Okaloosa County BOCC — May 17, 2016 — Okaloosa Island Water Supply - Easement Acquisition — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: May 17, 2016 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Okaloosa Island Water Supply - Easement Acquisition DEPARTMENT: Water and Sewer BCC DISTRICT: 2 STATEMENT OF ISSUE: Okaloosa County Water & Sewer (OCWS) staff requests the Board of County Commissioners (BCC) approve of the easement acquisition process for the Okaloosa Island Water Supply project (AKA "Brooks Bridge Water Main Directional Bore"). BACKGROUND: OCWS installed a new water supply main in 2001 to replace an older water main that provided potable water to the residents and businesses on Okaloosa Island. The new main was installed as a sub aqueous horizontal directional drill (or "bore") that extends from the mainland to the Island underneath Santa Rosa Sound. In 2006, the County discovered a leak in newer main and immediately took it off line. The original main was placed back in service because it was the only alternative for maintaining water service to Okaloosa Island. In March 2013, a barge hit and ruptured this water main hanging on Brooks Bridge, bringing further awareness of the importance of water supply to Okaloosa Island. Regarding the current bore, through a series of complex inspections, staff discovered that the main was torn at a location approximately half way across the sound and nearly 70 feet below the bottom of the Sound and was deemed to be beyond repair. The best long term and most feasible alternative was to replace the main with a new sub aqueous pipe; therefore, a water main bore has been budgeted in OCWS' Capital Improvement Plan. Staff has since been working with local property owners to obtain easements that would be needed to construct the directional bore underneath the Sound. One such easement is located within the Playground Inn parcel located just to the west of Brooks Bridge, owned by Emerald Coast Property Group. During our research of this parcel, it was discovered that the City of Fort Walton Beach had a 50'-wide vacated right-of-way located on this parcel, with utility rights retained. After speaking with the City and the property owner, it appears the best course of action would be to execute a 25'-wide joint- use non-exclusive utility easement and to seek to have the utility rights vacated from this 50'-wide vacated right-of-way. The easement would be issued to the County and City, and Emerald Coast Property Group would still retain ownership of the land and could make improvements, provided they meet City requirements and do not conflict with our infrastructure in the easement. The new water main/bore to Okaloosa Island would then be installed in this 25'-wide easement. To construct this project, OCWS would also need a temporary construction easement with access as well. After coordinating with the property owner and the City, staff proposes the following step-by- step process to acquire the easement: 1) BCC approval of this process 2) Emerald Coast Property Group to execute the utilities easement, temporary construction easement, and hold harmless agreement (explained in Step 5). Note that the easement and hold harmless agreement are contingent upon City of Fort Walton Beach approval in Step 3. 3) City of Fort Walton Beach process to approve the release of utility rights within the vacated right-of-way. 4) Upon City approval in Step 3 above, the easements would go into effect, and Okaloosa County would soon thereafter pay the property owner $8,000 (the equivalent of 2 sewer Capacity Expansion Charges) for the joint-use non-exclusive easement. 5) OCWS will demolish a housing structure located on the private property, a portion of which is in the proposed 25' easement, at a time frame mutually agreeable between the property owner and OCWS staff. Note that this structure is on private property, and a hold harmless agreement (attached) would need to be signed by the property owner when the easement is executed in Step 2. 6) As the project moves closer to construction, it is possible that the temporary construction easement will need to be revised, pending hard design and the property owner's business needs. Should this occur, OCWS' Senior Right-of-Way Agent will coordinate with the property owner for the owner to execute a revised temporary construction agreement, mutually agreeable to both parties. Should the City of Fort Walton Beach not approve the release of the utility rights within the vacated right-of-way, the easements would not be considered effective, and Steps 4-6 would not occur. The easement documents, along with a drawing of the easements and an aerial photo depicting the location of the City of Fort Walton Beach's 50'-wide right-of-way with the retained utility rights, are attached for your review and consideration. The easement documents have been coordinated and reviewed by the County Attorney. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval of the easement acquisition process for the Okaloosa Island Water Supply project, including a payment of $8,000 and demolition of a structure located within the easement. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator