CITY OF ORLANDO
COUNCIL AGENDA ITEM

Items Types:
Public Works 		For Meeting of:
April 18, 2016
District: 5 From:
Contract ID: Document Number:
Exhibits: Yes On File (City Clerk) : Yes Draft Only: No
Grant Received by City?: No
Subject:
Nashville Alley Restrictive Covenant
Summary:
The City of Orlando is the owner (by way of Plat dedication) of an approximate 270-foot long, 20-foot wide alley located between Nashville Avenue on the west and Norton Avenue on the east, known as Nashville Alley. The City of Orlando engaged a contractor to install a 3-foot diameter concrete stormwater pipe in the alley in April 2010.  In preparation of the utility work and associated dewatering activities, the City of Orlando contracted an environmental consultant to collect soil and groundwater samples for laboratory analysis, which identified volatile organic compounds (VOCs) in the soil and groundwater at concentrations above Chapter 62-777, Florida Administrative Code (FAC) cleanup target levels.  Due to the proximity of utilities and nearby structures (which makes additional excavation impractical), and the relatively low levels of contamination in this area, the FDEP has agreed to allow the residual contamination to remain in place if certain restrictions on the use of the property are implemented by a restrictive covenant.  Both the City’s Public Works Department and the FDEP have reviewed and approved the restrictive covenant, which includes a permanent impervious (asphalt) cap over the alley, thereby eliminating exposure to the public.  There are no plans to do any excavation or install any additional infrastructure in this right of way subject to the restrictive covenant and, even if that becomes necessary in the future, Public Works has no objection complying with the requirements of the covenant.  The City will be responsible for recording the covenant. 
Fiscal & Efficiency Data:

There is no financial impact to the City.  
Recommended Action:
Approval of the attached Declaration of Restrictive Covenant which has been reviewed by the Director of Public Works, the FDEP and the City Attorney’s Office.
Agenda Item attachment(s) on file in the City Clerks Office.
Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting.
Contact: Rick Howard, Public Works; David Bass, Attorney's Office
Approved By:

Department Date and Time
Planning and Environmental Attorney 4/6/2016 11:58 AM
Budget Outside Routing Approval 4/8/2016 1:21 PM
City Clerk 4/8/2016 1:35 PM
ATTACHMENTS:
Name: Description: Type:
Nashville_Alley_RC_April_2016.pdf Nashville Restrictive Covenant Backup Material
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