Fort Walton Beach Council agenda — 02-28-12 regular — reading text

Easement to allow navigable vessel access to and from Choctawhatehee Bay. IN WITNESS WHEREOF, this Assignment of Easement has been duly executed on this 28'" wmv J day of February, 2012 by Assignor and Assignee. Witnesses: ASSIGNOR: caEv Elliott' s Point Channel Association, Inc. wm 0 Print Name: Print Its : caE m STATE OF FLORIDA 2.NN COUNTY OF OKALOOSA BEFORE ME, the undersigned authority, this day personally appeared as of Elliott' s Point Channel Association, Inc. who is personally known to me or who produced as identification. Witness my hand and official seal this 2012. day of , seal) Notary Public ASSIGNEE: Witnesses City of Fort Walton Beach, Florida Print Name: By: Its: Print Name: STATE OF FLORIDA COUNTY OF OKALOOSA as BEFORE ME, the undersigned authority, this day personally appeared , of the City of Fort Walton Beach, Florida who is personally known to me or who produced as identification. Witness my hand and official seal this 2012. day of , Public seal) Packet Pg. 9S  14. t .b CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: February 20, 2012 TO: Honorable Mayor and Council Members FROM: Robert T. Meams, City Manager SUBJECT: Elliot' s Point Channel Association Grant of Easement WnvY Backeround 1. 1 The forerunner of the Elliot' s Point Channel Association was incorporated in August 1961 as the Elliot' s Point Canal Association. In August 1962 a fifty foot (50') easement was granted to that Association for the purpose of operating an easement with the right to " construct, maintain, repair and operate a canal with the right of ingress and egress into Lake Earl from the waters of Choctawhatehee Bay ". The name of the Association was changed in 1981. 1. 2 City staff was contacted in mid -year 2010 by the EPCA to begin discussions regarding the conveyance of the easement held by them to the City. The reason for the transfer is that the EPCA no longer has the desire or ability to continue this task; and the fact that a large part of the northeastern section of the City between Hollywood Boulevard and Yacht Club Road drains into the " California Ditch ", which flows into Lake Earl, as well as other areas closer to the lake which flow directly into the lake. As the attached map shows, Lake Earl is an essential element in the City' s drainage system. 2. Discussion 2. 1 Staff has met with representatives of the EPCA on numerous occasions to discuss the importance of the Lake and easement to the City as it develops the Stormwater management Master Plan. Also, the City attended two annual meetings of the Association to respond to inquiries regarding what extent and with what frequency would the City maintain the easement. There was discussion pertaining to what depth the City would maintain the casement to accommodate water craft. The City' s response to that issue was that the City recognized the fact that the bay, easement, and lake were all known by the Army Corps of Engineers and the Florida Department of Environmental Protection as navigable waterways and the therefore the easement had to be maintained; however, the depth would depend on the PadtM Pg. %  14. t. b depth necessary to drain the area during a 100 or even a 500 year event. Maintenance would consist of dredging the channel and making repairs on the seawall. The seawall is an integral part of the lake' s protective infrastructure as it restricts the entry of sand into the channel and lake. 2. 2 Dredging is necessary approximately every 5 - 6 years unless a hurricane event occurs and the channel becomes closed. The last time the casement was hydraulically dredged and the seawall and jetty were repaired was in late 2005 and early 2006, which is six ( 6) years. The staff believes that the EPCA should either dredge the easement to a depth acceptable to the n m City for drainage purposes and repair the jetty and seawall or transfer funds to the City in an amount equal to those costs. mJ Financial Information 3. 1 The EPCA has agreed to transfer an amount to the City equal to the total cost of permitting, dredging, and repair of the jetty and/ or seawall for the City to dthe work. This will have the effect of placing the easement area in a " like new" condition. 4. Recommendation 4. 1 Staff recommends that the City Council accept both the easement and the funding. Packet Pg. 97 City of Fort Walton Beach February 28, 2012 NE LEASE For Immediate Release Public Information 850) 833 -9504 9 TREE CITY USA City Council Meeting February 28, 2012 at 6: 00pm In anticipation of a full house for tonight' s Council Meeting, the City has prepared the Auditorium for additional seating. The Auditorium will display the Council Meeting live from FWBTV. After the presentation by the Okaloosa County Sheriff, the Mayor will announce a short break before proceeding with the remainder of Council' s business. For more information please call the City Manager' s Office at 833 -9504. City of Fort Walton Beach • 107 Miracle Strip Parkway SW • Fon Walton Beach, FL 32548 Phone - ) 850) 833 -9504 • Fax - ( 850) 833 -9640 • TDD- ) 850) 833 -9925 • www.fwb. org