COUNCIL ITEM

0'''l,-. 13-201 8

C U,=CIL ITEM fe.-ORDINANCE 18 - 61

DATE,/

AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF A UTILITYAND DRAINAGE EASEMENTS AFFECTING LOT 52, BLOCK 458, PORT ST. LUCIESECTION TWENTY-SIX, RECORDED IN PLAT BOOK 14, PAGE 4 OF THE PUBLICRECORDS OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR CONFLICT;PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the applicants Arturo Macias and Rosauda Macias, request approval for the

abandonment of an unused portion of drainage easements located at the south ten (10) foot portion

of the rear platted twenty (20) foot utility and drainage easements of Lot 52, Block 458, Port St.

Lucie Section Twenty-Six, according to the plat thereof, as recorded in Plat Book 14, Page 4, of

the Public Records of St. Lucie County, Florida and more particularly described in the attached

Exhibit "A".

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF PORT ST. LUCIE, FLORIDA:

Section 1. Ratification of Recitals. The City Council of the City of Port St. Lucie,

Florida, hereby adopts and ratifies those matters as set forth in the foregoing recitals.

Section 2. Approval of Abandonment of Drainage Easement. That the south ten (10)

foot portion of the rear twenty (20) foot utility and drainage easements described in the attached

Exhibit "A" are hereby abandoned and any right title or interest of the public in and to the south

ten (10) foot portion of the rear twenty (20) foot portion of the drainage and utility easements on

any recorded map or plat is hereby renounced and reclaimed.

Section 3. The effect of this Ordinance is to abandon the south ten (10) foot portion of

the rear platted twenty (20) foot utility and drainage easement of the above described drainage and

utility easements and to renounce or disclaim any right title or interest of the public in and to said

drainage and utility easement.

Section 4. Recordation.

The City Council hereby directs that this Ordinance be

recorded in the public records of St. Lucie County Florida.

Section 5. Conflict. If any ordinances, or parts of ordinances, or if any sections, or parts

of sections, of the Code of Ordinances of the City of Port St. Lucie, Florida, are in conflict

herewith, this Ordinance shall control to the extent of the conflicting provisions.

Section 6. Severability. The provisions of this Ordinance are intended to be severable. If

any provision of this Ordinance is determined to be void or is declared illegal, invalid, or

ORDINANCE 18 - 61

unconstitutional by a Court of competent jurisdiction, the remainder of this Ordinance shall remain

in full force and effect.

Section 7. Effective Date.

This Ordinance shall become effective ten (10) days after

final adoption on second reading.

PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida

this day of , 2018.

CITY COUNCILATTEST:

CITY OF PORT ST. LUCIE

By:Karen A. Phillips, City Clerk

Gregory J. Oravec, Mayor

APPROVED AS TO FORM:

By:James D. Stokes, Interim City Attorney

EXHIBIT "A"

TYPE OF SURVEY: BOUNDARY PLOT PLAN U/C TIE IN FOUNDATION FINALCOMPLETED ON: 8-02-18 8-09-18

LEGAL DESCRIPTION:

SURVEYOR ' S REPORT:LOT 52 IN BLOCK 458 OF PORT ST. LUCIE 1. UNLESS OTHERWISE NOTED ONLY PLATTED

EASEMENTS

ARESECTION TWENTY SI X. ACCORDING

TO

THE SHOWN HEREON.2. NO

UNDERGROUND

UTILITIES

OR

IMPROVEMENTS

WEREPLAT THEREOF AS RECORDED IN PLAT BOOK14, PAGE

4. PAGES

4A THROUGH

4C. OFTHE PUBLIC RECORDS OF ST. LUCIE COUNTY,FLORIDA.

LOCATED UNLESS OTHERWISE SHOWN.3. THIS SITE LIES WITHIN FLOOD ZONE ' X ' , ACCORDING

TOTHE FLOOD INSURANCE RATE MAP,

CC$MUNITY

PANEL NO.1211100280 J, EFFECTIVE DATE FEBRUARY 18, 2012.

4. FLOOD ZONE SHOWN HEREON IS AN INTERPRETATION BY THEABANDONMENT OF

SURVEYOR AND IS PROVIDED AS A COURTESY.

THE

FLOODEASEMENT DETAIL

ZONE SHOULD BE VERIFIED BY A

DETERMINATION AGENCY.5. BEARINGS SHOWN HEREON ARE

BASED ON THE

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ROYCE AVENUE60' R/W - 20' ASPHALT ROAD

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LAST FIELD DATE:

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CJM H8 TITLE, INC.• .

Port St. Lucie, Florida 34983 BANK OF AMERICAJOB NO.: Phone: (772) 340-7770 ALLIANT NA11ONAL TITLE INSURANCE COMPANY

18-4072Fax: (772) 340-2250 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

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ATTACHME-NT

"3" to Council AgendaMemorandum

(Location Map)

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1115 NE Royce AvenueAbandonment of Easement

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PORT ST. LUCIE CITY COUNCIL

AGENDA ITEM SUMMARY

Meeting Date: November 13, 2018

Agenda Item #: 1 OC

PLACEMENT: First Reading of Ordinances

ACTION REQUESTED: Motion / Vote

AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF A UTILITY

AND DRAINAGE EASEMENTS AFFECTING LOT 52, BLOCK 458, PORT ST. LUCIE

SECTION TWENTY-SIX, RECORDED IN PLAT BOOK 14, PAGE4 OF THE PUBLIC

RECORDS OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING

FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

SUBMITTED BY: Edith Majewski, Special Projects Coordinator, Public Works

STRATEGIC PLAN LINK: The City' s Mission to be responsive to our community.

