Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 21-24, Public Hearing, Authorizing the Conveyance of Previously Designated Road Right-of-Way for Paar Drive, from Village Parkway to Interstate 95, to the Port St. Lucie Governmental Finance Corporation.
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Submitted By: Wes McCurry, Community Redevelopment Agency Director
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): The recently completed Southern Grove Master Plan recommended the relocation of the Paar Drive right-of-way, from Village Parkway to Interstate 95, to accommodate the recommended land plan. A right-of-way swap between the City of Port St. Lucie (City) and the Port St. Lucie Governmental Finance Corporation (GFC) is proposed for this segment of Paar Drive. The deeding of the original and new Paar Drive right-of-way is proposed to occur concurrently.
Presentation Information: Staff will provide a brief presentation, if needed.
Staff Recommendation: Move that the Council approve the Ordinance as presented.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance.
2. Move that the Council provide staff further direction.
Background: The Southwest Annexation Agreement (SWAA) required each Developer to convey rights-of-way to the City for the road network illustrated in Exhibit H of the SWAA. The SWAA also allows for the relocation of such road rights-of-way in the event the alignment of any such roadways changes such that any of the conveyances made by the Developer is not in the proper location. The SWAA provides that the Developer shall promptly convey to the City all necessary right-of-way over its property corresponding to the final alignment of such roadway, and simultaneously therewith, the City, at no cost to the Developer, shall promptly re-convey to the Developer any right-of-way previously conveyed by the Developer which lies outside the final alignment of such roadway. The SWAA further provides that the Developer may restrict such road right-of-way conveyed for road, stormwater and utility purposes only. Horizons Acquisition 5, LLC (HA5), a wholly owned subsidiary of Core Communities, LLC (Core), previously conveyed the Southern Grove road rights-of-way to the City via Special Warranty Deed (ORB 2899, PG 2933) with a restriction that such road rights-of-way only be used for road, stormwater and utility purposes pursuant to the requirements of the Southwest Annexation Agreement.
The recently completed Southern Grove Master Plan recommended the relocation of the Paar Drive right-of-way to accommodate the recommended land plan for Legacy Park at Tradition, proposed for development by Sansone Group. The City’s Comprehensive Plan and the Southern Grove Development Order were recently amended to reflect the re-alignment of Paar Drive via Ordinance 20-56 and Resolution 21-R05 respectively.
Mattamy Palm Beach, LLC (MPB), as successor in interest to HA5, has agreed to release the
restriction that such road rights-of-way only be used for road, stormwater and utility purposes. A copy of the executed release of restriction is attached and shall be recorded prior to the conveyance authorized in this proposed Ordinance.
The proposed Quit Claim Deed together with the exhibit of the legal description of the previously conveyed road right of way, is attached as Exhibit "A” to the Ordinance. The proposed deed shall serve to relinquish the City’s ownership interest in the above-described right of way by conveying such to the Port St. Lucie Governmental Finance Corporation. The Port St. Lucie Governmental Finance Corporation (GFC) proposes to, in turn, authorize the conveyance of the re-aligned Paar Dr right-of-way to the City upon approval of a Resolution at a GFC Board meeting to be scheduled prior to the 2nd reading of this ordinance.
Issues/Analysis: N/A.
Financial Information: N/A
Special Consideration: Action concurrent with the Port St. Lucie Governmental Finance Corporation’s re-conveyance of right-of-way for Paar Drive along the new alignment consistent with the City’s Comprehensive Plan and Southern Grove DRI Map H.
Location of Project: The Paar Dr right-of-way between Village Parkway and Interstate 95 is located within the Southern Grove Development of Regional Impact located west of Interstate 95.
Attachments:
1. Proposed Ordinance
2. Exhibit “A” to Ordinance - Quit Claim Deed
3. Executed Release of Restriction
4. Location Maps
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: 5339
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.