Fort Walton Beach Council agenda — 12-08-2010 - regular — reading text

iv. Environmental Concerns 1. Positive —Fish, Reefs, Sewage produces more pollutants than an oil spill would 2. Negative —Beaches, Tourism, Spills b. No :legislation has been filed or finalized, however, it almost inevitably will be. c. We are watching this issue extremely closely on the City' s behalf and will continue to do so. IV. Homelessness/Vagrancy a. Currently, no legislation has been filed dealing with vagrancy and any language that mentions homelessness is mostly geared toward the prevention of discrimination against homeless persons. 82_  CITY COUNCIL MEETING December 8, 2009 Discussion - Direction - Action Action Acceptance of Easement Synopsis: Provides for an easement to construct a sewer line to serve Alabama Avenue and Bel -Air Shopping Center customers Agenda Item Number: 992  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: December 1, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manager SUBJECT: Acceptance of Easement 1. Backaround 1. 1 In 2008 the Barber Construction Company applied for a building permit to construct a single family dwelling unit at 103 Alabama Avenue. City staff identified a sewer line that ran across the mid -section of the property that had been placed there circa 1960. While there was an easement document supporting the sewer line, that easement was never recorded in the public records. 1. 2 The building permit was approved but the Barbers did not pick it up as they were concerned that the presence of the sewer line could limit the use of the property. That is, the Barbers maintained that the sewer line would prevent the installation of a swimming pool or other accessory use. In September 2008 the Barbers' attorney informed the city that the Barbers would execute an easement to facilitate moving the line off their property. The Barbers met with city officials to discuss the removal of the sewer line. While several options were proffered, none were suitable to either the city or the Barbers. 1. 3 In the spring of 2009 the city recorded the easement. The Barbers, through their agent attorney Michael Mead, filed a vacation of easement application to cause the city to abandon the easement to force the removal of the sewer line. The issue lingered until August 2009 when the Barbers initiated a suit against the city to cause it to remove the sewer line entirely. 1. 4 The city had considered several options to address the Barbers' issue. One of which was to re -route the sewer line around the property. This option was estimated to cost $ 16, 940 however, that option had several problems associated with a limited " fix ". Should any of the other seven property owners file a similar complaint, the entire sewer line would require numerous easements, as well as turns in the sewer system which would compromise its flow. 1. 5 Another option was to acquire an easement on the back ends of each property, and move the sewer line, but that would require negotiating with eight individual owners, any of which could hold out for any number of reasons. 1. 6 City staff agreed that the best solution was to approach the owners of the Bel -Air Shopping Center located at 62 -68 Beal Parkway and request a meeting with them to explain the situation and request the conveyance of a ten foot ( 10') easement on the rear of their property. The owners met with staff on several occasions and reviewed the plan with them to ensure that they knew exactly what was needed and why. In October 2009 the owners requested that they be paid $ 50,000 for the 83-  easement. Staff informed them that an appraisal of the requested easement must first be made. 1. 7 Staff engaged the services of Humphrey and Associates to perform an appraisal at a cost of $1, 500. The easement area was determined to have a value of $11, 200. 2. Discussion 2. 1 Staff informed the owners of the appraised value and explained that the city did not want to purchase the land, only gain an easement interest it. That was the difference between a $ 50,000 perceived value and $ 11, 200 actual value. 2. 