HomeMy WebLinkAbout08.f Easement Agreement. Peters Creek Investments EXECUTIVE SUMMARY
AGENDA ITEM:
Request for consideration and approval of the proposed Easement Agreement with Peters Creek
Investments, L.L.P. to for the utility transmission main extensions north of Rosemary Hill Road
to County Road 315 associated with the Peters Creek and Governor's Park Plant Projects.
Financial Job No. 22003SP
Project No. 2211-0042
Date: January 10, 2024
BACKGROUND:
Staff is requesting Board approval of this easement agreement. Upon approval, staff would move
to closing for this easement section for transmission main extensions north of Rosemary Hill Road
to County Road 315 associated with the Peters Creek and Governor's Park Plant Projects.
Staff requested an easement from Peters Creek Investments, L.L.P. across their property north of
Rosemary Hill Road to County Road 315, as shown on the attached map, for utility transmission
mains to connect the Peters Creek and Governor's Park vertical infrastructure. Attached is a copy
of the executed Request for Consideration detailing the property owner's agreement to grant the
Clay County Utility Authority(CCUA) 2.161 acres of permanent 25-foot-wide easement adjacent
to CCUA's existing easement in this area in exchange for a lump sum payment of$152,778.38
available at the time of closing. This equals $1.62 per square foot for the 94,133-square-foot
easement.
Staff believes this is a reasonable request and value per square foot, consistent with other
easements we have purchased. This easement is vital for us to complete our current project for
extending utility infrastructure and master planning for future needs to serve the significant growth
in this area.
BUDGET:
The Peters Creek WRF budget adjustment was approved by the Board of Supervisors on March
21, 2023, as part of the mid-year amendment to the FY 23 CIP Budget and provided funding as
described in the following table:
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01/16/24
Ca I ital Im I rovement Pro ram(CO)Bud ets:
Peters Creek WRF Phase II: $ 43.819.540.00
Peters Creek WRF Land Acquisition: $ 3.000.000.00
Project Transfers from Delayed Projects: $ 41.524.718.08
Total CIP Project Budget: $ 88,344,258.08
Current and Proposed Contracts:
Original Design and Bidding Services with Ardurra: $ 3.564.608.00
Previous Change Orders for Interim Modifications: $ 76.960.80
Design and Bidding Amendment#3 with Arduura: $ 690.013.00
Peters Creek Pre-purchase of Equipment: $ 15.492.603.20
Peters Creek WRF Expansion with Wharton Smith: $ 55.088.600.00
Governor's Park Site Civil with PSCC: $ 1.905.000.00
Governor's Park LS and RWPS with Sawcross. Inc.: $ 7.683.000.00
Governor's Park Pre-Purchase Equipment: $ 609.643.08
Sub-Total Design and Construction Services Contracts: $ 85.110.428.08
Total Construction Contingency: $ 3.233.830.00
Total Design and Construction Services Contracts: _ $ 88,344,258.08
The funds for Land Acquisition costs are included in the Peters Creek WRF budget adjustment.
RECOMMENDATION:
Staff request approval of the Easement Agreement and authorization to proceed with closing the
easement in accordance with the terms detailed in the Easement Agreement.
ATTACHMENTS:
1. Easement Agreement
2. Draft Grant of Easement
3. Locational map
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01/16/24
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January 8, 2024
Mr. George M. Egan
Peters Creek Investment L.L,P.
1845 Town Center Boulevard, Suite 105
Fleming Island, Florida 32003
Re: Parcel No. 31-05-26-014455-000-00 — Request for your consideration in granting
easements to the Clay County Utility Authority (CCUA) to accommodate utility
extensions north of Rosemary Hill to County Road 315, Green Cove Springs, Clay
County, Florida.
Dear Mr. Egan:
CCUA plans to extend utility infrastructure across Peters Creek Investment's property
north of Rosemary Hill Road to County Road 315. To accommodate the extension of
these mains, CCUA requests 2.161 acres of permanent easements across your property
at the locations shown on the attached map. In return for your granting CCUA the
easements, CCUA would propose payment of$152,778.38, available to you at closing.
CCUA will restore your property to as near its pre-existing condition as reasonably
possible, including but not limited to grading and grassing the construction area and
removing all debris. No trees will be permitted to remain or be planted within the easement
area. All utilities will be underground, except for fire hydrants and valve or meter boxes,
which would be at or near ground level.
If this agreement and the enclosed Grant of Easement and map are acceptable to you,
please sign in the space provided and return the original to CCUA. Staff will then present
this tentative agreement to CCUA's Board of Supervisors for consideration. If approved,
staff will proceed with the title search and, if the title search confirms there are no
encumbrances on the property, staff will prepare for closing. Any title issue must be
resolved before closing. This may involve subordinations of mortgages or other releases,
which you may be required to secure.
