HomeMy WebLinkAbout10 a. LB 1.13.2026 Letter to CCUA(2654615.1) FISHER T O U S E Y CHRISTENS M. ERTL
Shareholder
Board Certified Condominium
and Planned Development Attorney
780 N.Ponce de Leon Blvd.
St.Augustine,Florida 32084
T:(904)356-2600
E:cme@ishertousey.com
Paralegal:Cindy B.Marsh
E:cbm@fishertousey.com
January 13, 2026
Clay County Utility Authority VIA U.S. FIRST CLASS MAIL AND
c/o: Jeremy Johnston, Executive Director FEDERAL EXPRESS 2-DAY DELIVERY:
Attention: Board of Supervisors 887866621780
3176 Old Jennings Road
Middleburg, Florida 32068 VIA E-MAIL: ijohnstonAclayutility orx
RE: Breach of Easement Causing Damage
Our Client: Glenhaven Homeowners Association, Inc.
Dear Mr. Johnston:
This firm has the pleasure of representing the Glenhaven Homeowners Association, Inc.
("Glenhaven") located in Clay County, Florida. As you should know, Glenhaven is within your
service area boundaries and is located immediately adjacent to the water reclamation facility run
by the Clay County Utility Authority ("CCUA"). As you are aware, CCUA uses an easement
given to CCUA's predecessor in interest by Glenhaven to access its reclamation facility. The
relevant easement can be found at Book 1215, beginning at page 603, the public records of Clay
County, Florida ("Easement"). According to this Easement, CCUA is responsible for paying all
costs of repairing the accessway and any damage caused by CCUA's use. The drainage pipe
damaged by CCUA is located directly beneath the accessway and was caused by CCUA's heavy
trucks, which exceeded the weight limit for the paved accessway constructed by CCUA pursuant
to the Easement.
A couple of years ago Glenhaven discovered that CCUA's trucks damaged the community's
stormwater pipe. In fact, it was CCUA that contacted Glenhaven to alert them to the damage.
Unfortunately, CCUA's kindness and professionalism ended there. CCUA next contacted the St.
Johns River Water Management District ("SJRWMD") in an attempt to force Glenhaven to pay
for the repairs themselves,knowing that this contact would cause the SJRWMD to issue a violation
of the permit and threaten fines if the pipe was not promptly repaired. This action by CCUA was
dirty poker to say the least.
Glenhaven attempted for some time to discuss and negotiate in good faith with CCUA in
an effort to get CCUA to repair the pipe, but CCUA refused, even though it is contractually and
legally obligated. As a result, Glenhaven had to repair the pipe. The cost to repair the damaged
stormwater pipe was $215,000.00. The result of CCUA's breach of the Easement and damage to
Glenhaven's stormwater pipe left the community in dire straits, unable to perform planned
Clay County Utility Authority
January 13, 2026
Page 2
maintenance and necessary upgrades to the community. CCUA's actions and the handling of this
matter have been abhorrent.
Discussions with CCUA to repay Glenhaven and abide by the Easement have failed,
leaving CCUA in breach of the Easement and this matter ripe for litigation. The purpose of this
letter is to make one final demand for CCUA to abide by the Easement and repay Glenhaven for
the cost to repair the stormwater pipe before litigation is the only remedy.
Please direct all communication regarding this matter to my attention.
Sincerely,
(2
Christens . Ertl
CME/cbm
Copy to Client(E-Mail Only)