CITY COUNCIL AGENDA ITEM
Memo Date: March 20, 2024
Agenda Date: March 26, 2024
Prepared By: Anthony Garganese, City Attorney
Through:
Requested Action:
title
Approve an Interlocal Agreement transferring to the City of Cocoa the road right-of-way, maintenance, and associated functional responsibilities for James Road west of Friday Road to I-95. End
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BACKGROUND:
The developer for the Windward Preserve subdivision, located within the City of Cocoa at the southeastern intersection of I-95 and S.R. 528, applied to Brevard County for a permit to construct an extension of James Road within the portion of right-of-way from Friday Road to I-95 (the “James Road Segment”). The proposed extension will provide access to the Windward Preserve subdivision. This access is consistent with the Stipulated Settlement Agreement entered into by the County, the City of Cocoa, and the current developer’s predecessor-in-interest on December 11, 2007.
Most of the James Road Segment right-of-way was previously annexed into the City of Cocoa, and the James Road extension will primarily benefit development within the City of Cocoa. For these reasons, staff for the County and the City agree that the City should be responsible for the operation and maintenance of improvements within the James Road Segment. Upon transfer, however, the City and the recently created Winward Preserve Community Development District will enter into an Interlocal Agreement under which the CDD will be responsible for the future operation and maintenance of the improvements that will be constructed by the developer for the project.
The proposed Interlocal Agreement between the County and the City of Cocoa assigns and transfers to the City the right-of-way easement rights of the County, as well as jurisdiction over and full functional responsibility for the James Road Segment. The City’s maintenance and functional responsibilities include the road extension, associated roadway drainage facilities, and other allied uses (e.g., utility lines, sidewalks, curbs and inlets, guardrails, landscaping, etc.).
This transfer does not include the 50’ drainage easement and the existing ditch located south of the James Road segment. The Interlocal Agreement reserves to the County a perpetual easement for the use of the James Road segment to access and maintain this important County ditch. The Interlocal Agreement also reserves to the County the ability to issue discharge permits for the drainage facility. The Interlocal Agreement does not itself permit any discharge into the County drainage facility, whether related to the proposed improvements in the James Road Segment or otherwise.
The Interlocal Agreement requires that the James Road Segment be used as a right-of-way for public highway purposes, and the County Deed transferring the right-of-way contains a corresponding reverter clause.
The James Road extension will be constructed in accordance with County standards and pursuant to a County-issued right-of-way permit. Traffic calming measures required under the 2007 Stipulated Settlement Agreement will be addressed in a separate County permit.
STRATEGIC PLAN CONNECTION:
BUDGETARY IMPACT:
Upon acceptance of the James Road Extension by the City, the intent is for the Winward Preserve Community Development District to be responsible for the operation and maintenance of the future improvements to the James Road Extension.
PREVIOUS ACTION:
Several months ago the City Council approved the Winward Preserve Project with conditions which included the permitting and conveyance of the James Road Extension to serve the project.
RECOMMENDED MOTION:
Recommendation
Approve an Interlocal Agreement transferring to the City of Cocoa the road right-of-way, maintenance, and associated functional responsibilities for James Road west of Friday Road to I-95.