Beachside Stormwater LetterDecember 16, 2016
Re: Beachside Neighborhood Stormwater System
Mr. Van Liere,
City of Atlantic Beach
Community Development
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5826
Fax (904) 247-5845
http://www.coab.us
Per your request, I have researched what I could find related to the ownership and maintenance
responsibilities of the stormwater system in the Beachside neighborhood. I have found a couple of
documents, in conjunction with those provided by Ms. Whittington to Commission on November
14, 2016, that suggest the right-of-ways in the neighborhood are owned and are to be maintained
by the City. This includes streets; and water, sewer and stormwater facilities. The ponds located at
the southern and northern corners of Seminole Road and Beachside Drive are owned by the
property owners at 1890 and 1930 Beachside Court respectively and are to be maintained by those
respective homeowners and the Beachside Homeowners Association.
In addition to the June 22, 1987 City Commission minutes provided by Ms. Whittington, a letter
by then City Clerk on November 17, 1992, clarifies that water and sewer lines and streets and
drainage were accepted for ownership and maintenance by the City at that meeting in 1987. It is
not clear why this letter was written though.
A copy of the Beachside Covenants and Restrictions states on page 12 that the ponds are located
on Lots 1 and 28 (1890 and 1930 Beachside Court), and that all lots have an easement for
stormwater drainage into the ponds. It goes on to say that the homeowners association is
responsible for the maintenance of the ponds and the respective homeowners are responsible for
the landscape area around the ponds. The copy used was not a recorded copy and may be
inaccurate. An official recorded copy was not readily available because the Clerk of Courts online
system do not go back far enough.
Sincerely,
Derek W. Reeves
Planner
Attachments:
City Clerk letter regarding the City's acceptance of utilities
Page 12 of the Beachside Covenants and Restrictions
November 17, 1992
TO WHOM IT MAY CONCERN
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
This is to advise that the public improvements in Beachside subdivision,
including water- and sewer lines and streets and drainage were accepted
for ownership and maintenance by the City of Atlantic Beach on June 22,
1987.
Sincerely,
Maureen King
City Clerk
7.7 Arbitration. In the event of any dispute arising con-
cerning a party wall, or under the provisions of this Article,
each party shall choose one arbitrator, and such arbitrators shall
choose one additional arbitrator, and the decision shall be by a
majority of all the arbitrators.
ARTICLE VIII
EASEMENTS
8.1 Access Easement. The improvements to be constructed on
each Duplex Lot shall incorporate a driveway to provide access to
and parking for the occupant of each residence constructed upon
the Lot. In addition, in the event that it is necessary, conve-
nient or required by the applicable governmental authorities,
driveways on the Duplex Lots may be constructed to provide a sin-
gle access to the public street to serve two adjacent Duplex Lots.
In such event, a perpetual non exclusive easement for ingress and
egress is hereby reserved and granted over the paved portions of
such Duplex Lots for the benefit of the Owner's right of ingress
and egress. The Owners of each Duplex Lot, and in the event of
separate ownership of each residence, all Owners shall be jointly
and severally liable for the maintenance, repair and replacement
of the driveways serving more than one Duplex Lot. All costs of
repair, maintenance, or replacements shall be divided by the num-
ber of users and the owner of each residence shall pay a fraction-
al share of the costs, the numerator of such fraction being "1"
and the denominator being the number of users. No Owner or his
tenants, guests or invitees shall be entitled to obstruct or im-
pede access over the joint driveway.
8.2 Drainage Easement. A portion of the drainage for all
Lots is provided by retention lakes located upon Lots 1 and 28. A
perpetual non exclusive easement for surface and stormwater drain-
age is hereby reserved over the retention lakes located upon such
Lots. It is the responsibility of the Association to maintain
such retention lakes in the manner as may be required from time to
time by applicable governmental authorities. Provided, however,
the Owners of such Lots shall maintain the adjacent landscaping
and embankments and shall take no action which would inhibit or
prevent the flow of waters. The cost of maintenance and repair of
the bottom and waters of such retention lakes shall be included in
the Association budget. An easement is hereby granted to the As-
sociation for access, ingress and egress to the retention lakes to
perform such maintenance, repair and replacement.
8.3 Developer's Easement Rights. The Developer shall have
the unrestricted right, without the approval or joinder of any
other person or entity, to designate the use and to alienate, re-
lease or otherwise assign the easements shown on the Plat. The
easements may be used to construct, maintain and operate water
mains, drainage ditches, sewer lines and other suitable installa-
tions for drainage and sewage disposal, or for the installation,
maintenance, transmission and use of electricity, gas, telephone,
water and other utilities, whether or not the easements are shown
on the Plat to be for drainage, utilities, or other purposes. The
Owners of the Lots subject to easements shown on the Plat shall
acquire no right, title or interest in any to any cables, con-
duits, pipes, mains, lines or other equipment or facilities placed
on, over or under the Lot subject to the easements. The Owner of
any Lot subject to any easement or easements shall not construct
any improvements or structures upon the easement areas. If any
Owner constructs any improvements or structures on the easement
areas shown on the Plat, the Owner of the Lot shall remove the im-
provements or structures upon written request of Developer or its
designee. As a general rule, landscape grading and fill up to six
(6) inches will be permitted with approval from the Developer.
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