HomeMy WebLinkAbout2017-002 FPL - Glades Cut Off RoadJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 4633626 OR BOOK 4337 PAGE 1621, Recorded 10/24/2019 04:25:45 PM
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17-002
A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST.
LUCIE COUNTY, FLORIDA POWER AND LIGHT COMPANY, A
FLORIDA CORPORATION, IN CONSIDERATION FOR RIGHT-OF-
WAY DEDICATIONS ALONG GLADES CUT-OFF ROAD.
This Agreement is made and entered into as of this 17 day of Nov , 2017, by and between
St. Lucie County, Florida, a political subdivision of the State of Florida, hereinafter referred
to as "County" and Florida Power and Light Company, a Florida corporation, whose mailing
address is 700 Universe Boulevard, Dept TAXIJB, Juno Beach, Florida, 33408, hereinafter
referred to as "FPL."
WIT NESSETH:
WHEREAS on October 8, 2012, FPL Treasure Substation was annexed into the City of Port
St. Lucie, through Ordinance 12-49.
FPL received approval, from the City of Port St. Lucie (City), through Resolution No.
12R103, for the Final Plat titled "Treasure Substation". on property located at 10930 Glades
Cut -Off Road, Port St. Lucie, Florida 34983 (SW Corner of Glades Cut -Off Road and the
City's Glades WWTP Entrance Road), and as more particularly described in the attached
Exhibit A of this Agreement; and,
WHEREAS, the County has identified Glades Cut -Off Road on the County's Right of Way
Protection Plan as a four (4) lane roadway, requiring an 160 foot right-of-way and that an
additional ten (10) feet of right-of-way is required from the property described in the
attached Exhibit A of this Agreement; that are associated with the future widening of Glades
Cut -Off Road and,
WHEREAS, the County has adopted a "Roads Impact Fee Ordinance" which imposes
impact fees relating to public transportation facilities; and,
Impact Fee Credit Agreement -- 13XX_
Florida Power and Light Company. a Florida Corporation
Page 1 of 6
OR BOOK 4337 PAGE 1622
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WHEREAS, Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County, provides
for credits for the provision of non -site related right-of-way dedications on those roadways
that are a part of the County's Roads impact Fee Eligibility network; and,
WHEREAS, FPL, is desirous of obtaining a credit against the required County Road Impact
Fees due from the Treasure Substation; and,
WHEREAS, Glades Cut -Off Road is a part of the County's Roads Impact Fee Eligibility
network; and,
WHEREAS, this Board has determined that the right-of-way dedications along Glades Cut -
Off Road will provide for an opportunity for additional roadway capacity enhancements to be
made to Glades Cut -Off Road and that such dedication it is to the benefit of the County and
public at large; and,
WHEREAS, based on the provisions of Section 1-17-33:1(c) of the Code of Ordinances of
St. Lucie County, the value of the dedicated right-of-way for the future improvement of
Glades Cut -Off Road, is computed as follows:
Based on the Property Appraiser Record Cards (2015), the credit for the non -site related right of
way donation has been determined pursuant to Section 1-17-33.1 (c, 6) of the St. Lucie County
Code of Ordinances, based on the Parent Parcel ID value.
Parent Parcel ID #3321-555-0002-000-4:
2017 Assessed Land Value = $744,000
Total acres 9.92 = 435,172 sq. ft.
Value per sq. ft. _ $ 1.7097 per sq. ft.
Area of right of way donation = 29,708 sq. ft.
Assessed value of right of way donation = 29,708 sq. ft. x $ 1.7097 per sq. ft. = $ 50,791.88
Land Value = Assessed value x 1.20% = $50,791.88 x 1.2 = $60,950.26
Recording Cost (Title, Surveying, Legal, and Environmental) = 4.500.()0
Total Land Value = $65,450.26
The value of the non -site related right of way donation qualifying for Road Impact Fee Credit is
$65,450.26.