Don't hesitate to contact Melisa Blaney at (904) 213-2420 if you have any questions or
require any additional information.
Very truly yours, Accepted by:
C 1\ .
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Prepared under the direction of,
Record and return to:
Grady H.Williams,Jr.,Esq.
c/o Clay County Utility Authority
3176 Old Jennings Road
Middleburg,Florida 32068-3907
GRANT OF EASEMENT
Parcel No.: 31-05-26-014455-000-00
Project Name: Peters Creek Pipeline
Interconnect to Governors Park
THIS INDENTURE, made this day of ,A.D.2024,BETWEEN
PETERS CREEK INVESTMENTS,L.L.P.,a Florida limited liability partnership,whose mailing address
is 1845 Town Center Boulevard, Suite 100,Fleming Island,Florida 32003,hereinafter called GRANTOR,
and CLAY COUNTY UTILITY AUTHORITY, an independent special district and political subdivision
of the State of Florida, existing and created under Chapter 94-491, Laws of Florida, Special Acts of 1994,
whose business address is 3176 Old Jennings Road, Middleburg, Florida 32068-3907, hereinafter called
GRANTEE.
WITNESSETH: That GRANTOR,for and in consideration of the sum of Ten Dollars($10.00)and
other good and valuable consideration to them in hand paid by GRANTEE, the receipt whereof is hereby
acknowledged, has granted, bargained, sold and conveyed to the GRANTEE, its successors and assigns
forever a non-exclusive right-of-way and easement with the right, privilege and authority to said
GRANTEE,its successors and assigns,to construct, operate,lay,remove,maintain, improve and/or repair
associated equipment for existing and future water,wastewater,and/or reclaimed water utilities,any or all,
on,along,over,through,across or under the following described land,situate in Clay County,Florida,to-wit
(the "Easement Area"):
See EXHIBIT "A", attached hereto and by reference made a part hereof.
TOGETHER,with the right of said GRANTEE, its successors and assigns,of ingress and egress,to
and over the Easement Area, and for doing anything necessary or useful or convenient upon, over, under
Easement Area, together also with the right and easements, privileges and appurtenances in and to the
Easement Area which may be required for the enjoyment of the rights herein granted. GRANTOR does
hereby fully warrant the title to the grant of the Easements described herein and will defend the same against
the lawful claims of all persons claiming by, through or under GRANTOR but against none other, and
subject to covenants,restrictions,easements,and other matters of record,any matter that would be disclosed
by an accurate and complete survey of the Easement Area, and taxes and assessments for 2021 and
subsequent years; provided, however, this reference shall not operate to reimpose the same.
GRANTOR, for itself and its successors and assigns,hereby reserves the right to use the Easement
Area for any lawful purpose not inconsistent with the grants, agreements, and covenants created hereby,
including,but not limited to(i)the right to grant easements and licenses to others over, across,and under the
Easement Area so long as such grants do not unreasonably interfere with the GRANTEE's rights hereunder,
(ii)the right to construct and install improvements in the Easement Area that do not unreasonably interfere
with the GRANTEE's rights hereunder, including, but not limited to, horizontal improvements such as
landscaping, paving, driveways, entrances, and sidewalks.
X.\Service Availability\Easements&Real Estate\Grant of Easement(Corporation)\Peter Creek Investments LLP.014455.010924.docx
If GRANTEE causes any damage to GRANTOR's property,GRANTEE shall, at GRANTEE's sole
cost and expense,promptly and fully repair and restore the ground surface and any improvements located on
GRANTOR's property to approximately the same condition as said ground surface existed prior to such
damage, as is reasonably practical under the circumstances. Notwithstanding the foregoing provision, the
parties hereto acknowledge Grantee may be required to remove existing fencing,running along inside the
boundaries of the easements granted herein and across said easements, when constructing or installing the
intended improvements. Grantee shall, at its sole expense, replace such fencing, regardless of age or
condition,placing same on the boundary lines as established by survey; fencing running across an easement
so as to block the intended use of said easement, shall be replaced with a metal farm gate installed and
maintained in accordance with applicable laws and regulations in such a manner as to not interfere with
Grantor's right of use.
