Item 8DAGENDA ITEM # 8D
J[JNE 28, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Easement from U.S. Navy for Existing Effluent Force Mains at Sherman Point
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: June 18, 2010
BACKGROUND: In May, 1984 the U.S. Navy granted an easement to the City of Atlantic Beach
for construction and maintenance of the effluent force mains, including the combined beaches force
main. T'he easement was effective for 25 years and expired in May 2009. T'he Navy has been working
with the City to renew the easement and has prepared the easement document for an additional 25
years at the City's request.
Renewal of the easement is necessary for the City to have continued access for maintenance of the
existing force mains.
BUDGET: The Navy's estimated cost for preparing the easement, including administrative, legal,
survey, environmental and appraisal services is $4,470 and the Fair Mazket Value of the land was
appraised at $200, for a total of $4,670. Costs will be shazed by the three beach cities based on the
design flow capacity as per our interlocal agreement.
Treatment Plant Design Flow,
MGD
Total =10.9 Percent of Total of All
4 Treatment Plants Easement Costs
Jacksonville Beach 4.5 41.3% $1,929
N tune Beach 1.5 13.7% $640
**Atlantic Beach 4.9 45% $2,101
**Total of Wastewater Plant #1 (3.0 MGD) plus Wastewater Flant #2 (1.9 MGD)
Funds aze available in the Sewer Fund under account number 410-5508-535-3100.
RECOMMENDATION: Approve request for Easement from U.S. Navy for Existing Effluent
Force Mains at Sherman Point.
ATTACHMENTS: 1. Proposed Easement from Navy
2. Cost estimate from Navy
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8D
JUNE 28, 2010
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AGENDA ITEM # 8D
JiJNE 28, 2010
All correspondence in connection with
this contract should include reference
to N69450-10-RP-00017
GRANT OF EASEMENT
THIS Grant of Easement made this day of , 2010
between the United States of America, herein called the Government, acting through the
Department of the Navy, herein called the Grantor, and the City of Atlantic Beach, Florida herein
called the Grantee, whose address is 800 Seminole Road Atlantic Beach, Florida, 32233-5455.
WHEREAS, the Government owns that certain real property identified as Naval Station
Mayport, Florida herein called NAVSTA Mayport; and
WHEREAS, the Grantee has requested continued use of easement (formally N62467-84-
RP-00285), for the right of way to operate, maintain, repair, and replace a outfall sewage force
main, over and under that portion of the Station hereinafter described; and
WHEREAS, the Secretary of the Navy has found that the granting of such easement on
the terms and conditions hereinafter stated is not incompatible with the public interest;
NOW THEREFORE, this Grant of Easement witnesseth that, in consideration of two
hundred dollars ($200) paid by the Grantee to the Government, the Government hereby grants to
the City of Atlantic Beach, and its successors and assigns, for a period of Twenty-five (25) years
from the date hereof, anon-exclusive easement for the operation, maintenance, repair, and
replacement of an outfall sewage force main, together with all rights and privileges necessary or
convenient for the full enjoyment or use thereof for the aforesaid purpose, including the right of
ingress and egress thereto and therefrom, along, under and across the property in a manner not to
interfere with the secured perimeter of NAVSTA Mayport as required by Anti-terrorism Force
Protection, on a portion of NAVSTA Mayport hereinafter called the Premises, more fully
described as follows, and as shown in Exhibits "A" and "B", attached hereto and made part
hereof:
A portion of Section 31, Township 1 South, Range 29 East, Duval County, Florida,
lying between the westerly right-of--way line of Florida State Road A-1-A and the
banks of the St. John River, and being more particularly described as follows:
Commence at the point of tangency of the centerline of State Road A-1-A (a 200-
foot R/VV) at Station 280+44.98 as shown on Florida State Department of
Transportation Roadway Plans, Job No. 7224-301; run thence southwesterly along
the centerline of said State Road A-1-A and a curve to the southeast, an arc dis-
tance of 577.85-feet to a point on said centerline; said point bears south 30° 44'
19" W, a distance of 571.75-feet (chord bearing and distance) from the aforesaid
point of tangency; aforesaid curve having a radius of 1145.92-feet, a tangency of
790.88-feet, and a central angle of 69° 13' 30"; run thence north 76° 12' O1"west, a
distance of 100.00-feet to a point in the westerly right-of--way line of aforesaid State
AGENDA ITEM # 8D
JUNE 28, 2010
Road A-1-A and the POINT OF BEGINNING of the centerline of a 30-foot wide
permanent utility easement, containing 0.04 acre, more or less.
In addition to the above description of the permanent easement, there shall be
included an additiona120-foot wide maintenance construction easement on the
northerly and southerly sides of the permanent easement.
From the POINT OF BEGINNING, continue north 76° 12' Ol" west, a distance of
57-feet, more or less, to the mean high water line (M.H.L.) of the St. Johns River as
established by the U.S. Army Corps of Engineers and the termination of this
description. Said centerline being parallel to and 55-feet distant, when measured at
right angles, from the centerline of a 30-foot wide easement granted to Buccaneer
Services Company, Inc. of Jacksonville, Duval County, Florida. The maintenance
construction easements contain a total of 0.05 acre, more or less.
