Officials will consider options for townhouse development easements and look at a resolution to improve sidewalks at the Maitland City Centre.
Park Lake Utility Easement and Hold Harmless Agreements:
Maitland city council will seek the authorization to execute utility easement agreements and release and hold harmless agreements between the city and two Park Lake subdivision developments.
The Park Lake Townhouse development’s private water lines have been maintained and repaired by the city, despite there being no written agreement to do so.
The townhouse developments began in the 1970s and while the original plat included an easement giving the city permission to repair utilities, there was no obligation for the city to do so. In addition, the plats for the following townhouse phases included no easements for legal access. Despite this lack of protection or written agreement, repairs on the lines have continued ever since.
City documents estimate these repairs have costed $173,000 since 1996, the first year on record. The city’s water division discovered the discrepancy in policy in late 2013 and the city’s attorney’s office began drafting language for maintenance agreements and easements for the Park Lake developments in 2014.
As it stands, the city is looking at three possible plans of action:
- The city could continue to repair the lines.
- The city could continue to divest itself from providing services to any water and sewer facilities that aren’t in the public right-of-way.
- The city could continue to provide services but with new agreements for legal access and liability releases as well as charge for the services in fairness to other developments.
The city staff recommends going forward with the third option. Proposed agreements between the city and Park Lake Villas, Inc., and the city and P.L.G. Condominium Association, Inc. have been developed. Additional agreements for other Park Lake developments are underway.
Resolution: Maitland City Centre Sidewalk Improvements
The city will decide tonight to subordinate easement rights to the Florida Department of Transportation for sidewalk improvements along U.S. Highway 17-92 at the Maitland City Centre.
The FDOT has submitted a pair of subordination agreements, titled 801.3 and 801.4, to the city and the Community Redevelopment Agency respectively. Agreement 801.3 requires a resolution, which has had a document provided by the FDOT. Agreement 801.4 needs the subordination of the interest claimed by the CRA and will be submitted in a separate file. The property in question is part of a recorded development agreement between the city, CRA and MCC in November 2015.
City staff has recommended the mayor to authorize the resolution and subordinate agreements.