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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. 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A A O it .~ O ti U 0 ti O a~ 0 a~ t1, N b .~ 0 N H dF AGENDA ITEM # 8A SEPTEMBER 14, 2009 Vl H 0 u ~- Vf c 00 a, O C 0 d L a u m N m N 01 O ca v O LL L u m v CC u f0 O U u C c ~L GJ d c .~ W oc z 'O O O O O O O ,~„ ~~ RI CAS +~' O M O -+ O .... O O O U (~ In M (~ ~o 00 ~o t'~ c~ 01 In 00 ~c W M M M M M 69 69 69 69 69 b9 +~' ~ O O O O O O o 0 0 0 0 0 U Z ~o c~ ° 0 0 ~ ~ ~ ~ H ~ o 0 o 0 0 0 W F ~..~ o° ~ 0 o 0 ° 0 ° 0 0 0 0 0 0 V o 0 ~ ~ ~ ~~ ~ n oho ~ O o°OO ~ ,~ °~ ~. c. ~ N N N M N N z ~ ~ 1 1 bQ aQ O U ~ w 1 w 1 ~~-. ~ ~ ..ra ~a ~ -~ ~~ ~~ U~ V r.' z ~ o~ ~ A~ A~ ~,A ~.Q ~ ,~ ~, ~, c~ A :ti A :~ O I O I ~..1 0 a ~ ~ `~ ~ ~ 1 ~+ CCj ~-+ ~ ~+ ~ ^ r + ~ G ~ ~ n ~ `.~ ~ '~ ~ 3 ~ ~ ~ .~ w ~`u ~~o ~w ~w ~ ~ ~ ~ ~ ~ O A ~ C,1 ~ a A g A °" ~~ °" ~ A a A a as A h, A a. O " a» 0 ... ~ U bio a ~ C ~--~ M d' \O N V7 0 ..a N M t1' ~ ~D 0 '~ O '~-+ .~ c, A 0 v A Q 0 >.. a >~ w U cC .~ C 0 .~ bn N ti O .~ 0 t1, N .b v .~ 0 ~a rtv a~ a~ F~ AGENDA ITEM # 8A SEPTEMBER 14, 2009 ~'` ~s ~~_ i 3 ' a -5 E ~~ Z ~ H 8 U Z t y W ~ ~ < W W t LL z ~ ~ ~ O W J Q 0 vUi J O Z_ LL O Z ~ F- N X W OQ LL O § W U w ~ O ~ F ~ ~> Z ~ w ao W~ U ~ w ~ F Q' W a m ~ LLO ~ ~ ~E g $gs§S 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 2