File #: RES 2022-083    Name: Kessaris Easement and Wastewater Agreement
Type: Resolution Status: Passed
File created: 3/24/2022 In control: City Commission
On agenda: 12/8/2022 Final action: 12/8/2022
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A WASTEWATER (ONLY) AGREEMENT, ATTACHED AS EXHIBIT "1," BETWEEN THE CITY OF COCONUT CREEK, AND DINA T. KESSARIS AND KIRK RICHARDO ROBERTSON, AS PROPERTY OWNERS, FOR DELIVERY OF WASTEWATER SERVICES TO THE PROPERTY LOCATED AT 7301 NW 39 AVENUE, UNINCORPORATED BROWARD COUNTY, FLORIDA 33073; AND ACCEPTING A UTILITY EASEMENT OVER, ACROSS, THROUGH, IN, AND UNDER A PORTION OF SUCH PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "2," IN ORDER TO FACILITATE SUCH SERVICE.
Sponsors: Utilities and Engineering
Indexes: Agreement, Resolution, Utilities and Engineering, Water and Wastewater
Attachments: 1. RESOLUTION 2022-083-Kessaris Easement and Wastewater Agreement, 2. EXHIBIT 1-Kessaris Wastewater Agreement, 3. EXHIBIT 2-Utility Easement, 4. BACKUP-Consent to Easement (Kessaris)
AGENDA ITEM REPORT
TITLE:
title
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A WASTEWATER (ONLY) AGREEMENT, ATTACHED AS EXHIBIT "1," BETWEEN THE CITY OF COCONUT CREEK, AND DINA T. KESSARIS AND KIRK RICHARDO ROBERTSON, AS PROPERTY OWNERS, FOR DELIVERY OF WASTEWATER SERVICES TO THE PROPERTY LOCATED AT 7301 NW 39 AVENUE, UNINCORPORATED BROWARD COUNTY, FLORIDA 33073; AND ACCEPTING A UTILITY EASEMENT OVER, ACROSS, THROUGH, IN, AND UNDER A PORTION OF SUCH PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "2," IN ORDER TO FACILITATE SUCH SERVICE.

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BACKGROUND:
Dina T. Kessaris and Kirk Richardo Robertson (Owners) own the property located at 7301 NW 39 Avenue, Unincorporated Broward County, which is located within the City's water and wastewater service area. In 2016, Broward County (County) issued building permit #1500810 for the development of a single-family residential unit at this property. As part of the building permit, the County authorized the construction of a water well to serve the potable water needs of the property. Per Section 381.00655, Fla. Stat., the Florida Department of Environmental Protection (FDEP) denied the request for a septic tank and required a connection to the City's wastewater services.
At this time, there are no other properties within the City's service area that seek the City's wastewater services only, without the desire to connect to the City's potable water services as well. In order to accommodate the wastewater connection, the provisions of the City's standard Water and Wastewater Agreement have been modified into the Wastewater (only) Agreement to serve this property. Such provisions include the Owner's responsibility pertaining to the installation of the wastewater service connection, the manner and method of payment of Impact Fees, the projected water consumption for billing purposes, and other expenses that may be associated with the work; standards of construction or specifications; unanticipated engin...

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