Item 8AAGENDA ITEM # 8A
SEPTEMBER 14, 2009
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Approval of Routes, Easements and Related Documents for Force
Main Installation in connection with the Abandonment of the
Buccaneer Wastewater Treatment
SUBMITTED BY: Jim
DATE: September 8, 2009
BACKGROUND: An original report outlining the city's options for various routes for sewer
lines related to the abandonment of the Buccaneer Wastewater Treatment
Plant was presented by HDR Engineering (HDR) to the City Commission
in December of 2008. Shortly thereafter, the City Commission approved
contracts with HDR to prepare the plans and specifications for the
Buccaneer Plant abandonment as well as for the upgrade of the city's main
wastewater plant to meet the new nitrogen standards. Over the next
several months, HDR assessed various routes for the new sewer main in
much greater detail which resulted in a report in June 2009 recommending
a new combination of routes that would save considerably more money
than those recommended earlier. Utilizing the routes recommended would
require easements from two property owners. City staff negotiated for the
acquisition of these easements and a report was presented to the City
Commission at the regular meeting of July 27, 2009. As a result of public
input at the July 27~' meeting and then later at the meeting on August 10~',
the final decision on routes was deferred until the City Commission
meeting on September 14`t'.
During the six weeks that this item has been deferred, city staff and
engineers met with several neighborhood groups and individuals to
provide information on the routes and answer related items. During those
meetings, a number of requests were made to look into several other
possible routes and to conduct additional engineering to answer several
related questions. The first of these was for a new route between Selva
Marina Drive going west to the Selva Marina Golf Course property. The
original route presented in July follows the southern boundary of Fleet
Landing. The alternative route proposed would enter Fleet Landing
through their gate on Selva Marina Drive and follow the private streets to
ultimately connect with the west side of the golf course property.
Two other alternate routes were proposed for the portion of the sewer
main that would go from the northwest intersection of the Oceanwalk
Subdivision extending south to Selva Marina Drive. One proposal was to
AGENDA ITEM # 8A
SEPTEMBER 14, 2009
obtain five foot easements running on the western side of the rear yards of
Oceanwalk residents that back up to the property owned by The Estates.
A second route envisioned going from the northwest corner of Oceanwalk
eastward along Inland Way and then south along Oceanwalk Drive West
and then, using an existing easement between homes, to connect with
Selva Marina Drive.
The city staff also received requests from both Commissioners and
individuals to propose various changes to the draft Agreement with the
owners of The Estates. The property owners agreed to add three major
provisions in that Agreement which have been included in the draft that is
attached. These changes included additions to the deed restriction on the
property to require an eight foot solid fence or wall along the east side of
the property facing Oceanwalk residents, incorporating the setbacks in the
City of Atlantic Beach RS-1 Residential Zoning District and including a
one foot strip along the north and west sides of The Estates property that
would further prohibit any possible street connection to Mayport Road.
Note that the original version of this proposed Agreement already included
a covenant prohibiting any connection through to Mayport Road, so this
one foot strip is an additional protection.
A report has been received from HDR Engineering of their investigation
of the alternative sewer line routes and related questions. It is summarized
in the attached chart entitled "Summary of Costs" and in the map entitled
"Force Main Route from existing 10 inch FM in Old Sherry Drive to
COAB WWTP#1". There are six options listed in the chart, each of which
estimates the total cost of the new sewer line from the Buccaneer WWTP
to the city's main WWTP. Each of the six represents a combination of
routes described previously.
The alternative of using a five foot strip in the rear yards of Oceanwalk
residents was determined to be infeasible because of existing obstructions
and the need for more than five feet to install and maintain a sewer line.
HDR was also asked to more closely evaluate the cost for tree mitigation
along the route through The Estates property. The previous report
contained initial estimates of tree mitigation costs, but was done without
utilizing a detailed survey of existing trees. HDR has now completed a
detailed assessment of tree mitigation based upon a tree survey provided
by the owner of The Estates property. This required HDR engineers to lay
out a preliminary street configuration based on City of Jacksonville
requirements trying to avoid as many of the large trees as possible as
described in the draft Agreement with The Estates. Note this alignment
has not been provided to owners of The Estates or approved by the City of
Jacksonville. Their estimate is that the tree mitigation cost to the City of
Jacksonville is $90,882 and would include the removal of approximately
AGENDA ITEM # 8A
SEPTEMBER 14, 2009
25 live oaks, largest of which is 54 inches, and the removal of five other
trees that are large enough to require mitigation. Additional costs for
removal of those trees and for permitting were added to obtain a total
estimate related to the tree removal of $140,000.
