HomeMy WebLinkAbout14-230RESOLUTION NO. 2014-230
A RESOLUTION AUTHORIZING AN EXCHANGE OF LAND BETWEEN
ST. LUCIE COUNTY, FLORIDA AND DREW K. RUSS (A PRIVATE
OWNER) OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA;
AUTHORIZING THE CHAIR OF THE COUNTY COMMISSION TO
EXECUTE DEEDS AND OTHER INSTRUMENTS TO EFFECTUATE
SAID EXCHANGE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Drew K. Russ is the owner of property located on the East side of State Road
A -1-A, approximately 1,920 feet south of Seaway Drive, in the R4A Zoning District, more
particularly described in PART A below; and,
WHEREAS, the property described in PART A below includes one hundred five (105)
linear feet of accessible oceanfront property; and,
WHEREAS, St. Lucie County is the owner of property, more particularly described in
PART B below, and more commonly referred to as "Palm Haven Beach" which consists of
approximately one hundred ten (110) linear feet of accessible oceanfront property dedicated to
St. Lucie County by Warranty Deed on September 8, 1967; and,
WHEREAS, the City of Fort Pierce is the owner of the property, more particularly
described in PART C below, and more commonly referred to as "Porpoise Beach Access"; and,
WHEREAS, the Drew K. Russ 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. Lucie County; and,
WHEREAS, the property described in PART A below is valued at $250,000 by Fuller-
Armfield-Wagner and $266,000 by Deighan Consultants; and,
WHEREAS, Drew K. Russ wishes to exchange the 105 linear feet of oceanfront property,
as described in PART A below, for 110 linear feet of oceanfront property owned by St. Lucie
County, as described in PART B below; and,
WHEREAS, the Board of County Commissioners of St. Lucie County Commission has
determined that an exchange of the 110 linear feet of public beach accessible oceanfront
property described in PART B with the 105 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. Lucie County; and,
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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 B for the property described below in PART 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 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 December 16, 2014 pursuant to Section
125.37, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida;
Section 1: Exchange Authorized
The 105 linear feet of public beach accessible oceanfront property
described below in PART A shall be exchanged for the 110 linear
feet of public beach accessible oceanfront property described in
PART B.
PART A
LEGAL DESCRIPTION FOR DREW K. RUSS PROPERTY TO BE
EXCHANGED FOR COUNTY PROPERTY:
Lots 8 and 9, Block 1 of REVISED PLAT OF PALM HAVEN
SUBDIVISION, according to the Plat thereof as recorded in Plat
Book 8, Page(s) 44, of the Public Records of St. Lucie County,
Florida, LESS that portion lying East of line described in Plat Book
14, Page 48 of the Public Records of St. Lucie County, Florida.
Parcel ID 2401-502-0008-000-4 and 2401-502-0009-000-1.
PART B
LEGAL DESCRIPTION FOR COUNTY PROPERTY TO BE EXCHANGED
FOR DREW K. RUSS PROPERTY:
Lots 6 and 7, Block 1, Palm Haven Subdivision, Unit One, according
to the revised Plat thereof as recorded in Plat Book 8, Page 44, of
the Public Records of St. Lucie County, Florida.
Parcel ID 2401-502-0006-000-0.
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PART C
LEGAL DESCRIPTION OF CITY OF FORT PIERCE PROPERTY:
A 60' right-of-way in Block 1 labeled Palma Avenue, REVISED PLAT
OF PALM HAVEN SUBDIVISION, according to the Plat thereof as
recorded in Plat Book 8, Page(s) 44, of the Public Records of St.
Lucie County, Florida now known as Porpoise Beach Access.
The exchange is subject to:
1. The County obtaining a Title Insurance Commitment and Policy that
insures title to PART A and PART B to be free and clear of all liens and
encumbrances.
2. The County obtaining a Boundary Survey of PART A certified to the
County and the title insurer issuing the Commitment and Policy
referenced in Paragraph 1a which survey reflects no easements or
encroachments.
3. A Phase I Environmental Site Assessment of PART A certified to the
County which reflects no evidence of hazardous waste contamination
on PART A.
4. The County conveying PART B to DREW K. RUSS by County Deed in
recordable form, reserving a Perpetual Easement for future Fort
Pierce Beach Nourishment projects.
5. The County and the City of Fort Pierce executing a Donation
Agreement which Agreement provides for the County to convey the
property described in PART A to the City of Fort Pierce for expansion
of the City's Porpoise Beach Access. The Deed will contain a reverter
clause in the event the City does not construct public access
improvements on the property described in PART A within five (5)
years from the date of the Deed.
Section 2: Authority of Board of County Commissioners
The Chair 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.
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Section 3: Severability
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 shall not be
affected and it shall be presumed that the St. Lucie County Board of County Commissioners did
not intent to enact such invalid or unconstitutional provision. It 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:
Chair Paula A. Lewis
AYE
Vice Chairman Kim Johnson
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Tod Mowery
AYE
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 16th day of December, 2014.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
CORRECTNESS: �
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