Subject:
Title
Approval of Written Consent to Easement in Connection with the City of Cocoa Granting a Utility Easement to Florida Power & Light Company for Underground Electric Utility Facilities in Lee Wenner Park
End
Fiscal Impact:
None
Dept/Office:
Parks & Recreation Department / County Attorney’s Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve and authorize the Chair to execute the attached Consent to Easements.
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Summary Explanation and Background:
On July 25, 2017, the Board of County Commissioners conveyed by County Deed to the City of Cocoa the property known as Lee Wenner Park (the “Park”). As part of the County Deed, the County and the City entered into an interlocal agreement which contained a restrictive covenant running with the land prohibiting the City from using the Property for uses other than for municipal and recreational purposes without the consent of the County. The County Deed reserved a perpetual, non-exclusive access and maintenance easement on, over and through the Park for the purposes of accessing, installing, maintaining, and/or repairing the pier at the Park. In case the City does not use the Park for its intended purposes, the Park would revert to the County.
The City of Cocoa desires to convey a permanent utility easement and a temporary construction easement to Florida Power & Light Company (“FPL”) to construct underground electric utility communications facilities across the Park. The proposed easement is in the same area as an easement to Florida City Gas, which easement the Board consented to at its December 19, 2023. The proposed FPL easement does not affect the access and maintenance easement reserved in the County Deed. The Parks and Recreation Department does not object to the City granting the requested easement. In order to allow the FPL easements and uses, it is requested that the Board approve and authorize the Chair to execute the attached Consent to Easements
Clerk to the Board Instructions:
Upon execution by the Chair, please provide the original executed Consent to Easement to the County Attorney’s Office along with a copy of the Clerk’s Memorandum.