PORT ST. LUCIE CITY COUNCIL

Transcription

1 PORT ST. LUCIE CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: November 27, 2017 PLACEMENT: First Reading of Ordinances ACTION REQUESTED: Motion / Vote Agenda Item #: 1 OB AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF A UTILITY AND DRAINAGE EASEMENT AFFECTING LOT 37, BLOCK 3199, PORT ST. LUCIE SECTION FORTY-SEVEN, RECORDED IN PLAT BOOK 16, PAGE(S) 40, 40A THROUGH 40L, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. SUBMITTED BY: Edith Majewski, Special Projects Coordinator STRATEGIC PLAN LINK: The City ' s Mission to be responsive to our community. EXECUTIVE SUMMARY (General Business): The owners of 5469 NW Branch Avenue are requesting to abandon 10-feet of the property's 20-foot wide rear 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 wide drainage and utility easement located at 5469 NW Branch 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 5469 NW Branch Avenue was platted with a rear 20-foot wide drainage and utility easement. The owners desire to construct a pool, deck, and screen enclosure that will encroach 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 objections to the abandonment of 10-feet of the 20-foot rear easement of 5469 NW Branch Avenue. FINANCIAL INFORMATION: There are no direct or indirect costs to the City. Agenda Memorandum (General Business) V 2.3

2 SPECIAL CONSIDERATION: N/A LOCATION OF PROJECT: The property is located at 5469 NW Branch Avenue which has the following legal description: Lot 37, Block 3119 in Port St. Lucie Section Forty-Seven. ATTACHMENTS: 1. Staff Memo 2. Location Map 3. Ordinance NOTE: All of the listed items in the "Attachment" section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk. LEGAL SUFFICIENCY REVIEW: Reviewed by Ella Gilbert, Staff Attorney. Approved as to Legal form and sufficiency by O. Reginald Osenton, City Attorney. ROUTING: 1. Department requesting Agenda Item: N/A APPROVAL(S): 2. Department preparing Agenda Item: James Angstadt, Public Works Director 3. Secondary Department Approval: N/A 4. City Manager's Office: Jesus Merejo, Utility Systems Director and Special Projects_ 5. City Manager's Office: N/A 6. City Manager: Russ Blackburn NOV 2 0 f CITY Agenda Memorandum (General Business) V 2.3

3 COUNCIL ITEM 1 OB DATE ORDINANCE AN ORDINANCE PROVIDING THE ABANDONMENT OF A PORTION OF A UTILITY AND DRAINAGE EASEMENT AFFECTING LOT 37. BLOCK PORT ST. LUCIE SECTION FORTY-SEVEN. RECORDED IN PLAT BOOK 16. PAGE(S) A THROUGH 40L. OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA: PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant Jorge D. Borges and Iliana M. Borges. request approval for the abandonment of an unused portion of a drainage easement located at the south (10) feet portion of the platted twenty (20) foot utility and drainage easement of Lot 37. Block according to the plat thereof Port St. Lucie Section Forty-Seven. as recorded in Plat Book 16. Page(s) A through 40L. of the Public Records of St. Lucie County. Florida and more particularly described in the attached Exhibit -'A": and NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: Section 1. That the south (10) feet portion of the utility and drainage easement described in the attached Exhibit -A" are hereby abandoned and any right title or interest of the public in and to the south (10) feet portion of the drainage and utility easement on any recorded map or plat is hereby renounced and reclaimed. Section 2. The effect of this Ordinance is to abandon the south (10) feet of the above described drainage and utility easement and to renounce or disclaim any right title or interest of the public in and to said drainage and utility easement. Section 3. The City Council hereby directs that this ordinance be recorded in the public records of St. Lucie County Florida a certified copy of this Ordinance. Section 4. If any section sentence clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction that holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. of such conflict hereby repealed. Section 6. final adoption. All Ordinances or parts of Ordinances in conflict herewith are to the extent That this Ordinance shall become effective immediately (10) days after its

4 ORDINANCE PASSED AND APPROVED by the City Council of the City of Port St. Lucie, this day of ATTEST: CITY COUNCIL CITY OF PORT ST. LUCIE Karen A. Phillips. City Clerk By: Gregory J. Orayec. Mayor APPROVED AS TO FORM: By: 0. Reginald Osenton. City Attorney

5 CITY OF PORT ST. L UCIE Public Works Department Accredited Agency - American Public Works Association Memorandum TO: FROM: DATE: SUBJECT: REGGIE OSENTON, CITY ATTORNEY JAMES ANGSTADT, RE., PUBLIC WORKS DIRECTOR OCTOBER 25, 2017 ABANDONMENT OF EASEMENT LOT 37, BLOCK 3199, PSL SECTION 47 0fi The attached paperwork was submitted to this office regarding abandoning a portion of the rear 20- foot drainage and utility easement of Lot 37, Block 3199, of Section 47. Attached for your use is a map of the lot requesting the abandonment of easement. We would like to submit this item for scheduling on the next City Council agenda and would need a draft Ordinance from your office in order to do so. Should you have any questions or need additional information, please call me. Thank you for your assistance. JA/em Attachments 121 S.W. Port St. Lucie Boulevard Port St. Lucie, FL / / Fax 772/ TDD Line 772/

