Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 21-R114, Accepting the Conveyance of Real Property Owned by Walter Rodriguez and Described as Lot 25, Block 2447, Port St. Lucie Section Thirty-Four, as Recorded in Plat Book 15, Pages 9, 9A to 9W, of the Public Records of St. Lucie County, Florida, to the City and in Accordance with a Land Swap Agreement.
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Submitted By: Stefanie Beskovoyne, Deputy Director, Utility Legal Affairs
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Stefanie Beskovoyne, Esq.
2. Parties: City of Port St. Lucie, a Florida municipal corporation and Walter Rodriguez
3. Purpose: To accept the conveyance of 120 SW Becker Road, pursuant to the Agreement for Exchange of Real Property between the City and Mr. Rodriguez. Mayor Oravec presented a concern at the May 10, 2021 Regular City Council Meeting regarding the construction of a home immediately adjacent to the Turnpike overpass on Becker Road. City staff met and proposes a land swap to address the concern.
4. New/Renewal/Modified: New
5. Duration: N/A
6. Benefits to Port St. Lucie: Accept conveyance of Mr. Rodriguez’s real property for drainage purposes.
7. Cost to Port St. Lucie (Annual and Potential): The City paid $450 to appraise 120 SW Becker Road and $550 to appraise Tract “C.” If approved, closing costs will be shared by both parties. Each party is responsible to pay for their own title insurance. The City will require a drainage easement as there currently exists a culvert pipe which runs through the western side of the City-owned property.
Presentation Information: 15 minutes, if requested.
Staff Recommendation: Move that the Council complete the motion in the affirmative.
Alternate Recommendations:
1. Move that the Council amend the recommendation and complete the motion in the affirmative.
2. Move that the Council not approve and provide staff with direction.
Background: Walter Rodriguez commenced construction of a single-family dwelling at 120 SW Becker Road after acquiring the lot in January 2021. Mr. Rodriguez had to fill the lot to meet the grade of Becker Road as the lot is located immediately adjacent to the Becker Road Turnpike Interchange overpass. The City has concerns with the impact that a single-family residence at 120 SW Becker Road would have on the neighborhood with respect to drainage and traffic due to its location and slope. If he were able to continue construction, Mr. Rodriguez would be required to construct a retaining wall around his lot to secure the property and prevent drainage or other issues to the surrounding neighbors. Due to the location of Mr. Rodriguez’s lot, immediately adjacent to a stormwater retention area, the City desires to acquire 120 SW Becker Road for drainage purposes.
Issues/Analysis: Mr. Rodriguez is willing to accept the conveyance of City owned Tract “C” in exchange for 120 SW Becker Road (via Ordinance 21-94). The City would need to retain approximately 30’ easement on the western property line and 20’ north for drainage. Separately, the neighbor (Gus Rendavo) to Tract “C” is also interested in acquiring a portion of Tract “C” to expand his rear and side yard.
Financial Information: Each party agreed to pay for their share of the closing costs. The City agreed to transfer any building department and impact fees paid by Mr. Rodriguez for 120 SW Becker Road to Tract “C,” public works staff will remove the concrete “cul de sac,” add fill and compact the fill on Tract “C.” The City Attorney’s office had both lots appraised. Tract “C” appraised at $105,000 and 120 SW Becker Road for $70,000. The appraised value of Tract “C” does not take into account the drainage easements required. The parties have agreed to no additional cash consideration. Mr. Rodriguez was given the opportunity for a refund of the building and impact fees, however, he wishes to commence construction as quickly as possible and would prefer the fees be transferred.
Special Consideration: Ordinance 21-94, if approved, authorizes the conveyance of City-owned property Tract “C” on SW Bradshaw Circle, scheduled for second reading (public hearing) on September 27, 2021. If both the Resolution and Ordinance 21-94 are approved, the City and Mr. Rodriguez would close within 30 days in accordance with the terms of the agreement. Mr. Rodriguez ceased construction on his home in May 2021 pending the resolution of this proposed transaction.
Location of Project: 120 SW Becker Road (related to Ordinance 21-94 for Tract “C” on SW Bradshaw Circle)
Attachments: Resolution, Agreement for Exchange of Real Property, Photos of 120 SW Becker Road, 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: 6651
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.