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Home My WebLink About2001 04 23 Consent F.1 Water Line Easement Agreement COMMISSION AGENDA ITEM F.! CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR April 23, 2001 Meeting MGR 0EPT /~ Authorization REQUEST: Utility Department Requesting Approval for a Water Line Easement Agreement for the Southern Water Main Interconnection PURPOSE: The purpose of this Board item is to request approval of a Water Line Easement Agreement with David W. and Sulyn V. McLeod for the Southern Water Main Interconnection. CONSIDERA TIONS: This water line easement agreement is needed to construct the third interconnect between the East and West water systems called the Southern Water Line interconnection, which will improve system reliability. There is currently an interconnection at Oak Hollow Park between Winding Hollow and Oak Forest and a second interconnection has been completed as part of the widening of Tuscawilla Road. The construction of the third interconnect will complete the consolidation ofthe East and West potable water distribution systems, provide looping to the Seville Chase and southern Oak forest neighborhoods, and provide fire protection to Tuscawilla Trail and portions of Dun mar Estates. The route of the interconnection originally was planned to go entirely through Dunmar Estates. However, there has been some opposition raised and an alternative route was defined which accomplishes the same objectives and hopefully averts any potential litigation. The route is similar to what was presented at the August 21, 2000 workshop as Alternative ''D''. CPH has already completed a conceptual design and they are ready to 4230 I CF1.doc April 23, 2001 Consent Agenda Item F. 1 Page 2 proceed with the final design once the easements are executed. In consideration of the easement, the agreement provides for the Grantor's to receive a waiver of two (2) water ERe's (one for each lot) including meter fees, tap fees, connection charges, and application fees valued at approximately $750 per ERe. The easement legal description and survey will be attached to this agreement and provided to the grantors prior to recordation. FUNDING: No funding is needed at this time. RECOMMENDA TION: It is recommended that approval be granted for a Water Line Easement Agreement with David W. and Sulyn V. McLeod for the Southern Water Main Interconnection. IMPLEMENTATION SCHEDULE: The final design will be completed within 90 days of execution of the easement agreements. ATTACHMENTS: 1. Water Line Easement Agreement 2. Location Map COMMISSION ACTION: 4230] CFl.doc A TT ACHMENT NO. 1 Prepared by and return to: Anthony A. Garganese, City Attorney City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 \V A TER LINE EASEMENT AGREEMENT THIS WATER LINE EASEMENT AGREEMENT. is made this day of ,2001, by DAVID W. MCLEOD and SULYN V. MCLEOD, ("Grantor"), having a mailing address of 645 Dunmar Circle, Winter Springs, FL 32708, in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("Grantee"), having a mailing address of 1126 East State Road 434, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, Grantor is fee simple owner of a portion of certain real property (consisting of two lots) located within the City of Winter Springs, Florida, as shown on Exhibit "A" attached hereto and made and part hereof by reference, on which the Grantee desires to acquire a water line easement for the sole purpose of supplying the public potable water; and y ~ WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a water line easement over a portion of the property as shown on Exhibit "B" attached hereto and made a part hereofby reference, to Grantee for purposes of allowing Grantee to install, operate and maintain in perpetuity a water line and related appurtenances as may be reasonably and customarily necessary for Grantee to provide potable water to its customers desiring such potable water. NOW, THEREFORE, in consideration of the enumerated public purpose stated herein, and the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals~ Survey and Legal Description: Conditional Effective Date. (a) The foregoing recitals are hereby incorporated herein by this reference. (b) Upon the signature of this Agreement by both parties, the Grantee shall cause the Easement Property to be surveyed at its expense. The Effective Date of this Agreement is conditional upon the parties mutually agreeing to the survey and legal description of the Easement Property. Agreement shall not be Page -1- unreasonably withheld by either party. 