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Council accepts utility easement and authorizes settlement payment to close property dispute
Summary
The council voted unanimously to accept a recorded utility easement from the DiBiase trust and to direct the finance director to make an $85,000 payment on recording, resolving a longstanding dispute over town pipes and a removed dock. Town attorney said insurance proceeds reduce the net town outlay to about $45,000; the measure resolves code‑en
The Fort Myers Beach Town Council on Sept. 11 accepted a utility easement from the Leo J. DiBiase and Valerie J. DiBiase Revocable Living Trust and authorized a settlement payment to conclude a property dispute.
Town Attorney Nancy told council the signed, executed easement has been received and that acceptance is the next step under a settlement agreement the council approved in April. The easement grants the town a legal right to utility piping and resolves a prior town removal of a dock area that lacked formal documentation, Nancy said.
The council approved a resolution directing the finance director to make an $85,000 payment upon recording of the easement. Nancy and staff noted that insurance proceeds apply against that amount, reducing the town’s net cost to about $45,000. All council members voted to accept the easement and authorize the payment.
Why it matters: the vote resolves a dispute about undocumented town work and clarifies the town’s long‑term utility interests on the parcel; closing the matter reduces ongoing litigation risk and provides clarity for future work in the area.
Ending: Staff said the recorded easement and payment will conclude the settlement and that the town will file the recorded instrument to complete the agreement.
