HomeMy WebLinkAbout1999 12 06 Consent Item B
COMMISSION AGENDA
ITEM B
Consent X
Informational
Public Hearing
Regular
December 6. 1999
Meeting
~
Mgr. / ;;&ePl,
Authorizatio - -
REQUEST:
The Community Development Department --Engineering Division -- requests the City
Commission grant a non-exclusive Easement to Contravest, Inc., at the Proposed Fire Station site
on SR-434.
PURPOSE:
The purpose of this agenda item is to request the City Commission grant a non-exclusive
easement, on a portion of the north side of the City's proposed fire station parcel. This will allow
Contravest, Inc. (Courtney Springs Apartments) to place a storm pipe in the easement providing
them with a positive stormwater outfall, to one ofFDOT's storm structures.
CONSIDERATIONS:
Courtney Springs Apartments routes storm water pond outflow to the existing 2.6 acre pond to the
northwest of the apartments and on the south side of SR-434. This is in compliance with all
permits, including the St. Johns River Water Management (SJRWMD) permit. The stormwater
from the 2.6 acre pond is designed to connect, via a pipe, to the FDOT outfall manhole (S-412).
This will allow the treated storm water, from the ponds at Courtney Springs Apartments, to have a
positive outfall to Howell Creek via the FOOT storm system.
The FDOT outfall structure S-412 is at the north edge of the City's proposed fire station parcel and
approximately eighty (80) feet to the west of the existing 2.6 acre pond. For the developer,
DECEMBER 6, 1999
CONSENT AGENDA ITEM B
Page 2
Contravest, to place a control structure at the northwest point of the existing 2.6 acre pond and
make a piped connection to FDOT structure S-412, they will be required to cross a small portion
of the City's fire station parcel on its north side. The attached non-exclusive easement would
allow them access and not interfere with the City's site being used for a future fire station. The
attached easement document has been found acceptable by the City's attorney and the developer's
attorney. .
FUNDING:
n/a
STAFF RECOMMENDATION:
The City Engineer recommends approval of this easement document. The Public WorkslUtility
Director, Kip Lockcuff, states that he does not have a problem with the easement.
ATTACHMENTS:
A. Plan view drawing of the site showing the proposed connection to the FDOT manhole
B. The subject easement document, signed by Contravest, Inc.
C. The FDOT permit allowing Contravest to connect to their storm system.
COMMISSION ACTION:
ATTACHMENT A
- ..-- -- - - - - -... - - ---- ----- -- --- ....- -.. - ----..-.....-.. - -... - - -- -.....- - -- ---
~
EXIST SR. 434
STRUCTURE S-414
"
I~EXIST 30"RCP
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= = ~Exlsf 24"RCP = =,,= CO="5i.;00 ~F =3Cr=RCP = =
r"
EXIST,DBI TYPE D----------C
(S412 FOOT SR4341
GRATE EL. 22.80
FL.14.D
------\-
CORE BORE EXIST.
INLET. CONNECT 30-
RCP f!:) INV ./9.0
====~EX~T JiRCP=======================================
CONST. STORM MANHOLE
GRATE EL.24.5
FL.i9.D
PROPOSED 15' DRAINAGE
EASEMENT
PROPOSED
FIRE STATION
SITE
- - - - - - - -:- - - - -L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CONS .55 LF 30' RCP
/CONST. TYPE D INLET
GRATE EL.22BO
F L.i9.D
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EXIST]
LAKE
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ATTACHMENT "A"
ReVISIONS SUBMIT T AI.. DATE
DESCRIPTION DATE 8Y DESCRIPTION Of' OR BoWYER,sJINGLEION
COl,lNh
wuo.
f." & ASSOCUATIES, [NCOIRIPORATIED
,oJ'f"IOv.....
