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.
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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
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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 ____________________
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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
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EXHIBITA
EXHIBITA
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Drawing name: J:\\W04154\\Civil\\DWG\\Design\\W04154-sht 3 Site Development Plan.dwg Apr 30, 2013 - 1:46pm bbuencamino