Item 8AAGENDA ITEM # 8A
AUGUST 10, 2009
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Approval of easements and related documents for force main
installation in connection with the abandonment of Buccaneer
Wastewater Treatment Plant
SUBMITTED BY: Jim Hanson, Ci __
DATE: July 13, 2009
BACKGROUND: In December of 2008 the City Commission heard the report from
consultants on how to best meet the new nitrogen standards for the
wastewater plant discharges into the St. Johns River. One of their
recommendations was to abandon the Buccaneer Wastewater Plant and
pipe the wastewater south through new lines to the City's main wastewater
treatment plant for processing. The consolidation of the two wastewater
plants is expected to save operating costs.
The most economical route to run the new line is south adjacent to the
western edge of Hanna Park and the Oceanwalk Subdivision, continuing
south along Selva Marina Drive to the southern boundary of Fleet
Landing, running west from that point to the western side of the Selva
Marina Golf Course and then turning south again to the main wastewater
plant. To do this requires getting easements from two property owners;
the Estates of Atlantic Beach (Estates) which is located directly to the west
of the Oceanwalk Subdivision and north of the Atlantic Beach city limits
and a from Fleet Landing (Naval Continuing Care Retirement Foundation,
Inc.). Both property owners have agreed to donate the easements to the
City.
A Commission many years ago closed and vacated the right of way on the
north end of Selva Marina Drive in Atlantic Beach expressing a concern
that the street could be used as a cut through from Mayport Road thus
creating an unacceptable traffic volume for the Selva Marina
neighborhood. More recently, the possible future development of the
property owned by the Estates was discussed with the City Commission
and neighbors in the Selva Marina area that raised several concerns. An
agreement with the owners of this property has been negotiated with the
concerns of the neighbors in mind.
While there was some question raised in the past about the right of the
owners of the Estates to construct a new street to connect with Selva
marina Drive, the City Attorney has determined that the owners have a
right to connect the road provided the amount of traffic generated does not
AGENDA ITEM # 8A
AUGUST 10, 2009
exceed the capacity of adjacent streets. The owners of the Estates have
submitted a Traffic Impact Evaluation done by Skiles, Davis and Baker,
P.A., a local firm that conducts civil engineering and planning studies.
Their report dated July 7 (copy attached) indicates that the proposed 38
unit residential subdivision will have minimal impact on Selva Marina
Drive.
The Agreement to be approved in connection with this easement will be
executed by the owners of the Estates and will become a deed restriction
on their property which will limit future development. The restriction will
prohibit any future connection to Mayport Road thereby ensuring that the
additional traffic generated through this development will be limited to 38
residential units. It will also limit the development to a maximum number
of 38 single family residential units with a height not to exceed 35 feet.
Because the property is not in the Atlantic Beach City limits, without these
deed restrictions, the City of Jacksonville could approve a much larger or
higher development.
BUDGET: There is no cost to the City for purchase of the easements. The cost for
construction of the new sewer force mains is included with the budget for
the elimination of the Buccaneer Wastewater Treatment Plant. This route
utilizing the two easements referenced in this report is expected to save the
City in excess of $500,000 in capital costs over the next alternate.
RECOMMENDATION: It is recommended that the Mayor and Commission approve the
Agreement with the Estates of Atlantic Beach LLC and the easements
with the Estates and Fleet Landing and authorize the Mayor to execute all
documents on behalf of the City of Atlantic Beach.
ATTACHMENT: (1) Aerial photograph indicating route of sewer line
(2) Grant of easement with the Estates of Atlantic Beach LLC
(3) Agreement between the City of Atlantic Beach and Estates of
Atlantic Beach LLC
(4) Grant of easement from Naval Continuing Care Retirement
Foundation, Inc.
(5) Traffic Engineering Report from Skiles, Davis and Baker, P.A.
dated July 7, 2009
AGENDA ITEM # 8A
AUGUST 10, 2009
PREPARED BY AND RETURN TO:
Alan C. Jensen, Esquire
P.O. Box 50457
Jacksonville Beach, FL 32240
GRANT OF EASEMENT
AGENDA ITEM # 8A
AUGUST 10, 2009
THIS INDENTURE made and entered into this day of , 2009, by
and between THE ESTATES OF ATLANTIC BEACH, LLC., a Florida limited liability
company, 1 Independent Drive, Suite 2600, Jacksonville, Florida 32202, Grantor; and CITY OF
ATLANTIC BEACH, a municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233, Grantee.
