Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 23-35, Public Hearing, Partial Abandonment & Termination of Flowage Easement, as Recorded in Official Record Book 2902, Page 1177, of the Public Records of St. Lucie County, Florida.
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Submitted By: Clyde Cuffy, P.E., Public Works
Strategic Plan Link: The City’s Mission to be responsive to our community.
Executive Summary (General Business): Mattamy Palm Beach and Cleveland Clinic are requesting a partial termination of a 50-foot wide flowage easement affecting the development of the Cleveland Clinic Tradition Hospital property.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve to abandon and terminate a portion of the flowage easement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve to abandon and terminate the flowage easement.
2. Move that the Council not approve the abandonment and provide staff direction.
Background: Horizon Acquisitions St. Lucie, LLC conveyed a Flowage Easement to the City of Port St. Lucie as depicted on the easement recorded in O.R. Book 2902, Page 1177, and on Water Management Tract (WMT-1) of the Southern Grove Plat No. 9, recorded in Plat Book 68, Page 16, Public Records of St. Lucie County, Florida. WMT-1 was conveyed to Tradition land Company, LLC, via Quit Claim Deed, recorded in O.R. Book 3552, Page 1194, then conveyed to Mattamy Palm Beach, LLC via Quit Claim Deed, recorded in O.R. Book 4153, Page 1012, then conveyed to Martin Memorial Medical Center, Inc, via Special Warranty Deed, recorded in O.R. Book 4593, Page 2721, Public Records of St. Lucie County, Florida. The owner of the property has submitted a request for the abandonment to the City and has provided a replacement Access, Drainage, and Water Management Easement.
Issues/Analysis: The request to abandon and terminate a portion of the flowage easement was evaluated by the Public Works Department and City Attorney’s Office. The City Departments have no objection to the partial abandonment of the flowage easement. The City has a replacement easement in hand, that has been approved as sufficient by the Public Works department, (attached to this item) and a resolution accepting such easement will be presented to Council at the second reading of this abandonment Ordinance.
Financial Information: There will be no cost incurred by the City.
Special Consideration: A replacement Access, Drainage, and Water Management Easement is required to provide the City access and drainage rights over the Grantor’s property.
Location of Project: Cleveland Clinic Tradition Hospital
Attachments:
1. Ordinance
2. Exhibit “A” to Ordinance (Partial Abandonment & Termination of Flowage Easement)
3. Proposed Replacement Easement
4. 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.
Internal Reference Number: 9759
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.