Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve Railroad Crossing Agreement for North-South Road “A”
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Submitted By: Mary Savage-Dunham, Director of Planning and Zoning
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: City of Port St. Lucie and Verano Development, LLC
2. Parties: City of Port St. Lucie and Verano Development, LLC
3. Purpose: Facilitate extension of North-South Road “A” over FEC right-of-way
4. New/Renewal/Modified: New
5. Duration: Until complete
6. Benefits to Port St. Lucie: obtain additional traffic circulation
7. Cost to Port St. Lucie (Annual and Potential): Costs associated with final design and construction and any required improvements not required to be funded by Verano Development, LLC.
Presentation Information: Questions will be answered upon request.
Staff Recommendation: Move that the Council complete motion in the affirmative.
Alternate Recommendations:
1. Move that the Council amend the recommendation and complete motion in the affirmative.
2. Move that the Council not approve.
Background: Verano Development, LLC (“Verano”) is the master developer for a real estate development known as “Verano”. The Development of Regional Impact (“DRI”) for Verano contains various conditions of development. One such condition is as follows:
Condition 45. Developer shall dedicate right-of-way for a two-lane public access roadway (North-South Road A) (80 feet wide) through the Verano DRI. The right-of-way shall be located west of the Florida Power and Light (FPL) power transmission line and extend northerly from the southern boundary of Verano to Glades Cut-Off Road. This right-of-way shall be dedicated on or before the commencement of any proposed residential development or PUD approval located west of the FPL easement. Prior to the first residential Certificate of Occupancy west of North-South Road A, the developer shall construct a 2-lane roadway from Crosstown Parkway to the southernmost residential access. (“DRI Condition No.45”)
In accordance with DRI Condition No. 45, Verano has conveyed to the City, the right-of-way through the Verano DRI for North-South Road “A” by virtue of a certain warranty deed recorded in Official Records Book 4817, Page 2829, of the public records of St. Lucie County, Florida (the “Road Deed”). A portion of the right-of-way for North-South Road “A” was subsequently dedicated and platted by virtue of that certain North-South “A” Roadway Plat recorded in Plat Book 117, Page 21, of the Public Records of St. Lucie County, Florida (the “Roadway Plat”). The remainder of the right-of-way for North-South Road “A” that was conveyed pursuant to the Road Deed remains to be platted. Additionally, the boundary of the Verano DRI ends at the railroad right-of-way owned by Florida East Coast Railway (“FEC”) which separates Verano from Glades Cut-Off Road.
Issues/Analysis: Verano and City have reached an agreement that would satisfy DRI Condition No. 45 with respect to the portion of the right-of-way for North-South Road “A” that is located outside of Verano and is within the FEC’s railroad right-of-way. In an effort to work together as partners and resolve their difference in interpretation of DRI Condition No. 45, the City has requested that the Verano convey certain easement rights to the City and assist the City with seeking approval for an at-grade crossing for North-South Road “A” from FDOT across FEC’s railroad right-of-way, as set forth in the proposed Railroad Crossing Agreement.
Financial Information: Costs associated with final design and construction and any required improvements to N/S A crossing are not required to be funded by Verano Development, LLC. However, construction of improvements required to crossings at Glades Cut-Off Road and Range Line Road, and Glades Cut-Off Road and North Commerce Center Drive.
Special Consideration: This agreement helps facilitate the continued development of the Verano DRI by Verano.
Location of Project: Verano DRI
Attachments:
Partially executed Railroad Crossing Agreement.
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: 23209-04
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.