title
Perpetual Transportation Easement and Drainage Easement to Alachua County (B)
explanation
The Catholic Diocese of St. Augustine (hereinafter Diocese) is near completion in constructing the St. Francis High School located in the 11500 block of NW 39th Avenue. The Diocese property is adjacent to a portion of the City's electric transmission right-of-way north of NW 39th Avenue. At the onset of the site planning for the new high school, staff negotiated an exchange of property that benefited both the Diocese and the City.
In the negotiated exchange of property, the Diocese granted a Warranty Deed to the City in November, 2003, for a 200' X 200' site for the City's construction of a Power Delivery System (P.D.S.). The acquisition of this site will allow the City to construct a P.D.S. facility in the near future to serve the growing power requirements due to ongoing development in northwest Gainesville. The P.D.S. site is located adjacent to the City transmission right-of-way in the Northeast corner of the Diocese property.
In exchange for the P.D.S. site, the City agreed to grant the property rights necessary for a road to access the Diocese property. It was agreed that the Diocese would construct, at their expense, a road consistent with the Alachua County standards for a residential street with curb and gutter. The road was built along the west 63' of the City owned 150' wide electric transmission right-of-way. Once the road has been completed and passed inspection by Alachua County, the County has agreed to operate and maintain the road upon the granting of a Perpetual Transportation Easement from the City.
In association with the site development for the St. Francis High School and the construction of the access road, the Diocese was required to install underground drainage system facilities to connect to a County drainage inlet at NW 39th Avenue. The drainage facilities which are to be maintained by Alachua County have been designed to cross the City's electric transmission right-of-way diagonally from the NW 39th Avenue right-of-way to the new access road a distance of approximately 26 feet. The County has requested the City to grant a drainage easement to cover these facilities.
Staff has reviewed and recommended the granting of the Perpetual Transportation Easement and a Drainage Easement to Alachua County for this project. The City will retain fee simple title to the electric transmission right-of-way. Further, an indemnification clause has also been incorporated into the easement document protecting and defending the City from all claims or expenses arising out of or relating to the County's utilization of the easement areas for transportation and drainage purposes. There is no fiscal impact to the City for this project.
recommendation
The City Commission: 1) approve the granting of a perpetual transportation easement to Alachua County for transportation purposes across a portion of City of Gainesville electric transmission right-of-way adjacent to property owned by the Catholic Diocese of St. Augustine; and 2) approve the granting of an associated drainage easement to Alachua County for the construction, operation and maintenance of drainage facilities across a portion of the City's electric transmission right-of-way; and 3) authorize the Mayor and Clerk of the Commission to execute the Easements, substantially in the form on file, subject to approval by the City Attorney as to form and legality.
drafter
Prepared by: Patricia A. Moore, Utilities Administrative Services Director
Submitted by: Michael L. Kurtz, General Manager