Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 23-44, Public Hearing, Authorizing the Conveyance of Non-Exclusive Easements to Florida Power & Light Company Benefiting the McCarty Ranch Preserve and Extension.
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Submitted By: Kevin R. Matyjaszek, Utility Systems Director
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Florida Power & Light Company (“FPL”)
2. Parties: City of Port St. Lucie and FPL
3. Purpose: To convey easements to FPL to convert pump stations from diesel fuel to electrical power.
4. New/Renewal/Modified: N/A
5. Duration: In perpetuity.
6. Benefits to Port St. Lucie: The easements are necessary to grant FPL a property right to install conduit and related facilities to provide power for the St. Lucie River/C-23 Water Quality Project at the McCarty Ranch Preserve and Extension.
7. Cost to Port St. Lucie (Annual and Potential): There is no initial cost associated with this conveyance.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve Ordinance 23-44, authorizing the conveyance of utility easements to FPL for the benefit of the McCarty Ranch Extension and Preserve.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve Ordinance 23-44, authorizing the conveyance of utility easements to FPL at McCarty Ranch Extension and Preserve.
2. Move that the Council not approve Ordinance 23-44 and provide staff with direction.
Background: The City owns the real property lying in St. Lucie County, Florida, otherwise known as McCarty Ranch Preserve and McCarty Ranch Extension. The Utility Systems Department (“USD”) desires to convert from diesel fuel to electrical power to better serve the USD pump stations as part of the City’s St. Lucie River/C-23 Water Quality Project. Electrically powered pumps will be more efficient and reliable than diesel pumps. The electrical easements benefit the McCarty Ranch Extension because C-23 water can be resourcefully pumped to the above ground impoundments. The USD seeks authorization to convey the 10’ non-exclusive easements more particularly described in the attached exhibits to FPL for this purpose.
Issues/Analysis: This conveyance is necessary to run power to McCarty Ranch.
Financial Information: There is no initial cost to the City for the conveyance of these easements.
Special Consideration: The easements are necessary to grant FPL the requisite interest in real property to provide power to McCarty Ranch. This is FPL’s form easement document which is broad in scope and also potentially requires removal of obstructions within the easement area, which could potentially include City infrastructure if there is such infrastructure within the easement area. Staff did attempt to negotiate easement terms with FPL.
Location of Project: McCarty Ranch Properties
Attachments:
1. Ordinance 23 - Authorizing the Conveyance
2. FPL Easement and its Exhibits
3. Sketch and Legal Descriptions
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: 9388
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.