SUB89-04CITY OF CLEARWATER
r - Interdepartment Correspondence Sheet
TO:
FROM: Thomas A. Bustin, City Attorney
COPIES: '
Elizabeth S. Haeseker, Assistant City Manager
SUBJECT:
DATE. Eagle Estates--Potential Suit _ ?e gh?
February 19, 1985
On February 13, 1985, I met with Sandy Safley,representing the
developer of Eagle Estates, and Tom Terpenin& the engineer on '
the development. We discussed various items of concern to the
city.
It appears that the City of Clearwater has some punch-list items
involving storm drainage, has denied one building permit because it
exceeded the permeable lot coverage, and has discovered that the two-
inch water maim was not installed with proper PVC pipe. This infor-
mation somehow became known to two property owners (Jeff Butler and
Mark Rutenberg) who have proceeded to hire an attorney to protect
their property interests. The developer and_engineer are in perfect
understanding of why we denied a building' permit and why we will
require punch-list items for storm drainage to be completed.
The subject of this memo concerns the two-inch water main. Water.
Superintendent Tom Hackett was the fourth person at the meeting
on the 13th and he had in his possession a piece of-the two-inch
main the City accepts and a piece of the.two-inch main installed
by the developer. It was obvious to this untrained eye that the
developers type was not equal to or better than the City specifi-
cation.
W. Salley understood the problem and our need to protect the potable
water system: Mr. Terpening immediately threatened to sue and stated
that he had talked with Max Battle, Jr. about this matter and that I
should be prepared to receive a call from him. (A call was received
that afternoon which I will discuss later:) After I told Mr. Terpen-
ing not to speak of intended litigation or I would have to close
the meeting and have his attorney talk to you, he calmed down and we
discussed the possibilitities and the problems involved in replacing
the pipe. At the conclusion of the meeting, the following was my
understanding of what would be done:
1. The City will continue to issue building permits and construction
meters would-be installed. ?.
2. No certificates of occupancy would be issued for homes along these
two-inch mains until the mains were replaced to our specifications.
(Page 1 of 2)
Thomas A. Bustin'. City Attorney
February 19, 1985
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? i
The developer.would replace the mains.
There was discussion on how these mains could be replaced with-
out damaging the concrete streets and Tom Hackett came up with
some sort of solution that appeared to be acceptable to all
parties. I apologise for not remembering what that solution
is.
That afternoon I received a telephone call from Max Battle, Jr.
from his law firm in Tampa. He indicated to me that he would like
to come to an amicable solution and suggested the following two
alternatives:
1. The developer would guarantee the pipe for an additional
three years. I would not accept that solution.
2. The pipe would be tested and the Court would make a deter-
mination as to its acceptability. I_ would not accept that
solution.
Mr. Battle indicated to me that our specifications were ambiguous
and that he would sue us in Court having his case based on the
ambiguity and lack of specificity. I informed Bill Baker and Tom
Hackett of the ground intended to be used by the potential plaipt!€?f!.s
attorney and the two gentlemen are satisfied that they will be able
to support the City's stand in Court. (For your information, the
specifications were drafted and approved by Max Battle, Sr.)
As an aside, it appears the developer may ask-another engineer to
be in charge of replacing the pipe.
I
CPage 2 of 2)
4
I'CITY OF CLEARWATER
Interdepartment Correspondence
TO: Cyndie Goudeau, City Clerk
.v
FROM: John D. Richter, Development Code Administrator
SUBJECT: Certification of Preliminary Subdivision Plat for the Replat of Lots
22 and 23 Eagle Estates Located on the East Side of Eagle Estates
Circle East,. East of Landmark Drive, Between S.R. 580 and Curlew Road
(SUB 89-04)-:
COPIES: See List Below 't
DATE: July 18, 1989
The Development Review Committee at its meeting of June 8, 1989 approved the
above described final site plan subject to the following conditions:
1. Signs and fencing/walls shall be subject to separate review and permitting
processes.
2. Prior to certification, the preliminary plat shall indicate how sanitary
sewer and water will be provided to the lots.
