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HomeMy WebLinkAbout2026 03 09 Consent 301 - Approval of Resolution 2026-04: Establishing a Stormwater Maintenance Easement on the Cross Seminole TrailCONSENT AGENDA ITEM 301 CITY COMMISSION AGENDA | MARCH 9, 2026 REGULAR MEETING TITLE Approval of Resolution 2026-04: Establishing a Stormwater Maintenance Easement on the Cross Seminole Trail SUMMARY Easement Number 30948 was executed by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida on October 3, 2002 granting rights to the City of Winter Springs for the installation of a gravity sanitary sewer line, water main line and a stormwater drainage culvert. During recent hurricanes, the area including Michael Blake Boulevard and Winter Springs Village has experienced significant flooding. The City had to take temporary, interim emergency drainage measures to help mitigate against flooding including installing temporary pumps. The flooding adversely impacted the residents in the area. Unfortunately, the 2002 drainage improvements made within Easement Number 30948 granted to the City by the State do not mitigate against the flooding especially during heavy rain events. The existing drainage improvements require modifications within an additional area of the existing trail. As such, the City requested modification to the existing lease to support the installation of modified drainage improvements to prevent flooding in the area. Adoption of Resolution 2026-04 by the City Commission is a prerequisite step for the City of Winter Springs to submit an application with the Board of Trustees of the Internal Improvement Trust Fund to approve the use of State owned lands through a modification of Lease No. 30948 or a new lease or easement, as may be required by the Trustees and the City. Therefore, Staff recommends the City Commission adopt Resolution 2026-04. FUNDING SOURCE Not Applicable RECOMMENDATION Staff recommends the City Commission adopt Resolution 2026-04 Request to Lease State-Owned Lands. 10 Resolution 2026-04 City of Winter Springs Page 1 of 3 RESOLUTION NO. 2026-04 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, REQUESTING A LEASE OR EASEMENT TO USE LANDS OWNED BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR DRAINAGE IMPROVEMENTS RELATED TO WETLAND PARK WITHIN THE TOWN CENTER AND THE CROSS SEMINOLE TRAIL CORRIDOR OWNED BY THE BOARD OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (“Trustees”) holds title in fee to certain upland property generally described as the Cross Seminole Trail corridor; and WHEREAS, such property is subject to Amended and Restated Lease No. 4770 dated July 28, 2020, between the Trustees and Seminole County for purposes of the Cross Seminole Trail program, and Seminole County has indicated its support for the City’s request described herein; and WHEREAS, the City of Winter Springs is the holder of Lease No. 30948, executed October 3, 2002, granting rights for installation and maintenance of a gravity sanitary sewer line, potable water main line, and stormwater drainage culvert within a portion of said property; and WHEREAS, the City owns adjacent property known as Wetland Park, which is the proposed discharge location for a new drainage outfall structure; and WHEREAS, the City has identified recurring localized flooding in the vicinity of Tuskawilla Road and Michael Blake Boulevard and has determined that modification of Lease No. 30948 is necessary to authorize installation of a new drainage pipe and outfall structure discharging into Wetland Park in order to alleviate flooding and protect public infrastructure and property; and WHEREAS, the City Commission of the City of Winter Springs declares that this Resolution is in the best interests of the public health, safety, welfare, convenience, and morals of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I. Recitals. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION II. Request Trustee Approval. The City Commission hereby authorizes the City Manager to submit an application with the Board of Trustees of the Internal Improvement Trust Fund to approve a use of State owned lands through a modification of Lease No. 30948 or a new lease or easement, as may deemed appropriate by the Trustees and the City, to authorize construction, operation, and maintenance of drainage improvements, including a new drainage pipe and outfall structure discharging into Wetland Park, within the State-owned land described in Exhibit 'A' attached hereto. Notwithstanding, the City Manager may modify the land 11 Resolution 2026-04 City of Winter Springs Page 2 of 3 described in Exhibit “A” as may be deemed appropriate during the application process to effectuate the intent and purpose of this Resolution. SECTION III. City Manager Authority. The City Manager is hereby authorized to execute a modified or new lease or easement, and related documents, together with any applications and ancillary documents required by the Florida Department of Environmental Protection and the Board of Trustees of the Internal Improvement Trust Fund, subject to approval as to form and legality by the City Attorney. SECTION IV. Repeal of Conflicting Resolutions. All resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION V. Severability. If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Resolution. SECTION VI. Effective Date. This Resolution shall become effective immediately upon its passage and adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED, by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ____ day of _____________________, 2026. __________________________ _____ KEVIN McCANN, Mayor ATTEST: _______________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ ANTHONY A. GARGANESE, City Attorney 12 Resolution 2026-04 City of Winter Springs Page 3 of 3 EXHIBIT “A” Legal Description and Sketch of State-Owned Lands 13 14 15 16 17