City of Port St. Lucie header
File #: 2019-700    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 7/9/2019 In control: City Council
On agenda: 7/22/2019 Final action: 7/22/2019
Title: Ordinance 19-44, An Ordinance Providing for the Abandonment of a Portion of a 20-Foot Utility and Drainage Easement Affecting Lot 9, Block 2244, Port St. Lucie Section Thirty-Three, Recorded in Plat Book 15, Page(s) 1, 1A through 1V, of the Public Records of St. Lucie County, Florida; Providing for Conflict; Providing for Severability; and Providing an Effective Date.
Attachments: 1. Legal Memo, 2. Ordinance, 3. Exh A to Ord - Survey, 4. Location Map

Placement: Second Reading of Ordinances / Public Hearing                     

Action Requested: Motion / Vote                     

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Ordinance 19-44, An Ordinance Providing for the Abandonment of a Portion of a 20-Foot Utility and Drainage Easement Affecting Lot 9, Block 2244, Port St. Lucie Section Thirty-Three, Recorded in Plat Book 15, Page(s) 1, 1A through 1V, of the Public Records of St. Lucie County, Florida; Providing for Conflict; Providing for Severability; and Providing an Effective Date. 

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Submitted By: Clyde Cuffy, E.I., Public Works Department

 

Strategic Plan Link: The City’s Mission to be responsive to our community.

 

Executive Summary (General Business): The owners of 4225 SW Kazan Street are requesting to abandon 10 feet of the existing 20-foot wide rear drainage and utility easement so that the owners can construct a swimming pool and pool deck.

 

Presentation Information: N/A

 

Staff Recommendation: Move that the Council approve to abandon 10 feet of the rear 20-foot drainage and utility easement located at 4225 SW Kazan Street.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the Abandonment of Easement.

2.                     Move that the Council not approve the Abandonment of Easement and provide staff direction.

 

Background: The property located at 4225 SW Kazan Street was platted with a rear 20-foot wide drainage and utility easement. The owners desire to construct a pool and pool deck ten feet into the 20-foot easement. Prior to construction of the pool, a 10-foot wide portion of the easement will need to be abandoned. The owners of the property have submitted a request for the abandonment to the City.

 

Issues/Analysis: The request to abandon a portion of the easement was evaluated by the Public Works Department, Utility Systems Department, and the Public Utility Companies (AT&T, FPL, Comcast, and Florida City Gas). The City Departments and Utility Companies have no objection to the abandonment of ten feet of the 20-foot rear easement at 4225 SW Kazan Street.

                     

Financial Information: There will be no cost incurred by the City.

 

Special Consideration: N/A

 

Location of Project: The property is located at 4225 SW Kazan Street.

 

Attachments:

                     Staff Memo from the City Attorney’s Office to Public Works.

                     Ordinance with Exhibit “A” (Sketch and Legal Description).

                     Location Map

 

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.

 

Legal Sufficiency Review: 

Approved as to Legal form and sufficiency by James D. Stokes, City Attorney. (Reference Legistar database for authorizing City Attorney representative.)