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HomeMy WebLinkAbout2013 05 13 Consent 203 Drainage Easement COMMISSION AGENDA     Informational Consent X ITEM203 Public Hearings Regular       May 13, 2013KSKL Regular MeetingCity ManagerDepartment         REQUEST: The Public Works Department - Stormwater Division requesting City Commission authorization to obtain a Public Drainage Easement at 244 Morton Lane for the amount of $3,870   SYNOPSIS: The existing swale drainage system in the vicinity of 244 Morton Lane has no outfall facilities and currently has no drainage easements available for the installation of outfall facilities.  The drainage easement requested in this agenda item is planned for the construction of a new stormwater outfall at 244 Morton Lane, which will relieve flooding concerns to residents in the immediate area and provide additional flood control for the protection of downstream properties.  CONSIDERATIONS: The Ranchlands Roadway Improvements were completed by the City in 2011.  The  project consisted of paving approximately five miles of existing dirt roads, including Morton Lane.  The project also included the installation of drainage swales, inlet structures, and piped stormwater outfall facilities where easements were available based on the subdivision's original plat.   The area around 242-244 Morton Lane does not have a drainage easement.  Several  property owners in this area have expressed flood control concerns to Staff, including the ability of the roadway swales to adequately control stormwater runoff during large storm events.  Staff has monitored the area around 242-244 Morton Lane during and immediately after storm events for the past year or so.  Based on Staff's evaluation, a Consent 203 PAGE 1 OF 3 - May 13, 2013 piped stormwater outfall system is recommended at 244 Morton Lane, similar to several piped outfalls that were installed as part of the Ranchlands paving project in 2011.    A drainage easement is required to install a piped stormwater outfall system at 242-  244 Morton Lane.  Staff has worked with the owner of 244 Morton Lane to identify a 10-foot wide strip of land along the west side of the 244 Morton Lane property that would be the best available location for a drainage easement.  The properties in this area have a 10-foot side setbacks, therefore the creation of a new 10-foot wide drainage easement along one side of 244 Morton Lane does not reduce the buildable area on the lot.   The proposed drainage easement is 10-feet wide and 150-feet long, for a total area of  1,500 square feet.  Staff has negotiated an easement purchase price in the amount of $3,870, which is based on the land value per square foot from the Seminole County Property Appraiser, plus consideration for replacement of trees and landscaping that will be impacted by the stormwater project.   The design of the stormwater outfall system at 244 Morton Lane is complete and  ready to proceed with bidding and construction after the easement has been recorded.  The project consists of the installation of several at-grade stormwater inlets plus piping that collects and discharges stormwater runoff to the lake behind 244 Morton Lane.  The project will benefit several properties in the immediate vicinity of 242-244 Morton Lane, plus it will provide additional flood control for the protection of properties further downstream.   The Public Drainage Easement document attached as Exhibit 1 utilizes the City's  standard easement template with minor modifications based on the specific circumstances of this easement.  The recommended approval is subject to the City Attorney's final review and approval of the easement documents. FISCAL IMPACT: The purchase price of the drainage easement is $3,870 and is included in the project budget, funded by the Stormwater Utility Fund, line code #3800-65000-30162 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   Consent 203 PAGE 2 OF 3 - May 13, 2013 RECOMMENDATION: Staff recommends the City Commission provide authorization to obtain a Public Drainage Easement at 244 Morton Lane for the amount of $3,870, subject to the City Attorney's review and input, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: 1.Exhibit 1 - Public Drainage Easement (7 pages) 2.Exhibit 2 - Stormwater Outfall Design Drawing (1 page) Consent 203 PAGE 3 OF 3 - May 13, 2013 EXHIBIT 1 Prepared by and return to: City of Winter Springs Attn: City Manager 1126 East S.R. 434 Winter Springs, FL 32708 PUBLIC DRAINAGE EASEMENT THIS EASEMENT ___________ ____________ is made thisday of2013 : By _____________________Michael and Corinne Rosenberg_______________________ Having a mailing address of: 244 Morton Lane Winter Springs, FL 32708 CITY OF WINTER SPRINGS, (hereinafter called "Grantor") in favor of the FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East State Road 434, Winter Springs, Fl 32708 ("Grantee"). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the City of Winter Springs at 244 Morton Lane: and WHEREAS, Grantor desires to convey a drainage easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee ingress and egress to operate and maintain certain public stormwater improvements and other incidental appurtenances: and WHEREAS, Grantor, as fee simple owner of the easement property, also agrees to assist Grantee in obtaining any local, state, or federal permits required to maintain the public stormwater improvements and any other incidental appurtenances and accessories thereto: and WHEREAS, Grantor and Grantee believe that this public drainage easement is in the best interest of the public health, safety, and welfare of the citizens of Winter Springs and Seminole County NOW, THEREFORE, in consideration of the enumerated publicpurposes stated herein, and mutual covenants, terms and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor provides as follows: 1)Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2)Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, successors, and assigns, subject to any previous duly recorded easements or grants of record, public access and improvements and maintenance easement over, under, and across the real property described as follows: See Exhibit “A” attached – Sketch and Legal Description (the “Property”) 3)Purpose of Easement. It is the express purpose of this easement to provide Grantee unconditional ingress and egress to operate and maintain public stormwater facilities over, under and from the Property for the purposes stated herein. 