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SABAL TRAIL TRANSMISSION, LLC v. +/-84.115 ACRES OF LAND IN MARION COUNTY FLORIDA, 5:16-cv-208-Oc-30PRL (2016)

Court: District Court, M.D. Florida Number: infdco20160601944 Visitors: 6
Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: ORDER JAMES S. MOODY , District Judge . THIS CAUSE comes before the Court upon the parties' stipulation to partial summary judgment confirming Plaintiff Sabal Trail Transmission LLC's right to condemn easements and immediate possession in accordance with the Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission (Docket No. CP15-17-000). (Doc. 21). Accordingly, it is hereby ORDERED AND ADJUDGED: 1. Plaintiff Sabal Trail Transmission LLC's Mot
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ORDER

THIS CAUSE comes before the Court upon the parties' stipulation to partial summary judgment confirming Plaintiff Sabal Trail Transmission LLC's right to condemn easements and immediate possession in accordance with the Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission (Docket No. CP15-17-000). (Doc. 21).

Accordingly, it is hereby ORDERED AND ADJUDGED:

1. Plaintiff Sabal Trail Transmission LLC's Motion for Partial Summary Judgment (Doc. 2) is GRANTED.

2. Plaintiff Sabal Trail Transmission LLC's Motion for Preliminary Injunction (Doc. 3) is GRANTED.

3. Plaintiff Sabal Trail Transmission, LLC may immediately access and possess the areas identified within composite Exhibit A of this order for the purpose of constructing and operating the subject pipeline project in accordance with the Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission (Docket No. CP15-17-000).

EXHIBIT A Page 1 of 2

SABAL TRAIL TRANSMISSION AREA OF PERMANENT EASEMENT 40869-001-00 CITY OF DUNNELLON, MARION COUNTY, FLORIDA

Permanent Easement Area

A permanent easement of 50 feet width, in, over and across land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY (Grantor), lying in Section 17,20,21 — Township 17S — Range 20E in the City of Dunnellon, Florida, designated as assessor tract 40869-001-00 with the County of Marion Property Appraiser, and more particularly described in Book 5455 Page 1624 with the Official Records of the Clerk of Courts of Marion County (OR). Said permanent easement is defined as an offset each side of a proposed pipeline centerline and is more particularly described as follows:

Beginning at a point of intersection of the easterly boundary of land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, designated as tract 40868-000-00 and more particularly described in Book 5455 Page 1624, with said proposed pipeline centerline, said POINT OF BEGINNING having a UTM Zone 17 North NAD83 (2007) US Survey Feet Coordinate of North 10,528,685.33 and East 1,217,964.25, where said permanent easement is defined as being 50 feet in width, 35 feet offset and 15 feet offset each side of said proposed pipeline centerline, thence passing through said land of the Grantor along said proposed pipeline centerline the following courses and distances:

S 89° 20' 40" E a distance of 860.60 feet, more or less to a point, thence; S 00° 27' 03" W a distance of 1,363.87 feet, more or less to a point, thence; S 89° 04' 00" E a distance of 174.45 feet, more or less to a point, thence; N 88° 52' 56" E a distance of 112.26 feet, more or less to a point, thence; S 89° 46' 02" E a distance of 720.73 feet, more or less to a point, thence; S 89° 42' 13" E a distance of 1,202.25 feet, more or less to a point, thence; S 89° 48' 29" E a distance of 1,423.01 feet, more or less to a point, thence; S 89° 46' 45" E a distance of 1,017.31 feet, more or less to a point, thence; S 89° 43' 14" E a distance of 611.47 feet, more or less to a point, thence; S 00° 16' 46" W a distance of 80.00 feet, more or less to a point, thence; S 00° 20' 09" W a distance of 1,084.21 feet, more or less to a point, thence; S 01° 19' 20" W a distance of 150.47 feet, more or less to a point, thence; S 08° 47' 21" E a distance of 200.00 feet, more or less to a point, thence; S 00° 12' 24" W a distance of 488.85 feet, more or less to a point, thence; S 00° 24' 14" W a distance of 619.70 feet, more or less to a point, thence; S 00° 14' 27" W a distance of 609.24 feet, more or less to a point, thence; S 00° 21' 09" W a distance of 667.03 feet, more or less to a point, thence; S 00° 20' 42" W a distance of 44.99 feet, more or less to a point of intersection of the northerly boundary of other land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, designated as tract 41109-002-00 and more particularly described in Book 5455 Page 1624 with said proposed pipeline centerline, and the POINT OF TERMINATION, which concludes the defined permanent easement as it pertains to the Grantor's land described herein (said POT having a UTM Zone 17 North NAD83 (2007) US Survey Feet Coordinate of North 10,523,348.14 and East 1,224,082.72).

