Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 21-R129, Approve Acceptance of Utility Easement from Oculus Surgical, Inc.
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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: Oculus Surgical, Inc., a Florida corporation
2. Parties: City of Port St. Lucie Utility Systems Department (“USD”)
3. Purpose: Accept the conveyance of an easement for utility purposes.
4. New/Renewal/Modified: New
5. Duration: In perpetuity.
6. Benefits to Port St. Lucie: The USD will use the easement area for replacement of sanitary sewer main, manholes and related appurtenances.
7. Cost to Port St. Lucie (Annual and Potential): There is no cost to the City.
Presentation Information: N/A
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: The parties (the City is a successor by assignment from the Port St. Lucie Governmental Finance Corporation) previously entered into a temporary construction easement, recorded in the Official records at Book 4499, Page 2038, assigned from the Port St. Lucie Governmental Finance Corporation to the City of Port St. Lucie via Assignment of Temporary Construction Easement, recorded in the Official Records Book 4567, Page 1878 on March 8, 2021. This utility easement, if accepted, effectively terminates the temporary construction easement. As part of the temporary construction easement terms, Oculus was required to grant the City a permanent, non-exclusive utility easement over the premises described in the site plan for the installation, operation and continued maintenance of the City’s utility facilities.
Issues/Analysis: The terms of the easement require certain insurance for contractors or subcontractors involved with the installation, operation, maintenance or repair of the City’s facilities. The City agreed to maintain its facilities and the Grantor reserves the right to relocate the Utility facilities at its sole expense.
Financial Information: N/A
Special Consideration: N/A
Location of Project: Oculus Surgical, Inc., Southern Grove, Plat No. 29, Tract 2, Recorded in Plat Book 88, Page 34 of the public records of St. Lucie County.
Attachments:
1. Resolution
2. Utility Easement and its Exhibits “A” and “B”
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: 6947
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.