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Exh 8DAGENDA ITEM#8D FEBRUARY 12, 2001 STAFF REPORT CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM: Amendment to Memorandum of Agreement with Jacksonville Transportation Authority for Donation of Property for Retention Pond Adjacent to Tideviews Preserve DATE: February 6, 2001 SUBMITTED BY: Tim Hanson, BACKGROUND: Last summer, the City C ssion approved execution of a Memorandum of Agree ent between the City of Atlantic Beach and the Jacksonville Transportation Authority to resolve many issues dealing with the Atlantic Boulevazd/Mayport Road Flyover Project. One of the issues was the transfer of ownership of land needed for construction of a new retention pond adjacent to the City's Tideviews Preserve. This included pazcels 800 and 801: a portion of (unopened) Begonia Street Tanning north from the intersection with West 1 s` Street and a piece of property on the east side of (unopened) Begonia Street. After that MOA was signed, the JTA applied for a permit from the Tree Board, which expressed concern over cutting down severai lazge old oak trees. After considerable discussion with the JTA and theTtee Board, it was concluded that the pond could be adjusted so as to save many of the larger trees and to create a more natural appearance. It was then reported to the City Commission that there would be a change in the boundary of the property deeded to JTA, and that the issue would be brought back to the City Commission after the property description had been prepazed. The 3TA has now completed the property description for the pond and it is appropriate for the City Commission to amend the MOA to incorporate the revised property description for the retention pond adjacent to Tideviews Pazk. BUDGET: This project is not anticipated to have any effect on the City of Atlantic Beach budget. AGENDA ITEM #8D FEBRUARY 12, 2001 RECOMMENDATION: Approve execution of the Amendment to the Memorandum of Agreement between the City of Atlantic Beach and the Jacksonville Transportation Authority. ATTACHMENTS: -Amendment to Memorandum of Agreement between the City of .Atlantic Beach and the Jacksonville Transportation Authority. -Drawing entitled JTA Pond Location ALAN JENSEN ATTY 423 Pet AGENDA ITEM #SD FEBRUARY 12, 2001 ~~ A{"vIEIYi)14~'NT TO "~~y,. \~..~ ~fiE1~IORAIv'Di~'M OF AGREEi~i43V T ~tj ~ } . This Amendment to Memorandum of Agreement (this "Amendment") is made as of 2001, by and between the JAC%SONVILLE TItANSP'ORTAT;ON AUTT>ORITY, a body politic and corporate and an agency of the State of Florida (the "3TA"), and the CITX OF ATLANTIC BE.~CE[, a Fioada municipal corporation (the "City"). Wi'3EREAS, the parties previously entered into a MEMORANDi7M OF AGREEMENT $1rTWEEN THE CITY OP ATLANTIC BEACH AND THE 2ACKSONVILLE TRANSPORTATIOI3 AUTHORTTY FOR THE. ATLANTIC BOULE~IARD/IyIAYPORT ROAD INTE$CHANGB On , 2000, (the "Agreement°}, a copy of which is attached hereto, and WHEREAS, the Ciry was required by the Agreement to convey certain real property to the ITA, as described in the Agreement, and WHEREAS, the parties have agreed that the parcels of real property described in the Agreement as Parcels 800 and 801 will be removed from the Agreement and in their place new pazcels will be deeded.which aze desc bed as Parcels 804, 805 aad 806. N'OW THEREFORE, in consideration of ten dollars and other good and valuable consideration, the receipt and sufficiency of which axe hereby acknowledged, the parties hereby agree as follows: i. Paragraph C. of the Agreement is amended to reach as follows: "C. The City is the owner of certain lands and public roads described on Exhibit A attached hereto which contain appmximately 2.2 acres and are referred to aS Pazcels, 100, 103, 130, 803, 804, 805 and 806 (tile "Property") n 2. The legal descriptions fnz Parcels 804, 805 and $06 are attached hereto. These pazcels are to be deeded by the City to the 3TA instead of Parcels 800 and 801 as reflected in the Agreement. 3. All remaining provisions of the Agreement shall remain in full force and effect and are rot changed by this Amendment. ALAN JENSEN RTTY 4Z3 P03 AGENDA ITEM #SD FEBRUARY 12, 2001 IN WITNESS WIIEiiFAF, the parties hereto have executed this Amendment to be effective as of the date fast set forth above. Witnesses: Wi~ness print name; Witaesa print name: Witness print name: Witaess grin[ name• Form approved: 3TA Legal Counsel CITY' OF ATLANTIC BEACH B • ~ ~, Y john 5. M yoz IACK5ONVILLE TItANSI'OItTATTON AUTFIORTTY By Miles N. Frallcis, 7r. F,xecutive Director Form approved_ Atlantic Beach J • •1'~, orney s p ,." JTA Pond Location Pond Addition to Tideviews Preserve Existing Pond Original Proposed JTA Pond- Location Tideviews Preserve Boundary ATLANTIC BOUL n ~ I II ~a of ~ ~z cd a ~ .~ r~ N 'J N ~ O ~ O ~