4)Easement Purchase Price. The purchase price for the easement shall be Three Thousand Eight Hundred Seventy Dollars and 00 Cents ($3,870.00). Grantee shall pay the Grantor the purchase price in full at the time of Grantee’s execution of this Easement Agreement. 5)Rights of Grantee. To accomplish the purposes stated above, and at Grantee's expense, the following rights are conveyed to the Grantee by this Easement: a.To use the Easement for ingress and egress and to construct, operate, and maintain public stormwater facilities over, under, and across the Easement for the benefit of the public; and b.To prevent any activity on or use of the Easement that is inconsistent with the purpose of the Easement, and to require the restoration of areas of features of the property that may be damaged by an inconsistent activity or use; and c.To cut, trim, and keep clean such trees, brush, and undergrowth that might interfere with the public stormwater facilities within the Easement; and d.To take any civil action deemed necessary, at the Grantee's sole and absolute discretion, to protect and preserve the Easement granted hereunder. 6) Permits . The parties acknowledge that certain local, state, and federal permits may be required from time to time for purposes of constructing, operating, and maintaining the public improvements and other incidental appurtenances and accessories referred to herein. Grantor, as fee simple owner of the property, hereby agrees to allow Grantee, at Grantee’s expense, to make application for said permits and also agrees to join in any said permit (as signatory or otherwise) when required by any permitting agency for issuance of the permit. 2 Notwithstanding, Grantee shall be solely responsible and liable for complying with any local, state, or federal permit requirements, obligations, and duties (if any) related to the construction, operation, and maintenance of the public improvements and other incidental appurtenances and accessory structures. 7) Easements Run with the Land. This Easement shall remain a charge against the Property. Therefore, this Easement shall "run with the land" and be automatically assigned by any deed or other conveyance conveying a portion of the Property relating to this easement, even though conveyance makes no reference to this Easement as such. 8) Attorney's Fees. In the event of any legal action arising under this Easement between the parties, the parties agree to incur their own attorney's fees, court costs, and expenses, through all appellate proceedings. 9) Recordation. Grantee shall record this instrument in a timely fashion in the Official Records of Seminole County, Florida and may re-record it at any time as may be required to preserve its rights in this Easement. 10) Successors. The covenants, terms, conditions, rights, and restrictions of this Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the Property. 11) Grantors Representations and Warranties. Grantor hereby agrees and makes the following representations and warranties to Grantee: a.Grantor is lawfully seized of said Property in fee simple and has full and lawful authority to execute this Easement, convey the Easement to Grantee, and bind the Property as set forth herein. b.The Property is free of any and all encumbrances, except zoning restrictions and prohibitions and other requirements imposed by government authority and other encumbrances which are recorded in the public records of Seminole County, Florida. c.Grantor shall pay any and all taxes that are levied on the Property, from time to time, as said taxes and assessments come due. d.Grantor hereby warrants the title to the Easement granted hereunder over, under, and across the Property and will defend the same against lawful claims of all persons whomever. 12)Grantee's Right to Seek Equitable Relief. Grantor agrees, acknowledges and recognizes that any breach of this easement by Grantor would result in irreparable harm to Grantee and the public, and accordingly, Grantor agrees that in addition 3 to and not in lieu of all legal and equitable remedies available to Grantee by reason of such breach, Grantee shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of the breach. 13)Entire Agreement. This Public Drainage Easement Agreement constitutes the full and entire agreement between the parties hereto and supercedes any oral or written prior communications between the parties related to the subject matter contained in this Easement. The Easement shall be governed by the laws of Florida. 14)Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Grantee's potential liability under state or federal law. 15)Modifications. This Agreement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns heirs, or representatives thereto. 16)Grantors Duty of Noninterference. Grantor agrees not to interfere or allow others to interfere with Grantee’s rights to use the Property as specifically set forth herein. Grantor agrees not to permit or allow the construction or erection of any building or structure on the Property without prior written consent of the Grantee. 17)Termination. The parties agree that this Easement is intended to be perpetual. However, in the event the Grantee determines, at its sole discretion, that it no longer requires the property for publicimprovements described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day and year above written. WITNESSES: Michael and Corinne Rosenberg GRANTOR () _____________________________ by ___________________________ Print Name____________________ Print Name ____________________ _____________________________ by ___________________________ Print Name____________________ Print Name ____________________ 4 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this ______ Day of ______, 2013 by ______________________who is/is not personally known to me, or has produced ________________________ as identification. ______________________________ NOTARY PUBLIC WITNESSES CITY OF WINTER SPRINGS (GRANTEE) __________________________ __________________________________________ Print Name ________________ By: Kevin L. Smith City Manager __________________________ Print Name_________________ STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this ___ day of _____, 2013 by Kevin L. Smith, City Manager of the City of Winter Springs Florida who is/is not personally known to me, or has produced_____________________ as identification. ____________________________________ NOTARY PUBLIC 5 EXHIBITA EXHIBITA 1'-0" N Drawing name: J:\\W04154\\Civil\\DWG\\Design\\W04154-sht 3 Site Development Plan.dwg Apr 30, 2013 - 1:46pm bbuencamino