Because each of the options listed is for the entire line from north to south,
some basic math is needed to isolate the costs of each of the various
alternatives. The route from Selva Marina Drive to the west side of the
Country Club property includes boring under the wetlands on the southern
most boundary of Fleet Landing westward to a point where the line would
then run in the rear yards of houses on the Fleet Landing until reaching the
golf course. By boring under the wetlands, no trees would be disturbed by
this alternative. The alternate route through Fleet Landing streets
anticipates boring to place the new sewer line under the streets in Fleet
Landing. Engineers concluded that an open cut these streets would not be
feasible for various engineering reasons. The additional construction costs
for the alternate line going through Fleet Landing streets are estimated to
be approximately $100,000.
However, there will probably be a cost in easement acquisition if the route
through the streets is utilized. The city has been advised by Fleet Landing
management that the original proposed route along the south property line
would be donated to the city free of charge because there would be little
inconvenience to the Fleet Landing residents. However, if the route
through the streets were to be utilized, there would be considerable
inconvenience related to the construction. In exchange for that easement,
Fleet Landing has requested the city take over ownership and maintenance
of their private life station. Donna Kaluzniak, Utility Director for the city,
has estimated that the average cost for maintenance of similar sized lift
stations in Atlantic Beach at $25,000 per year. She has also pointed out
that the Fleet Landing lift station is not built to meet the City of Atlantic
Beach standards. She would recommend a substantial retrofit and upgrade
if the city assumed ownership. Consequently, the additional cost for the
route through Fleet Landing streets would be substantially higher than just
the $100,000 construction price increase.
The second alternative route would extend through streets in the
Oceanwalk Subdivision. HDR has concluded that the route through
Inland Way and West Oceanwalk Drive is feasible, but would cost more
than the original route going through the property of The Estates.
However, that additional cost can be offset substantially by the cost of tree
mitigation, removal and permitting. No tree conflicts are anticipated using
Oceanwalk Streets. The net additional cost to the city to use the West
Oceanwalk Drive route would be $25,000 if the sewer line is installed
using an open cut technique. The net additional cost to the city if
directional drilling is used is estimated at approximately $100,000 after
AGENDA ITEM # 8A
SEPTEMBER 14, 2009
offsetting for tree mitigation and removal. In either case, Oceanwalk
residents would experience some inconvenience during the construction
process.
Decisions Needed; It is imperative that HDR engineers be given the final
route for this sewer line installation so that the design work can proceed,
because construction costs are considerably lower than they have been in
the past. If this design is delayed until construction prices increase, costs
for this project are conservatively estimated to go up by several hundred
thousand dollars. The decisions needed by the City commission are as
follows;
1) Decide which route will be utilized for the southern portion of the
line that connects between Selva Marina Drive and the west side of
the Country Club golf course. Either the original or the alternative
route will require acceptance of an easement from Fleet Landing.
The alternative route through Fleet Landing streets will require that
the city also agree to accept and maintain the Fleet Landing lift
station in the future.
2) Determine which route to utilize for the sewer line from Selva
Marina Drive going north to approximately the northwest corner of
the Oceanwalk Subdivision. If the Commission chooses the route
through the property of The Estates, then you should approve the
Agreement with the owners of The Estates as well as the easement.
If the route along Oceanwalk Drive is utilized, no additional
easements will be needed.
BUDGET: City costs for construction as well as tree mitigation and removal are
summarized in the attached "Summary of Costs" and range from
$3,573,000 up to $3,778.000. As previously described, there would be
additional costs in taking responsibility for the Fleet Landing lift station if
the alternative route through Fleet Landing streets were chosen.
RECOMMENDATION: Make a decision on which route alternatives would be best for the city in
the long term and authorize the Agreements and/or easements that relate to
each route.
ATTACHMENTS: 1) Summary of Costs from HDR Engineering, Inc.
2) Map showing Force Main Route from existing 10 Inch Force main from
Old Sherry Drive to COAB WWTP#1.