"'". fNCI.HEIIlINC "lANNIHC su....,.: 'tINe (NVIlIlOHM(NTAl
520 SOUTH .....=oCr.IOLlA. AvEr.jUE ' ORLAIIOO. FLORIDA. 32801
,.,s-i1lA,l 407-543-5120 FA.:-: 407-649-8664
ATTACHMENT B
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO: '
Daniel T. O'Keefe, Esquire
Shutts & Bowen LLP
20 N. Orange Ave., Ste. 1000
Orlando, FL 32801
Parcel J.D. #: a Portion of31-20-31-5BB-0000-019A
EASEMENT AGREEMENT
THIS EASEMENT is made this _ day of ,1999, by The City of Winter
Springs, Florida, a mUnicipal corporation duly created and existing under and by virtue ofthe laws
of the State of Florida, whose address is 1126 East S.R. 434, Winter Springs, Florida 32708,
hereinafter referred to as the "City" in favor of Courtney Springs Limited Partnership, a Florida
limited partnership, whose address is 250 International Parkway, Suite 220, Heathrow, Florida 32746
hereinafter referred to as "Grantee."
(Wherever used herein, the terms "City and "Grantee" shall include all the parties to
this instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations, partnerships (includingjoint ventures), public
bodies and quasi-public bodies)
WIT N E SSE T H:
WHEREAS, City is the owner of certain lands described as:
See Exhibit "A" attached hereto and made a part hereof (the "Easement Area"); and
WHEREAS, Grantee is the owner of certain lands described as:
See Exhibit "B" attached hereto and made a part hereof (the "Benefitted Property").
NOW, THEREFORE, for and in consideration ofthe sum ofTen Dollars ($1 O.OO)and other
valuable considerations in hand paidtothe City by the Grantee, the receipt and sufficiency ofwhich
is hereby acknowledged, the City does hereby grant, bargain, sell, convey and warrant to the
Grantee, its successors and assigns forever, a non-exclusive easement and right-of-way for utility
purposes, with full authority to enter upon, excavate, construct and maintain, as the Grantee and its
assigns deem reasonably necessary, water pipes, storm water pipes, and any other necessary related
facilities, other than swales, over, under, and upon the Easement Area, subject to the following terms
and conditions:
RECEiVEDl
ATTACHMENT "B"
NO V ;J 8 199~
:.."; I r':, ~!~ ,~~ 1,' r ~ .i~ :'::,:,';~, :t~,; ),f"t' i i .:.-;::':
1. Use. City agrees not to build, construct or create, or permit others to build, construct or
create any structures on the Easement Area that interfere with the location, excavation,
operation or maintenance of the utilities, or any facilities installed thereon unless Grantee
agrees to allow City to relocate the utilities at City's expense. The City does hereby
covenant with the Grantee that it is lawfully seized and possessed of the real estate above
described, that it has a good and lawful right to convey the said easement and that it is free
from all liens and encumbrances, except for matters of public record as of the date hereof.
The City reserves the non-exclusive right to utilize the proposed water pipes, storm water
pipes, and related facilities, provided such use does not in any way interfere with or increase
the cost of Grantee's use thereof. Upon completion of the city fire station on the property
adjacent to the Easement Area, and provided that the City's use does not in any way interfere
with or increase the cost of Grantee's use thereof, City retains the non-exclusive right to
utilize the proposed water pipes, storm water pipes and related facilities, as well as the right
to utilize Grantee's existing 2.6 acre retention area at the east end ofthe Easement Area for
stormwater retention. Nothing herein shall be construed as prohibiting the City from using
the Easement Area in any manner whatsoever, including, but not limited to, use as a
municipal fire station site, provided said use does not interfere with Grantee's use allowed
under this Easement Agreement.
2. Liability and Indemnification. Grantee shall indemnify and hold City harmless, except for
loss or damage resulting from the negligent or wilful acts of City from and against any
damages, liability, claims and expenses, including reasonable attorney's fees, whether before
trial, at trial or on appeal, in connection with the loss oflife, personal injury and/or damaged
property arising from or occasioned wholly or in part by any negligent or wilful act or
omission of Grantee or its permittees with respect to its use of the Easement Area. .
3. Applicable Law. This Easement Agreement shall be construed in accordance with the laws
of the State of Florida and may not be amended other than by written agreement executed
by the parties hereto, their successors or assigns.
4. Term. All rights and obligations created hereby shall be perpetual in duration and shall run
with the title of the properties benefitted or burdened thereby.
5. Binding Effect and Transfers. This Easement Agreement and the rights, duties and
obligations created hereby shall be binding upon and inure to the benefit of Grantor and
Grantee and their respective successors and assigns as owners of any ofthe lands benefitted
or burdened by the terms hereof, and shall be a covenant running with the title to the land
herein described. Any transferee of any part ofthe lands described herein shall automatically
be deemed, by acceptance ofthe title to any portion thereof, to have assumed all obligations
ofthis Easement Agreement relating thereto, and the transferor shall, upon the completion
of such transfer, be relieved of all further liability under this Easement Agreement.
-2-
6. Severability. If any provision of this Easement Agreement, a portion thereof, or the
application thereof to any person or circumstances, shall be held invalid, inoperative or
unenforceable, the remainder of this Easement Agreement, or the application of such
provisions or portion thereof to any other person or circumstances, shall not be affected
thereby; it shall not be deemed that any such invalid provision affects the consideration of
this Easement Agreement; and each provision ofthis Easement Agreement shall be valid and
enforceable to the fullest extent permitted by law.
7. Enforcement. City and Grantee hereby covenant and agree that this Easement Agreement
is specifically enforceable because monetary damages would be insufficient to redress the
denial of such easements.
8. Remedies. Each party shall have all remedies available at law or in equity, including the
right of specific performance and/or injunctive relief, to enforce their respective rights under
this Easement Agreement. All rights and remedies provided herein or otherwise existing at
law or in equity shall be cumulative, and the exercise of one or more rights or remedies by
either party shall not preclude or waive its right to the exercise of any or all other rights.
9. Attorney's Fees. In the event oflitigation arising from the effort of either City or Grantee
to enforce the provisions of this Easement Agreement, the prevailing party shall be 'entitled
to recover from the nonprevailing party, its reasonable attorneys' fees and costs, whether at
trial or on appeal, as well as costs incurred in any post judgment proceedings.
10. Counterparts. This Easement Agreement may be executed in any number of counterparts,
each of which, when executed and delivered, shall be deemed an original, but all counterparts
shall together constitute one and the same instrument.
IN WITNESS WHEREOF, City and Grantee have set their hand and seal as ofthe day and
year first written above.
-3-
SIGNED, SEALED, AND DELIVERED IN
THE PRESENCE OF:
Signed, sealed and delivered in our presence
as witnesses:
CITY OF WINTER SPRINGS
Signature:
Signature:
Printed Name:
Printed Name: Paul P. Partyka
Signature:
Title: Mayor
Printed Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this _ day of , 1999,
by Paul P. Partyka, Mayor ofthe City of Winter Springs, who is personally known to me and did not
take an oath.
{Notary Seal must be affixed}
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
Approved as to form and content:
City Attorney
-4-
Signed, sealed and delivered in our presence
as witnesses:
\' ~""
Signature:.~,i..""'-\~_ ~-t~
.
Printed Name:~\~"'-Lu\.:_~ '~l^::> ,u_
Signature: L~ir1/wrJL.1f,~
v
Printed Name: Sv LC\ V\ V"'<L ~((tc~
GRANTEE:
Courtney Springs Limited Partnership, a
Florida limited partnership
By: Courtney Springs Development, Inc.,
a Florida corporation, its general
partner
By: s:;?~~,":\Ii.W&!.15;.:,;;~";, "
~ :; \''....'~-.UEN ''',~~r;. ;", '
John A :Chaffer 'l!l~~ii~~~~{I:f' .
secretaryrrreasurer\i~l~~~~Jl~i~ji~j~
. .1t,';i. ,,,Iv;,,,r.' ,,~.l)i;7 -I:.,,,'.".,.. {"" '."
..... :\)~~~~~&~~~~~i:;
-5-
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this ~ day of \\v \)'( ,,^-, \, .....'- , 1999,
by John A. Schaffer, Secretary/Treasurer of Courtney Springs Development, Inc., who is personally
known to me.
