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Home My WebLink About09-154Corr¢~-~Qd cry ~: ~dm . ~~ p~M ~tu~ Cu. fns . @,o. Suty. F.P. I'ht~P~ ~~ n . RESOLUTION N0. 09-154 A RESOLUTION AUTHORIZING AN EXCHANGE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE CITY OF FORT PIERCE OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE CHAIRMAN OF THE COUNTY COMMISSION TO EXECUTE DEEDS AND OTHER INSTRUMENTS TO EFFECTUATE SAID EXCHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Fort Pierce is the owner of property located adjacent to Lawnwoad Regional Park immediately north of Virginia Avenue, more particularly described in PART B below and more commonly described as the "Chamber of Commerce parcels"; and WHEREAS, St. Lucie County is the owner of property more particularly described in PART A below, and more commonly referred to as "South Jetty Park" ;and WHEREAS, the City of Fort Pierce has clear title to the property described below in PART B and has agreed to convey said property by Special Warranty Deed, free and clear of all encumbrances, to St. Lucie County; and WHEREAS, the City of Fort Pierce wishes to exchange the Chamber of Commerce parcels as described in PART B below, for South Jetty Park property owned by St. Lucie County as described in PART A below; and WHEREAS, the Board of County Commissioners of St. Lucie County has determined that an exchange of the property described below in PART A with the property described below i'n PART B serves a valid public purpose for the citizens of St. Lucie County; and WHEREAS, pursuant to Section 125.37, Florida Statutes, the Board of County Commissioners of St. Lucie County is authorized and empowered to exchange property described below in PART A for the property described below in PART B; and WHEREAS, the Board of County Commissioners of St. Lucie County deems the above described exchange of property to be for a public purpose and is in the best interest of th!e citizens of St. 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 August 11, 2009, pursuant to Section 125.37, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: -1- Section 1: Exchan~e Authorized The property described below in PART A shall be exchanged for the property described below in PART B. PART A LEGAL DESCRIPTION FOR THE SOUTH JETTY PARK PROPERTY CURRENTLY OWNED BY ST. LUCIE COUNTY TO BE EXCHANGED FOR THE CHAMBER OF COMMERCE PARCELS CURRENTLY OWNED BY THE CITY OF FORT PIERCE: ParceliD 1436-343-0003-000-7 COMMENCE AT THE QUARTER SECTION CORNER ON THE SOUTH BOUNDARY OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 40 EAST, FOR POINT OF REFERENCE. FROM SAID POINT OF REFERENCE RUN NORTH 0 DEG. 03 MIN. 02 SEC. WEST ALONG THE BOUNDARY LINE OF GOVERNMENT LOTS NOS. 4 AND 5 A DISTANCE OF 297.3 FEET TO A POINT; THENCE NORTH 82 DEG. 58 MIN. 27 SEC. EAST A DISTANCE OF 450 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, A SUBDIVISION IN SECTION 36, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, RECORDED IN PLAT BOOK 8, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, FOR THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THENCE NORTH ALONG THE EAST BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION, EXTENDED 85.28 FEET MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE FORT PIERCE INLET; THENCE EASTERLY ALONG THE MEAN LOW WATER MEANDER LINE OF THE FORT PIERCE INLET 680 FEET, MORE OR LESS, TO THE MEAN LOW WATER LINE OF THE ATLANTIC OCEAN; THENCE SOUTHERLY ALONG THE MEAN LOW WATER MEANDER LINE OFTHE ATLANTIC OCEAN TO A POINT OF INTERSECTION WITH THE EXTENSION EASTERLY OF THE NORTH BOUNDARY OF SAID LOT 1, BLOCK 4, FORT PIERCE BEACH SUBDIVISION; THENCE WEST 646.4 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 1.45 ACRES, MORE OR LESS; EXCEPTING AND RESERVING THE NORTH THIRTY-FIVE FEET (35') OF THE ABOVE DESCRIBED LAND. PART B LEGAL DESCRIPTION FOR CITY OF FORT PIERCE PROPERTY TO BE EXCHANGED FOR COUNTY PROPERTY PARCEL ID 2416-504-0772-000-2 - NORTHEAST CORNER OF SOUTH 23RD STREET AND VIRGINIA AVENUE -2- THE SOUTH 25 FEET OF THE WEST 250 FEET OF BLOCK 135 AND ALL THAT PART OF THE WEST 250 FEET OF BLOCK 158, LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF VIRGINIA AVENUE, ALL IN LAWNWOOD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 16, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH ALL ADJACENT FORMER STREET AND ALLEY RIGHTS-OF-WAY. Parcel ID 2416-504-0781-000-8 - Old Chamber of Commerce site COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 158, LAWNWOOD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOQK 2, PAGE 16, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN EAST ALONG THE SOUTH LINE OF SAID BLOCK, FOR A DISTANCE OF 250 FEET FOR A POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE EAST ALONG THE SOUTH LINE OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE RUN NORTH ON A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 250 FEET; THENCE TURN AND RUN WEST ALONG A LINE PARALLEL TO THE SOUTH BOUNDARY OF BLOCK 158 FOR A DISTANCE OF 200 FEET; THENCE TURN SOUTH AND RUN ALONG A LINE PARALLEL TO THE WEST BOUNDARY OF BLOCK 158 TO THE POINT OF BEGINNING. LESS AND EXCEPTING RIGHT OF WAY FOR VIRGINIA AVENUE (SR 70) The exchange is subject to: 1. The City of Fort Pierce providing the County, prior to the exchange, with a title search or title insurance commitment that reflects title in PART A to be conveyed to the County free and clear of all liens and encumbrances. 2. St. Lucie County providing the City, prior to the exchange, with a title search or titte insurance commitment that reflects title in PART B to be conveyed to the City free and clear of all liens and encumbrances. 3. A reverter clause in each deed from the County and the City requiring that the property in PART A and PART B must be used for a public purpose or the property will revert to the prospective Grantor. 4. The County retaining an easement for access to and on the property described in PART A allowing the county to use the property for beach restoration and inlet and spur jetty maintenance projects. 5. The City allowing the county to continue to use that portion of the unopened "St. Lucie Court" for access and staging for beach restoration and renourishment consistent with past practices, provided the area is available at that time. -3- Section 2: Authoritv of Chairman of Board of County Commissioners The Chairman of the Board of County Commissioners of 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: Severabilitv In 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 shatl not be affected and it shalt be presumed that the St. Lucie County Board of County Commissioners did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the Board of County Commissioners woutd 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: Chair Paula A. Lewis AYE Vice Chair Chartes Grande AYE Commissioner Chris Craft AYE Commissioner poug Coward AYE Commissioner Chris Dzadovsky AYE PASSED AND DULY ADOPTED this 11th day of August 2009. ATf EST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: _~ ,~Yd'~ Chair APPROVED S TO FORM AND CORETE 1 ~~; / BY: ~ Co ty Attorn -4-