3) Agreement with The Estates of Atlantic Beach LLC
4) Grant of Easement with The Estates of Atlantic Beach LLC
5) Grant of Easement from Naval Continuing Care Retirement
Foundation, Inc.
AGENDA ITEM # 8A
SEPTEMBER 14, 2009
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AGENDA ITEM # 8A
SEPTEMBER 14, 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 properly 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
WHEREAS, 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 TTEM # 8A
SEPTEMBER 14, 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 50-ft wide non-exclusive utility easement running north and south
along the eastern side of The Estates property, said property being more particularly described on
Exhibit "A" attached hereto, for the purpose of the City installing and maintaining a sewer force
main. Utility easement shall be located within the limits and extents of the proposed Estates access
road right-of--way as depicted within "Exhibit A" and shall terminate upon platting of said roadway
and the acceptance thereof by either the City of Jacksonville or, if annexed by the City of Atlantic
Beach, so that it is a public street.
(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
(1) no more than thirty-eight (38) single family residential units,
(2) limit the height of any structure or building to 35 feet in accordance with
all Atlantic Beach regulations in connection therewith,
(3) maintain minimum set backs of front 20 ft, rear 20 ft, and sides 7.5 feet
consistent with current RS-1 zoning
(4) prohibit any connections leading north or west from The Estates property
that could ultimately connect to Mayport Road, so that there would be absolutely no vehicular
ingress to The Estates property from Mayport Road and no vehicular egress from The Estates
property to Mayport Road. The parties agree that the parcel may be developed for 38 units with the
sole access to The Estates being from Selva Marina Drive.
(5) construct and maintain a solid wall or fence along the entire eastern
2
AGENDA ITEM # 8A
SEPTEMBER 14, 2009
boundary of The Estates property which is at a minimum eight (8) feet in height as long as said wall
can be legally permitted.
(6) provide a minimum one (1) foot wide reserve strip along the north and
west sides of the property to be recorded in the plat with the express written purpose of prohibiting
any future vehicular access at any location along said north and west sides of the property; however,
the City shall provide all easements across the strip as requested by The Estates for development
and utility purposes.
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 vested rights for capacity
on Selva Marina Drive and the agreement to construct the street connecting to Selva Marina Drive
will be further confirmed, in writing, to The Estates in a form of document acceptable to The
Estates, as may be requested by The Estates.
(b) Work with The Estates to locate the sewer force main in the easement so as
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:
3
AGENDA ITEM # 8A
SEPTEMBER 14, 2009
(a) The Estates shall pay the initial construction and installation costs as
associated with any on-site domestic wastewater pump station or lift station serving the Estates
Development as 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
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
4
AGENDA ITEM # 8A
SEPTEMBER 14, 2009
may not be assigned by either party without the prior written consent of the other party, which
consent may not be unreasonably withheld.
9. The 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 place first above written.
SIGNED AND SEALED IN OUR PRESENCE:
Witness print
Witness print
Witness print name:
Witness print name:
CITY OF ATLANTIC BEACH, FLORIDA
By:
James R. Hanson, City Manager
Attest:
Donna Bartle, City Clerk
THE ESTATES OF ATLANTIC BEACH LLC
By
Michael A. Sones, Manager
5
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
and between THE ESTATES OF ATLANTIC BEACH, LLC., a
company, 1 Independent Drive, Suite 2600, Jacksonville, Florida 32202,
ATLANTIC BEACH, a municipal corporation, 800 Seminole Road,
32233, Grantee.
AGENDA ITEM # 8A
SEPTEMBER 14, 2009
2009, by
Florida limited liability
Grantor; and CITY OF
Atlantic Beach, Florida
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 # SA
SEPTEMBER 14, 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.
This Grant of Easement shall not prohibit Grantor from con~tnicting a street on its pro er y
within the easement at anv time in the future.
IN WITNESS WHEREOF, the Grantor has set its hand and seal on the date first above
wntten.
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
SEPTEMBER 14, 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 WTTNESSETH:
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 (15) 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 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 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 parcel being shown on the attached map.
AGENDA ITEM # 8A
SEPTEMBER 14, 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 WHEREOF, 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
Wifiess print name:,
Witness print name:.
STATE OF FLORIDA
COUNTY OF DUVAL
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:
By
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