WHEREAS, Grantor is the owner of certain real property being more fully described on
Exhibit "A" attached hereto, and
WHEREAS, it is necessary for Grantee to have an easement over, across and under the
lands owned by Grantor for the construction, installation and maintenance of a sewer force main
and related improvements, and
WHEREAS, Grantor has agreed in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowl-
edged, to grant to Grantee and all other persons claiming by, through or under Grantor, its
predecessors in title, or its heirs, assigns or legal representatives by virtue of any deeds of
conveyances describing land as set forth on Exhibit "A" attached hereto, an easement or right-of-
way over, across and under the property described herein, for the purposes and the manner
expressed herein.
NOW, THIS INDENTURE WITNESSETH:
That, pursuant to this agreement and in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants unto Grantee, its heirs and assigns, and to all others likely situated as
described above, and its heirs and assigns, the following easements:
1. A fifty (50) foot wide temporary construction easement over and upon the
following described lands:
See attached Exhibit "A" for legal description
said parcel being shown on the attached map. This temporary construction easement shall terminate
when Grantee has completed the construction and installation of the utilities described herein.
2. A fifty (50) foot wide permanent and perpetual easement over and upon the
following described lands:
See attached Exhibit "A" for legal description
said parcel being shown on the attached map.
AGENDA ITEM # 8A
AUGUST 10, 2009
These easements are given upon the strict condition that Grantee shall restore that portion of
the surface of the properties described above disturbed during any installation, maintenance or
repair of the sewer force main and related improvements, and further that Grantee shall maintain
said sewer force main in perpetuity.
These easements and the obligations of Grantor and Grantee hereunder shall be deemed
covenants mm~ing with the land and shall bind and inure to the benefit of the successors and assigns
of both.
This Grant of Easement shall not prohibit Grantor from con=~tructing a street on its Rroperty
within the easement at anv time in the future.
written.
IN WITNESS WHEREOF, the Grantor has set its hand and seal on the date first above
SIGNED AND SEALED IN OUR PRESENCE:
Witness print name:
Witness print
STATE OF FLORIDA
COUNTY OF DUVAL
THE ESTATES OF ATLANTIC BEACH LLC
By
Michael A. Sones, Manager
The foregoing instrument was acknowledged before me this day of ,
2009, by Michael A. Sones, Manager, The Estates of Atlantic Beach, LLC., a Florida limited
liability company, who is duly authorized to execute same on behalf of said entity, and who is
personally known to me or who has produced as identification.
NOTARY PUBLIC:
Printed name:
State and county aforesaid
My Commission expires:
2
AGENDA ITEM # 8A
AUGUST 10, 2009
AGREEMENT
AGREEMENT made and entered into this day of , 2009, at Atlantic
Beach, Duval County, Florida, by and between the CITY OF ATLANTIC BEACH, a Florida
municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter referred to
as the "City"), and THE ESTATES OF ATLANTIC BEACH, LLC., a Florida limited liability
company, 1 Independent Drive, Suite 2600, Jacksonville, Florida 32202, Atlantic Beach, Florida
32233 (hereinafter referred to as "The Estates").
WITNESSETH:
WHEREAS, The Estates is the owner of certain real property located in the City of
Jacksonville which is immediately north of Selva Marina Drive, and which is connected to the
northerly end of Selva Marina Drive by a 60 foot strip of real property also owned by The Estates,
and
WHEREAS, The Estates desires to connect its real property to the City by a street
connecting to Selva Marina Drive for purposes of ingress and egress to its property, and
WHEREAS, The Estates has the legal right to construct a street on its property and to
connect said street to the northerly end of Selva Marina Drive for the purpose of ingress and egress
to its property, and
WHEREAS, the City has been required by state and federal agencies to upgrade its level of
wastewater treatment to reduce nitrogen discharges into the St. Johns River and its tributaries and
has decided to effectuate this upgrade by consolidating the City's two wastewater treatment plants
into one plant, which will require the installation of force mains to move wastewater presently being
treated at the Buccaneer plant south to the City's main wastewater treatment plant, and
WHEREAS, the preferred location for one of such force mains is along the eastern edge of
the real property owned by The Estates as described above, and
WIiEREAS, the parties are in complete agreement regarding the terms and conditions as
set forth below and that said terms and conditions are in their best interests.
AGENDA ITEM # 8A
AUGUST 10, 2009
NOW THEREFORE, in consideration of the mutual covenants, promises and agreements
contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both parties, it is
AGREED as follows:
1. Covenants, promises and agreements to be performed by The Estates:
(a) Provide a permanent and perpetual 50 foot wide easement running north and
south along the eastern side of The Estates properly, said property being more particularly described
on Exhibit "A" attached hereto, for the purpose of the City installing and maintaining a sewer force
main.
