HomeMy WebLinkAbout22-220 RESOLUTION NO. 2022-220
A RESOLUTION AUTHORIZING AN EXCHANGE OF LAND BETWEEN
ST. LUCIE COUNTY, FLORIDA AND DESTIN BEACH, INC. (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, Destin Beach, Inc. ("Destin") is the owner of properties located East of North
Second Street in the Port of Fort Pierce, more particularly described in PART A below (Parcels
B1, B2, B3, B9 and B10 on the attached map); and,
WHEREAS, St. Lucie County ("County") is the owner of property located East of North
Second Street in the Port of Fort Pierce, more particularly described in PART B below (Parcel
D1); and,
WHEREAS, Destin has clear title to the property described below in PART A and has
agreed to convey said property by Special Warranty Deed, free and clear of all encumbrances,
to St. Lucie County; and,
WHEREAS, the County has agreed to convey its interest in Part B by Assignment without
recourse, Quit Claim Deed (10% interest) and by County Deed (Parcel D1 subject to conveyance
by the City of Fort Pierce); and,
WHEREAS,the property described in PART A below is valued at $4,655,703.00; and,
WHEREAS, the property described in PART B below is valued at $4,658,600.00; and,
WHEREAS, the County and Destin wish to exchange the County PART B property for
Destin PART A property; and,
WHEREAS, the Board of County Commissioners of St. Lucie County has determined that
an exchange of the County PART B property for the Destin PART A property serves a valid public
purpose by providing for the ability to relocate the access road to the County's Harbour Pointe
property and reroute stormwater along the new access 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
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5129443 1 2/0642022 04:24:01 PM
OR BOOK 4923 PAGE 1199-1202 Doc Type:RESO
Page 1 of 3 RECORDING: $35.50
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 November 15, 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
[ SEE ATTACHED MAP ]
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[ SEE ATTACHED MAP ]
The exchange is subject to:
1. The County and Destin executing an Exchange Agreement.
2. The County obtaining a Title Insurance Commitment for the County
parcel and the Destin parcel.
3. The County obtain 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. Destin conveying PART A to the County by Special Warranty Deed free
and clear of all liens and encumbrances, except taxes for 2022.
5. The County conveying PART B to Destin by Assignment without
recourse, Quit Claim Deed (10% interest) and by County Deed for
Parcel D1.
6. The City of Fort Pierce conveying Parcel D1 to the County.
Section 2: Authority of Board of County Commissioners
The Chair of the Board of County Commissioners for St. Lucie County is hereby
Page 2 of 3
authorized to execute any and all Deeds and/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 AYE
Commissioner Cathy Townsend AYE
PASSED AND DULY ADOPTED this 15t" 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:
Page 3 of 3
Legend
City Access Road
Destin Beach, Inc.
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