3. The final plat shall be recorded within 6 months from certification of the
preliminary plat.
Please certify the attached plans subject to the conditions 1 1 and#3 listed
above and distribute.
JDR/SEG/df
cc: James M. Polatty, Jr., Director of Planning & Development RECEIVED
Cecil Henderson, Engineering & Environmental (2)
Ream Wilson, Parks & Recreation Director UL 2 5 1989
Keith Crawford, Traffic Engineer
Victor Chodora, Building Official PLANNING & URBAN
Robert Brumback, Utilities DEVE10pMENT DEPT.
Cyndie Goudeau, City Clerk
Ray Wyland, Zoning.
Developer/Project Sponsor (3) - Please contact for pick-up:
Mr. James D. Warren
P.O. Box 7323
Clearwater, Florida 34618
(I) Mills & Associates
.c. 3222 W. Azeele, Suite C
?` Tampa, FL 33609-3018
JUL, 19 1989
Can: CLERK
Agenda No.
D
t
?- J- Meeti
ng
a
e: August: 7, 198
MEMORANDUM TOO
The City- Commission of the City of Clearwater
SUBJECT: EAGLE ESTATES
RECOMMENDATION:`
Rescind previous action to require the dedication of 60 feet for right-of-way in Eagle
Estates. Subdivision and require the dedication of 50 feet for right-of-way with an
additional 5.feet on either side to be dedicated as an easement for drainage, utili es
and' sidewalks.
2I,And that the appropriate officials be- authorized to execute some.
BACKGROUND:
On April 17, 1986;.the City Commission determined that the roads in Eagle Estates.-
Subdivision could be dedicated to the City if certain conditions were met (see.attached
excerpt from Commission meeting).
With the exception of the requirement to dedicate 60 feet of right-o£-way, all conditions
have been or will be'met.by owners of property in Eagle Estates Subdivision.. On behalf
of the.Eagle Estates Homeowners Association, Gerald A. Figurski has written a-let;,er (copy
attached) outlining the difficulties.in providing.60 feet-of right-of-way. Specifically,
the dedication. of this land. will cause existing homes to be nonconforming because of setback
violations-and will create. difficulties for future homes because of the need to set back an
extra 5 feet.
Affected-departments concur in the recommendation.
Commission Disposition: Follow-up Action:
Submitted by: _ Advertised: 13 Affected Costs: -NSA ®attachments:
K,-.-
°te." Parties Funding-Source: l.Excerpt from
Notified p Capital Imp P 4/17/86 Commissio
City Manager Paper: of Meeting meet Budget meeting.
M Not
Required
?Not Required E Operating Budget 2. Letter from
O' Other
Gerald. A. Figursk
Originating Department: t
d
d. J
l
10
86
Date' & Sequential a
e
u
y
/
R
fe
ADMINISTRATION Appropriation Code
e
rence N/A
12 N
one
s
XI - Other Pending Matters
Item 149 - Dedication of Private Roads - Eagle Estates.
Staff recommends acceptance of these roads only if all of the following
conditions are met: 1) the roads are widened to provide standard paving of 30
feet from curb to curb; 2) all owners must sign the dedication document; 3)
all medians must be removed; 4) the entrance monument must be removed; 5) sixty
feet of right-of-way must be dedicated; 6) all survey costs must-.be borne.by
the residents of Eagle Estates; 7) property owners adjacent to the entrance
road must be informed and understand that maintenance of the sodded right-of-way
will be their responsibility; and 8) standard streetlights and attendant wiring
are installed and street name signs replaced.
Gerald Figurski, President of Eagle Estates Homeowners Association, stated
the Association is eager for the City to accept the private roads. The
developer has agreed to redo the roads to bring them to City standards and all
of the listed conditions will be completed, with the exception of the width
of the road. The City requirement is 30 feet curb to curb; the private roads
in Eagle Estates are 28 feet curb to curb.' Mr. Figurski questioned whether
the lacking 2 feet is crucial to safety, since Pinellas County only requires
28 feet and other municipalities require less than 30 feet. He stated tests
will be done to determine the stabilization of the roads under the curb.
