Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

Waliom 93~ t54 4 5t~ NOT A SURVEY SCALE IN FEET Engineering Division laO' 0 100' 200' 10' WALKWA Y EASEMENT TO FWB PUBLIC LIBRARY I"""'""""'" _- MAY 26. 2006 EASEMENT # DWG\ SE\ EZLibrory_ SW SCALE 1" = 100' IDG  CITY COUNCIL MEETING November 28, 2006 Consent Agenda Consideration of request to approve and execute maintenance agreement between Mr. & Mrs. Harris of 268 Ventura Circle, and the City of Fort Walton Beach, regarding property at that address Utilities Director) Council Action 1 st 2nd Vote: CA- 6 Agenda Item Number:  CITY OF FORT WALTON BEACH MEMORANDUM To: Joyce Shanahan, City Manager From: Michael Beedie, Utilities Operations Manager Through: John Hofstad, Utilities Director Date: November 21, 2006 Subject: Maintenance Agreement for Proposed Fence at 268 Ventura Circle NW Background: Mr. Cyrus and Mrs. Adelaide Harris are constructing a new single family home on their property at 268 Ventura Circle NW. The official property description is listed as Lot 10, Block A of Cinco Ridge Estates in Fort Walton Beach, Florida. As part of the new home construction, a concrete block I brick fence is being constructed along the south property line. The boundary survey of the property indicates that there are numerous easements on the a five ( 5) foot wide and sidewalk property: utility easement lies along the east property line, a fifteen ( 15) foot wide utility easement straddles the north property line, and a twenty (20) foot wide utility easement runs along the west property line. The City owns and maintains an existing eight ( 8) inch PVC gravity sewer main that lies within the easements on the north and west lines. There is also an existing stormwater swale property drainage within the twenty ( 20) foot easement on the west property line. The western end of the proposed fence will cross over the easement, sanitary sewer main, and drainage swale. Discussion: The proposed fence was not included on the original site plan that was approved by the City for construction. The fence was added to the project after construction had begun. Construction of the fence began in late spring I early summer with the erection of forms to pour the concrete footer for the fence. Upon inspection of the forms by Staff, it was noticed that the fence extended across the twenty ( 20) foot utility easement along the west property line. By crossing the easement, which includes a stormwater drainage swale, the fence would inhibit the natural flow of stormwater runoff and would lie above the existing eight ( 8) inch sanitary sewer gravity main, which is over four (4) feet deep at MH # 1931 ( northwest comer of property). Staff met with representatives from Mike Josey Construction, the contractor, to discuss the installation of the fence. Because of the potential for the stormwater flow, Staff disrupting requested that a consulting engineer be hired to design alternatives to allow the natural flow of stormwater to continue. Design calculations and details of the fence were to be signed and sealed by a professional engineer licensed in the State of Florida and submitted to the City before any additional work could be performed on the fence. it ~  On August 21, 2006, Staff was once again called to inspect the construction of the fence. The contractor had installed amajority of the concrete block for the fence. However, no calculations or drawings had been submitted or reviewed. It wasn' t until September 11, 2006, when Mike Josey Construction applied for a fence permit, that any information concerning the fence was submitted. Upon review of the permit package, the City developed a list of requirements to obtain approval of the permit,which included the execution of a maintenance agreement between the property owners and the City that would alleviate the City of any liability for repairing or replacing the fence due to maintenance or repairs of the existing gravity sewer main. Mr. Harris prepared and submitted a signed maintenance agreement to the City on October 12, 2006. After completing an in- house review, Staff forwarded the document to the City Attorney for her review and comments. Staff discussed the issue with the City Attorney and incorporated her comments into the agreement document as requested. With the execution of the revised maintenance agreement between the City and Mr. and Mrs. Harris, the City shall be released from all liability repair or replace the proposed concrete block / brick to fence along the south property line of 268 Ventura Circle NW due to maintenance and repair of an existing eight ( 8) inch PVC gravity sewer main. Therefore, Staff recommends approval and execution of the maintenance agreement. Recommendation: Staff requestsCity Council authorization to approve and execute the maintenance agreement between the City of Fort Walton Beach and Mr. and Mrs. Adelaide Harris, of 268 Ventura Cyrus Circle NW. The executed agreement shall release the City from all liability for repairing or replacing a proposed concrete block / brick fence along the south property line due to maintenance and repair of an existing eight (8) inch PVC gravity sewer main, which lies in a twenty (20) foot utility easement on the west property line. If approved, the agreement shall be executed by the Mayor and Mr. and Mrs. Harris and shall satisfy one of the City' s requirements for obtaining a permit to construct the fence. Submitted By: 1/- 01 (;)- 0 ~ Date 11-~- oG Date II"L-7.,' uy-> J c S anahan, City Manager Date 2 Attachments: 1, Maintenance Agreement Between City and Mr. and Mrs. Harris 2. Sewer Reference Map No. 501 3. Boundary Survey of 268 Ventura Circle NW 4. Detail of Proposed Concrete / Brick Fence U:\ Utilities\ CC Staff Rpts\ cc. 061121.268 Ventura Circle Fence. doc 3 THIS INSTRUMENT PREPARED BY: Michael D. Beedie, P. E. City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, Florida 32549 850) 833- 9612 MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that MR.CYRUS AND MRS. ADELAIDE HARRIS, whose address is 268 Ventura Circle NW, Fort Walton Beach, Florida 32548, (" CWH"), and its successors and assigns, and THE CITY OF FORT W ALTON BEACH, FLORIDA, a municipal corporation of the State of Florida,whose address is 107 Miracle Strip Parkway, Fort Walton Beach, FL 32548 (" City"), and its successors and assigns, hereby enter into the following Maintenance Agreement relating to that easement recorded at Official Record Book 16, Page 60, and Book 2020, Page 681 of Okaloosa County ( See Exhibit A). CWH desires to receive City Council approval to construct a concrete block / brick boundary fence See Exhibit B) along a portion of the south property line oftheir property, located at Lot 10, Block A, Cinco Ridge Estates, ( 268 Ventura Circle) Fort Walton Beach, Florida 32548 that shall extend over a Utility Easement (" Easement") previously granted to the City. Therefore, the parties agree: The above recitals are true and correct and incorporated by reference. CWH shall be allowed to construct a concrete block / brick fence over the City' s Easement situated at 268 Ventura Circle NW, Fort Walton Beach, Florida, subject to the following conditions: CWH shall have the exclusive obligation and s Easement responsibility to maintain, repair, and replace the fence structure as long as it stands over the City' if,at any time, the City, in its exercise of any and all rights granted in the Easement, causes any damage to the fence structure or otherwise necessitates clearance, removal, or disturbance of the fence. The City shall not be and assigns, responsible for any costs for such maintenance, repair, or replacement and CWH, its successors shall indemnify and hold harmless the City for such costs. Executed this _ day of 2006. MR.CYRUS HARRIS