{Notary Seal must be affixed}
totbR/> ) '-:!1 ~
Signature of Not
1r\ Boettchet
"''''' Coueen ice 8\43n
~ ~ "'~cotlllt'li~oA~' \1.100\.
= .: BJqllTe~ ~
;. \ i ~aa'l \fiOo
"" Of ~\An~
'I".."
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORL95 129849.2 - CEJ
-6-
SHEET IOF Z
SEE SHEET Z OF Z FOR LEGAL DESCRIPTION
o
C\J
EXH I BIT" A"
!....
Ltj
-..J
<:(
<..>
lI)
POINT OF
COMMENCEMENT
NORTHEAST CORNER
CREEKS RUN
----r--
4
- - - -- - -- -- - ------ --- -- - --- -- --- - - -- - ---- - - - -- - - - ----
I
I
b:
/').
...: L South rlgf7t-of-way line
I
S89'49'07.E 195033' --......
---~-r- -~--~- -----iWWSSE
,f' '!> I I 15.DO'
~ ~ ~~y I : 15' X 35' F .D.D.T. 1
I?JI?J'I;- ~ I DRAlNftCE EASEMENT
< :?
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01'--
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STATE ROAD 434
RIGHT-OF-WAY MAP SECTION 7707D-25fl
030' RIGHT-oF-WA'O
N89"49'/S'W 69.50'
SlW49'GrE
7.63' ') III
q
- ~
o ""
~ ..:
, \Q
t1\
SlW49'GrE 6OJ)()'
SO(7/O'SJ'W
5.DO'
POINT OF
BEGINNING
0.023 ACRES ./-
.
--
LEGEND
PB - PLAT BOOK
PG.- PftCE
F.D.D.T - FLORIDA DEPARTMENT
OF TRANSPORTATION
NOTE:
BEARING STRUCTURE BASED ON THE SOI.ffH RIGHT-OF-WAY
UNE OF STATE ROAD 434. BEING S89'49'07.E.
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
CERTIFICATE OF ,llIffHORIZATION NO. LB 1221
SEMINOLE
COUNTY
FLORIDA
,,:,,~"2.;;', j..,. . .', ,'. .;;~,' ,',
SANDff~' V.ti'.A/l..Eir. . (.pSM. . ". .'. ..
UC{!-I~ii~w.~J1.BW\U"49T.'?~ J...' "
..'~" r t.;"~~~. ,J) ,'.. '.'
NUr ~N.J~' ,)d-~,i~2~l.ii;;,);.~RE' -;';;D"THE ORJGIN~
IWseD sv"': DF'''A FLORIDAcuceNseD SlI""D'OR AND """peR
BoWYER
SJNGJLETON
&. AssOCIATES, INCORPORATED
DRAINAGE
EASEMENT
(HO'H((II'HO . rlAHHINO . IUIIVrYlHO . r",,'IIOH'UH'AI
520 SOUTH MAGNOLIA AVENUE
ORLANDO. FLORIDA' 32801
(407) 843-5120
7/19/99
PT
TUS4SI<8.o01
TUS4SP4,PTS
SHEET 2 OF 2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31
EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF CREEKS RUN, AS RECORDED IN
PLAT BOOK 53, PAGES 1-3, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF
STATE ROAD 434, PER RIGHT-OF-WAY MAP SECTION 77070-2517; THENCE
RUN S89049'07HE, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
STATE ROAD 434, A DISTANCE OF 195.33 FEET FOR A POINT OF
BEGINNING; THENCE CONTINUE S89049'07HE, A DISTANCE OF 60.00 FEET;
THENCE, RUN SOoo10'53HW, A DISTANCE OF 5.00 FEET; THENCE
S89049'07HE, A DISTANCE OF 7.63 FEET; THENCE DEPARTING SAID RIGHT-
OF-WAY LINE, RUN S10023'19HE, A DISTANCE OF 10.17 FEET; THENCE
N89049'15HW, A DISTANCE OF 69.50 FEET; THENCE NOoo10'53HE, A
DISTANCE OF 15.00 FEET TO THE POINT OF BE~INNING.
