Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 21-95, Public Hearing, An Ordinance of the City Council of Port St. Lucie Approving Conveyance of Unplatted City Right of Way to ACR Acquisitions, LLC and Accepting Replacement City Right of Way from ACR Acquisitions, LLC.
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Submitted By: Diana Spriggs, P.E., Regulatory Division Director
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): Transfer of Right of Way between ACR Acquisitions, LLC and the City of Port St. Lucie.
Presentation Information: N/A, but staff will be available to answer questions upon request.
Staff Recommendation: Move that the Council approve the Ordinance.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance.
2. Move that the Council not approve the Ordinance and offer staff direction.
Background: With the approval of the 2nd Amendment to the Wilson Grove DRI (Resolution 11R-01), the City Council approved the elimination of a proposed roadway known as N/S AB within the Wilson Grove DRI. N/S AB was a proposed 100-foot right of way west of N/S B and between E/W 4 and Becker Road. With the elimination N/S AB, Wilson Grove agreed to dedicate to the City an additional 75 feet of right of way to allow for the widening of the proposed roadway known as N/S B to 150 feet. Once Wilson Grove dedicates to the needed right-of-way for the widening of N/S B, the City would return the previously dedicated 100 feet right of way for N/S AB to Wilson Grove. Wilson Grove has applied for the 3rd Amendment to the Wilson Grove DRI (P21-127). As part of city staff’s review, it was discovered that the right of way dedications were never finalized and only a portion (approximately 30 feet) of the required 75 feet of right of way for the widening of N/S B was dedicated to the City. With this application, Wilson Grove is providing the City with the additional 45 feet of right of way for N/S B. In return, the City is conveying the N/S AB acreage back to Wilson Grove. In addition, Wilson Grove has proposed the re-alignment of portions of Becker Road and E/W 4 (Paar Drive) to align the roadways with their proposed development plans for Wilson Grove.
Issues/Analysis: In order to facilitate development of its project, ACR Acquisitions seeks to relocate and realign several rights of way as follows.
1. Conveyance of a portion of property from ACR to the City to widen N/S B Road.
2. Conveyance of New EW4 Paar Drive East and West to the City. A small portion of “New E/W #4 Paar Drive East” overlaps with the old road being vacated by the City where the road meets N/S B Road. This is why the City is reflected in title as an owner and included as a grantor on the deed.
3. Conveyance of a portion of E/W 5 Becker Road East and West to the City. While this is a conveyance from ACR to the City, a small portion of “New E/W #5 Becker Road East” overlaps with the old road being vacated by the City where the road meets N/S B Road. This is why the City is reflected in title as an owner and included as a grantor on the deed.
4. Conveyance of a portion of E/W 5 Becker Road by the City to ACR.
5. Conveyance of a portion N/S A.5 by the City to ACR. (This is given exchange for the conveyance of property by ACR to the City to widen N/S B Road.)
Financial Information: N/A
Special Consideration: N/A
Location of Project: The proposed project is located north of the C-23 Canal and east of Range Line Road. It bounded to the east and north by the Riverland-Kennedy DRI.
Attachments:
1. ACR Road Swap Ordinance
2. Special Warranty Deed - Conveyance of NS B Road to City
3. Special Warranty Deed - Conveyance of New EW 4 Paar West East to City
4. Special Warranty Deed - Conveyance of Becker E and W to City
5. Special Warranty Deed - Conveyance of Becker Road W to ACR
6. Special Warranty Deed - Conveyance of Paar Road Abandonment E and W to ACR
7. Special Warranty Deed - Internal Road Abandonment of NS A.5
8. Opinion of Title - ACR Properties - Internal Road Abandonment NS A5
9. Opinion of Title - ACR Properties - Portion of EW Becker Abandonment W
10. Opinion of Title - ACR Properties - New EW4 Paar Road E and W
11. Opinion of Title - ACR Properties - Paar Road E and W Abandonment
12. Opinion of Title - ACR Properties - New Becker E and W
13. Opinion of Title - Dedication of NS B Road
14. ROW Conveyance Exhibit PPT
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: 5459
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.