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Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />Of Ge of Consent 1211112018 <br />INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: William K. DeBraal, Deputy County Attorney �)0-1 <br />DATE: December 5, 2018 <br />ATTORNEY <br />SUBJECT: Dedication of Right -of -Way and Grant of Utility Easements to Florida Power & Light for <br />Heritage Substation Project <br />Florida Power & Light Company (FPL) has completed construction of the substation for the Heritage solar <br />energy project at 98th Avenue and 4th Street in Indian River County. An aerial photo of the site is attached. <br />As part of the site plan approval process for the substation, FPL is required to dedicate 60 feet of right- <br />of-way along both 98th Avenue and 4th Street along the substation's borders. The Special Warranty deed <br />attached to this memorandum satisfies this requirement. FPL has reserved utility easements for itself in <br />the dedicated rights-of-way. A partial release of mortgage for these rights-of-way is attached and will be <br />recorded with the Special Warranty Deed. <br />In order to distribute the electricity from the Heritage substation, FPL. is asking the County to grant them <br />two utility easements under 98th Avenue right-of-way and two utility easements under 4th Street right-of- <br />way for their underground distribution lines. The proposed Easements are attached to this memorandum. <br />An electric utility may install transmission or distribution lines in county rights-of-way, however if the rights- <br />of-way are ever improved and the electric utilities must be moved, the county is responsible for relocation <br />of distribution lines while the utility is responsible for relocation of transmission lines. Since these are <br />distribution lines, the County will be responsible for payment of relocation of the lines in the future if 98th <br />Avenue and/or 4th Street are improved. There are currently no plans to improve these two roadways in <br />the County's work plan. <br />FUNDING. There is no impact to County funds associated with the Special Warranty Deed or Easements. <br />RECOMMENDATION. Staff recommends the Board of County Commissioners accept the dedication of <br />right-of-way via the Special Warranty Deed and approve the Utility Easements for the FPL distribution <br />lines on 98th Avenue and 4th Street for the Heritage Substation and authorize the Chairman to execute <br />the acceptance of the Special Warranty Deed and the Easement on behalf of the Board. <br />Attachments: <br />Aerial Photo of Area Amy Wilkes <br />Proposed Special Warranty Deed Sr. Real Estate Representative <br />Proposed Utility Easement Florida Power & Light Company <br />700 Universe Boulevard B2A/JB <br />Copies to: Juno Beach, FL 33408 <br />Richard B. Szpyrka, P.E., Public Works Director Via email to: Amy.Wilkes(cDfpl.com <br />Ryan Sweeny, Senior Planner <br />32 <br />