City of Port St. Lucie header
File #: 2020-959    Version: Name:
Type: Ordinance Status: Second Reading
File created: 11/20/2020 In control: City Council
On agenda: 1/11/2021 Final action: 1/4/2021
Title: Ordinance 20-84, Public Hearing, Authorizing the Partial Abandonment and Termination of the Blanket Flowage Easement Situated Lot 1 of Southern Grove Plat No. 33
Attachments: 1. Ordinance, 2. Partial Abandonment of Flowage Easement Book 2902, Page 1220 for Sansone Property.pdf, 3. Exhibit A to Partial Abandonment - Legal Description
Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 20-84, Public Hearing, Authorizing the Partial Abandonment and Termination of the Blanket Flowage Easement Situated Lot 1 of Southern Grove Plat No. 33
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Submitted By: Elizabeth Hertz, Deputy City Attorney

Strategic Plan Link: The City's Goal of a diverse local economy and employment opportunities.

Executive Summary (General Business): The City desires to abandon a portion of a Flowage Easement and Blanket Flowage Easement situated on Lot 1 of proposed Southern Grove Plat No. 33, encompassing 22.519 acres.

Presentation Information: Staff will be available to answer questions.

Staff Recommendation: Move that the Council approve the Ordinance and Partial Abandonment & Termination of Flowage Easements in substantially the same form attached as Exhibit "A."

Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance and Partial Abandonment & Termination of Flowage Easements in substantially the same form attached as Exhibit "A."
2. Move that the Council deny the Ordinance and provide staff direction.

Background: On October 26, 2020, the Port St. Lucie Governmental Finance Corporation Board (the "GFC") approved Resolution 20-GFC-13 authorizing the execution of the Purchase and Sale Agreement (the "PSA") with JDN Enterprises, LLC (the "Buyer") for Lot 1 of Southern Grove Plat No. 33, consisting of approximately 22.519 acres (the "Property"). During the due diligence period under the PSA the Buyer identified several easements encumbering the Property. In particular, the Buyer identified a Blanket Flowage Easement in favor of the City of Port St. Lucie the ("City") recorded in O.R. Book 2902, Page 1220, Public Records of St. Lucie County, Florida ("Blanket Flowage Easement") as impacting the Property. The Buyer requested the abandonment of the Blanket Flowage Easement in order to remove it as encumbrance ...

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