(b) Place permanent and non-revocable deed restrictions on its real property
described in Exhibit "A" attached hereto which limit any future development of said property to no
more than thirty-eight (3$) single family residential units, limit the height of any structure or
building to 35 feet in accordance with all Atlantic Beach regulations in connection therewith, and
prohibit any connections leading north from The Estates property that could ultimately connect to
Mayport Road, so that there would be absolutely no ingress to The Estates property from Mayport
Road and no egress from The Estates property to Mayport Road.
2. Covenants, promises and agreements to be performed by the City:
(a) The City agrees The Estates has the legal right to construct a street on its
property which fully connects to Selva Marina Drive at its northern most point and that The Estates
is vested with sufficient capacity on Selva Marina Drive to accommodate vehicular traffic which
will be generated by thirty-eight (38) single family residential units. The number of trips to be
vested will be determined by a traffic study provided by The Estates. The vested rights for capacity
on Selva Marina Drive and the agreement to construct the street connecting to Selva Marina Drive
will be confirmed, in writing, to The Estates in a form of document acceptable to The Estates.
(b} Work with The Estates to locate the sewer force main in the easement so as
2
AGENDA ITEM # 8A
AUGUST 10, 2009
to avoid as many of the trees, and especially large trees, as economically possible so as to save as
many large trees as possible, and the City shall pay for any tree mitigation costs resulting from the
removal of any trees for the sewer line and right-of--way for future road construction (50 feet in
width).
(c) Maintain the easement on a regular basis so as to prohibit the growth of any
new trees which would require additional tree mitigation costs.
3. The Estates shall have the right to tie into the sewer force main located in the
easement for discharge of wastewater from the proposed thirty-eight (38) single family residential
units to be built on his property in the future, provided that:
(a) The Estates shall install and pay for any pump station or lift station required
in connection with the discharge of said wastewater, and
(b) All applicable connection fees would be paid at current rates at the times of
connection.
4. Both parties agree to execute any and all documents necessary to implement the
terms of this Agreement, including, but not limited to, a grant of easement from The Estates to the
City in a form as set forth on Exhibit "B" attached hereto, and a letter from the City to The Estates
as required by paragraph 2(a) above.
5. The parties shall cooperate fully with each other in all reasonable attempts to either
annex The Estates property into the City or obtain an interlocal agreement with the City of
Jacksonville/Duval County allowing the City to provide municipal services to future residents on
The Estates property and that the City would receive reimbursement from the City of Jacksonville
of all revenues that would have been received from The Estates property and future residents
thereon had they been annexed into the City. The rights and agreements inuring to The Estates as a
result of this entire Agreement are not contingent upon the annexation or interlocal agreement
described in this paragraph. Notwithstanding the ability to obtain an interlocal agreement or
3
AGENDA ITEM # 8A
AUGUST 10, 2009
annexation, The Estates shall be entitled to the other rights and benefits conferred by this agreement.
6. Nothing in this Agreement shall eliminate the necessity of either party to obtain all
required permits from any federal, state or local agencies, including from the City, for any work,
improvements, installations, construction, and the like.
7. Both parties represent that they are fully authorized to enter into this Agreement and
have the approval of their respective boards and corporations, if any.
8. This Agreement shall be binding upon and inure to the benefit of the parties named
herein and their respective successors, heirs and assigns; provided, however, that this Agreement
may not be assigned by either party without the prior written consent of the other party, which
consent may not be unreasonably withheld.
9. Tale above constitutes the entire agreement between the parties and there are no
other agreements, either verbal or written, except as expressly set forth herein. This Agreement
shall be governed by and construed according to the laws of the State of Florida
IN WITNESS WHEREOF, the parties have hereunto set their hands and official seals on
the date and plane first above written.
SIGNED AND SEALED IN OUR PRESENCE:
Witness print name:
CITY OF ATLANTIC BEACH, FLORIDA
By:
James R. Hanson, City Manager
Attest:
Witness print name: Donna Bartle, City Clerk
THE ESTATES OF ATLANTIC BEACH LLC
4
AGENDA ITEM # 8A
AUGUST 1Q 2009
Witness print name:
By
Michael A. Sones, Manager
Witness print name:
AGENDA ITEM # 8A
AUGUST 10, 2009
PREPARED BY AND RETURN TO:
Alan C. Jensen, Esquire
P.O. Box 50457
Jacksonville Beach, FL 32240
GRANT OF EASEMENT
THIS INDENTURE made and entered into this day of , 2009, by
and between NAVAL CONTINUING CARE RETIREMENT FOUNDATION, INC., d/b/a
Fleet Landing, a Florida corporation, 1 Fleet Landing Drive, Atlantic Beach, Florida 32233,
Grantor; and CITY OF ATLANTIC BEACH, a municipal corporation, 800 Seminole Road,
Atlantic Beach, Florida 32233, Grantee.
