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HomeMy WebLinkAbout1999 10 11 Consent Item D COMMISSION AGENDA ITEM D CONSENT X INFORMA TIONAL PUBLIC HEARING REGULAR October 11, 1999 Meeting MGR~T P ~uthorization REQUEST: Public Works Department Requesting Approval of Resolution #898 - Requesting and Accepting Surplus Lands from DOT PURPOSE: The purpose of this Board item is to request approval of Resolution #898 that requests and authorizes the City Manager to accept surplus lands from FDOT described as the retention pond adjacent to S.R. 434 in front of the Courtney Springs Apartments. CONSIDERATIONS: This resolution is needed to meet the requirements of the Florida Department of Transportation to acquire the retention pond adjacent to S.R. 434 in front of the Courtney Springs Apartments. The City Commission memorialized the desire to acquire and improve this parcel by incorporating City and Developer responsibilities into the Developer's Agreement for Tuscawilla Tract 15 Parcell-C which was recorded January 14,1999. A copy of the applicable section of the agreement is attached. The FDOT is in the process of declaring the property surplus. They will retain a drainage easement or other legal instrument for the purpose of protecting the drainage function of the property. The City will be responsible for ensuring the maintenance of the pond and property, including SJRWMD permit biennial report requirements, are satisfactorily completed. FUNDING: None required at this time. October 11, 1999 Consent Agenda Item D Page 2 RECOMMENDATION: It is recommended that approval be given for Resolution #898 which requests and authorizes the City Manager to accept surplus lands from the FDOT described as the retention pond adjacent to S.R. 434 in front of the Courtney Springs Apartments. IMPLEMENTATION SCHEDULE: The executed resolution will be forwarded to the FDOT who will then execute a Quit- Claim Deed to the City. Optimistically, the transfer should occur within 60 days. ATTACHMENTS: 1. Resolution #898 2. Retention Pond section of Parcel 15 Tract l-C Developer Agreement COMMISSION ACTION: A TT ACHMENT NO. 1 RESOLUTION NO. 898 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA REQUESTING AND ACCEPTING SURPLUS LANDS FROM THE DEPARTMENT OF TRANSPORTATION CREATED BY THE CONSTRUCTION OF STATE ROAD 434 TO BE USED FOR PUBLIC PURPOSE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROPERTY TRANSFER. WHEREAS, the construction of State Road 434 has created retention ponds to meet water quality and water quantity requirements associated with the S.R. 434 improvements in the Department of Transportation right of way, and WHEREAS, the City of Winter Springs desires to acquire the 5.3 acre property that one of the retention ponds is located on for beautification and enhancement purposes described as the Pond No.4 parcel of Section No. 77070-2517 ofS.R. 434, and WHEREAS, the Department of Transportation considers the Pond No, 4 parcel surplus and they intend to retain a drainage easement over the parcel to protect the drainage usage, and WHEREAS, the City of Winter Springs will not propose any improvements that are detrimental or contradictory to the drainage function of the Pond No.4 parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The Mayor and City Council of the City of Winter Springs hereby authorize the City Manager to enter into an agreement to acquire the surplus right of way from the Florida Department of Transportation. SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the Mayor and City Council. SECTION III - This Resolution shall take effect immediately upon its passage and approval. Passed and adopted this 11th day of October ,1999. CITY OF WINTER SPRINGS, FLORIDA ATTEST: clJ- L~~b-~ ANDREA)km::m1 ZO-LUACES, CITY CLERK UF F!C! /',1 ;~~~M.:~ ~Ji~O~ 300;': '- ?;\ G::: A TT ACHMENT NO. 2 3 5 7 L} ;]536 The City and the cg~i;~~2ht d!~fltt ~o make the water retention pond being constructed and owned by the Florida Department of Transportation (FDOT) a more attractive amenity to the Courtney Springs Apartment development and to the SR 434 Corridor. To achieve this, the property owner and the City agree that acquisition of the FDOT pond by the City and the construction of certain amenities set forth below by the property owner will best achieve these objectives. Therefore, the City and Contra Vest agree as follows: 6,1 The City shall use its best efforts to acquire ownership or control of the FDOT pond located on SR 434 immediately north of the portion of Tract 15, Parcel l-C of the apartment site. If the City is successful in acquiring ownership or control, that will permit the improvements, alterations and maintenance contemplated by the parties, then ContraVest agrees to undertake the following responsibilities as set forth below, at its expense: 6,2 The City and Contra Vest shall share the costs associated with acquisition of the FDOT pond site with a cap of FIFTEEN HUNDRED DOLLARS ($1,500,00) from each party, In the event the costs to complete the acquisition exceed this sum, the City shall have the option, but not the obligation to pay the additional costs, If the City is unable to acquire ownership or control, then Contra Vest shall not be bound to the requirements set forth in 6,3 through 6.6. 6.3 Contra Vest shall provide enhanced landscaping around the pond per the plans and specification shown on the Canin Associates Landscape Plan sealed and dated \ ~.. t - 9~ , on file with the Office of the City Clerk, Winter Springs, rlocida, 8 ,:j ~,; iF! /~~, ~~ :-.. ,..... I.... - .. ! ':, v, !/\os F,'\GE 3 5 7 4 '0 5 3 7- 6.4 FDOT will be installi~f~lb%(&iYi61I,q1e:in-link fence and gate around the entire pond as part of the SR 434 construction. ContraVest shall replace the chain-link fence and construct a decorative fence along the entire SR 434 side of the FDOT pond consistent with that approved for the SR 434 frontage for the apartment site, If FDOT does not install black vinyl chain-link fence, it shall be ContraVest's obligation to install the black vinyl fence around the other sides of the pond, 6.5 Contra Vest shall construct a lighted fountain in the pond. Contra Vest shall provide for maintenance in perpetuity for the enhanced landscaping, fencing, operation of the lighted fountain for the pond, and shall reasonably maintain the appearance of the water area in a clean, debris-free condition. 6.6 Contra Vest shall provide an insurance policy or evidence of coverage in the amount of ONE MILLION DOLLARS ($1,000,000.00) in Public Liability insurance covering the services and activities of property owner relating to the pond. The policy shall name the City as a Co-Insured, Said policy shall be provided at the time the first Certificate of Occupancy is issued for Courtney Springs Apartment complex, 8.0 Underground Utilities Along SR 434 The City and the developers agree that each shall pay fifty percent (50%) of the cost of construction for underground electric and other utility lines traditionally constructed on poles along the frontage on SR 434 from the western right-of-way of Vistawilla Drive to the western edge of the FOOT pond, The total cost to the developers (-or construction of the underground utilities shall not exceed THIRTY 9