City of Port St. Lucie header
File #: 2023-536    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/7/2023 In control: City Council
On agenda: 6/26/2023 Final action: 6/26/2023
Title: Resolution 23-R61, Finding that the Acquisition of a Portion of Real Property Described as Lot 35, Block 401, Port St. Lucie Section Six, According to the Plat thereof, as Recorded in Plat Book 12, Page 36, of the Public Records of St. Lucie County, Florida, through Negotiated Conveyance or the City's Eminent Domain Powers, Serves a Public Purpose and is Necessary for the Floresta Drive Improvement Project, and; Authorizing the City Manager and City Attorney, or their Designees, to Acquire via Negotiated Conveyance or Eminent Domain the Subject Parcel and to take All Actions that They Determine are Reasonably Necessary including, but not limited to, Engaging Expert Witnesses and Consultants, to Acquire the Subject Parcel in Fee Simple.
Attachments: 1. Resolution, 2. Exhibit A Sketch & Legal, 3. Location Map, 4. Appraisal, 5. City Manager Approval of Initial Offer

Placement: Resolutions                     

Action Requested: Motion / Vote                     

title

Resolution 23-R61, Finding that the Acquisition of a Portion of Real Property Described as Lot 35, Block 401, Port St. Lucie Section Six, According to the Plat thereof, as Recorded in Plat Book 12, Page 36, of the Public Records of St. Lucie County, Florida, through Negotiated Conveyance or the City’s Eminent Domain Powers, Serves a Public Purpose and is Necessary for the Floresta Drive Improvement Project, and; Authorizing the City Manager and City Attorney, or their Designees, to Acquire via Negotiated Conveyance or Eminent Domain the Subject Parcel and to take All Actions that They Determine are Reasonably Necessary including, but not limited to, Engaging Expert Witnesses and Consultants, to Acquire the Subject Parcel in Fee Simple. 

body

 Submitted By: Frank Knott, Public Works Dept - Manager, Engineering CIP & Support Services

 

Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.

 

Summary Brief (Agreements/Contracts only)

1.                     Prepared by: Frank Knott, Public Works Dept - Manager, Engineering CIP & Support Services

2.                     Parties: City of Port St. Lucie and  Eliah Townsend and Mehali Townsend

3.                     Purpose: Acquisition of a portion of real property located at 592 SE Fallon Drive in Port St. Lucie (“subject parcel”) is required for the Floresta Drive Improvement Project from Southbend Boulevard to Prima Vista Boulevard (the “Project”).

4.                     New/Renewal/Modified: New

5.                     Duration: N/A

6.                     Benefits to Port St. Lucie: The City's Goal of high-quality infrastructure and facilities.

7.                     Cost to Port St. Lucie (Annual and Potential): $5,000.00 plus closing costs and the appraisal.

 

Presentation Information: Staff will be available to answer any questions.

 

Staff Recommendation: Move that the Council approve the Resolution authorizing the acquisition of the subject parcel through negotiated conveyance or the City’s eminent domain powers for the Project.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the Resolution authorizing the acquisition.

2.                     Move that the Council not approve the Resolution authorizing the acquisition and provide staff direction.

 

Background: The City of Port St. Lucie (“City”) adopted a 2012 Comprehensive Plan which, through its “Transportation Element”, identified several roadways that are currently operating below their acceptable Level of Service (method of describing the operating condition of a roadway in relation to the volume of traffic using that roadway) threshold during peak hours, including segments from Floresta Drive.  

 

Improvements to the Floresta Drive corridor are a priority for the City Council and at the 2017 Summer Retreat, Council directed staff to model the corridor from a traffic standpoint for both a 2-lane and 4-lane roadway section. The new modeling was performed, and it included the new Crosstown Parkway Extension Project connection to U.S. Highway 1 at Village Drive, for the projected traffic volumes in the year 2037. The results/recommendations were presented to City Council on October 30, 2017, for consideration. The City Council unanimously passed the motion for the approval of the 2-lane conceptual improvement roadway plan for Floresta Drive. 

 

Public Information workshops were conducted in January and March of 2018 and were well attended. The Master Plans were revised pursuant to public comment and input received. The final decision on the Floresta Drive Corridor Master Plan layout and amenities were approved by the City Council on May 14, 2018.

 

Issues/Analysis: The subject parcel will be used for the construction of a roundabout on Floresta Drive as well as a sidewalk.

                     

Financial Information: On November 6, 2018, the one-half cent sales tax voter referendum was approved and one of the projects included by the City Council on the list of projects to be funded by the new sales tax is the design and construction of the Floresta Drive Corridor from Southbend to Prima Vista Boulevard. The subject parcel appraised at $3,000.00. The City Manager and staff recommend making an initial offer of $5,000.00 to purchase the subject parcel. Acquisition via negotiated conveyance will entail closing costs and acquisition via eminent domain and will include court costs, fees, expenses and potentially attorney’s fee and costs.

 

Special Consideration: If approved by City Council, a letter offering $5,000.00 to purchase the subject parcel via negotiated conveyance will be mailed to the owners, along with a copy of the appraisal, construction plans and copies of relevant Florida Statues regarding eminent domain.

 

Location of Project: The portion of property to be acquired is located at 592 SE Fallon Drive, Port St. Lucie, Florida.

 

Attachments:

1.                     Resolution

2.                     Exhibit A to Resolution - Sketch and Legal Description 

3.                     Location Map

4.                     Appraisal 

5.                     City Manager Approval of Initial Offer

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: 6275

 

Legal Sufficiency Review: 

Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.