2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, subject to any previously duly recorded easements or grants of record, a perpetual fifteen (15) foot water line easement over, under, and across the real property legally described in Exhibit "B" which is attached hereto and incorporated herein by this reference ("Easement Property"). Said easement shall be of the nature and character and to the extent hereinafter set forth ("Easement"). 3. Purpose of Easement. This Easement is granted for the express and sole purpose of allowing Grantee to perpetually use the Easement Property to construct, operate, and maintain a water line and related appurtenances as may be reasonably and customarily necessary for Grantee to provide its customers potable water. It is also the express purpose of this Easement to provide Grantee reasonable ingress and egress to, over, across, under and from the Easement Property for the sole purpose stated herein. 4. Rights of Grantee. To accomplish the purpose stated above, and at Grantee's sole expense, the following rights are conveyed to Grantee by this Easement: !4 (a) the right for Grantee to install, inspect, alter, improve, repair, rebuild, or replace the water line and related appurtenances; (b) the right of Grantee to clear the Easement Property of trees, limbs, undergrowth and other physical objects which, in the reasonable opinion of Grantee, endanger or interferes with the safe and '" efficient installation, operation, or maintenance of the water line and related appurtenances; and (c) all other rights and privileges reasonably and customarily necessary or convenient for Grantee's safe and efficient installation, operation and maintenance of the water line and related appurtenances and for the enjoyment and use of said Easement Property for the purpose described above. 5. Easements Run with the Land. This Easement shall remain a charge against the Easement Property. Therefore, this Easement shall run with the land and be automatically assigned by any deed or other conveyance conveying the Easement Property, or a portion thereof, relating to this Easement, even though the conveyance makes no reference to this Easement as such. 6. 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. 7. Sovereign Immunity. Nothing contained in this Easement shall be construed as a waiver ofthe 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. 8. Modification. This Easement shall only be modified by a written instrument Page -2- executed by the parties hereto or any successor, assigns, heirs, or representatives thereto. 9. Permits. 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 Grantee's water line and related appurtenances located within the Easement Property. 10. Grantee's Indemnification and Hold Harmless. Grantee agrees to the fullest extent permitted by law, to indemnify and hold harmless the Grantor from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), arising from, out of, or caused by Grantee's negligent or intentional acts, errors, omissions in the construction, operation, use and maintenance of Grantee's water line and related appurtenances located on the Easement Property. 11. Defending Easement. In Grantee's opinion, this Easement serves a public purpose and is important to the operation of the City of Winter Springs' public water system. For purposes of defending that public purpose, Grantee agrees to defend Grantor against any third party action, whether threatened or filed in a court of competent jurisdiction, which has the potential to terminate or limit Grantee's interests under this Easement. Any such defense will be at Grantee's reasonable discretion and expense. '" ~ 12. Grantor's Connection to Water Line. In consideration of granting this Easement, Grantor shall have the right to connect their real property (located adjacent to the Easement I Property) to the water line contemplated hereunder. Connection shall be limited to a maximum of two (2) tap-ins. Each tap-in shall be a two-inch (2") connection. Connection may occur at Grantor's request any time after the water line has become fully operational to serve Grantee's potable water customers. Connection charges, meter fees, and other related connection fees (excluding deposit) in the maximum amount of two (2) equivalent residential units shall be waived by Grantee as additional compensation to Grantor for this Easement. All connections to the water line shall comply with Grantee's applicable policies and procedures. 