CITY MANAGER MEMORANDUM

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CITY MANAGER MEMORANDUM To: The Honorable Mayor Kelley and City Commissioners Through: Joyce A. Shanahan, City Manager From: Ric Goss, AICP, Planning Director Date: February 21 2012 Subject: Acceptance of Olive Grove (Lot 2) water utility and access easement Introduction This is a request to accept a utility and access easement from Olive Grove Apartments Limited Partnership for water service at the Olive Grove Planned Business Development project at 765 West Granada Boulevard. Background On September 21, 2010, the City Commission approved Ordinance 2010-44 authorizing the Olive Grove development consisting of the following development: Lot 1 2 Owner Arian Development, LLC Olive Grove Apartments Limited Partnership Development Approval Bank/office professional building of approximately 12,200 square feet 88 unit multi-family development with four principal buildings Status Vacant Certificate of Occupancy issued. Project complete. Discussion As part of the construction of the 88 unit multi-family development on lot 2, certain improvements were made to the water service within the project's boundaries along Granada Boulevard. The proposed easement allows City staff to access and perform maintenance or repair, if necessary. Budget Impact There is no budget impact. Recommendation It is recommended that the City Commission ACCEPT the attached utility and access easement for water service on lot 2 of the Olive Grove Planned Business Development project at 765 West Granada Boulevard.

ATTACHMENTS: Name: 12-018A1_R_E_-_OLIVE_GROVE_PBD_- _ACCEPT EASEMENT_FROM_OLIVE_GROVE_APTS_WATER ACCESS_P12-0029G.pdf Description: Resolution No. 2012-18 - Acceptance of Olive Grove (Lot 2) water utility and access easement

RESOLUTION NO. 2012-18 A RESOLUTION AUTHORIZING THE ACCEPTANCE AND RECORDATION OF A UTILITY AND ACCESS EASEMENT DEED FROM OLIVE GROVE APARTMENTS LIMITED PARTNERSHIP REGARDING THE OLIVE GROVE PLANNED BUSINESS DEVELOPMENT LOCATED AT 765 WEST GRANADA BOULEVARD; AND SETTING FORTH AN EFFECTIVE DATE. WHEREAS, as part of the approved development order for the Olive Grove PBD (Planned Business Development), (the Project ) the developer is required to provide water service for the Project, and WHEREAS, the City staff recommends acceptance of the proposed easement which will allow access to perform maintenance or repair to the system, WHEREAS, the City Commission concurs with the said recommendation, and finds that a utility and access easement for the stated purpose is in the best interest of the health, welfare and safety of the general public, now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ORMOND BEACH, FLORIDA, THAT: SECTION ONE. The City Commission hereby accepts that Utility and Access Easement Deed from Olive Grove Apartments Limited Partnership, a Florida limited partnership, on property located at 765 West Granada Boulevard, Ormond Beach, Volusia County, Florida, a copy of which Utility and Access Easement Deed is attached hereto as Exhibit A and incorporated herein by reference. S:\CITY COMMISSION ITEMS\RESOLUTION\2012\02-21-12\2012-18 OLIVE - WATER\12-018A1 - OLIVE GROVE PBD - ACCEPT EASEMENT FROM OLIVE GROVE APTS WATER & ACCESS P12-0029G.DOC/2/14/2012 3:23:16 PM -1-

SECTION TWO. A certified copy of this Resolution, and the executed original Utility and Access Easement Deed, shall be recorded in the public records of Volusia County, Florida at the expense of the Olive Grove Apartments Limited Partnership. SECTION THREE. This Resolution shall take effect immediately upon its adoption. APPROVED AND AUTHENTICATED this 21st day of February, 2012. ATTEST: ED KELLEY Mayor JOSHUA FRUECHT City Clerk S:\CITY COMMISSION ITEMS\RESOLUTION\2012\02-21-12\2012-18 OLIVE - WATER\12-018A1 - OLIVE GROVE PBD - ACCEPT EASEMENT FROM OLIVE GROVE APTS WATER & ACCESS P12-0029G.DOC/2/14/2012 3:23:16 PM -2-