Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 21-97, 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.
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 the Port St. Lucie Governmental Finance (“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 JDN Enterprises, LLC; specifically, Lot 5 of Southern Grove Plat No. 35 (the “Property”). Southern Grove Plat No. 35 contains a 70-foot permanent drainage easement that will convey drainage from Village Pkwy and areas west around the Property and ultimately to the Duda Canal and thus, the Blanket Flowage Easement is not necessary. Lot 5 does contain agricultural ditches that convey drainage from Village Parkway to the Duda Canal which will be rerouted per the development plans for Lot 5 and Southern Grove Plat No. 35. Therefore, the City wishes to partially abandon and terminate the portion of the Blanket Flowage Easement situated on the Property owned by GFC which is under contract to be sold to JDN Enterprises, LLC.
Location of Project: Lot 5 of SOUTHERN GROVE PLAT NO. 35 as recorded in Plat Book 95, Page 37, 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 for Lot 5, Southern Grove Plat No. 35
3. 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: 7229
LEGAL SUFFICIENCY REVIEW:
Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.