Item 8AAGENDA ITEM # 8A
MAY 10, 2010
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Modification to Agreement between the City of Atlantic Beach and
The Estates of Atlantic Beach LLC
SUBMITTED BY: Jim Hanson, City Manager
DATE: April 16, 2010
BACKGROUND: The owners of The Estates have offered to the City of Atlantic Beach to
amend the Agreement providing for a sewer line easement that was
approved by the City Commission in September of 2009. The amendment
would eliminate the requirement that the trees be removed by Atlantic
Beach and mitigation costs be paid and instead that the estimated costs of
these totaling $140,000 would be paid to The Estates. The City would still
have the easement for installation of the sewer line, but would be required
to install the line through directional drilling. This Amendment also
substitutes a revised legal description to correct an error in the original
document. The other provisions of the Agreement would remain the same.
The effect of this Agreement would be to allow the trees along this
property to remain in place until such time as the owners of The Estates
choose to develop the property, at which time it would be their
responsibility to remove the trees and pay any mitigation costs. Some of
the Oceanwalk residents have objected to the removal of several trees that
would be required under the original Agreement.
One other, change referenced in this Modification Agreement is the
substitution of a revised legal description which was attached to the
original Agreement as Exhibit (A). The original legal description included
all of the City of Atlantic Beach right of way that was abandoned by the
City Commission in 1989 rather than only the western most half of that
right of way. The eastern most half of the right of way is owned by the
property owners that have butted the property on the eastern side at the
time of the abandonment and was not owned by the owners of The Estates.
BUDGET: Engineers working on the behalf of the City have not yet established a
design for the proposed roadway as described in the Agreement with The
Estates so that the most current estimate of the cost to remove the trees
and mitigation fees to the City of Jacksonville remains at $140,000. The
City's engineers have estimated the difference in cost between directional
drilling and open cut installation to be $60,000. That is to say that the
directional drilling is expected to cost the City $60,000 more in
AGENDA ITEM # 8A
MAY 10, 2010
installation costs (without any tree related removal or mitigation) than the
open cut. This is a different figure than provided in the last staff report on
this subject and reflects the most current estimate from our engineers.
RECOMMENDATION: Authorize the City Manager to approve the Modification Agreement
attached hereto.
ATTACHMENTS: 1) Modification Agreement
2) Revised legal description Exhibit (A)
3) Drawing of legal description
AGENDA ITEM # 8A
MAY 10, 2010
MODIFICATION AGREEMENT
THIS AGREEMENT is made and entered into 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 ("the City"), and THE
ESTATES OF ATLANTIC BEACH, LLC, a Florida limited liability company, 501
Riverside Avenue, Suite 600, Jacksonville, Florida 32202 ("the Estates").
The City and the Estates entered into an agreement dated September 17, 2009
pursuant to which the Estates agreed to provide a utility easement to the City and agreed
to place certain deed restrictions on its property. T'he City agreed, among other things, to
remove certain trees and to pay the tree mitigation costs in connection with use of the
easement and future road construction.
The City and the Estates enter into this Modification Agreement solely to, (i)
facilitate installation of a sewer line using directional drilling so that as few trees as
possible will be removed pursuant to the terms of the agreement and this modification,
and (ii) correct an error in the legal description attached to the original agreement. The
purpose and intent of this Modification Agreement is solely to save as many trees as
possible and correct the legal description without either party making any further
compromises or incurring any additional obligations. In short, the City will receive the
benefits and incur the same costs it would have incurred under the original agreement and
the Estates will incur the same obligations and receive the same or similar benefits it
would have received under the original agreement. A copy of the original agreement is
attached as Exhibit "A" and will remain in full force and effect except to the extent that it
is inconsistent with the terms of this Modification Agreement. The parties hereby modify
the Agreement (Exhibit "A"), in the following respects:
1. In consideration for providing the City with an easement as stated in the
original Agreement, the City shall pay the sum of $140,000.00 to the Estates on or before
June 30, 2010.
2. The City shall have no further responsibility for any tree removal or tree
mitigation costs unless such tree removal and mitigation costs are required in connection
with installation of the sewer line which the City intends to install on the property. The
Estates shall have sole responsibility for all tree removal and mitigation costs in
connection with any future development of its property, including potential construction
of a road in the future.