13. Relocation of Water Line by Grantor. At Grantor's sole expense, Grantor shall have the right to cause Grantee to relocate the water line, provided Grantor conveys a suitable replacement easement in a form and location deemed acceptable to Grantee. Any relocation of the water line will be performed in a manner that causes the least amount of disruption to Grantee's water customers. 14. Restoration of Easement Property. Upon completion of the installation or repair of the water line'and related appurtenances, Grantee shall, to the extent practical, restore the Easement Property to a condition as reasonably close as that which existed prior to said installation or repair. And to the extent Dunmar Circle is affected by Grantee's repairs or installation, Grantee shall restore the affected portion of Dun mar Circle to a condition as reasonably close as that which existed prior Page -3- to said installation or repair. 15. City Arbor Requirements. At Grantee's expense, Grantee shall comply with any applicable requirements of the City of Winter Springs' Arbor Ordinance which are caused by Grantee's installation of the water line and related appurtenances. 16. Entire Al:reement. This Easement 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 laws of Florida shall govern this Easement. IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day and year first above written. . 0 ~ Prin fC. J. Bl2-ob -ul.W-'f1L ~!~a~~.~ ~~.-ex .." ,. ~~~~.s.'~ SUL v. CLEOD, Grantor J. ~hAM tfu~ Print Name: '("I . , . ~h.re.r- STATE OF FLORIDA COUNTY OF SEMINOLE ~he foregoiog instrument was acknowledged and sworn to before me this I J}- 9~yof ~ ,2001, by DAVID W. MCLEOD, Q.),cllO is personally known to me or 0 has,," produced as identificati n. : , : '; i: " \ l: i,.'.:' '. . ,0'. NOT BLIC . ":UII.I, :'> My Commission 1!..""'""'~'ri~.: A~DRE~'LOR'~~z6-Lb:c'ES ~tJ. I MY COMMISSION. if CC 631931 , ~~. EXPIRES: May 9, 2003 HlroJ.~SeM""& Bonding Co. Page -4- ST ATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this I }.-+-- day of Jhi~ ,2001, by SULYN V. MCLEOD,-EtWho is personally known to me or 0 lhis. " ~ced as identificatio . I . '! I,. " L .A ....1 , NOTARYPU :-/"" . : My Commission EXPit~~.~ ;~D~"" LORENZ"U"CES ~\:{ MY C'OMMISSION # Co.631931 , . . EXPIRES; May 9, 2003 l~ARY AIl!\'cin1y Se<vI"" & Bonding Co. -- WITNESSES: CITY OF WINTER SPRINGS, Grantor Print Name: By: Ronald W. McLemore, City Manager "" Print Name: ~ STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this day of ,2001, by Ronald W. McLemore, City Manager who 0 is personally known to me, or 0 has produced as identification. NOTARY PUBLIC My Commission Expires: F:\DOCS\City of Winter Springs\Agreements\water line easement -- MeLeod.kj Page -5- McLeod DUNMAR ESTATE LOT 1 LEG PT OF LOT 147.DESC As BEG 264.76 FT S 83 DEG 37 MIN 38 SEC W OF SE COR LOT 143 BLKD RUN S 17 DEG 19 MIN 32 SEC E 324.69 FT S 4 DEG 51 MIN 36 SEC W 235.33 FT N 85 DEG 3~ SEC W 595.54 FT N 4 DEG 53 MIN 49 SEC.E 440.77 FT N 83 DEG 37 MIN 38 SEC E TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Dunmar Estate Lot 2 LEG PT OF LOT 147 DESC AS BEG ~ 4 DEG 57 MIN 42 SEC E 300 FT & S 85 DEG 38 SEC W 1429.51 FT OF SE COR LOT 147 RUN N 85 DEG 38SEC W 354.06 FT S 65 DEG 6 MIN 7 SEC W 240.82 FT S 4 DEG 57 MIN 42 SEC.W 180 FT N 85 DEG 38 SEC W 100 FT N 4 DEG 51 MIN 36 SEC E 235.33 FT ~ 17 DEG 19 MIN 32 SEC W 324.69 FT N 83 DEG 37 MIN 38 SEC E 264.76 FT S 4 DEG 57 MIN 30 SEC W 25.5 FT N 83 DEG 37 ~ MIN 38 SEC E 156.16 FT NELY ON CURVE 196.58 FT NELY ON REV CURVE 276.84 FT S 14 DEG 26 MIN E 25 FT S 4 DEG 57 MIN 42 SEC W 552.24 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 '" EXHIBIT j 11;4 ~l EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT PROPERTY ." ,. -11- EASEMENT AGREEMENT LOCATION MAP 1 MCLEOD 3 2 BRODFUHRER ~[g2[lQ o i I I 1 i ................ ..........., I I i I I , l .~ ! SCAU, N()j( "'~~~~ ~c ~.~~ Tna~~.~ 'AJC:(4O?)_'_ OAt( _.~._.cow OAT[; APR, 2000 TO rCJlf PRO.I:CT CClNlRO.. _0 JDll N(l _08 DAn R(..SIQH 2rs2 REICH ~ T r........ _ ClIMIllIC IC-.&:. rcn .... Alternate "D" Revised New and Fire Water Line H ydran ts o The cirdes represent the 1,000 foot maximum coveroge from 0 fire hydrant. t Fire Hydront - - Proposed water line CITY OF WINTER SPRINGS Southern Water Lloin Interconnect ):> -l -l ):> (') I ~ m Z -l Z o 5OONOU CQJNTY """'" 9/>0/00 901([ T NO. N