CONTAINING 986 SQUARE FEET AND/OR 0.023 ACRES, MORE OR LESS.
SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY.
SEMINOLE
COUNTY
FLORIDA
BoWYER
SlNGLETDN
& AsSOCIATES, INCORPORATED
DRAINAGE
EASEMENT
(NCIHH.UNC . 'LANNfNQ . SURV('fIHC . lNVIRONMrMrAl
520 SOUTH MAGNOLIA AVENUE
ORLANDO, FLORIDA 32801
(407) 843-5120
7//9/99
TUS4SKB.DO/
..,..., ,,::"-,ArOA OT~
Exhibit "B"
Lot 1, Tuscawilla Tract 15 Parcel 1-C, as recorded in Plat Book 56, Page 30, Public Records of
Seminole County, Florida
ATTACHMENT C
~ 12/Bl/1SSS BB:15
(jB7S775535
_, FPsn OVIEDO
PAGE B2
..'~
srATE OF FlOlUD^ O~MTM.EJIT Of ffiANSPORTAnON
DRAINAGE CONNECTION PER1\'llT APPLICATION
FORM '91.1)
ROAOW A Y OE:s1Ct-l
tOfU
SUite Road No. 434
R~C~!\!SD
-r 1\ . ( . ....1-.-' I. \lr"I~
9~J) - 573 - O<?17 O"'~E.JJ D~~:';'" i ;,:',/c;l z-g / 7 g
. ClQ JMl 15cf'" 2: '12 I
Mawtc:lWlce tJr1It ~
Constru(;tion Project No. 5/J~~/ J, Tv7Ttt!A
To be completed by DOT
Drainage Co~ion Pennit Application No.
Received By tJ!n
Section No.
?7~'?C::>
(,.39'1
Station
FROM
TO
Milepost
Co V '(L. jLJ( '1
Sfr<..tN~J
To be completed by Applicant
Applicant'5 Name:: Cont..aVest Construction Company
CITY
Project Name:
250 International Parkway. Suite 220 ( 407
STRUT
Heatnrow Seminole
COUNTY
Tu~cowilla Tract 15 PDrcel 1C Apartmento
333~0066
TEJ.EPHONE NO:
Florida 32746
STATE ZIP
Address:
Location:
South side of 434, west of..Vistewill~ Drive
STREET SR. NO. ' US' HWY NO.
Seminole
WInter Sp..ing$
CITY
COUNTY sEdIONeS) TOWNSHl~(SJ RANGE.(S)
Brief Description of Activity Proposed: Constructi on of two wet detent; on ponds to serve an. 6 acre
multi-family site.
Briefly Describe Why This Ac::ti\'ity Require, a Dra~ge COfUlection Pennie (lnc:lude Where the Stormwater Will Discharge)
Stor~NBter discharges off-site to an existing lake. The e~istin9 lake over flows during certain storm
,~
events to an.'; nlet designed to ilcconmodate th;:I flow. This inlet is pert of the SR 434 stormwllter system
whicn conVeY6 the flo~ to Howell Creek.
NOTE: Ru/~ Clwpt~r I ~86. 004 spr.cifit!s the t..XDct da1a rr.quiremcnrs wJu'ch comrClure a camp/ar. appliC.aIion. Thi.r form ~ br. submiar.d
with all thi nqwr~d Items in qu.a.druplicQu. ~se indurk:
-L- Affidavit of OwftLrJhip or Cc/Uroi
2- Legal ~scripliOfl ,
...l- StaJemenJ of Coll1lguous /nUrtSl
-1..- COmpUlatiolU
..L Ctnificaricn
2-.. Photographs of E.risring ConditioTU
-X...- Lowion Map
....L- Grading Plan
....l-. Soil Borings
Warer Tahle/Percolm/oft
J....- Pmnit Form J9Z-I3
Please mark Items wbich have been submItted
1 HEREBY CERTIFY THAT THE INFORMATION SUBMITTED IN THIS APPLICATION IS COMPLETE,
ACCURATE, AND INDICAT . OF THE ACTIVITY AND OF THE EXISTING AND PROPOSED
DRAINAGE/STORMWATER GEl\'fENT FEATURES AND PATIERNS.