NOW, THEREFORE, in consideration of the mutual covenants entered into, to be made
and performed, and in consideration of the benefits agreed to as follows:
Impact Fee Credit Agreement —16XX
Florida Power and Light Company. a Florida Corporation
Page 2 of 6
OR BOOK 4337 PAGE 1623
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Section 1 Incorporation by Reference.
The above recitals are true and correct and made a part of this Agreement by reference.
Section 2. Amount of Road Impact Fee Credit.
Under the criteria set forth in Section 1-17-33.1 of the Code of Ordinances of St Lucie
County for the improvements to the dedication of certain right-of-way along Glades Cut -Off
Road, FPL is entitled to a Roads Impact Fee credit in the amount of eighty-six thousand,
and four hundred and fifty dollars and twenty-six cents ($ 65,450.26). This Roads
Impact Fee credit figure represents the maximum award through this Agreement that may
be applied to the property described in the attached Exhibit A, and FPL does hereby
acknowledge that the maximum credit value may not be fully consumed through the
development activities taking place on the property described in the attached Exhibit A.
Section 3. Limitation of Credit/ Applicability
The credit established by this Agreement is limited solely to the property legally described in
the attached Exhibit "A", and is not transferable to any other property owned by Florida
Power and Light Company in the County.
The credit established by this Agreement may only be applied against Roads Impact Fees
and shall not be transferable as a credit against other impact fees imposed for purposes
other than roads.
FPL acknowledges that, based on the provisions of Section 1-17-33.1 (b) (3) of the Code of
Ordinances of St. Lucie County, the Road Impact Fee Credit not shall exceed the total
amount due for the County Roads Impact Fees, as may be required from the property
described in the attached Exhibit "A".
Section 4. Assignability of Credit.
FPL may assign all or part of the credit described in Section 3 above to its successors in title
and interest to the property described in the attached Exhibit "A". Such assignment shall
be by recordable written instrument. Before the assignment is effective, FPL shall provide
a copy of the assignment to the County, at the address set forth below and the original
assignment shall be recorded in the public records of the County:
St. Lucie County Administrator
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Impact Fee Credit Agreement —16XX
Florida Power and Light Company. a Florida Corporation
Page 3 of 6
OR BOOK 4337 PAGE 1624
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Section 5. Recordability of Agreement
This agreement shall be recorded by the County in the public records of St. Lucie County
and shall be binding upon Florida Power and Light and any successors in interest and title
to the property described in described in the attached Exhibit "A".
Section 6. Termination of Agreement.
This agreement shall be effective until all of the Road Impact Fee Credits authorized under
Section 3 have been consumed through the issuance of a building permit, or similar
development approval.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and
year first above written.
Signed, sealed and delivered in the presence of:
Attest:
Board of County Commissioners
St. Lucie County, Florida
By:
ca
Z Approved as to Corr ctnes
.A m
FCIO rX FV0_ County
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Impact Fee Credit Agreement—16XXW
Florida Power and Light Company, a Florida Corporation
irman
Page 4 of 6
OR BOOK 4337 PAGE 1625
Witness:
Florida Power and Light Co
Corporation.,
By:
2 Marta Hun
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STATE OF
COUNTY OF
The foregoing instrument was acknowled ed before
2017, by Dean J. Girarr
known to me or who has produced
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ot t Nc
Commission Number (Seal)
day of
a Florida
who is personally
As identification.
vkh9&bLxdNn an
Type or Print Name of Notary
, W1 ° Notary Public State N rlorid
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Impact Fee Credit Agreement —16XX_ Page 5 of 6
Florida Power and Light Company. a Florida Corporation
OR BOOK 4337 PAGE 1626
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Exhibit A
Legal Description
Florida Power and Light Company
SITE LEGAL DESCRIPTION:
Tract R-1, of the Treasure Substation Plat as recorded in Plat Book 68, Page 12 of the, of the
Public Records of St. Lucie County, Florida.
SITE ACERAGE:
0.682 acres (more or less)
PARCEL ID NUMBERS-
3321-555-0003-000/1
Impact Fee Credit Agreement— 16XX_
Florida Power and Light Company. a Florida Corporation
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