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Home My WebLink About04-026 REVJOANNE HOLMAN, CIRCUIT COURT - SAINT LUCIE COUNTY~ CLERK OF THE File Number: 2395240 OR BOOK 1957 PAGE 288 Recorded:05/04/04 09:40 RESOLUTION NO. 04-26 A RESOLUTION AUTHORIZING AN EXCHANGE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND TREASURE CAY, LLC (A PRIVATE DEVELOPER) OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE CHAIRI~AAN OF THE COUNTY CO/~AI$SION TO EXECUTE DEED5 AND OTHER INSTRUh~ENT5 TO EFFECTUATE 5AID EXCHANGE; PROVIDING FOR 5EVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Treasure Cay, LLC, is the owner of property located on the east side of State Road A-I-A, approximately 4 miles north of the Jansen Beach Causeway, in the HTRD (Hutchinson Island Residential District) Zoning District, more particularly described in PART A below; and, WHEREAS, the property described in PART A below includes one hundred fifty (150) linear feet of accessible oceanfront property; and, WHEREAS, St. Lucia County is the owner of property, more particularly described in PART B below, and more commonly referred to as the "Herman's Bay" beach access which consists of approximately o tOO-foot wide public beach access which was dedicated to St. Lucia County by quit claim deed on September 24, t962 and specifically set forth by said deed for "public purposes only"; and, WHEREAS, the Treasure Cay, LLC has clear title to the property described below in PART A and has agreed to convey said property by warranty deed, free and clear of encumbrances, to St. Lucia County; and, WHEREAS, the property described in PART A below is valued at $2,500,000.00; and, WHEREAS, Treasure Cay, LLC wishes to exchange the 150 linear feet of oceanfront property located at the north end of their property, as described in PART A below, for tOO linear feet of oceanfront property owned by St. Lucia County, as described in PART B below; and, WHEREAS, the Board of County Commissioners of St. Lucia County Commission has determined that on exchange of the tOO linear feet of public beach accessible oceanfront property described below in PART B with the t50 linear feet of accessible oceanfront property described below in PART A serves a valid public purpose by providing for a larger beach access for the citizens of St. Lucia County; and, WHEREAS, pursuant to Section 125.37, Florida Statutes, the Board of County Commissioners of St. Lucia County is authorized and empowered to exchange property described below in PART B for the property described below in PART A; and, WHEREAS, St. bucie County has agreed to abandon the 100 linear feet of public beach accessible oceanfront property described below in PART B so that the property owned by Treasure Cay, LbC is contiguous; and, WHEREAS, Treasure Cay, LLC has agreed to improve the 150 linear feet of public beach accessible oceanfront property described below in PART A by providing public parking and a public dune crossover in accordance with the plans attached as Exhibit "A'; and, WHEREAS, the Board of County Commissioners of St. Lucia County deems the above- described exchange of property to be for public purpose and in the best interest of the citizens of St. Lucia County; and, WHEREAS, the Board caused the above described exchange of property to be advertised for public hearing and said public hearing was held on January 6, 2004 pursuant to Section 125.37, Florida Statutes. NOW, THEREFORE, BE IT RE,SOLVED by the Board of County Commissioners of St. Lucia County, Florida; Section 1: Exchange Authorized The 150 linear feet of public beach accessible oceanfront property described below in PART A shall be exchanged for the 100 linear feet of public beach accessible oceanfront property described below in PART B. PART A LEGAL DESCRIPTION FOR TREASURE CAY, LLC PROPERTY TO BE EXCHANGED FOR COUNTY PROPERTY: The North 150.00 feet of the South 5057.83 feet of Section 27, Township 36 South, Range 41 East, St. bucie County, Florida. Lying easterly of the right-of-way for St. Road A-l-A, and lying westerly of the mean high water line of the Atlantic Ocean. OR BOOK 1957 PAGE PART B LEGAL DESCRIPTION FOR COUNTY PROPERTY TO BE EXCHANGED FOR TREASURE CAY, LLC PROPERTY: All that part of the North tOO feet, including riparian and littoral rights appurtenant thereto, of the following described lands in St. bucie County, Florida, to-wit: The South 370[5.83 feet of the following described property, situate, lying and being in St. Lucie County, Florida, to wit: A tract of land in Sections 22 nnd 27, Township 36 South, Ran9e 41 East, St. Lucie County, Florida, bounded on the South by a line parallel to and 765 feet northerly (measured at right angles) from the South line of said Section 27; on the North by a line parallel to and 6323.74 feet northerly (measured at right angles) from the South line of said Section 27; on the West by the waters of the Zndian River; and on the East by the waters of the Atlantic Ocean; the above description describing the South 4000 ocean front feet of said property in accordance with the "Base line" as shown on the George S. Brockway survey under file No. TMA-1109. Together with the riparian and littoral rights appurtenant thereto or in anywise belonging. Subject to all existing rights-of-way for public roads and the Tntra-Coastal Waterway, if any, which lies East of the East right-of-way line of State Rood A-l-A, Section 940§0-2107, according to the right-of-way map of said road recorded in Map Book 1, pages 27, 127 and 29 in the Office of the Clerk of Circuit Court, St. Lucie County, Florida. The exchange is subject to: 1. Treasure Cay, LLC providing the County, prior to the exchange, with: a. A title insurance commitment ond policy that insures title in PART A to the County free and clear of oil liens and encumbrances. b. An upland boundary survey of PART A certified to the County and the title insurer issuing the commitment and policy referenced in Paragraph ta which survey reflects no easements or encroachments. OR BO~ 19~? P~GE c. A Phase 1 Environmental Audit of PART A certified to the County which Audit reflects no evidence of hazardous waste contamination on PART A. 2. Treasure Cay, LLC obtaining all required permits and constructing and completing the improvements identified in Exhibit "A' to the County's satisfaction. 3. The County conveying PART B to Treasure Cay, LLC by County Deed in recordoble form. .Section 2: Authority of Chairman of Board of County Commissioners The Chairman of the Board of County Commissioners for St. Lucie County is hereby authorized to execute any and all deeds or other instruments necessary to effectuate the exchange authorized by this Resolution. .Section 3: Severability Tn the event o court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it shall be presumed that the St. Lucie County Board of County Commissioner's did not intend to enact such invalid or unconstitutional provision. Zt shall further be assumed that the Board of County Commissioners would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4: Effective Date This Resolution shall be effective upon adoption by the Board of County Commissioners for St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Poula A. Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes AYE AYE AYE zg~ OR BOO[ 19§? PAGE ° n PASSED AND DULY ADOPTED this 6th day of January, 2004. ,~,T~EST. ~.~ .. ,,,, ,;,::~., ... ~ BOARD OF COUN~ COMMISSIONERS ~--. _.=, ,,~;-. ~ ST. LUCIE COUNt, FLORIDA APPROVED AS TO LEGAL FOR~-,A~'' .,, ~ ..~- ~,ORRECTNES5: '~ ~ ' ":r' ~ OR BOOK 1.°,57 PAGE 295 J / ~'[ ~g