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City of Port St. Lucie header
File #: 2022-1018    Version: Name:
Type: Ordinance Status: Passed
File created: 11/21/2022 In control: City Council
On agenda: 1/9/2023 Final action: 1/9/2023
Title: Ordinance 22-111, Public Hearing, Authorizing the Conveyance of a Public Utility Easement to AT&T.
Attachments: 1. Ordinance_ATT Esmt, 2. Exhibit A - Utility Easement to ATT (Best Street), 3. Exhibits to Utility Easement - Sketch and Legal Description, 4. Location Map

Placement: Second Reading of Ordinances / Public Hearing                     

Action Requested: Motion / Vote                     

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Ordinance 22-111, Public Hearing, Authorizing the Conveyance of a Public Utility Easement to AT&T. 

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Submitted By: Clyde Cuffy, P.E., Public Works

 

Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.

 

Executive Summary (General Business): AT&T requests an easement over the proposed abandoned portion of the Best Street road right-of-way for access to, and the maintenance and operation of, public utility facilities.

 

Presentation Information: N/A

 

Staff Recommendation: Move that the Council approve the Ordinance authorizing the conveyance of a public Utility Easement to AT&T.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the Ordinance authorizing the conveyance of a public Utility Easement to AT&T.

2.                     Move that the Council not approve the Ordinance and provide staff direction.

 

Background: Best Street is a platted road right-of-way lying in Block 9, Port St. Lucie Section Eighteen, as recorded in Plat Book 13, pages 17 through 17K, of the Public Records of St. Lucie County, Florida. A portion of the road right-of-way bisects the City Hall Complex. As part of the expansion of the City’s Police Department building, the City desires to create one unified site plan for the City Hall Complex and is abandoning a portion of the Best Street right-of-way. It should be noted that the physical abandonment of Best Street is already complete with the addition of Building B and the associated parking lots in 2004/2005; and this right-of-way abandonment and easement is correcting an issue that should have been done with the Building B expansion. AT&T has requested that the City provide a utility easement over the existing right-of-way area to allow AT&T access for maintenance and operation of their existing utility facilities.

 

Issues/Analysis: AT&T has identified facilities on both sides of SW Best Street within the proposed ROW abandonment and has requested the City provides either an easement over the existing facilities or payment to relocate said facilities. The utility easement was evaluated by AT&T, the Public Works Department and City Attorney’s Office.

                     

Financial Information: There will be no cost incurred by the City.

 

Special Consideration: The proposed Utility Easement to AT&T will facilitate the abandonment of a portion of the Best Street road right-of-way. Should the City not grant this easement then to formally abandon the Best Street right-of-way the City would be responsible for the costs to relocate the AT&T facilities.

 

Location of Project: City Hall, 121 SW Port St. Lucie Boulevard.

 

Attachments:

1.                     Ordinance

2.                     Exhibit “A” to Ordinance - Utility Easement

3.                     Exhibits to Easement Document - Sketch and Legal Description

4.                     Location Map

 

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: 9084

 

Legal Sufficiency Review: 

Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.