CITY COUNCIL AGENDA ITEM
Memo Date: March 21, 2024
Agenda Date: April 9, 2024
Prepared By: John A. Walsh, P. E., Utilities Director
Through: Kristin Eick, Assistant City Attorney; Stockton Whitten, City Manager
Requested Action:
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Approve Resolution 2024-034 for Partial Vacation of certain Utility Easements and Approve replacement Utility Easement Agreement between the City of Cocoa, Cirrus Apartments, LLC (Cirrus), and Cocoa Retail LLC (Cocoa Retail)
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BACKGROUND:
Cirrus and Cocoa Retail are the owners of contiguous properties with Parcel IDs 24-36-18-27-*-1 and 24-36-18-27-*-1.01 (the Property). As part of the project Cirrus and Cocoa Retail installed water, sewer, and reclaim lines and appurtenances (Utility Facilities) on the property for which ownership of the utilities is intended to be conveyed to the City of Cocoa. Staff has worked closely with Cirrus and Cocoa Retail and the City Attorney is recommending a non-exclusive easement in perpetuity for the construction, installation, repair, operation, connection to, disconnection from and maintenance of such Utility Facilities, as well as a non-exclusive perpetual easement for ingress and egress across the Property in order to access and use the Utility Easement as provided within the Agreement. In addition, the City of Cocoa already has several Utility Easements, described as follows, on the property, which must be partially vacated due to the new construction. The new Utilities Easement being approved will serve as a replacement and is in the location of the new utility lines being installed for the project. Where the partial vacation of the existing easement is occurring, the existing utility lines are no longer in use.
The following easements are subject to partial vacation as described in the attached documents:
* Reuse, Water Main, and Sanitary Sewer easements dedicated via the Hope Depot Cocoa plat, Plat Book 57, Page 87 of the Official Records of Brevard County
* Force Mai...
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