Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton, City Attorney
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approval of property transfer transaction - including (1) transfer of drainage retention area to B & W Land Holdings, LLC; (2) reservation of drainage easement; and (3) grant of drainage easement - by Special Warranty Deed, Reservation of Drainage Easement, and Grant of Drainage Easement together with authorization for Council President to execute the same
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
Following discussion and negotiation between City staff and representatives of B & W Land Holdings, LLC (hereinafter B & W), the concept for a property transfer with the reservation of necessary drainage easements was developed wherein the City of Ocala will transfer to B & W that certain drainage retention area (hereinafter DRA) located (see also Attachment 1) on the south side of SW 13th Street, just east of the intersection of SW 37th Avenue (and just east of I-75), identified by the City as WRA 322 and with Marion County Property Appraiser Parcel ID 23459-002-00 (see Attachment 2). In exchange for said DRA property, B & W will grant the City a perpetual easement for the current volume of stormwater that can be accommodated by the DRA. B & W will further expand the capacity of the DRA to accommodate its development on an adjacent parcel.
Together with the foregoing, the City will retain an easement over the DRA which will allow for the conveyance of stormwater, the current capacity of the DRA, and likewise, the City will retain an easement over the property sufficient to allow for the necessary and appropriate maintenance and operation of the City’s wastewater lift station which is located immediately adjacent to the DRA property which is being transferred to B & W.
Based upon the aforementioned discussions, staff from the City’s Engineering, Water Resources, and Real Estate departments and divisions, as well as the City Attorney’s Office, worked with representatives and counsel for B & W to develop the Special Warranty Deed, Reservation of Drainage Easement, and Grant of Drainage Easement (see Attachments 3 and 4) which will effectuate this transaction.
This transaction provides significant benefit to the City in that it will allow for B &W to fully develop its parcel, which is adjacent to the DRA, and it will require that B & W assume the perpetual maintenance responsibility for the DRA, eliminating the City’s responsibility for the same.
FINDINGS AND CONCLUSIONS:
The City Council of the City of Ocala, Florida finds, determines, and concludes that the approval of property transfer transaction - including (1) transfer of drainage retention area to B & W Land Holdings, LLC; (2) reservation of drainage easement; and (3) grant of drainage easement - by Special Warranty Deed, Reservation of Drainage Easement, and Grant of Drainage Easement together with authorization for Council President to execute the same:
• Is intended to and does protect and promote the health, safety, and welfare of the citizens of the City of Ocala, Florida; and
• Is in the best interest of the City of Ocala, Florida, and its citizens.
FISCAL IMPACT:
There is little likelihood for a fiscal impact based upon the approval of this transaction.
The City’s costs for operating and maintaining the DRA, which is being transferred to B & W, will be reduced or eliminated.
The City may also see increased property tax revenue based upon the development by B &W of its adjacent parcel.
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The Special Warranty Deed, Reservation of Drainage Easement, and Grant of Drainage Easement was prepared by counsel for B & W Land Holding, LLC through negotiation with the City Attorney’s Office and has been reviewed and approved as to form and legality by William E. Sexton, City Attorney.
ALTERNATIVE(S):
Approve property transfer transaction - including (1) transfer of drainage retention area to B & W Land Holdings, LLC; (2) reservation of drainage easement; and (3) grant of drainage easement - by Special Warranty Deed, Reservation of Drainage Easement, and Grant of Drainage Easement together with authorization for Council President to execute the same;
Table for consideration at a later date or
Not approve property transfer transaction - including (1) transfer of drainage retention area to B & W Land Holdings, LLC; (2) reservation of drainage easement; and (3) grant of drainage easement - by Special Warranty Deed, Reservation of Drainage Easement, and Grant of Drainage Easement together with authorization for Council President to execute the same.