GRANTOR reserves the right from time to time to relocate the Easement Area for Easement A to
another location within GRANTOR's property; provided, however, that (1) such relocation provides to
GRANTEE substantially the same benefits and use provided by the initial Easement Area and that
GRANTOR notifies GRANTEE in advance of such relocation; (2) any relocation of GRANTEE's utility
facilities shall be at no cost to GRANTEE; and (3) the improvements that are relocated, replaced, or
substituted shall be installed and/or constructed in accordance with all then applicable laws and regulations
and shall be of approximately the same size, capacity, quality, character, and use as existed immediately
prior to such relocation, replacement, or substitution. GRANTOR reserves the right from time to time to
relocate all or part of the Easement Area for Easement B and Easement C to another location within the
GRANTOR's property; provided, however, that GRANTEE shall continue to have reasonable access to
GRANTEE's property notwithstanding such relocation and that GRANTOR notifies GRANTEE in advance
of such relocation. GRANTOR and GRANTEE agree to work collaboratively and to reasonably cooperate
with each other in accommodating any such relocation for the ultimate benefit of both parties.
Up to the maximum limits of GRANTEE's liability in tort pursuant to s. 768.28,Florida Statutes, or
any successor statute thereto, GRANTEE shall indemnify, defend, and hold Grantor harmless from and
against all claims, liabilities, and expenses (including reasonable attorneys' fees) relating to accidents,
injuries, loss, or damage of or to any person or property arising directly from the negligence or intentional
misconduct of GRANTEE or others acting on behalf of GRANTEE in connection with their use of the
Easement Area;provided further,however,the foregoing shall not apply to the extent any claims,liabilities,
and expenses are caused by the negligence, gross negligence or intentional misconduct on the part of the
GRANTOR or others acting on behalf of GRANTOR. GRANTEE and each of its contractors,
subcontractors, consultants, or agents performing any work on behalf of GRANTEE shall procure and
maintain adequate insurance coverage.To the extent any construction lien is recorded against the Easement
Area, or against any of the GRANTOR's parent parcels within which the Easement Area is located, in
connection with the construction or maintenance of the facilities described in this easement, GRANTEE
shall discharge or bond off the same within ten (10) days of notice of such lien.
IN WITNESS WHEREOF, the said GRANTOR has caused this instrument to be executed in its
name by its authorized officer(s) the day and year first above written.
[Signatures Begin Next Page]
X:\Service Availability\Easements&Real Estate\Grant of Easement(Corporation)\Peter Creek Investments LLP.014455.010924.docx
Signed and Sealed in our Presence: GRANTOR:
PETERS CREEK INVESTMENTS, L.L.P.,
a Florida limited liability partnership
By: DEVELOPERS THREE, INC., a Florida
corporation
Witness: By: (Seal)
Print Name: Gerald R. Agresti, President
Address: Address:
Witness:
Print Name:
Address:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of D physical presence or D
online notarization, this day of , 2024, by GERALD R. AGRESTI, as
PRESIDENT of DEVELOPERS THREE, INC., a Florida corporation, as PARTNER of PETERS
CREEK INVESTMENTS,L.L.P., a Florida limited liability partnership, on behalf of such partnership is
who is personally known to me or has produced
, as identification.
Print Name:
Address:
Notary Public in and for the
County and State Aforesaid
My Commission Expires:
Accepted on behalf of the Clay County Utility Authority.
By:
Jeremy D. Johnston, P.E., M.B.A.
Executive Director
X:\Service Availability\Easements&Real Estate\Grant of Easement(Corporation)\Peter Creek Investments LLP.014455.010924.docx
Exhibit "A" MAP SHOWING SKETCH AND LEGAL DESCRIPTION OF
1 of 3 A PART OF SECTION 6,TOWNSHIP 6 SOUTH,RANGE 26 EAST
CLAY COUNTY,FLORIDA
A PORTION OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 26 EAST, CLAY COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEASTERLY CORNER OF SAID SECTION 6, SAID POINT ALSO BEING THE CENTERLINE OF COUNTY ROAD NO. 315 (A VARIABLE
RIGHT—OF—WAY AS PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAPS, SECTION NO. 7105-2601 , DATED 01-02-1963, AS NOW
ESTABLISHED); THENCE SOUTH 89 DEGREES 27 MINUTES 40 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID SECTION 6, A DISTANCE OF
40.00 FEET TO THE WESTERLY RIGHT—OF—WAY LINE OF SAID COUNTY ROAD NO. 315; THENCE NORTH 00 DEGREES 24 MINUTES 19 SECONDS WEST,
ALONG SAID WESTERLY RIGHT—OF—WAY LINE, A DISTANCE OF 3,099.09 FEET TO THE POINT OF BEGINNING. SAID POINT OF BEGINNING BEING SOUTH
00 DEGREES 23 MINUTES 43 SECONDS EAST, 25.00 FEET FROM THE SOUTHEAST CORNER OF A UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORDS
BOOK 3974, PAGE 585, OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA.