The above described Permanent Easement Area contains 13.144 acres more or less, and is also depicted on a plat prepared by SGC Engineering, LLC entitled: "FL-MA-052.000 — PERMANENT PIPELINE EASEMENT & TEMPORARY WORKSPACE AREAS, OWNER: "AZ OCALA RANCH, LLC", Dated: January 25th 2016, previously unrecorded but made a part of this conveyance.

EXHIBIT A Page 2 of 2

The intent of this deed is to describe and convey a contiguous permanent easement of 50 feet width, herein defined as an offset each side of a proposed pipeline centerline, in as much the Grantor has rights from other land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY to other land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY. Easement limits propagate by, along, and through the land of the Grantor, to the extent as shown on EXHIBIT A or as a subsequent boundary survey may determine.

_________________________________________ Raymond J. Hintz State of Florida Professional Surveyor and Mapper No. PSM4908

EXHIBIT A Page 1 of 1

SABAL TRAIL TRANSMISSION AREA OF PERMANENT EASEMENT 40868-000-00 CITY OF DUNNELLON, MARION COUNTY, FLORIDA

Permanent Easement Area

A permanent easement of 50 feet width, in, over and across land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY (Grantor), lying in Section 17,20 — Township 17S — Range 20E in the City of Dunnellon, Florida, designated as assessor tract 40868-000-00 with the County of Marion Property Appraiser, and more particularly described in Book 5455 Page 1624 with the Official Records of the Clerk of Courts of Marion County (OR). Said permanent easement is defined as an offset each side of a proposed pipeline centerline and is more particularly described as follows:

Beginning at a point of intersection of the easterly boundary of now or formerly DRAKE RANCH designated as tract 40866-000-00, with said proposed pipeline centerline, said POINT OF BEGINNING having a UTM Zone 17 North NAD83 (2007) US Survey Feet Coordinate of North 10,527,892.27 and East 1,213,573.37, where said permanent easement is defined as being 50 feet in width, 25 feet offset each side of said proposed pipeline centerline, thence passing through said land of the Grantor along said proposed pipeline centerline the following courses and distances:

N 41° 44' 52" E a distance of 107.68 feet, more or less to a point, thence; N 42° 30' 16" E a distance of 1,023.07 feet, more or less to a point wherein said permanent easement transitions to 35 feet offset northerly and 15 feet southerly each side of said proposed pipeline centerline, thence; S 89° 20' 40" E a distance of 3,628.17 feet, more or less to a point of intersection of the westerly boundary of other land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, designated as tract 40869-001-00 and more particularly described in Book 5455 Page 1624 with said proposed pipeline centerline, and the POINT OF TERMINATION, which concludes the defined permanent easement as it pertains to the Grantor's land described herein (said POT having a UTM Zone 17 North NAD83 (2007) US Survey Feet Coordinate of North 10,528,685.33 and East 1,217,964.25).

The above described Permanent Easement Area contains 5.468 acres more or less, and is also depicted on a plat prepared by SGC Engineering, LLC entitled: "FL-MA-054.000 — PERMANENT PIPELINE EASEMENT & TEMPORARY WORKSPACE AREAS, OWNER: "AZ OCALA RANCH, LLC", Dated: February 2nd, 2016 previously unrecorded but made a part of this conveyance.

The intent of this deed is to describe and convey a contiguous permanent easement of 50 feet width, herein defined as an offset each side of a proposed pipeline centerline, in as much the Grantor has rights from other land now or formerly of DRAKE RANCH to other land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY. Easement limits propagate by, along, and through the land of the Grantor, to the extent as shown on EXHIBIT A or as a subsequent boundary survey may determine.

