TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA
TITLE: A Resolution of the City Commission of the City of North Port, Florida, Approving a Temporary Construction Easement Located on a Parcel in Section 34, Township 39 South, Range 20 East, Sarasota County Florida, Sarasota County Property Appraiser Parcel Identification Number 0787-09-0001; Accepting Temporary Construction Easement; Providing for Incorporation of Recitals; Providing for Filing of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date
Recommended Action
Approve Resolution No. 2024-R-65 as presented.
Background Information
Myakka River Resort, LLC, (Myakka) owns property currently served by the City of North Port Utilities Department. Within the Myakka parcel, is a metered connection that serves the Brian L. McMurphy Revocable Trust (McMurphy) property via a branch line connection.
Myakka has requested the disconnection of the line serving the McMurphy property through the court process. The Twelfth Judicial Circuit Court for Sarasota County delivered a final judgement to the City, via Case No. 2020 CA 000723 SC, to disconnect the branch line serving the McMurphy property within six months of judgement.
In order to comply with the judgement, the homeowner of the McMurphy property has agreed to grant to the City and the City desires to accept, a temporary construction easement. This easement will provide the necessary approval to construct and install a new service line to serve the McMurphy property as well as provide access for the disconnection of the branch line between the Myakka and McMurphy properties. This temporary easement will automatically terminate 180 calendar days after the date of execution.
Resolution No. 2024-R-65 has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Infrastructure and Facilities
Financial Impact
N/A
Procurement
N/A
Attachments:
1. Resolution No. 2024-R-65
2. Final Judgement - Case 2020 CA 000723 SC
Prepared by: Michelle Tipp, Utilities Business Manager
Department Director: Nancy Gallinaro, Utilities Director