SUBJECT
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Approve Temporary Construction License and Permanent Drainage Easement Agreement between Polk County and Horst G. Max and Richard A. Espie and Amanda R. Espie in conjunction with drainage improvements along Peninsular Drive. ($40,000 one-time expense).
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DESCRIPTION
The County was contacted regarding flood concerns on, and around, Peninsular Drive in the Christina area. An investigation into the matter revealed that a portion of a drainage pipeline running from an inlet along the north side of the roadway to an outfall area known as Clark Lake is failing, not functioning properly and in need of replacement. The drainage pipeline is located along the common boundary of Lots 428 and 429 of the plat of Christina Woods Phase 9, Unit 3 as recorded in Plat Book 76, at Page 50; however, there is no drainage easement established by the plat in this location. Additional research revealed that no drainage easements could be located for the area over the drainage pipeline. County staff contacted the owners of the properties, Horst G. Max and Richard and Amanda Espie, regarding the drainage pipeline and requested an easement in order to make the repairs and to accommodate the future operation and maintenance of the pipeline. The owners had concerns with the proposed easements as they have been occupying the areas over the pipeline, in conjunction with their properties, for many years with various landscaping as well as a knee wall along the common boundary. Ongoing and extensive discussions with the property owners have resulted in an agreement wherein the owners agreed to grant a perpetual easement to the County measuring 15-feet wide (7.5-feet on each property) along with a temporary construction license from Peninsular Drive over Lot 429 in the rear of the residence in order to access the portion of the pipeline being replaced. As part of the proposed agreement the County agrees to pay the owners the amount of $20,000 apiece for the permanent easement which includes compensation for the loss of the landscaping/wall and future restoration costs of the easement area. The County would only be responsible to repair or replace landscaping, fencing, sod and etcetera in the temporary license area which are damaged or removed as a result of the construction of the improvements.
The County Attorney’s Office and the Real Estate Services Director have reviewed the agreement and recommended approval. Approving the Temporary Construction License and Permanent Drainage Easement Agreement and authorizing the issuance of checks for the purchase will allow the County to acquire the easement needed for the drainage improvement project as well as the easement needed for the operation and future maintenance of the drainage pipeline.
RECOMMENDATION
Request Board approve the aforementioned Temporary Construction License and Permanent Drainage Easement Agreement and authorize the issuance of funds in the amount of $20,000 to Horst G. Max and in the amount of $20,000 to Richard and Amanda Espie for a total amount of $40,000 for the easement agreement.
FISCAL IMPACT
Funds are budgeted and available in the Transportation Millage Fund.
CONTACT INFORMATION
Scott Lowery, Director
Real Estate Services
863-534-2578