HomeMy WebLinkAbout2001 04 23 Consent F.2 Water Line Easement Agreement
COMMISSION AGENDA
ITEM
F.2
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
April 23, 2001
Meeting
MGR rv:nEPT P
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 Bruce 1. and Terri Jo Brodfuhrer 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 of the 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 ofDunmar
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
42301 CF2.doc
April 23, 2001
Consent Agenda Item F.2
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 one (1) water
ERC (one per lot) including meter fees, tap fees, connection charges, and application fees
valued at approximately $750 per ERC. 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.
RECOMMENDATION:
It is recommended that approval be granted for a Water Line Easement Agreement
with Bruce 1. and Terri Jo Brodfuhrer for the Southern Water Main Interconnection.
IMPLEMENTA TION 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:
42301 CF2.doc
ATTACHMENT 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
WATER LINE EASEMENT AGREEMENT
THIS WATER LINE EASEMENT AGREEMENT is made this day of
,2001, by BRUCE J. BRODFUHRER and TERRI JO BRODFUHRER
("Grantor") having a mailing address of 1415 Tusca Trail, 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 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
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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 hereof by 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 ofthe 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 ofthis 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
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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. Riehts of Grantee. To accomplish the purpose stated above, and at Grantee's sole
expense, the following rights are conveyed to Grantee by this Easement:
"
(a) the right for Grantee toinstall, inspect, alter, improve, repair, rebuild, orreplace
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 y
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
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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 ofthe 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.
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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
Property) to the water line contemplated hereunder. Connection shall be limited to a maximum of
one (1) tap-in. The 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 one (I) equivalent residential unit 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.
15. City Arbor Requirements. At Grantee's expense, Grantee shall comply with any
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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 Agreement. 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.
WITNESSES:
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T JO B DFUHRER rantor
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Print Name: SU\'f 1\ 'me ~~OO
STATE OF FLORIDA
COUNTY OF SEMINOLE
. I:", 0 The foregoing instrument was acknowledged and sworn to before me this (.tf'- day of
~j\. ,2001, by BRUCE J. BRODFUHRER, D who is personally known to me or D has
produced ,fl B Jd.L~ 9to - ::;-r ~ T5{Oas identification. .
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NOTAR IC . ."
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AN REA LOR~NZO.t\JM)'~
MY COMMISSION' OC e',:;~~
. 1:):"lt1i;.f;: MI\Y 0, ~
STATE OF FLORIDA 1~N01'ARY f'1..rk">I'!~""'I.>l'\t"'f'1if'l'\~'
11;i."a,;.....o#1-.;.~~A.qf~. .
COUNTY OF SEMINOLE
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The foregoing instrument was acknowledged and swom to before me this 12..~ day of
~ ,2001, by TERRI JO BRODFUHRER, 0 who is personally known to me or- 0"
has produced 1: '-<1_ &0 - '1-5" as identificr~ '1 :' ' "
NOTARY PUB
My Commission E
;'.' , (, II ,',
(D. ANDREA LORENZo:.LUACES
MY COMMISSION # CC 83' 931.
EXPIAIOS: May 9, 2003 " ..
I~AAY foa ~~'Y ~',nioo:l & Ila"tdlI1g Co,
. -:r;~J.:z::.""'''''';:::'
WITNESSES:
CITY OF WINTER SPRINGS, Grantee
Print Name:
By: Ronald W. McLemore, City Manager
Print Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
,.
The foregoing instrument was acknowledged and swom 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
F:\DOCS\City of Winter Springs\Agreements\water line easement -- Brodfuhrer.kj
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Brodfuhrer
LEG BEG N 85 DEG 36 MIN 59.5 SEC W 1241.114 FT OF SE COR LOT 147 BLK D RUN N ~
85 DEG 36 MIN 59.5 SEC W 370.049 FT N 3 DEG .9 MIN 27.5 SEC E 300 FT S 85 DEG
36 MIN 59.5 SEC E 370.049 FT S 3 DEG 9 MIN 27.5 SEC W 300.07 FT TO BEG BLK D
D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5
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EXHIBIT
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EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
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