All as delineated on Plats prepared by Robert Bates and Associates, Inc.,
Jacksonville, Florida, dated December 1983, entitled "Easement for Treated
Wastewater Outfall Force Mane" Project No. 8306-5, marked Exhibit "A" and
Exhibit "B," attached hereto and made a part of hereof.
THIS EASEMENT is granted subject to the following terms and conditions:
1. All work in connection with the operation, maintenance, repair, and replacement of
the Force Main shall be done without cost or expense to the Government and in accordance with
plans approved in advance by the Commanding Officer, Naval Facilities Engineering Command
Southeast, hereinafter referred to as the Commanding Officer.
2. All work shall cease and the Public Works Officer at Naval Station Mayport shall be
notified if any buried debris or hazardous material is encountered during the operation,
maintenance, repair, and replacement of the Force Main.
3. The Grantee shall maintain the Premises and the Force Main in good condition at all
times and shall promptly make all repairs thereto that may be necessary for the preservation of
the condition of the Premises and the continued operation and maintenance of the Force Main.
4. The Grantee's rights hereunder shall be subject to such reasonable rules and
regulations as may be prescribed by the Government to assure that the exercise of such rights
will not interfere with Government activities at the NAVSTA Mayport.
5. Upon the termination of this easement, the Grantee, at its expense, shall remove, to the
extent requested by the Government, improvements installed or constructed hereunder, and shall
restore the Premises to the same or as good a condition as that which existed prior to the exercise
by the Grantee of its rights hereunder. Such restoration shall be done in a manner satisfactory to
the Commanding Officer.
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AGENDA ITEM 1t 8D
JiJNE 28, 2010
6. If at any future time, the Government determines that the Force Main, or any portion
thereof, unduly interferes with any of its activities, it shall have the right to terminate this
easement, in whole or in part, to the extent necessary to eliminate such interference; Provided
that, unless the Government shall have determined that relocation is not feasible, it shall convey
to the Grantee, without charge, a substitute easement permitting the Grantee to relocate the Force
Main, or portion thereof, on adjacent Government property, at the Grantee's cost and expense.
The substitute easement shall contain the same terms and conditions as those of this easement,
and shall bear the same expiration date, if any.
7. Grantee shall comply with all applicable Federal, State and Local laws, regulations,
and standards that are or may become applicable to the Grantee's activities on the Premises.
8. Grantor shall not be responsible for the cost and expense for any environmental
permits required for operations under this easement. Copies of all required operation permits
shall be provided to the Government.
9. Grantee shall, to the extent allowed under Florida Statute §768.28, indemnify and
hold harmless the Government from any costs, expenses, liabilities, fines or penalties resulting
from discharges, emissions or spills arising from Grantee's occupancy, use or operation of the
Easement or any other action by the Grantee giving rise to Government liability, civil or
criminal, or responsibility under Federal, State or Local environmental laws. This provision
shall survive the expiration or termination of this Easement, and the Grantee's obligations
hereunder shall apply whenever Government incurs costs or liabilities for Grantee's actions.
Nothing herein shall be construed as expanding any liability of Grantee beyond that provided in
Florida Statute §768.28 relating to sovereign immunity.
10. Grantee shall, to the extent allowed under Florida Statute §768.28, indemnify and
hold harmless the Government from and against all debts, claims, judgments, costs and expenses
asserted by any person who is injured, or whose property is damaged as a result of or arising out
of the use or occupancy of the Easement by Grantee or otherwise (excepting matters caused by
the negligence or intentional act of the Government or its agents, employees, or contractors).
Nothing herein shall be construed as expanding any liability of Grantee beyond that provided in
Florida Statute §768.28 relating to sovereign immunity.
11. All or any part of the easement may be terminated upon failure by the Grantee to
comply with any of its terms and conditions, upon abandonment of the rights granted herein, or
upon non-use of such rights for a period of two consecutive years.
12. The Government may use the Premises of this easement for any purpose that does
not unreasonably interfere with the use and enjoyment by the Grantee of the rights granted by
this easement.
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AGENDA ITEM # 8D
JUNE 28, 2010
IN WITNESS WHEREOF, the United States of America, acting through the Department of the
Navy, has caused this instrument to be executed the day and year written first above.
WITNESSES:
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
UNITED STATES OF AMERICA
By: Department of the Navy
By
Timothy T. Yonce
Real Estate Contracting Officer
Naval Facilities Engineering Command Southeast
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AGENDA ITEM # 8D
JUNE 28, 2010
STATE OF FLORIDA
COUNTY OF DUVAL
ACKNOWLEDGEMENT
PERSONALLY appeared before me
who being
duly sworn, says that saw the within named sign and seal
the foregoing Grant of Easement, on behalf of the United States of America, and that with
witnessed the execution thereof.
Sworn to before me this
day of 2009,
Notary Public for the State of Florida.
My commission expires:
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