3. The City will cooperate with the Estates concerning placement of the
anticipated sewer line to make sure it is placed within the easement in a manner which
will have the least impact on the Estates' future plans for the property.
4. The legal description from the original agreement is deleted and replaced with
the legal description attached as Exhibit "B"."
AGENDA ITEM # 8A
MAY 10, 2010
IN WITNESS WHEREOF, the parties enter into this Modification Agreement on
this of April, 2010 which is now the effective date of original agreement and this
Modification Agreement.
WITNESSES: CITY OF ATLANTIC BEACH
Print Name:
Print Name:
By:
James R. Hanson, City Manager
Attest:
Donna L. Bartle, City Clerk
WITNESSES: THE ESTATES OF ATLANTIC
BEACH,LLC
Print Name:
By:
Michael A. Sones, Manager
Print Name:
AGENDA ITEM # 8A
MAY 10, 2010
Exhibit "A"
PARCEL 1
A PART OF FRACTIONAL SECTION 5, TOGETHER WITH A PART OF
GOVERNMENT LOT 1 FRACTIONAL SECTION 8, AND ALSO TOGETHER
WITH A PART OF LOT 2, DIVISION 3, OF THE ANDREW DEWEES GRANT,
SECTION 37, ALL IN TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FORA POINT OF REFERENCE, COMMENCE AT THE NORTHWEST
CORNER OF LOT 18, OCEANWALK UNIT FOUR, AS RECORDED IN PLAT
BOOK 42, PAGES 18, 18A, 186 AND 18C, OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY; THENCE SOUTH 89°09'52" WEST, ALONG
THE SOUTH LINE OF THOSE LANDS TO THE CITY OF JACKSONVILLE BY
CONDEMNATION RESOLUTION NUMBER 70-801-236, AS RECORDED IN
OFFICIAL RECORDS VOLUME 3202, PAGE 481, OF SAID PUBLIC
RECORDS, A DISTANCE OF 100.46 FEET TO THE WESTERLY RIGHT OF
WAY LINE OF OLD SHERRY DRIVE, COUNTY ROAD 551 (A 100 FOOT
RIGHT OF WAY AS NOW ESTABLISHED, NOT CURRENTLY OPEN) AND
THE POINT OF BEGINNING FOR THE LANDS HEREIN DESCRIBED;
THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE (AS
SAME IS SHOWN ON THE AFOREMENTIONED PLAT OF OCEANWALK
UNIT FOUR AND ALSO ON THE PLATS OF OCEANWALK UNIT THREE, AS
RECORDED IN PLAT BOOK 42, PAGES 74, 74A, 746 AND 74C, AND
OCEANWAIK UNIT TWO, AS RECORDED IN PLAT BOOK 42, PAGES 13,
13A, 138, 13C AND 13D, ALL OF SAID PUBLIC RECORDS) THE
FOLLOWING COURSES: 1) SOUTH 06°17'36" EAST, A DISTANCE OF
39.07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO
THE NORTHEAST AND HAVING A RADIUS OF 2914.78 FEET; 2)
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF
398.19 FEET, MAKING A CENTRAL ANGLE OF 07°49'38" AND HAVING A
CHORD BEARING OF SOUTH 10°12'25" EAST AND A CHORD DISTANCE
OF 397.88 FEET TO THE POINT OF TANGENCY OF SAID CURVE; 3)
SOUTH 14°07'14" EAST, A DISTANCE OF 741.35 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING
A RADIUS OF 2814.70 FEET; 4) SOUTHEASTERLY, ALONG THE ARC OF
SAID CURVE, A DISTANCE OF 524.47 FEET, MAKING A CENTRAL ANGLE
OF 10°40'34" AND HAVING A CHORD BEARING OF 5OUTH 08°46'58"
EAST, AND A CHORD DISTANCE OF 523.72 FEET TO THE POINT OF
TANGENCY OF SAID CURVE; 5) SOUTH 03°26'40" EAST, A DISTANCE OF
255.37 FEET TO THE NORTH LINE OF THOSE LANDS AS DESCRIBED IN
OFFICIAL RECORDS VOLUME 5463, PAGE 29, OF SAID PUBLIC RECORDS;
THENCE SOUTH 86°0750" WEST, ALONG SAID NORTH LINE, A
DISTANCE OF 757.21 FEET TO THE WEST LINE OF SAID GOVERNMENT
LOT 1, SECTION 8; THENCE NORTH 00°54'13" WEST, ALONG SAID WEST
