Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 20-84, Public Hearing, Authorizing the Partial Abandonment and Termination of the Blanket Flowage Easement Situated Lot 1 of Southern Grove Plat No. 33
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Submitted By: Elizabeth Hertz, Deputy City Attorney
Strategic Plan Link: The City's Goal of a diverse local economy and employment opportunities.
Executive Summary (General Business): The City desires to abandon a portion of a Flowage Easement and Blanket Flowage Easement situated on Lot 1 of proposed Southern Grove Plat No. 33, encompassing 22.519 acres.
Presentation Information: Staff will be available to answer questions.
Staff Recommendation: Move that the Council approve the Ordinance and Partial Abandonment & Termination of Flowage Easements in substantially the same form attached as Exhibit “A.”
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance and Partial Abandonment & Termination of Flowage Easements in substantially the same form attached as Exhibit “A.”
2. Move that the Council deny the Ordinance and provide staff direction.
Background: On October 26, 2020, the Port St. Lucie Governmental Finance Corporation Board (the “GFC”) approved Resolution 20-GFC-13 authorizing the execution of the Purchase and Sale Agreement (the “PSA”) with JDN Enterprises, LLC (the “Buyer”) for Lot 1 of Southern Grove Plat No. 33, consisting of approximately 22.519 acres (the “Property”). During the due diligence period under the PSA the Buyer identified several easements encumbering the Property. In particular, the Buyer identified a Blanket Flowage Easement in favor of the City of Port St. Lucie the (“City”) recorded in O.R. Book 2902, Page 1220, Public Records of St. Lucie County, Florida ("Blanket Flowage Easement") as impacting the Property. The Buyer requested the abandonment of the Blanket Flowage Easement in order to remove it as encumbrance from the Property.
Issues/Analysis: The City wishes to abandon and terminate the portion of Blanket Flowage Easement situated on the property more particularly described in Exhibit A to the proposed Ordinance. The City Engineer has determined that the Blanket Flowage Easement can be partially abandoned and terminated as it pertains to the Property. The Blanket Flowage Easement will remain in effect for the balance of Southern Grove Plat No. 33 until such time as the permanent drainage system is approved by the City Engineer.
Financial Information: N/A
Special Consideration: N/A
Location of Project: Southern Grove DRI.
Attachments:
1. Ordinance;
2. Exhibit “A” to Ordinance - Partial Abandonment & Termination of Flowage Easements
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.
LEGAL SUFFICIENCY REVIEW:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.