APPLICANT " .
Gerald D.
NN-I.f
Huethro...
CITY
, \ t:;; -S - c;;ss.
DAn
(SIGN)
International Parkway, Suite 220
(MAlLlNG ADDRESS)
Flori dll
STATE
ITRLej
3271+ 6.
ZlP
407 333-0Q66
. TELEPHONE
R';("''-:'''''-'
If this application ill lIii:ned by a repr~'ntative of the applicant. 1I letter of authorizalion from the pennit~ must be alUched.
__ _______ ______..___p______ O~: ~ " 'N ' 'UCYcu:t)r,v~*
ATTACHMENT "C"
.~ 12/B1/1 '3'3'3 B8: 15 4137'3775535
/
/' I
/ .
/1'0 be completed by DOT
Drainage Connection Permit Application No. f 8' P - ~f 3. - CO/ 7
FDOT OVIEDO
DRAINAGE CONNECTION PERMIT
PAGE 133
~UKM '92-1)
ROADWAY DESIGN. IOtaS
P'Jo 1 or J
State Road No. 434
Construction Project No. ...$"// 7 c.~f'
Section No. '/ ?O,? 0
6,3yr
StalloD
6-FROM
TO
Milepost
To be completed by Applicant
I, Garald D. Oqier, President of ContraVest Construction ComOllny ( 407 ) 333-0066
(NAME OF APPUCANT) (TELEPHONB)
250 International Parkway, Suite 220
(MAlLING ADDRESS)
He8throw
(CITY)
. Floride
(STATE)
32.746
(ZIP)
having read the terms and conditions which follow, request pennissioD to COllbtnlCt and operate a drainage connection between
(DESCRlBE YOUR FACILITY)
Courtney Spri"~6 Apartments 'and SR 434 stormw8ter system. ,The on-site
system ~on~ists of two wet detention ponds th~t are equaliZed and the conveyence system that services
the pllrking lots and buildIngs.
and the facilities of the Department of TrampoIUtiolJ by coosttuction of a (DESCRIBE PROPOSED CONNECTION)
A Type "HI' drop structure from Pond A2 whi ch dl scl'1uge to ~n exi sti"9 lake. Th16 1 ake over f1 ows
during cortain storm events to an FOOT inlet designed to accommodate this flow.
on the Department's right of way at the following locatioo: SR 434 - Adj~cent to Pond #4 - Approximately
Station 668 + 60 on SR j)4.
00 State Road No.
434
U.S. HIghway No.
Couniy
. ;:)2/BlI19'39 BEl: 15
F /
/
To be completed By'DOT
.:187'3775535
FDOT OVIEDO
PAGE El.:1
FOR~I $'nIJ
ROADW A Y DESIGN. JUI36
"'Be 2 DO
1. This permi~ is a licell5e for permissive use only and does nol coovey any property rights either in real estate or material. or
any exc:1u.sive privilege and it does not authorize any injW')' to private property or invasion of private rights, or any infringement
of Federal. State or local laws or regulations; nor does it obviate the necessity of. obtaining any required State or local approvals.
1. The drainage connection as authorized berein shall be consuucu::d and thereafter maintained in accordiwce with the documems
attached hereto and incorporated by reference herein. All construction 00 the Department's right of way sball conform to
Department specifications and the Department's manual on Traffic ControlS and Safe Practices (or Street and Highway
Construction, Maintenance and Utility Operation. Such construction shall be subject to the supervision and approval of the
Department, and the Department may at any time make such inspections as it deeD15 necessary to assure that the drainage
connection is in compliance with this permit.
3. The enUre e::r;pell5e of construction within the Department right of way, including replacement of existing pavement or other,
existing features, shall be borne by the permittee.
4. The permittee shall maintain that portion of the drainage connection authorized herein loca.ted on !lis property in good
condition. The Department shall maintain that portioo of the drainage connection authorized herein located within its right of way.