ExhibitA RevisedLegal (EAB) 041610, page 1
AGENDA ITEM # 8A
MAY 10, 2010
Exhibit "A"
LINE, A DISTANCE OF 114.33 FEET TO THE SOUTH LINE OF SAID
SECTIONS; THENCE SOUTH 89°37'24" WEST, ALONG SOUTH LINE OF
SECTION 5, A DISTANCE OF 182.08 FEET TO THE EAST LINE OF THOSE
SAID LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 6032, PAGE
199, OF SAID PUBLIC RECORDS; THENCE NORTH 10°07'22" EAST,
ALONG SAID EAST UNE AND ALSO ALONG THE EAST LINE OF THOSE
LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 5733, PAGE
1291, A DISTANCE OF 1845.44 FEET TO THE SOUTHWEST CORNER OF
THOSE SAID LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 5842,
PAGE 1513, OF SAID PUBLIC RECORDS; THENCE NORTH 89°09'52"
EAST, ALONG THE SOUTH UNE OF SAID LANDS, A DISTANCE OF 40.00
FEET; THENCE NORTH 10°07'22" EAST, ALONG THE EAST UNE OF SAID
LANDS, A DISTANCE OF 40.00 FEET TO THE AFOREMENTIONED SOUTH
LINE OF THOSE LANDS TO THE CITY OF JACKSONVILLE BY
CONDEMNATION; THENCE NORTH 89°09'52" EAST, ALONG SAID
SOUTH UNE, A DISTANCE OF 217.05 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH:
A WESTERLY HALF OF THE NORTHERLY 60 FEET OF SELVA MARINA
DRIVE (A 100 FOOT RIGHT OF WAY) AS CLOSED BY THE CITY OF
ATLANTIC BEACH IN ORDINANCE NUMBER 65-88-18, SAID 1ANDS ALSO
BEING A PORTION OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29
EAST, ATLANTIC BEACH, DUVAL COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE,
COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SELVA
NORTE UNIT ONE AS RECORDED IN PLAT BOOK 39, PAGES 94, 94A AND
946 OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY,
FLORIDA, SAID POINT ALSO BEING THE MOST SOUTHWESTERLY
CORNER OF OCEANWALK UNIT TWO AS RECORDED IN PLAT BOOK 42,
PAGES 13, 13A THROUGH 13D, OF SAID CURRENT PUBLIC RECORDS
AND LYING IN THE EASTERLY RIGHT OF WAY LINE OF SAID SELVA
MARINA DRIVE; THENCE NORTH 03°26'40" WEST ALONG SAID
EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 49.77 FEET TO A POINT
IN THE SOUTHERLY LINE OF SAID ORDINANCE NUMBER 65-88-18;
THENCE NORTH 85°09'23" WEST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 50.53 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 85°09'23" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF
50.53 FEET TO A POINT IN THE WESTERLY RIGHT OF WAY LINE OF
SELVA MARINA DRIVE; THENCE NORTH 03°26'40" WEST ALONG SAID
WESTERLY RIGHT OF WAY UNE, A DISTANCE OF 60.63 FEET TO A POINT
IN THE NORTHERLY UNE OF SAID SECTION 8, THE CITY OF ATLANTIC
ExhibitA Revisedlegal (EABJ 041610ExhibitA Revisedtegal (EABJ 041610, page2
AGENDA ITEM # 8A
MAY 1Q 2010
Exhibit "A"
BEACH AND SELVA MARINA pRIVE; THENCE SOUTH 85°09'23" EAST,
CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 50.53
FEET TO A POINT IN SAID NORTHERLY UNE; THENCE SOUTH 03°26'40"
EAST, A DISTANCE OF 60.63 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
A PORTION OF THE ANDREW DEWEES GRANT, SECTION 37, CITY OF
JACKSONVILLE, DUVAL COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE,
COMMENCE AT THE MOST NORTWWESTERLY CORNER. OF SELVA
NORTE UNIT ONE AS RECORDED IN PLAT BOOK 39, PAGES 94, 94A AND
946, SAID POINT ALSO BEING THE MOST SOUTHWESTERLY CORNER OF
