City of Maitland

Consent Item

Maitland Shores Sidewalk /Utility Easement and Street Light Agreement


Department:Public WorksSponsors:

Financial Impact


Meeting History

May 22, 2017 6:30 PM Media City Council Regular Meeting

Councilman John Lowndes stated that PSREG Maitland Shores is providing the City with a Sidewalk and Utility Easement and a Street Lighting Agreement; however, the easement is not as particular as it should be because the City is also receiving a 16' wide bike easement running north and south along the eastern boundary. He stated, in order to be clear as to what we are receiving, there needs to be a reference to the bicycle easement in the text of the easement; and, the title Sidewalk and Utility Easement needs to be changed to Easement. He also noted for staff to make certain Exhibits A & B reference the proper property descriptions that are given. Additionally, the Street Lighting Agreement is an agreement between the City and the Developer (owner). The Developer is proposing to install upgraded street light poles and fixtures and, per the agreement, the Developer is going to pay the differential cost (rental) between the upgraded and the standard street light poles and fixtures. If the Developer fails to make payment, the City of Maitland will generate a work order to Duke Energy and have them revert the street light poles and fixtures back to standard. The agreement needs to state this reversion will be at the Developer's expense.

The City Manager stated we are not looking at spelling out the widths (of the sidewalk) in the text of the agreement. She then stated the language changes that need to be made to the two agreements: Sidewalk and Utility Easement - delete Sidewalk and Utility from the title allowing the title to be "Easement"; delete Sidewalk and Utility from the first sentence allowing the text to read "This Easement..."; within the first sentence of paragraph 1, add bicycle trail before sidewalk allowing the paragraph to read "Grantor does hereby give, grant, and convey to Grantee, and its assigns, a perpetual non-exclusive bicycle trail, sidewalk and utility easement over, under and across..."; Exhibit A will include the three easements (bicycle, sidewalk and utility); and, Exhibit B, which is the actual legal description of the real property, is missing and needs to be attached. Street Lighting Agreement - add at the owner’s expense and the end of paragraphs 1 and 2.

Mayor McDonald requested public comments. There being no one who wished to be heard, Mayor McDonald closed the public comment period.

A motion was made to authorize the Mayor to execute the Sidewalk/Utility Easement (Easement) and the Street Lighting Agreement, provided by PSREG Maitland Shores Owner, LLC., with the amendments referenced by the City Manager, at this meeting.

MOVER:John P. Lowndes, Councilman
SECONDER:Mike Thomas, Councilman
AYES:Dale McDonald, Joy M. Goff-Marcil, John P. Lowndes, Bev Reponen, Mike Thomas