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Home My WebLink About22-197 RESOLUTION NO. 2022-197 A RESOLUTION AUTHORIZING AN EXCHANGE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND WILLOW LAKES, LLC (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, Willow Lakes, LLC ('Willow Lakes") is the owner of property located on the West side of Interstate 95, North of Midway Road more particularly described in PART A below; and, WHEREAS, St. Lucie County is the owner of the property located on the West side of Interstate 95, North of Midway Road, more particularly described in PART B below; and, WHEREAS, Willow Lakes 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 $52,000 by Callaway & Price, Inc.; and, WHEREAS, the property described in PART B below is valued at $265,000 by Callaway & Price, Inc.; and, WHEREAS, the County and Willow Lakes wish to exchange the property described in PART A for the property described in PART B; and, WHEREAS, the Board of County Commissioners of St. Lucie County has determined that an exchange of PART B property for PART A property serves a valid public purpose by providing for additional right-of-way for Midway Road, that is needed for the improvements of Midway Road; 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 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, Page 1 of 5 WHEREAS,the Board caused the above described exchange of property to be advertised for Public Hearing and said Public Hearing was held on November 1, 2022 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 PART A LEGAL DESCRIPTION FOR WILLOW LAKES PROPERTY TO BE EXCHANGED FOR COUNTY PROPERTY: A 36.00 WIDE FOOT STRIP OF LAND OF THE FOLLOWING PARCEL TO BE ACQUIRED AND OWNED FOR PUBLIC PURPOSES, INCLUDING RIGHT-OF-WAY PURPOSES OVER, UNDER AND ACROSS OF THE CERTAIN PROPERTY DESCRIBED AS PARCEL 1,AS RECORDED IN OFFICIAL RECORDS BOOK 2035, PAGE 1421 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,AND BEING A PORTION OF THE NORTHEAST QUARTER(N.E. %)OF SECTION 3,TOWNSHIP 36 SOUTH, RANGE 39 EAST. SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3;THENCE SOUTH 89°53'59" WEST ALONG THE NORTH LINE OF SAID SECTION 3,A DISTANCE OF 2,622.04 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NUMBER 93, SAID RIGHT-OF-WAY BEING PARALLEL WITH AND OFFSET 39.00 FEET EASTERLY FROM THE WEST LINE OF THE NORTHEAST QUARTER (N.E. '/<)OF SAID SECTION 3, AS MEASURED AT A RIGHT ANGLE TO SAID WEST LINE;THENCE SOUTH 00°16'38" EAST ALONG SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 2,581.20 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°48'08" EAST ALONG A LINE PARALLEL WITH AND OFFSET 36.00 FEET NORTHERLY FROM THE EXISTING NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 712, FORMERLY STATE ROAD 712, AS MEASURED AT A RIGHT ANGLE TO SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 786.23 FEET;THENCE SOUTH 00°21'16" EAST,A DISTANCE OF 36.00 FEET TO AN INTERSECTION WITH SAID EXISTING NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 712, FORMERLY STATE ROAD 712 (WEST MIDWAY ROAD/WHITE CITY ROAD PER DEED), A 70.00 FOOT WIDE RIGHT-OF-WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 94530-2602;THENCE SOUTH 89°48'08" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 786.28 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NUMBER 93;THENCE NORTH 00°16'38" WEST ALONG SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 36.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 28,305 SQUARE FEET OR 0.65 ACRES, MORE OR LESS. SAID PARCEL BEING SUBJECT TO ANY/ ALL EASEMENTS, RESERVATIONS, RESTRICTIONS, OR DEDICATIONS. Page 2 of 5 Part B LEGAL DESCRIPTION FOR COUNTY PROPERTY TO BE EXCHANGED FOR WILLOW LAKES PROPERTY: A PARCEL OF LAND LYING IN SECTIONS 2 AND 3,TOWNSHIP 36 SOUTH, RANGE 39 EAST,SAID PARCEL BEING KNOWN AS ACCESS ROAD NO. 1 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 94001-2414 AND RECORDED IN PLAT BOOK 24, PAGES 4,4A THROUGH 4L, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND ALSO KNOWN AS GORDY ROAD.SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3; THENCE SOUTH 00°12'24" EAST ALONG THE EAST LINE OF SAID SECTION 3, 2,409.67 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID ACCESS ROAD NO. 1 AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE FOR THE FOLLOWING FOUR (4)COURSES; (1) NORTH 87°21'18" EAST, 804.82 FEET TO A POINT OF CURVATURE WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET AND A CENTRAL ANGLE OF 36°56'48"; (2) EASTERLY ALONG THE ARC OF SAID CURVE FOR 171.53 FEET; (3) NORTH 50°24'30" EAST, 632.58 FEET; (4) NORTH 44°26 '22" EAST, 303.54 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF SAID ACCESS ROAD NO. 1;THENCE SOUTH 00°14'56" EAST ALONG SAID EAST RIGHT OF WAY LINE, 99.54 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF SAID ACCESS ROAD NO. 1;THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE FOR THE FOLLOWING FIVE (5) COURSES; (1)SOUTH 44°26'22" WEST, 236.42 FEET; (2)SOUTH 50°24'30"WEST, 636.23 FEET TO A POINT OF CURVATURE WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 336.00 FEET AND A CENTRAL ANGLE OF 36°56'48"; (2) WESTERLY ALONG THE ARC OF SAID CURVE FOR 216.67 FEET; (3)SOUTH 87°21'18" WEST, 630.51 FEET; (4)SOUTH 89°39'57" WEST, 196.24 FEET; (5) SOUTH 70°27'05" WEST, 130.79 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF SAID ACCESS ROAD NO. 1; THENCE NORTH 02°38'42" WEST ALONG SAID EAST RIGHT OF WAY LINE, 100.12 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID ACCESS ROAD NO. 1; THENCE NORTH 87°21'18" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 146.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 144,128 SQUARE FEET OR 3.31 ACRES, MORE OR LESS. SAID PARCEL BEING SUBJECT TO ANY/ALL EASEMENTS, RESERVATIONS, RESTRICTIONS, OR DEDICATIONS. The exchange is subject to: 1. The County and Willow Lakes executing an Exchange Agreement. 2. The County obtaining a Title Insurance Commitment for PART A and Willow Lakes obtaining a Title Insurance Commitment for PART B. 3. The County obtaining a Phase I Environmental Site Assessment of PART A certified to the County which reflects no evidence of Page 3 of 5 hazardous waste contamination on PART A. 4. Willow Lakes conveying PART A to the County by Warranty Deed free and clear of all liens and encumbrances, except taxes for 2022. S. The County conveying PART B to Willow Lakes by County Deed free and clear of all liens and encumbrances, except taxes for 2022. 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. 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: Commissioner Sean Mitchell, Chair AYE Commissioner Frannie Hutchinson, Vice Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Linda Bartz ABSENT Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 1st day of November, 2022. Page 4 of 5 BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA , / ., _ g-- P 27z.-"i--. ,.. - Ait 0..... ca By. Deputy Clerk CJ M�<so Chair G Z a :: m fG 4* - •- C* APPROVED AS TO FORM AND �cck y FL.Oct. co RRECTNESS: • ii , AI _:,-, County Att. Page 5 of 5