement rights and
interests in an easements being thirty-five and fifty (35 and 50) feet in width under those certain Easements
dated September 3, 1976 and being recorded in Official Record Book 389, Page 606 in Clay County, Florida,
AND March 6, 1981 and being recorded in Official Record Book 610 Page 678 in Clay County, Florida said
certain easements are being used for an electric system and all its associated facilities. Whereas Clay
County Utility Authority (CCUA) whose mailing address 3176 Old Jennings Road Middleburg, FL 32068
requests to utilize a portion of CECI's easement for a 4" Force main and a 10" water main. The parties agree
as follows:
1. CECI is willing to grant such consent and CCUA agrees to the "Terms and Conditions" of the
Encroachment Agreement being attached as Exhibit "A". CECI does hereby consent to the installation,
construction, operation and maintenance of a 4' force main and a 10" water main as shown on drawing
created by Clay County Utility Authority which is attached as Exhibit "B"
2. CCUA shall at all times conduct all activities on the Easement Area in such a manner as not to interfere
with or impede the operation and maintenance of the Electric Facilities, as conducted in the past,
present or future, in any manner whatsoever.
3. CCUA shall be solely responsible for undertaking and observing all safety measures and standards to
insure that none of its equipment, materials, and personnel shall come within close proximity of or in
contact with CECI's facilities, particularly its underground electric facilities, poles or conductors. CCUA
shall be responsible for any costs associated with the protection and replacement of CECI's facilities
and improvements as necessary during the installation and maintenance of CCUA pipeline.
4. CCUA will provide adequate separation between CECI underground or overhead electrical facilities and
CCUA pipeline. Any future maintenance to the pipeline will be solely at CCUA cost.
5. CCUA acknowledges that electric transmission and distribution facilities are inherently dangerous, and
that severe injuries and death may result from CCUA activities if safety measures are not strictly
followed. CCUA shall therefore indemnify, defend, and hold harmless, to the maximum extent permitted
by law, CECI and its officers, trustees, employees and agents, of and from any claim, loss, liability,
damage, and expense due to damage or injury to persons and property, including death, arising out of
or as a result of any activity conducted by CCUA within CECI's easement area.
6. Should CECI need to remove any of the Encroachment within the Easement Area in order to construct ,
maintain, operate, repair, remove, replace or resize the Electric Facilities, CCUA shall pay the cost of
removing and replacing or reinstalling the Encroachment. In addition, all repair and maintenance work
performed by CECI on its existing or additional Electric Facilities located on the Easement Area, shall
be performed in a reasonable workmanlike manner and CECI shall restore the surface and grade of
Owned Premises where the work is performed, but shall not be liable for loss, damage, or replacement
to the Encroachment or any equipment and facilities that exist within the easement area, and in this
regard, CCUA hereby releases CECI and the CECI entities from any and all liability for any such loss or
damage.
7. All construction by CCUA shall be for the installation of above specified use in the easement area. No
additional structures of CCUA shall be installed or maintained within the easement area without written
CECI approval. During its construction activities, and during any subsequent maintenance, CCUA shall
insure that CECI shall have unrestricted access to CECI's facilities.
CCUA water main.jc
8. If any of CCUA's construction activities result in damage to CECI's facilities or result in the undermining
or weakening of the structural integrity of any of CECI's facilities, CCUA shall promptly notify CECI of
any such damage, CECI at its option, undertake such repairs and corrective measures, the reasonable
cost of which shall be borne by CCUA.
9. CCUA shall be solely responsible for obtaining permission and easements from the underlying fee
owner of the easement area for its use of the easement area. CCUA shall be solely responsible for
repairing and replacing so much of the easement area as is excavated or damaged around the pipeline
by CCUA's activities, and for restoring to it's preexisting condition, all at CCUA's sole expense. CECI's
agreement to CCUA's partial use of the easement area is solely for the purpose of accommodating
such use relative to the right of CECI to the use of its easement area without interference by others who
may obtain easements from the fee owner and shall not be construed as a grant of any interest in the
property. CECI makes no warranty or representation that CCUA's use of the easement area is or will
be allowed by the fee owner.
IN WITNESS WHEREOF, the undersigned have hereinto set their hands and seals.
WITNESSES: CLAY ELECTRIC COOPERATIVE, INC.
Print Name: By.
Richard K. Davis
General Manager & CEO
Print Name: Date:
STATE OF FLORIDA
COUNTY OF CLAY
I HEREBY CERTIFY that the foregoing instrument was sworn to, subscribed, and acknowledged before me on
this day, by Richard K. Davis as General Manager& CEO of CLAY ELECTRIC COOPERATIVE, INC.,who is personally
known to me and who did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this day of
2015.
Notary Public
Print Name:
Commission Expiration Date:
Commission Number:
WITNESSES: CLAY COUNTY UTILITY AUTHORITY
By:
Print Name:
Print Name: Date:
STATE OF
COUNTY OF
I HEREBY CERTIFY that the foregoing instrument was sworn to, subscribed, and acknowledged before me on
this day, by as of , who is personally known to me or
who has produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this day of
2015.
Notary Public
Print Name:
Commission Expiration Date:
Commission Number:
CCUA water main.jc
Exhibit "A"
"Terms and Conditions"
1. Clay Electric Cooperative, Inc. (CECI) has overhead Transmission and Distribution facilities that are
energized throughout the length of the proposed utility piping project. It should be noted that all of the CECI
facilities may not be shown on the plans. The Contractors shall take the necessary precautions to always
keep safe clearances from these facilities during work. CCUA agrees that Sunshine One Call shall be
contacted for locates associated with any excavation.
2. Special precautions should be taken when excavating and installing the utility pipeline due to the close
proximity of existing CECI transmission and/or distribution structures.
3. CCUA shall work with CECI to make sure any existing conflicts (such as CECI underground electric
facilities and guy anchors) are worked out prior to construction. CCUA shall contact Orange Park District
Engineer Joey Wilkes @ 904-272-2456 Ext. 4219 Line with any questions prior to commencement of
construction.
4. The proposed force and water mains shall NOT be installed directly in the pole line. This will allow CEC
access of installation for future facilities if needed
Exhibit "B"
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Disclaimer:The information displayed on this drawing or sheet is for a general visual representation purposes only.The drawing is based upon numerous sources of public
information which include but are not limited to Clay County Property Appraisers, FDOT, SJRWMD, and the Clay County Utility Authority's (CCUA)own records.All `?
information included in the drawing is general in nature and not site specific.Any cimensions or other information is approximate and needs to be field verified.CCUA does i
not offer any guarantees,certifications,or warranties,either expressed or implied,in regards to the accuracy of the information represented on these drawings.The drawing '
is not a survey and should not be construed in any manner as such.By receiving this drawing,the recipient is agreeing to hold CCUA harmless for any errors or omissions
which may be present in this&awing.All interested parties are strongly encouraged to engage a Professional Surveyor and Mapper licensed in the State of Florida to field
verify all site,property,infrastructure,and utility information prior to any decisions or actions.
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N\ ;/J //CCUA
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COV Title:
\` Clay County Utility Authority FCE Storage-CECI Encroachment Agmt
3176 Old Jennings Road
i Info:
l / Middleburg, Florida 32068-3907prepared by CCUAGIS Portal Mi water Features
/.`� Phone(904)272-5999tt� Gravity Sewer Features
/ 7131/2024,9:14:27 AM�� Conservation.Commitment.Community = Forced Sewer Features
7Tl"AU-0 1 inch = 167 feet - Reclaimed Features