HomeMy WebLinkAbout22-218 RESOLUTION NO. 2022-218
A RESOLUTION AUTHORIZING AN EXCHANGE OF RIGHTS OF WAY
BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE CITY OF FORT
PIERCE OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA;
AUTHORIZING THE CHAIR OF THE COUNTY COMMISSION TO
EXECUTE DEEDS AND OTHER INSTRUMENTS TO EFFECTUATE THE
EXCHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, City of Fort Pierce ("City") is the owner of certain rights of way identified in
PART A below; and,
WHEREAS, St. Lucie County is the owner of a certain right of way identified in PART B
below; and,
WHEREAS, the City has agreed to convey the rights of way identified in PART A by City
Deed to St. Lucie County free and clear of all encumbrances; and,
WHEREAS, the County has agreed to convey the right of way identified in PART B to the
City free and clear of all encumbrances; and,
WHEREAS, the County and the City wish to exchange the rights of way as identified in
PARTS A and B; and,
WHEREAS, the Board of County Commissioners of St. Lucie County has determined that
an exchange of the County right of way identified in PART B for the City rights of way identified
in PART A serves a valid public purpose by allowing the County to seek grants to fund the
reconstructing and improvement of the access roads to the Port of Fort Pierce which would
directly benefit County owned property at the Port; and,
WHEREAS, pursuant to Section 125.37, Florida Statutes, the Board of County
Commissioners of St. Lucie County is authorized and empowered to exchange the right of way
described below in PART B for the rights of way described below in PART A; and,
WHEREAS, the Board caused the above described exchange of property to be advertised
for Public Hearing and said Public Hearing was held on November 15, 2022, pursuant to Section
125.37, Florida Statutes; 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.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5129442 12/06/2022 04:24 01 PM
OR BOOK 4923 PAGE 1196-1198 Doc Type:RESO
RECORDING: $27.00
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida;
Section 1: Recitals
The above recitals are true and correct and are incorporated herein by reference.
Section 2: Exchange Authorized
The Board hereby authorizes the exchange of the following rights of way set forth in
Part A and Part B subject to the conditions set forth herein:
PART A
Avenue M Extension
Fisherman's Wharf from the Florida East Coast Railway (FEC) right of way to its
eastern terminus
Harbor Street
Port Avenue
North 2"d Street from Seaway Drive to its northern terminus
North Indian River Drive from Seaway Drive to Fisherman's Wharf
PART B
Indian River Drive from Avenue A to Seaway Drive
The exchange is subject to:
1. The County and the City executing an Exchange Agreement.
2. The County obtaining a Title Insurance Commitment for the County
parcel and the City parcels.
3. The City conveying PART A to the County by City Deed free and clear
of all liens.
4. The County conveying PART B to the City by County Deed free and
clear of all liens.
Section 3: 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 and/or other instruments necessary to effectuate the
exchange authorized by this Resolution.
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Section 4: 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 5: 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 AYE
Commissioner Cathy Townsend AYE
PASSED AND DULY ADOPTED this 15th day of November, 2022.
ATTEST:
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
CORRECTNESS:
County
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