The Public Works Director stated staff believes there is a big difference
between 28 and 30 foot road width. When the tests are done to the subgrade,
and if it is determined the curbs have to be removed, his department would
recommend the roads be widened to conform to the 30 foot requirement.
Ed Mazur, of Eagle Estates, stated moving the curb would be a problem
because of drainage lines and water mains which lie behind the existing curbs.
Discussion ensued regarding removal of the entrance monument and the
possiblity of the Homeowner's Association accepting responsibility for liability
and maintenance of the monument,
Commissioner Regulski moved to accept the 28 foot width streets in Eagle
Estates, providing the bearing value soil and foundation material under the
curb gutters does not require replacement; however, if it does require
replacement, the width of the streets shall be increased to 30 feet. Before
the City accepts the streets, pavement surface is to be reconstructed with an
engineered flexible pavement design based on full evaluation and investigation
of all conditions that create the bearing surface for this pavement, and with
a further stipulation that all other listed conditions be met. Motion was
duly seconded and carried unanimously.
As a point of clarification, the City Manager questioned the intention
of the Homeowner's Association regarding the private entrance road.
Mr. Figurski, the Association's representative, stated it is a 50 foot fee
simple piece of property that the Association intends, also, to become public.
The City Attorney stated the Commission must understand they are accepting
the proposal and not accepting the streets at this time.
Commission recessed from 9:40 - 9:50 p.m.
(Book 38) 39. April 17, 1986
Betty Haesecker
Page Two
July 10, 1986
Estates Homeowners Association, I request you please the matter
on the agenda. If possible, please schedule the matter after
August 4, since I will be out of state until then.
Thank you for your assistance.
RAs ectfu11y, _ A
-dc : Will\iaah? BakLr' City Engineer
Paula Harvey, Planning Director
Jeff Butler
Elaine Webber
David Rothberg
Terry Whaley
Garv Brockman
ML/160
TO: r.
FROM:
COPIES:
r CITY OF CLEARWATER
I nterdepartment Correspondence Sheri,
Lucille Williams, City Clerk
f?JIL,DING
CCU'.". 2'. +?;I ' r
Paula Harvey, Planning Director
See List
f 1 .' r
J
I SUBJECT: Certification of Preliminary Plat/Eagf"k' Estates
r
DATE: October 31, 1984
On October 18, 1984, the City Commission approved the revised
preliminary plat for Eagle Estates subject to the following
conditions:
1. Egress/ingress and water line easements be given as
required by the City;
2. Front building setbacks be measured from the 50 foot'
egress/ingress easement lines;
W 3. Provisiotts for street maintenance assessment be included
W co J in the individual homeowners' deed documents including
maintenance of the entrance road;
Lv U 4. The final plat name the area to be protected as
U "protected marshland" and the language for protection as
W o shown in the deed restrictions be recorded with the
Q. plat;
,. U. 5. The survey line of the protected marshland be verified
"- by the Environmental Division of Public Works prior to
recording the final plat;
6. 'All lots be platted to the center of the private road;
7. Verification be provided to the City that drainage areas
will not be excavated in City property;
8. Payment be made to the City for the easement deed for
the entrance road prior to recording the final plat;,
9. No building permits be issued prior to recording the.;
final plat;
10. The deed restrictions clarify references to
"right-of-way" to state "right-of-way easement" regard-
ing the internal street system;
/11. TheN,f nal ,.p?1;a-ter,b )recorded within six (6) months from
V/
the date?of City Commission approval of the revi`sed`
preliminary plat; and
12. Open space and recreation land assessments be paid prior
to recording the final plat.
Attached are ten (10) copies of the preliminary plat for your
certification and distribution
List
Edward Bethel, Building (2)
Max Battle, Public Works (1)
Cecil Henderson, Utilities (2)
Keith Crawford, Traffic Eng. (1)
Nicholas W. Lewis, Fire Marshal (1)
Paula Harvey, Planning Director (1)
Developer/Project Sponsor (1)
PH/wm
3 35/1,r