HomeMy WebLinkAbout08.g Easement Agreement. Reinhold Corp EXECUTIVE SUMMARY
AGENDA ITEM:
Request for consideration and approval of the proposed Easement Agreement with Reinhold
Corporation for the utility transmission main extensions north of State Road 16 and North of
Rosemary Hill Road 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 State Road 16
extending to North of Rosemary Hill Road associated with the Peters Creek and Governor's Park
Plant Projects.
Staff requested an easement from Reinhold Corporation across their property north of State Road
16 and North of Rosemary Hill Road, as shown on the attached map, to accommodate 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) the following: 3.508 acres of
permanent easements,3.056 acres of temporary construction easements and converting 0.703 acres
of existing temporary easements to permanent easements across their property, in exchange for a
land value credit towards connection fees/charges totaling $427,982.40 or 72 Equivalent
Residential Connections(ERC).This is equivalent to$0.74 per square foot for the 316,551 blended
square foot of requested easements.
Staff believes this is a reasonable request and value per square foot, consistent with other
easements we have purchased. This easement is vital in order 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 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: 111L SAIFIM 88,344,258.08
Funds were budgeted for land acquisition as shown in the table above. The compensation for
this transaction will be made in the form of credits for Equivalent Residential Connection fee
credits available to Reinhold Corporation.
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
Reinhold Corporation
1845 Town Center Boulevard, Suite 105
Fleming Island, Florida 32003
Re: Parcel No. 07-06-26-015251-000-00 — Request for your consideration in granting
easements to the Clay County Utility Authority (CCUA) to accommodate utility
extensions north of State Road 16 and north of Rosemary Hill Road, Green Cove
Springs, Clay County, Florida.
Dear Mr. Egan:
CCUA plans to extend utility infrastructure across Reinhold Corporation's property north
of State Road 16 at Chesser Road north to a point just north of Rosemary Hill Rd. To
accommodate the extension of these mains, CCUA requests 3.508 acres of permanent
easement, 3.056 acres of temporary construction easements and conversion of 0.703
acres of existing temporary easement to permanent easements across your property at
the locations shown on the attached map. In return for granting CCUA the easements,
CCUA would propose a land value credit toward connection fees/charges (inclusive of all
capacity, supply, impact, cost recovery charges for water, wastewater, and reclaimed) for
72 ERC's, 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.
Please contact Melisa Blaney at (904) 213-2420 if you have any questions or require any
additional information.
Very truly yours, --� Accepted by:
C AY COU Y ILITY THORITY REINHOLD CORPORATION
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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.: 07-06-26-015251-000-00
Project Name: Peters Creek Pipeline
Interconnect to Governors Park
THIS INDENTURE, made this day of ,A.D.2024,BETWEEN
REINHOLD CORPORATION, a Florida corporation, 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:\Servioe Availability\Easements&Real Estate Grant of Easement(Corporation)\Reinhold Corp.015251.010924.doox
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:\Servioe Availability\Easements&Real Estate Grant of Easement(Corporation)\Reinhold Corp.015251.010924.doox
Signed and Sealed in our Presence: GRANTOR:
REINHOLD CORPORATION,a Florida corporation.,
Witness: By: (Seal)
Print Name: George M. Egan, President
Address: Address:
Witness:
Print Name:
Address:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of , 2024, by GEORGE M. EGAN, as
PRESIDENT of REINHOLD CORPORATION., a Florida corporation,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:\Servioe Availability\Easements&Real Estate\Grant of Easement(Corporation)\Reinhold Corp.015251.010924.doox
EXHIBIT "A"
(Note:Prior to recording of this easement document, this Exhibit "A"page is to be replaced
by an official legal description and drawing prepared by GRANTEE'S surveyor, at
GRANTEE'S expense, that covers the same area of property shown on the attached sketch.)
X:\Servioe Availability\Easements&Real Estate\Grant of Easement(Corporation)\Reinhold Corp.015251.010924.doox
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. Middleburg,
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Phone(904)272-5999
Vicinity Map
Scale: 1 inch=3,000 feet