EXECUTIVE SUMMARY (General Business): The owners of 115 NE Royce Avenue are requesting to

abandon 10-feet of the property's 20-foot wide rear drainage and utility easement to construct a

pool, deck, and screen enclosure.

PRESENTATION INFORMATION: N/A

STAFF RECOMMENDATION: Move that the Council approve to abandon 10-feet of the rear 20-foot

drainage and utility easement located at 115 NE Royce Avenue.

ALTERNATE RECOMMENDATIONS:

1. Move that the Council amend the recommendation and approve the Abandonment of Easement.

2. Move that the Council not approve the Abandonment of Easement and provide staff direction.

BACKGROUND: The property located at 115 NE Royce Avenue was platted with a rear 20-foot wide

drainage and utility easement. The owners desire to construct a pool, pool deck, and screen

enclosure 10-feet into the rear 20-foot easement. Prior to construction of the pool, a 10-foot wide

portion of the easement will need to be abandoned. The owners of the property have submitted a

request for the abandonment to the City.

ISSUES/ANALYSIS: The request to abandon a portion of the easement was evaluated by the Public

Works Department, Utility Systems Department, and the Public Utility Companies (AT&T, FPL,

Comcast and Florida City Gas). The City Departments and Utility Companies have no objection to

the abandonment of 10-feet of the 20-foot rear easement of 1825 SW Leafy Road.

Agenda Memorandum (General Business) V3.6

SPECIAL CONSIDERATION; N/A

LOCATION OF PROJECT; The property is located at 115 NE Royce Avenue which has the followinglegal description: Lot 52, Block 458 in Port St. Lucie Section Twenty-Six.

ATTACHMENTS:

L Staff Menlo from the City Attorney's Office to Public Works dated 11/2/2018.2. Ordinance with Exhibit "A" (Sketch and Legal Description)3. Location Map

NOTE; All of the listed items in the "Attachment" section above are in the custody of the City Clerk. Any item(s) notprovided in City Council packets are available upon request from the City Clerk.

LEGAL SUFFICIENCY REVIEW;

Reviewed by Ella Gilbert, Deputy City Attorney. Approved as to Legal form and sufficiency by J mesD. Stokes, Interim City Attorney.

ROUTING:

1. Department requesting Agenda Item: Public Works Department

APPROVAL(S):2. Department preparing Agenda Item: Public Works Interim Director Roxanne Che 4 W3. Secondary Department Approval: N/A4. City Manager's Office: Jesus Merejo, Utility Systems Director and Special Project5. City Manager's Office: N/A

6. City Manager: Russ Blackburn

t,t^ Sul<i ,tf,'n,oran, u n (Ge•neml (lu.siiievs) 1 1.6

NOV Q 5 2013.

CITY MANAGER'S OFFICE

ATTACHMENT"1" to Council Agenda

Memorandum

(Staff Memo from theCity Attorney's Officeto Public Works dated

11/2/2018)

CITY OF PORT ST. LUCIEOffice of tltc' (itt' f1tt0i'!le'('

MEMORANDUM

f0:

Roxanne Chesser. Interim Director. Public Works

TILRU:

James D. Stokes, Esq., Interim ( ' ity Attorne "

FROM:

I IIa \1. Gilbert. Deput n ('ity Attorney C i(VIIJ

DATE:

November 5, 2018

RF::

ORDINAN('F lti-R\N ORDINAN('F PROVIDING FOR 1111• AI3ANDONMI N 1 01 A I'OR I ION

OF A I JfII.ITY AND DRAINAGE. EASLMEN I S AFFECTING LOT 52, BLOUK458, PORI SI . I.11('IF SE('1'ION TWENTY-SIX, RECORDED IN I'IA I (BOOK14. PA(iIi4 01 I IIL. Pt 1)1J( RI:CORDS OI' S. I UCH .. ('OtJNTY. Fl .( )R I :PROVII)IN(i FOR ('ONFII': PROVIDING FOR SI'.VI :.RMill I I \ : ANDPROVIDING AN FFFLL IVl: DATE..

I'he attached Ordinance has been reviewed by the ('ity Attorney's Office with respect to therequest for an Abandonment of a Portion of a Utility and Drainage Easement for the propertylocated at 1 15 NI' Royce Avenue, Port St. Lucie, Florida. by the property (1 ncr(sl. Arturo Maciasand Rosauda Macias.

Ilie request for the Abandonment of Easement and all supporting documentation has beenrcvieu ed and approved as to legal foram and sufficiency. As such, the attached Ordinance has beenprepared for presentment to the ('ity Council for review and approval.

This office has confirmed that the attached survey and legal description has been reviewed andapproved by the Public Works Department I.Jpon inturmation and belief, the request for theAbandonment of Easement has been re%Iewed and recommended for approk al by the Public \\ orksDepartment and the Utility Systems I )eparttnent. The agenda item shall be prepared and presentedto the ('ity Council by the Public Works Department.

1 . \I(i jI

.\ttaclnnents: Ordinance I8-R

ith Exhibitscc: Edith Nlajewski. Project Coordinator

ATTACHMENT"2" to Council Agenda

Memorandum

Ordinance withattached Exhibit "A"

(Sketch and. LegalDescription)