5. If the drainage cotu1ectiou is oot cons rructed , operated or maintained in accordance with this permit, the permit may be
suspended or revoked. In this event modification or ,removal of any portion of the drainage connection from the Deparunent's
right of way shall be at the permittee's expeillie.
6. The Department reserves the right to modify or remove the drainage connection to prevent damage or in conjunction witb road
improvements .
7. The perminee shall make no attempt to forbid the full and free use by the public of all navigable waters at or adjacent to tbe
drainage connection.
,
8. (t is understood and agreed that the rights and privileges herein set out are granted only to the extent of the Deparnnent's right,
title, and interest in the land to be entered upon and used by the permittee, and the perminee will. at all times, assume all risk
of and indemnify, defend and save harmless the Department from and against any and all loss, damage, cost or expense arising
in any manner on account of the exercise or attempu:d exercises by said perminee of these rights and privileges, regardless of the
respective degrees of fault of the parties.
9. The permittee shall notify the Departnienr of Transportlltion Maintenance Office located at Cl V 1 r ()~
F-\ c. \'- 0 fl'^ S Telephone (" 0 1) '117. (, ~ u..;-
24 hours in advance of starting any work on the drainage connection aulborized by tI:l.is permit and also 24 boursprior to any work
within the right of way. ConstrUction of any work on the right of way shall be completed within days after such
notification. If such COIlStruction is not completed witb.in _ days after sucb notification. the permittee shall notify the
Department of the anticipated completion date.
10. Utilities, including sas lines, may be located witb.in the right of way. Prior to beginning work the permittee shall contact
the Clerk of the Circuit Coun for tbe name, address, and telephone number of any gas line owner who will provide informarion
upon request 00 possible conflicts betweeo the gas line and the penWttee '.5 drainage COIlDection. The perminee shall also locate
all utilities and obtain information from utility owners as to possible conflicts between utilities and the drainage connection. The
permittee shall be solely responsible for any damage to or coo.fiicts with gas lineS, utilities and/or third perSOilli.
11, This permit shall expire if construction on the drainage connection is DOl begun witb.in One year from the date of approval
and if constrUction on the drainage connection is not completed by (Date) 1--1 (,.1 - ~1-
12. All the provisions of this permit shall be binding 00 any assignee or successor in interest of the permittee.
.. '
~. .
<1137'3775535
FDOT OVIEDO
PAGE 135
"J"-\1 ~Yl'lJ
ROADWA Y DESIGN. 10186
P'lt 3 or 3
I
Gerald D.
Construction Co.
(MAlllNO ADDRESS)(CITY)(ST A TEllZIf)
WitDOOiB}fBAVEST ,,,,......- ~.' -
250INTERNATIOf'YJ:PKWY
St1~~E~D')
HE J
(MA!UNG ADDRESS)
250 International Parkway, Suite 220
Heathrow. rlor1da 327~6
(CITY)(ST A TEl(ZlP)
To be completed by DOT
The above request bas been reviewed and bas been found to lDeer the regulations as prescribed, and is hereby approved, subject
to the following special conditions: .
Approved for Plans D,,!ed IZ/((17~ (1/"/9"/ SIfl'"'"%)
Approy.sa !O:' C~iCL.'k;;~~(';~IJ D0:!,~;: /~ / fr / '? B'
Department of Transportation:
~A(~.~
. (SIGNATURE)
Ass:st,~i1t Dbtr~::t D((lj('~cc
and F'(-):."iiiti~ F:(I,~j,'"I;"){)r
(TlTI..E)
0,,;/ ~
I ,
(DATE OF APPRO v ALl
To be completed by Applicant
Applicant:
, 19
'lei
, , f~
pted and agreed to this _ day of
(MAILING ADDRESSHCrTY)(STATE)(ZlP)
WiUlessed BY:~-,--"'-~\~
CONTRAVEST
CONTRAVEST
250 INTERNATIONAL PKWV
SUITE 220 '
HEATHROW, FL 32746'
HEATHROW, FL 32746
RECYCt.tl) PAPE1l@