_________________________________________ Raymond J. Hintz State of Florida Professional Surveyor and Mapper No. PSM4908

EXHIBIT A

SABAL TRAIL TRANSMISSION AREA OF PERMANENT EASEMENT 41109-002-00 CITY OF DUNNELLON, MARION COUNTY, FLORIDA

Permanent Easement Area

A permanent easement of 50 feet width, in, over and across land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY (Grantor), lying in Section 25-28 — Township 17S — Range 20E in the City of Dunnellon, Florida, designated as assessor tract 41109-002-00 with the County of Marion Property Appraiser, and more particularly described in Book 5455 Page 1624 with the Official Records of the Clerk of Courts of Marion County (OR). Said permanent easement is defined as an offset each side of a proposed pipeline centerline and is more particularly described as follows:

Beginning at a point of intersection of the southerly boundary of other land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, designated as tract 40869-001-00 and more particularly described in Book 5455 Page 1624, with said proposed pipeline centerline, said POINT OF BEGINNING having a UTM Zone 17 North NAD83 (2007) US Survey Feet Coordinate of North 10,523,348.14 and East 1,224,082.72, where said permanent easement is defined as being 50 feet in width, 15 feet offset westerly and 35 feet offset easterly of said proposed pipeline centerline, thence passing through said land of the Grantor along said proposed pipeline centerline the following courses and distances:

S 00° 20' 42" W a distance of 35.01 feet, more or less to a point wherein said permanent easement transitions to 35 feet offset northerly and 15 feet southerly each side of said proposed pipeline centerline, thence; S 89° 39' 13" E a distance of 135.01 feet, more or less to a point, thence; S 89° 38' 55" E a distance of 5,198.82 feet, more or less to a point, thence; S 89° 39' 10" E a distance of 2,645.04 feet, more or less to a point, thence; S 89° 38' 44" E a distance of 2,651.84 feet, more or less to a point, thence; S 89° 57' 57" E a distance of 2,699.72 feet, more or less to a point, thence; S 89° 57' 54" E a distance of 1,376.33 feet, more or less to a point, wherein the proposed pipeline centerline transitions from 50 feet in width, 15 feet offset southerly and 35 feet offset northerly of said proposed pipeline centerline to 50 feet in width, 25 feet offset each side of said proposed pipeline centerline, thence; S 84° 36' 58" E a distance of 668.91 feet, more or less to a point, thence; S 88° 56' 58" E a distance of 576.68 feet, more or less to a point of intersection of the westerly boundary of land now or formerly of FARRIOR INVESTMENTS LTD., A FLORIDA LIMITED PARTNERSHIP, designated as tract 41109-018-01 and more particularly described in Book 2908 Page 1613 with said proposed pipeline centerline, and the POINT OF TERMINATION, which concludes the defined permanent easement as it pertains to the Grantor's land described herein (said POT having a UTM Zone 17 North NAD83 (2007) US Survey Feet Coordinate of North 10,523,172.21 and East 1,240,031.65).

The above described Permanent Easement Area contains 18.308 acres more or less, and is also depicted on a plat prepared by SGC Engineering, LLC entitled: "FL-MA-057.000 — PERMANENT PIPELINE EASEMENT & TEMPORARY WORKSPACE AREAS, OWNER: "AZ OCALA RANCH, LLC", Dated: January 25th2016, previously unrecorded but made a part of this conveyance.

The intent of this deed is to describe and convey a contiguous permanent easement of 50 feet width, herein defined as an offset each side of a proposed pipeline centerline, in as much the Grantor has rights from other land now or formerly of AZ OCALA RANCH, LLC, AN ARIZONA LIMITED LIABILITY COMPANY to land now or formerly of FARRIOR INVESTMENTS LTD., A FLORIDA LIMITED PARTNERSHIP. Easement limits propagate by, along, and through the land of the Grantor, to the extent as shown on EXHIBIT A or as a subsequent boundary survey may determine.

_________________________________________ Raymond J. Hintz State of Florida Professional Surveyor and Mapper No. PSM4908
Source:  Leagle

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