Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 21-15, Public Hearing, Authorizing the Partial Abandonment and Termination of a Blanket Flowage Easement Recorded in Official Records Book 2902, Page 1220, of the Public Records of St. Lucie County, Florida.
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Submitted By: Wes McCurry, CRA Director
Strategic Plan Link: The City’s Mission to be responsive to our community.
Executive Summary (General Business): The City desires to abandon its interest in the Blanket Flowage Easement pursuant to the Partial Abandonment and Termination of Blanket Flowage Easement. A portion of the land owned by the Port St. Lucie Governmental Finance (“GFC”) that is subject to the Blanket Flowage Easement is under contract to be sold by GFC to Accel Florida, LLC.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve the Ordinance and Partial Abandonment and Termination of Blanket Flowage Easement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance and Partial Abandonment and Termination of Blanket Flowage Easement.
2. Move that the Council not approve the Ordinance and provide direction.
Background: On October 30, 2007, Horizons Acquisitions 5, LLC, a Florida limited liability company conveyed that certain Blanket Flowage Easement to the City of Port St. Lucie (“City”), as depicted on the easement recorded in Official Records Book 2902, Page 1220, of the Public Records of St. Lucie County, Florida ("Blanket Flowage Easement"). The Blanket Flowage Easement allows for temporary drainage flow from Village Parkway over land owned by GFC via existing agricultural ditches to the Duda canal and was granted until permanent drainage facilities and easements are put in place as development occurs within the GFC lands.
Issues/Analysis: N/A
Financial Information: N/A
Special Consideration: A portion of the GFC land that is subject to the Blanket Flowage Easement is under contract to be sold by GFC to Accel Florida, LLC. The portion of the property being sold to Accel Florida, LLC does not contain any agricultural ditches that convey drainage from Village Parkway to the Duda Canal and thus, the Blanket Flowage Easement not necessary. Therefore, the City wishes to partially abandon and terminate the portion of the Blanket Flowage Easement situated on property owned by GFC which is under contract to be sold to Accel Florida, LLC.
Location of Project: Tracts 1 and 2 of SOUTHERN GROVE PLAT NO. 32 as recorded in Plat Book 90, Page 12, of the Public Records of St. Lucie County, Florida.
Attachments:
1. Ordinance
2. Exhibit “A” to Ordinance - Partial Abandonment and Termination of Blanket Flowage Easement
3. Blanket Flowage Easement
4. Location Map
NOTE: All 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: 5098
LEGAL SUFFICIENCY REVIEW:
Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.