WHEREAS, Grantor is the owner of certain real property being more fully described on
Exhibit "A" attached hereto, and
WHEREAS, it is necessary for Grantee to have an easement over, across and under the
lands owned by Grantor for the construction, installation and maintenance of a sewer force main
and related improvements, and
WHEREAS, Grantor has agreed in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowl-
edged, to grant to Grantee and all other persons claiming by, through or under Grantor, its
predecessors in title, or its heirs, assigns or legal representatives by virtue of any deeds of
conveyances describing land as set forth on Exhibit "A" attached hereto, an easement or right-of-
way over, across and under the property described herein, for the purposes and the manner
expressed herein.
NOW, THIS INDENTURE WITNESSETH:
That, pursuant to this agreement and in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants unto Grantee, its heirs and assigns, and to all others likely situated as
described above, and its heirs and assigns, the following easements:
1. A fifteen (l5) foot wide temporary construction easement over and upon the south
property line of the following described lands:
See attached Exhibit "A" for legal description
said pazcel being shown on the attached map. This temporary construction easement shall terminate
when Grantee has completed the construction and installation of the utilities described herein.
2. A fifteen (15) foot wide permanent and perpetual easement over and upon the
south property line of the following described lands:
See attached Exhibit "A" for legal description
said pazcel being shown on the attached map.
AGENDA ITEM # 8A
AUGUST 10, 2009
These easements are given upon the strict condition that Grantee shall restore that portion of
the surface of the properties described above disturbed during any installation, maintenance or
repair of the sewer force main and related improvements, and further that Grantee shall maintain
said sewer force main in perpetuity.
These easements and the obligations of Grantor and Grantee hereunder shall be deemed
covenants running with the land and shall bind and inure to the benefit of the successors and assigns
of both.
written.
IN WITNESS WIIEREOF, the Grantor has set its hand and seal on the date first above
SIGNED AND SEALED IN OUR. PRESENCE:
NAVAL CONTINUING CARE RETIREMENT
FOUNDATION, INC., d/b/a Fleet Landing
Witness print name:
Witness print name:,
STATE OF FLORIDA
COUNTY OF DUVAL
By
Its
The foregoing instrument was acknowledged before me this day of ,
2009, by , as , of the Naval Continuing Care Retirement Foundation,
Inc., d/b/a Fleet Landing, a Florida corporation, who is duly authorized to execute same on behalf of
said entity, and who is personally known to me or who has produced as identification.
NOTARY PUBLIC:
Printed name:
State and county aforesaid
My Commission expires:
2
AGENDA ITEM # 8A
AUGUST ] 0, 2009
S B,
July 7, 2009
sD
Cavil ~~;n~ineerin~ and Planning
Sonya Doerr, AICP
Community Development Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Re: Sehra Estates
Traffic Impact Evaluation
Dear Sonya:
On behalf of The Estates of Atlantic Beach, LLC, I am pleased to provide you with the following traffic
impact evaluation for their proposed devebpment, Selva Estates. The property is approximatey 32
acres and is boated at the northern terminus of Selwa Marina Drive in Atlantic Beach, Fbrida. The
devebpment will result in 38 single family homes.
In January 2007, the vehicle trips were counted on Selva Marina Drive as part of the Land Use
Amendment for Selva Marina Country Club. The PM peak hour trips (PHT) for Selva Marina Drive
were determined to be 179 PHT. The Club's proposed development was determined to result in 14
PHT on SeNa Marina Drive. The capacity of Sehra Marina Drive (a two-lane road) is 870 PHT.
Therefore, SeNa Marina Drive is considered to be at 22% capaaty (including the proposed trips from
the Club).
The Sella Estates devebpment will generate 39 PHT on Selwa Marina Drive (based on the ITE Trip
Generation 7"' Edition for land use category 210 "Single Family Detached Housing'. Therefore, the
Selva Estates devebpment will utilize less than 5°~6 of the capacity of Selva Marina Drive. Once both
the Sella Estates and the Club's devebpments are completed, Selva Marina Drive will have
approximatey 232 PHT and operate at 27% Of the capacity.
If you have any questions regarding this evaluation please contact me at 9041396-8115. I bok forward
to working on this project with you.
Sincerely,
~~
Douglas L. Skiles, P.E.
President
1633 San Marco Boulevard, Suite 5, Jacksonville, FL 32207
Ph 904/396-6115 • I'x 904/396-6151 • doug@skilesdavisbaker.com