City of Port St. Lucie header
File #: 2023-932    Version: Name:
Type: Ordinance Status: Passed
File created: 9/28/2023 In control: City Council
On agenda: 11/13/2023 Final action: 11/13/2023
Title: Ordinance 23-73, Public Hearing, Conveying a Utility Easement to Riverland Paseo Park.
Attachments: 1. Ordinance -revised Paseo Park Easement, 2. Riverland Paseo Park - Utility Easement (2023.09.pdf, 3. 2023-07-13 Riverland Paseo Park - UE Exhibit (mf), 4. 2023-07-05_Paseo_Park_-_UE_S&L (2)

Placement: Second Reading of Ordinances / Public Hearing                     

Action Requested: Motion / Vote                     

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Ordinance 23-73, Public Hearing, Conveying a Utility Easement to Riverland Paseo Park.

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 Submitted By: Kelly Boatwright, Parks Administrator-Projects, Parks & Recreation                     

 

Strategic Plan Link: The City's Goal to enjoy culture, nature and fun activities.

 

Summary Brief (Agreements/Contracts only)

1.                     Prepared by: City Attorney’s Office.                     

2.                     Parties: City of Port St. Lucie.

3.                     Purpose: Provide Utilities to Riverland Paseo Park and related amenities.

4.                     New/Renewal/Modified: New.

5.                     Duration: In perpetuity.

6.                     Benefits to Port St. Lucie: The easement is necessary to grant G.L. Homes the right to install infrastructure necessary to provide utility service to the Riverland Paseo Park and related amenities.

7.                     Cost to Port St. Lucie (Annual and Potential): There is no cost for conveying the easement.  The cost of the work performed is encumbered under the Riverland Paseo Park Construction Project agreement with G.L. Homes.

 

Presentation Information: Staff will be available to answer questions.

 

Staff Recommendation: Move that the Council approve the Ordinance authorizing conveyance of an easement for Riverland Paseo Park utilities.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the Ordinance authorizing conveyance of an easement for Riverland Paseo Park utilities.

2.                     Move that the Council not approve the ordinance and provide staff with direction.

 

Background: Riverland/Kennedy, LLC (the “Developer”) owns real property (the “Property”) located within the Riverland/Kennedy Development of Regional Impact (“Riverland DRI”). Both an Annexation Agreement (“SW Annexation Agreement)” and the Riverland DRI contain provisions requiring the Developer to convey certain park and recreational sites to the City within the Property.  Specifically, the Developer is required to convey the City one hundred and forty-one (141) Net Usable Acres of neighborhood and community park sites.  In order to comply with this requirement, the Developer is proposing to convey to the City four (4) park sites within the Property for use by City residents as parks and recreational facilities. 

 

Issues/Analysis: The Developer desires to convey the first of the four (4) park sites to the City (“Park Site 1”).  Park Site 1 is approximately 12.62 acres and located approximately 1 mile south of Discovery Way at the southwest corner of the future Community Blvd. extension and the Riverland Paseo. The Developer is currently in the process of constructing park and recreational facilities upon Park Site 1 in exchange for impact fee credits and park site 4 land reconveyance. Park improvements include a softball field with dugouts, multipurpose fields, fencing and bleachers, a three-compound dog park with water fountains and dog agility stations, restroom facilities, and ancillary support facilities such as sidewalks and paved parking.  Upon completion, the Riverland Neighborhood Park will be the first developed City park west of Interstate 95 and will serve the rapidly growing communities in the southwest area of the City. 

                     

Financial Information: Per the agreement with G.L. Homes dated October 24, 2022, the City will convey site #4 - 30 acres to the developer and the developer will be granted impact fee credits in the amount of $2,354,000.00 to complete the construction of Riverland Paseo Park. 

 

Special Consideration: Upon completion of park construction, the Property and all Park improvements contained therein will be conveyed to the City and will be staffed, operated, and maintained by the City’s Parks and Recreation Department as a “Neighborhood City Park” in accordance with all rules and regulations of City Code Chapter 96.  The park will be operated and maintained using funds allocated to the #001-7210 Parks annual operating budget.

 

Location of Project: Riverland Development DRI, west of Interstate 95

 

Attachments:

1.                     Riverland Paseo Park Utility Easement

2.                     Riverland Paseo Park Utility Exhibit

 

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: Legal intake #23195-06

 

Legal Sufficiency Review: 

Reviewed by Spencer Scott, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.