Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
title
Ordinance 22-19, Public Hearing, Authorizing the Release of Any and All Interest Reserved unto the City of Port St. Lucie under Section 270.11, Florida Statutes, for Phosphate, Minerals, Metals and Petroleum that is or may be in, on, or under Lands conveyed to the Port St. Lucie Governmental Finance Corporation via Quit Claim Deeds recorded in Official Records Book 4596, Page 1259, and Official Records Book 4378, Page 1656, of the Public Records of St. Lucie County, Florida.
BODY
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 release its interest in all in phosphate, minerals, metals and petroleum rights that are or may be in, on, or under the former Paar Drive right-of-way previously conveyed to the Port St. Lucie Governmental Finance Corporation.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve the Ordinance and Release.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance.
2. Move that the Council not approve the Ordinance and provide direction.
Background: Pursuant to the recommendations of the Southern Grove Master Plan, the Paar Drive right-of-way, from SW Anthony F. Sansone Sr Boulevard to Interstate 95, was abandoned and conveyed to the to Port St. Lucie Governmental Finance Corporation (GFC) via Quit Claim Deeds recorded in in Official Records Book 4378, Page 1656 and Official Records Book 4596, Page 1259, of the Public Records of St. Lucie County, Florida. Section 270.11, Florida Statutes, reserves an undivided three-fourths interest in all the phosphate, minerals, and metals and an undivided one-half interest in all petroleum that is or may be in, on, or under lands owned by a local government with the privilege to mine and develop the same. The statue further provides that a local government may, at its discretion, sell or release reserved interest in any parcel of land, except that such sale or release shall be made upon petition of the owner of the parcel of land with a statement of reasons justifying such sale or release.
Issues/Analysis: The proposed deed contained in Exhibit “A” to the proposed Ordinance serves to relinquish the City’s interest in the phosphate, minerals, metals, and petroleum rights for the property described in the Exhibits to the proposed deed (Exhibit “A” and Exhibit “B” to the proposed Deed). The property described in Exhibit A to the proposed deed was the portion of right-of-way for Paar Dr between Anthony F. Sansone Sr Boulevard and Interstate 95, which was owned by the City prior to its abandonment and conveyance to the GFC pursuant to Ordinance 21-24 and the quit claim deed recorded in Official Records Book 4378, Page 1656, of the Public Records of St. Lucie County, Florida. The property described in Exhibit B to the proposed deed was the portion of right-of-way for Paar Dr between Anthony F. Sansone Sr Boulevard and Interstate 95, which was owned by the City prior to its abandonment and conveyance to the GFC pursuant to Ordinance 21-122 and the quit claim deed recorded in Official Records Book 4596, Page 1259, of the Public Records of St. Lucie County, Florida.
Financial Information: N/A
Special Consideration: The property described in the exhibits to the proposed deed includes the lands subject to a Purchase and Sale Agreement between Cheney Bros., Inc (Purchaser) and the GFC (Seller). The Purchaser has requested the GFC to petition the City for a release of its interests vested under Section 270.11, Florida Statues.
Location of Project: SOUTHERN GROVE PLAT NO. 38 as recorded in Plat Book 100, Page 13, of the Public Records of St. Lucie County, Florida
Attachments:
1. Ordinance
2. Exhibit “A” to Ordinance - Quit Claim Deed
3. Exhibit “A” to the Quit Claim Deed
4. Exhibit “B” to the Quit Claim Deed
5. 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: 7942
LEGAL SUFFICIENCY REVIEW:
Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.