2 The owners accepted the offer with the stipulation that the city remove some trees and underbrush and re -grade the drive area in the rear of the stores. City staff met with the owners to ensure that both the owners and staff were in agreement as to what the expectations were regarding the site work 2. 3 The language stating those expectations is included in the easement document to guarantee specific performance. 2. 4 The city will relocate all the existing sewer laterals from the homes on Alabama Avenue and the Bel -Air Shopping Center to the new sewer line at the city' s expense,. 2. 5 The city will begin installation of the sewer line in January 2010 using city crews to off set - construction costs. 3. Financial Information 3. 1 The cost: of the appraisal was $ 1, 500. 3. 2 The cost: of the easement is $ 11, 200. 3. 3 The cost of materials to install the main line and the laterals is estimated at 12, 000. 3. 4 The cost of tree removal is $ 1, 500. 3. 5 The funding source is the Utility Fund net assets. The balance in that fund as of 9/ 30/ 09 is $ 6. 1 million. 4. Recommendation 4. 1 Staff recommends that the City Council accept the easement and authorize the expenditure, not to exceed $ 26,200, from Utility Fund net assets. 84- GRANT OF EASEMENT STATE OF FLORIDA OKALOOSA COUNTY This easement is made on , 2009, by and between TOO FRIENDS, L.L.C., a Florida limited liability company, whose mailing is 1797 address Bridgeport Colony Lane, Fort Walton Beach, FL 32547, " Grantor "; and the CITY OF FORT WALTON BEACH, FLORIDA, a Municipal Corporation, whose mailing address is P. O. Box 4009, Fort Walton Beach, FL 32549, " Grantee ", do mutually covenant as follows: Grantor is the owner in fee simple of that certain property situated in the vicinity of 4 Williams Street and 68 Beal Parkway, Fort Walton Beach, Okaloosa County, Florida, and more particularly described as: LOT 9 AND THE EAST 33 FEET OF LOTS 145 155 16 AND 17, BLOCK 1, PINEHURST SUBDIVISION, ACCORDING TO THE PLAT THEREOF ON FILE IN PLAT BOOK 2, AT PAGE 31A, IN THE OFFICE OF THE CLERK OF CIRCUIT COURT, OKALOOSA COUNTY, FLORIDA. 2009 OKALOOSA COUNTY PARCEL ID NO. 11- 2S -24- 2040 -0001 -0090 2009 OKALOOSA COUNTY PARCEL ID NO. 11- 2S -24- 2040 -0001 -014A Grantor is desirous of granting to Grantee, and Grantee is desirous of accepting for public benefit, an easement for construction, maintenance and service of water, sewage, and storm water utilities on, over, under, above and across said property of Grantor. Therefore, for and in consideration of the sum of Eleven Thousand Two Hundred Dollars ($ 11, 200) and other valuable consideration, receipt of which Grantor hereby acknowledges, Grantor does grant unto Grantee, a described easement ten feet ( 10') wide for the purpose of constructing, maintaining and servicing water, sewage, and storm water utilities, and the right of egress and ingress necessary to effectuate the purpose of this easement, on, over, under, above and across Grantor' s described property, which said easement is particularly described as: THE WEST 10 FEET OF THE ABOVE DESCRIBED PROPERTY. SAID EASEMENT CONTAINING 4,000 SQUARE FEET, MORE OR LESS. Grantee agrees, by acceptance of this easement, to place Grantor's property, after the construction of said utilities, in the same, or better condition as said property was in before commencement of construction. Further, Grantee specifically agrees to remove those trees and underbrush in the easement that are identified by the Grantor, and re -grade the easement area behind the stores with existing on -site materials. 85- IN WITNESS WHEREOF, Grantors have executed this easement. GRANTOR: Too Friends, L.L.C. Witness Signature Printed Name Linda S. Randes, Manager Witness Signature Reba L. Hudspeth, Manager Printed Name This instrument was acknowledged and signed before me this day of 2009, by Linda S. Randes and Reba L. Hudspeth, as the Managers of Too Friends, L.L.C., a Florida limited liability company, on behalf of and with full authority for the company. Notary Public Personally known: OR Produced Identification: Type of Identification Produced: Prepared By: Michael A. Bryant City of Fort Walton Beach Engineering Services Department P. O. Box 4009 Fort Walton Beach, FL 32549 86-  S' I..L.C. Too FRIEN ) WILLIAMS ST - 1 N# 4 WILLIAMS E ST. NW 1N ` I S TMs rs vEY N °