HomeMy WebLinkAbout04-026RESOLUTION 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
CHAIR~AAN OF THE COUNTY CO/,~AI$SION TO EXECUTE
DEED5 AND OTHER INSTRUMENT5 TO EFFEc'-"I-UATE ,SAID
EXCHANGE; PROVIDING FOR 5EVERABILITY; AND
PROVIDING FOR AN EFFE~I'IVE DATE
WHEREAS, Treasure Coy, LLC, is the owner of property located on the east side of
.State Road A-l-A, approximately 4 miles north of the ,Tensen Beach Causeway, in the HIRD
(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 8 below, and more commonly referred to as the "Herman's Bay" beach access which
consists of approximately a lO0-foot wide public beach access which was dedicated to St.
Lucia County by quit claim deed on September 24, 1962 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 all
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 100
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. Lucie County Commission has
determined that on exchange of the 100 linear feet of public beach accessible oceanfront
property described below in PART B with the 150 linear feet of accessible oceanfront
property described below in PART A serves o valid public purpose by providing for o larger
beach access for the citizens of St. Lucie County; and,
WHEREAS, pursuant to Section 125.37, Florida Statutes, the Board of County
Commissioners of St. bucie County is authorized and empowered to exchange property
described below in PART B for the property described below in PART A; and,
WHEREAS, St. Lucie 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, LLC is contiguous; and,
WHEREAS, Treasure Coy, 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. Lucie County deems the above-
described exchange of property to be for public purpose and in the best interest of the
citizens of 51. Lucie 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 ~Tanuary 6, 2004 pursuant
to Section 125.37, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucia County, Florida;
Section ~.: 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 DESCR'rPTZON 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. Lucia County, Florida.
hying 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.
PART B
LEGAL DESCR]:PT]:ON FOR COUNTY PROPERTY TO BE
EXCHANGED FOR TREASURE CAY, LLC PROPERTY:
All that part of the North 100 feet, including riparian and
littoral rights appurtenant thereto, of the following described
lands in St. Lucia County, Florida, to-wit:
The South 370§.83 feet of the following described property,
situate, lying and being in St. Lucia County, Florida, to wit:
A tract of land in Sections 22 and 27, Township 36 South, Range
4:1 East, St. Lucia County, Florida, bounded on the South by o line
parallel to and 76§ feet northerly (measured at right angles)
from the South line of said Section Z7; on the North by a line
parallel to and 6:3Z3.74 feet northerly (measured at right angles)
from the South line of said Section Z7; on the West by the
waters of the Indian 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" os shown on the George S. Brockway survey under file No.
TAAA-:1:109. 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 Intro-Coastol
Waterway, if any, which lies East of the East right-of-way line
of State Road A-:l-A, Section 94050-Z:107, according to the
right-of-way map of said road recorded in Map Book 1, pages Z7,
:1Z7 and Z9 in the Office of the Clerk of Circuit Court, St. Lucia
County, Florida.
The exchange is subject to:
:1. Treasure Cay, LLC providing the County, prior to the exchange, with:
a. A title insurance commitment and policy that insures title in PART A to
the County free and clear of all 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 la which survey
reflects no easements or encroachments.
c. A Phase ! Environmental Audit of PART A certified to the County which
Audit reflects no evidence of hazardous waste contamination on PART A.
2. Treasure Coy, LLC obtaining oll 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
recordable form.
Section 2: Authority of Chairman of Board of County Commissioners
The Chairman of the Board of County Commissioners for St. Lucia County is hereby
authorized to execute any and all deeds or other instruments necessary to effectuate the
exchange authorized by this Resolution.
Section 3: $everability
Zn the event a 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. Lucia County Board of County Commissioners
did not intend to enact such invalid or unconstitutional provision. ]Et 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.
$ection 4: Effective Date
This Resolution shall be effective upon adoption by the Board of County Commissioners
for ,St. Lucia County.
After motion and second, the vote on this resolution was as follows:
Chairman Paula A. Lewis
AYE
Vice Chairman ~Tohn b. Bruhn
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Doug Coward
AYE
Commissioner Cliff Barnes AYE
PASSED AND DULY ADOPTED this 6th day of ~Tanuory, 2004.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO LEGAL FORM ANb