6 CITY OF PORT ST. LUCIE Office of the City Attorney MEMORANDUM TO: James Angstadt, P.E., Public Works Director THRU: O. Reginald Osenton, City Attorney OL3 FROM: Ella M. Gilbert, Staff Attorney 013 DATE: November 13, 2017 RE: ORDINANCE 17-R_ AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF A UTILITY AND DRAINAGE EASEMENT AFFECTING LOT 37, BLOCK 3199, PORT ST. LUCIE SECTION FORTY-SEVEN, RECORDED IN PLAT BOOK 16, PAGE(S) 40, 40A THROUGH 40L, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The attached Ordinance has been prepared by the City Attorney's Office with respect to the request for an Abandonment of a Residential Easement for the property located at 5469 NW Branch Ave, Port St. Lucie, Florida by the property owner(s), Jorge D. Borges and Iliana M. Borges. The request for the Abandonment of Easement and all supporting documentation has been reviewed and approved as to legal form and sufficiency. As such, the attached Ordinance has been prepared for presentment to the City Council for review and approval. This office has confirmed that the attached survey and legal description has been reviewed and approved by the Public Works Department. Upon information and belief, the request for the Abandonment of Easement has been reviewed and recommended for approval by the Public Works Department and the Utility Systems Department. The agenda item shall be prepared and presented to the City Council by the Public Works Department. EMG/jl Attachments: Ordinance 17-R with Exhibits cc: Edith Majewski, Project Coordinator

7 L_ - BOYDGA- DOLLY Abandonment of Easement 5469 NW Branch Avenue Map produced by the Ctyof Port St Lucie City Council Map Generator Wabsite on: 10/25/2017 Scale: I t t t l t t I mi

8 TYPE OF SURVEY: BOUNDARY COMPLETED ON: LEGAL DESCRIPTION: 0M LOT 37 IN BLOCK 3199 OF PORT ST. LUCIE SECTION FOURTY SEVEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE 40, PAGES 40A THROUGH 40L, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. EASEMENT ABANDONMENT DETAIL 0 N U R= ' '26 " F L=58.91' WO IU_ C Z 0 Po 6=001'05 22 L=5866. *- R= ' 0 v) _ L-- EASEMENT ABANDONMENT DESCRIPTION: THE NORTH FEET OF THE SOUTH FEET OF LOT 37, BLOCK 3199 OF PORT ST. LUCIE SECTION FORTY-SEVEN ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE 40, PAGES 40A THROUGH 40L, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. E E '- PLOT PLAN U C 11E IN FOUNDATION FINAL SURVEYOR ' S REPORT: 1. UNLESS OTHERWISE NOTED ONLY PLATTED EASEMENTS ARE SHOWN HEREON. 2. NO UNDERGROUND UTILITIES OR IMPROVEMENTS WERE LOCATED UNLESS OTHERWISE SHOWN. 3. THIS SITE LIES WITHIN FLOOD ZONE 'X ACCORDING TO THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO C0260 J, EFFECTIVE DATE FEBRUARY 16, FLOOD ZONE SHOWN HEREON IS AN INTERPRETATION BY THE SURVEYOR AND IS PROVIDED AS A COURTESY. THE FLOOD ZONE SHOULD BE VERIFIED BY A DETERMINATION AGENCY. 5. BEARINGS SHORN HEREON ARE BASED ON THE EAST LINE OF LOT 37 AS BEING S04'05 ' 45 " W ACCORDING TO THE PLAT DESCRIBED HEREON. 6. ALL LOT DIMENSIONS SHOWN ARE PER PLAT UNLESS OTHERWISE NOTED. ALL SURVEY MEASUREMENTS ARE IN FEET. 7. ALL MAPPED FEATURES SHOWN HEREON ARE UNDER THE DIRECT SUPERVISION AND RESPONSIBILITY OF ALEXANDER J. PIAZZA PSM, INC. 8. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 9. ADDITIONS OR DELETIONS TO THE SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT CONSENT OF THE SIGNING PARTY OR PARTIES. BRANCH AVENUE 60' R/W - 20' ASPHALT ROAD SITE BENCHMARK PAINTED NAVD 1988 m; pw nu_ o Z w Q U W W N 0 4 Lq a FENCE CORNER 0.5 ' 1 OF pl a4 0 3 Z 0- a. ao N W M x w W W W co a Zwl- 00.> Z N W 0Z->. 00 Z 0:0 - - < 0U U -, t r'e v) ajx-c7-- - mcw -o z L > ^a aao'0 ^ U) Ww- Tara U-. II II 11 II II II II II II M w m 0 Qua 0.0o!J4^ SCALE: 1 "=30 ' DATE: DRANK: J06 NO.: CJM IW BRANCH AVENUE ALEXANDER J. PIAZZA PSM, INC. Surveying Mapping Consulting 619 SW Biltmore Street Port St. Lucle, Florida DATE: ADD ABANDONMENT EASEMENT Phone: (772) (772) LB/72B0 Fax: CERTIFIED TO: JORGE BORGES (LIANA BORGES LAST FIELD DATE: FB :I r I - l K:\BUILDERS\DWG2016\ dwg, 8/23/2017 4:38:01 PM