TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the First Amendment to Drainage Easement Agreement Between the North Port Road and Drainage District and AdventHealth Port Charlotte, Inc. Amending the Location of the Drainage Easement at 16101 Tamiami Trail, North Port, Florida 34287, Parcel Identification Number 1002001090.
Recommended Action
Option 1: Approve the First Amendment to Drainage Easement Agreement between the North Port Road and Drainage District and AdventHealth Port Charlotte, Inc. amending the location of the drainage easement at 16101 Tamiami Trail, North Port, Florida 34287, Parcel Identification Number 1002001090.
City Commission Options
Option 1: Approve the First Amendment to Drainage Easement Agreement between the North Port Road and Drainage District and AdventHealth Port Charlotte, Inc. amending the location of the drainage easement at 16101 Tamiami Trail, North Port, Florida 34287, Parcel Identification Number 1002001090.
• Pros: Aligns the recorded drainage easement with the actual location of the existing drainage ditch and infrastructure on the property. This correction ensures the City has proper legal access for inspection, maintenance, and future repairs, and helps prevent potential disputes or complications related to easement boundaries.
• Cons: Amending and rerecording the easement requires administrative processing and coordination with the property owner and could prompt questions or additional review regarding the original easement documentation.
Option 2: Deny the First Amendment to Drainage Easement Agreement between the North Port Road and Drainage District and AdventHealth Port Charlotte, Inc. amending the location of the drainage easement at 16101 Tamiami Trail, North Port, Florida 34287, Parcel Identification Number 1002001090.
• Pros: No immediate administrative action is required, and the existing recorded Agreement would remain unchanged.
• Cons: The recorded easement would continue to reflect a location that does not match the existing drainage infrastructure, which could create legal uncertainty, complicate maintenance access, or increase the risk of disputes with the property owner in the future.
Background Information
During the City Commission Regular Meeting held on October 23, 2018, the City Commission approved the Agreement between MQ CocoPlum LLC and the City of North Port Road and Drainage District for the drainage easement defined, adding to section six new language "that within 60 days of receiving the Grantor's invoice,” adding language that attorney fees and costs will be paid for by the prevailing party, and removing the last sentence from item ten.
On November 1, 2018, the parties entered into a Drainage Easement Agreement for a permanent non-exclusive drainage easement located at 16101 Tamiami Trail, North Port, Florida 34287, Parcel Identification Number 1002001090. The Agreement was recorded on December 6, 2018, in the Official Records of the Clerk of the Circuit Court for Sarasota County, Florida, as Instrument No. 2018158549 (the “Original Agreement”).
It has since been determined that the location of the drainage easement described in the Original Agreement does not align with the existing drainage ditch and related infrastructure currently located on the property. The proposed Amendment to the Agreement updates the easement description to accurately reflect the location of the drainage facilities already in place.
Approval of the Amendment will ensure that the recorded easement aligns with the existing drainage improvements and provides appropriate legal access for inspection, maintenance, and future drainage-related activities.
The First Amendment to Drainage Easement Agreement Between the North Port Road and Drainage District and AdventHealth Port Charlotte, Inc. Amending the Location of the Drainage Easement at 16101 Tamiami Trail, North Port, Florida 34287, Parcel Identification Number 1002001090 has been reviewed by the City Attorney and is legally correct as to form.
The First Amendment to Drainage Easement Agreement Between the North Port Road and Drainage District and AdventHealth Port Charlotte, Inc. Amending the Location of the Drainage Easement at 16101 Tamiami Trail, North Port, Florida 34287, Parcel Identification Number 1002001090 was submitted to the City Clerk’s Office, on March 31, 2026, for signature, subject to City Commission approval.
Strategic Plan Pillar
Infrastructure & Facilities Integrity
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. First Amendment
2. Original Drainage Easement Agreement
3. Easement Drawing
4. Map
Prepared by: Chelsea Buell, Administrative Services Specialist
Department Director: Chuck Speake, Public Works Director