TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: A Resolution of the City Commission of the City of North Port, Florida, Accepting a Non-Exclusive Permanent Access Utility Easement Located on a Portion of the Parcel Lying in Section 8, Township 39 South, Range 22 East, Sarasota County Florida, Property Appraiser Parcel Identification Number 1092-00-4000; Providing for Incorporation of Recitals; Providing for the Filing of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
Recommended Action
Option 1: Adopt Resolution No. 2026-R-79 as presented.
City Commission Options
Option 1: Adopt Resolution No. 2026-R-79 as presented.
• Pros: Provides permanent access and utility easement rights for installation, maintenance, repair, and use of a water main and related facilities.
• Cons: Commits the City to the agreement’s maintenance, restoration, and insurance obligations.
Option 2: Deny Resolution No. 2026-R-79.
• Pros: Avoids assuming the maintenance, restoration, and insurance obligations under this agreement.
• Cons: The City would not acquire the proposed permanent access and utility easement rights through this agreement.
Background Information
Resolution No. 2026-R-79 approves and accepts the Access and Utility Easement Agreement, attached as Exhibit A, granting a non-exclusive, permanent easement over a portion of Sarasota County Property Appraiser Parcel Identification Number 1092-00-4000, located in Section 8, Township 39 South, Range 22 East.
Forestar (USA) Real Estate Group, Inc., will install a water main that traverses Sarasota County School Board property and crosses beneath Interstate 75 to provide water service to the developer’s property for future development. The easement area is legally described in Exhibit B to the agreement and accommodates the City’s immediate or future utility needs. The conveyance is limited to easement rights and does not transfer fee-simple ownership of the underlying property.
Under the agreement, the City is responsible for maintaining the utility facilities and easement area at its sole cost and expense. The City must also provide reasonable advance written notice before entering the property for non-emergency purposes, obtain the Grantor’s approval of facility locations, and restore any damage resulting from the exercise of its easement rights.
Upon adoption, Resolution No. 2026-R-79 will take effect immediately. The resolution directs the City Clerk to record a certified copy of the resolution and the fully executed easement agreement with the Sarasota County Clerk of the Circuit Court. The developer is responsible for reimbursing the City for all recording fees.
Resolution No. 2026-R-79 has been reviewed by the City Attorney and is legally correct as to form.
Resolution No. 2026-R-79 was submitted to the City Clerk's Office on October 19, 2026, for signature, subject to City Commission approval.
Strategic Plan Pillar
Infrastructure & Facilities Integrity
Financial Impact
This agreement does not result in any direct or immediate expenses related to insurance coverage or to the maintenance and restoration of utility infrastructure. In the event the developer installs utility infrastructure and conveys the assets to the City through a development agreement, the City would then be financially responsible for the maintenance and restoration of utility assets and proper insurance coverage. The operational costs associated with maintenance and restoration would become a component of the utility revenue funds (420) rate structure, and the insurance coverage would be absorbed into the City’s self-insurance risk fund (530).
Procurement
Not applicable.
Attachments:
1. Resolution
Prepared by: Michelle Tipp, Senior Business Manager
Amanda Maietta, Administrative Service Specialist
Department Director: Michael Vuolo, Acting Utilities Director