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
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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,
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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
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