FROM THE POINT OF BEGINNING THUS DESCRIBED, THENCE SOUTH 89 DEGREES 35 MINUTES 41 SECONDS WEST, ALONG A LINE 25.00 FEET
PARALLEL WITH AND PERPENDICULAR TO THE SOUTHERLY LINE OF SAID UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 3974, PAGE 585,
38.35 FEET TO A POINT THAT IS 25.00 FEET PERPENDICULAR TO THE SOUTHEASTERLY LINE OF A 25 FOOT UTILITY EASEMENT DESCRIBED IN
OFFICIAL RECORDS BOOK 2354, PAGE 1673; THENCE SOUTH 52 DEGREES 43 MINUTES 42 SECONDS WEST, ALONG A LINE 25.00 FEET PARALLEL
WITH AND PERPENDICULAR TO THE SOUTHEASTERLY LINE OF SAID 25 FOOT UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 2354, PAGE
1673, 1466.18 FEET; THENCE CONTINUING SOUTHERLY ALONG A LINE 25.00 FEET PARALLEL WITH AND PERPENDICULAR TO SAID SOUTHEASTERLY
LINE OF SAID 25 FOOT UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 2354, PAGE 1673, SOUTH 00 DEGREES 24 MINUTES 55 SECONDS
EAST, 2038.92 FEET TO A POINT THAT IS 25.00 FEET PERPENDICULAR TO THE NORTHEASTERLY LINE OF A 25 FOOT UTILITY EASEMENT DESCRIBED
IN OFFICIAL RECORDS BOOK 2465, PAGE 1595; THENCE SOUTH 25 DEGREES 23 MINUTES 49 SECONDS EAST, ALONG A LINE 25.00 FEET PARALLEL
WITH AND PERPENDICULAR TO SAID NORTHEASTERLY LINE OF SAID 25 FOOT UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 2465, PAGE
1595, 202.09 FEET TO THE SOUTHERLY LINE OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 26 EAST; THENCE SOUTH 89 DEGREES 27 MINUTES 40
SECONDS WEST, ALONG LAST SAID SOUTHERLY LINE OF SECTION 6, 27.55 FEET TO THE NORTHEASTER LINE OF SAID UTILITY EASEMENT RECORDED
IN OFFICIAL RECORDS BOOK 2464, PAGE 1595; THENCE NORTH 25 DEGREES 23 MINUTES 49 SECONDS WEST, ALONG THE NORTHEASTERLY LINE OF
SAID UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 2464, PAGE 1595, 196.05 FEET TO THE MOST NORTHERLY CORNER OF SAID UTILITY
EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 2465, PAGE 1595, SAID POINT BEING ON THE EASTERLY LINE OF SAID SAID LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 2354, PAGE 1673; THENCE THE FOLLOWING TWO (2) COURSES ALONG THE EASTERLY AND SOUTHEASTERLY LINES OF SAID
UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 2354, PAGE 1673; COURSE NO.1: NORTH 00 DEGREES 24 MINUTES 55 SECONDS WEST,
2056.96 FEET; COURSE NO.2: NORTH 52 DEGREES 43 MINUTES 42 SECONDS EAST, 1487.02 FEET TO THE SOUTHWESTERLY CORNER OF SAID
UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 3974, PAGE 585; THENCE NORTH 89 DEGREES 35 MINUTES 41 SECONDS EAST, ALONG
THE SOUTHERLY LINE OF SAID UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 3974, PAGE 585, 46.69 FEET TO SAID WESTERLY
RIGHT—OF—WAY LINE OF COUNTY ROAD 315 AND SAID SOUTHEAST CORNER OF A UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 3974,
PAGE 585; THENCE SOUTH 00 DEGREES 23 MINUTES 43 SECONDS EAST, ALONG SAID WESTERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 315, 25.00
FEET TO THE POINT OF BEGINNING.
THE LAND THUS DESCRIBED CONTAINS 2.16 ACRES, MORE OR LESS.
SURVEYOR'S NOTES
1) THIS IS A SKETCH AND DOES NOT PURPORT TO BE A BOUNDARY SURVEY.
2) BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF SECTION 7, TOWNSHIP 6 SOUTH, RANGE
26 EAST, HAVING AN ASSUMED BEARING OF SOUTH 89'27'40" WEST.
3) ALL DIMENSION SHOWN HEREON ARE IN FEET UNLESS OTHERWISE NOTED.
Surveyor's Certification:
I hereby certify that the survey shown hereon meets the standards of practice PROJECT
as set forth by the board of professional surveyors and mappers and contained f LOCATION
in chapter 5j-17 Florida administrative code, pursuant to chapter 472.027 Florida
statutes and that said survey is true and correct to the best of my knowledge� .....us%arrr
and belief as surveyed under my direction. T 4
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Randy L.Tompkins h Stafeor
Florida Professional Surveyor and Mapper(PSM)
No.useu �4i'., Florida
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Scale: 1 inch=3,000 feet