OCEANWALK UNIT TWO AS RECORDED IN PLAT BOOK 42, PAGES 13,
13A THROUGH 13D, BbTH, OF THE CURRENT PUBLIC RECORDS OF
DUVAL COUNTY, FLORIDA AND LYING IN THE EASTERLY RIGHT OF WAY
LINE OF SAID SEWA MARINA DRIVE; THENCE NORTH 03°26'40" WEST
ALONG SAID EASTERLY RIGH OF WAY LINE, A DISTANCE OF 110.40
FEET TO THE NORTHERLY LINE OF SAID SECTION 8, ALSO BEING THE
NORTH CITY LIMITS UNE OF ATLANTIC BEACH AND THE POINT OF
BEGINNING; THENCE NORTH 85°09'23" WEST A DISTANCE OF 101.06
FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID SELVA MARINA
DRIVE, SAID POINT ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF
OLD SHERRY DRIVE (A 100 FOOT RIGHT OF WAY AS NOW
ESTABLISHED, NOT CURRENTLY OPEN); THENCE ALONG SAID
WESTERLY RIGHT OF WAY LINE THE FOLLOWING COURSES: 1) NORTH
03°26'40" WEST, A DISTANCE OF 190.73 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS
OF 2814.70 FEET; 2) THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE, AN ARC DISTANCE OF 524.48 FEET TO THE POINT OF
TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD
BEARING AND DISTANCE OF NORTH 08°46'58" WEST, 523.72 FEET; 3)
THENCE NORTH 14°07'14" WEST, A DISTANCE OF 741.36 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY AND HAVING
A RADIUS OF 2914.78; 4) THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE, AN ARC DISTANCE OF 398.19 FEET TO THE POINT OF
TANGENCY OF SAID CURVE, SAID ARC BEING SUBTENDED BY A CHORD
BEARING AND DISTANCE OF NORTH 10°12'25" WEST, 397.88 FEET; 5)
THENCE NORTH 06°17`36" WEST, A DISTANCE OF 39.07 FEET TO THE
SOUTHERLY UNE OF KATHRYN ABBY HANNA PARK, AS DESCRIBED
AND RECORDED IN OFFICIAL RECORDS VOLUME 3202, PAGE 481 OF
SAID CURRENT PUBLIC RECORDS; THENCE NORTH 89°09'52" EAST
ALONG SAID SOUTHERLY LINE A DISTANCE OF 100.46 FEET TO A POINT
ExhibitA RevisedLegal (EABJ 041610ExhibitA RevisedLegal (EAB) 041610, page3
AGENDA TI'EM # 8A
MAY 10, 2010
Exhib;t "a"
SITUATED IN THE EASTERN RIGHT OF WAY UNE OF SAID OLD SHERRY
DRIVE, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF
OCEANWALK UNIT FOUR, AS DESCRIBED AND RECORDED IN PLAT
BOOK 42, PAGES 18, 18A THROUGH 18C OF SAID CURRENT PUBLIC
RfCORDS; THENCE DEPARTING SAID SOUTHERLY LINE AND ALONG
SAID EASTERLY RIGHT OF WAY UNE OF OLD SHERRY DRNE, THE
FOLLOWING COURSES: 1) SOUTH 06°17'36" EAST, A DISTANCE OF
29.52 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 2814.78 FEET; 2) THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF
384.53 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID ARC
BEING SUBTENDED BY A CHORD BEARING AND DISTANCE SOUTH
10°12'25" EAST, 384.23 FEET; 3) THENCE SOUTH 14°07'14" EAST, A
DISTANCE OF 741.36 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 2914.70 FEET; 4)
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, AN ARC
DISTANCE OF 543.11 FEET TO THE POINT OF TANGENCY OF SAID
CURVE, SAID ARC BEING SUBTENDED BY A CHORD BEARING AND
DISTANCE OF SOUTW 08°46'58" EAST, 542.32 FEET; 5) THENCE SOUTH
03°26'40" EAST, A DISTANCE OF 205.30 FEET TO THE POINT OF
BEGINNING.
ExhibitA RevisedLegal (EABJ 041610ExhibitA RevisedLegai (EABJ 041610, page4
AGENDA ITEM # 8A
MAY 10, 2010
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