CITY OF PORT ST LUCIE

Transcription

1 CITY OF PORT ST LUCIE COUNCIL AGENDA MEMORANDUM Agenda Item #: 11B Meeting Date: 5/22/17 TO: Mayor and City 1Council 2 VIA: Russ Blackburrit, ity Manager Patricia Roeblirg, P.E., Assistant City Manager / City Engine FROM: James E, Angstadt, P.E., Public Works Director /'I\ Agenda Item: Resolution: Starbucks at the Intersection of Gatlin Boulevard and Brescia Street - Accepting the Dedication of ROW via a Special Warranty Deed Submittal Date: 5/12/2017 STRATEGIC PLAN LINK:This item is consistent with Goal 3: Balanced and Responsible Sustainable Growth. BACKGROUND: The construction of a 2,118-square foot one-story Starbucks coffee shop with a drive through facility by Equitas Management Group, LLC, a Foreign limited liability company ("Equitas Management Group"), was approved at the January 9, 2017 City Council Meeting. Staff recommended an additional right turn lane onto Gatlin Boulevard during the December 14, 2016 Site Plan Review Committee. However, the existing right-of-way width along that portion of Brescia Street is insufficient to accommodate the additional right turn lane. Therefore, Equitas Management Group has proposed to dedicate this additional land as described in the attached Resolution. ANALYSIS: The purpose of the Resolution is to formally authorize the acceptance of the real property, which Equitas Management Group will be dedicating to the City of Port St. Lucie for right-of-way. The subject property is more specifically described in the Special Warranty Deed that is attached as Composite Exhibit "A" to the Resolution. FINANCIAL INFORMATION: Equitas Management Group, LLC will be responsible for any and all costs associated with this conveyance. LEGAL INFORMATION: 5/12/2017. Approved by Staff Attorney Ella M. Gilbert as to form on Council Agenda Memorandum V I.3

2 STAFF RECOMMENDATION: Acceptance of the subject property for use as right-ofway is recommended by the Public Works Department. SPECIAL CONSIDERATION: N/A PRESENTATION INFORMATION: N/A REQUESTED MEETING DATE: 5/22/2017 LOCATION OF PROJECT: Northwest corner of Gatlin Boulevard and Brescia Street ATTACHMENTS: Resolution with Exhibits, Location Map Council Agenda Memorandum V 1.3

3 RESOLUTION 17-R32 Item: 11B Date: 5/22/17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA, ACCEPTING A SPECIAL WARRANTY DEED FROM EQUITAS MANAGEMENT GROUP, LLC, A FOREIGN LIMITED LIABILITY COMPANY, CONCERNING THE CONVEYANCE OF PROPERTY FOR USE AS RIGHT-OF- WAY AT BRESCIA STREET AND GATLIN BOULEVARD (REFERENCE P16-184) AND FURTHER AUTHORIZING THE RECORDATION OF SAID SPECIAL WARRANTY DEED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Equitas Management Group, LLC, a Foreign limited liability company ("Equitas Management Group"), is the owner of certain real property consisting of approximately acres that is located at the northwest corner of Gatlin Boulevard and Brescia Street; and WHEREAS, Equitas Management Group is proposing to construct, under Minor Site Plan Application (P16-184) approved by the City Council of the City of Port St. Lucie ("City") on or about January 9, 2017, a 2,118 square foot Starbucks coffee shop with a drive-through facility; and WHEREAS, the Minor Site Plan Application (P16-184) included the provision of an additional right turn lane from Brescia Street unto Gatlin Boulevard by Equitas Management Group. WHEREAS, the existing right-of-way width along that portion of Brescia Street is insufficient to accommodate the additional right turn lane. Therefore, Equitas Management Group, LLC has proposed to dedicate this additional land to the City of Port St. Lucie as right-of-way; and WHEREAS, Equitas Management Group has executed and presented to the City a Special Warranty Deed, which is attached hereto as Exhibit "A", conveying said title of acres to the City, declaring and designating the property as a public right-of-way, and for all purposes incidental thereto; and WHEREAS, with the Brescia Road being in proximity to the Starbucks, the proposed dedication will grant ease of access to the business and will subsequently provide for the safety of the residents in the area; and WHERAS, the purpose of this Resolution is to formally accept ownership of the real property, free and clear of any encumbrances; including the payment by Equitas Management Group of any real estate taxes attributable to that portion of property being conveyed to the City as described in said Special Warranty Deed; and

4 RESOLUTION 17-R32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA, AS FOLLOWS: Section 1. The City Council of the City of Port St. Lucie, Florida hereby adopts and ratifies those matters set forth in the foregoing recitals. Section 2. The Special Warranty Deed serves to release the property from any encumbrances of record, attached hereto and incorporated herein as Exhibit "A" t S ction 3. The City Council of the City of Port St. Lucie, Florida hereby accepts the Special Warranty Deed, attached hereto as Exhibit "A" and further authorizes the recording of said Special Warranty Deed in the public records of St. Lucie County. Section 4. If any Resolution, or parts of any Resolution, are in conflict herewith, this Resolution shall control to the extent of the conflicting provisions. Section 5. The provisions of this Resolution are intended to be severable. If any part of this Resolution is determined to be void or is held to be illegal, invalid, or unconstitutional by a Court of competent jurisdiction, then the remainder of this Resolution shall remain in full force and effect and this Resolution shall nevertheless stand and be construed as if the illegal or invalid part or portion had not been included herein. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this 22'd day of May, CITY COUNCIL CITY OF PORT ST. LUCIE ATTEST: BY: Gregory J. Oravec, Mayor BY: Karen A. Phillips, City Clerk APPROVED AS TO FORM: BY: O. Reginald Osenton, City Attorney

5 Exhibit "A" (to Resolution 17-R 30- Special Warranty Deed)

6 Prepared by and retu rn to: Equitas Management Group, LLC Attention: Stephen P. Parish 2034 Hamilton Place Blvd., Suite 400 Chattanooga, TN Parcel ID #: Portion of Portion of Special Warranty Deed THIS SPECIAL WARRANTY DEED, executed this day of, 2017, by EQUITAS MANAGEMENT GROUP, LLC, a Tennessee limited liability company ("Grantor"), whose address is 2034 Hamilton Place Boulevard, Suite 400, Chattanooga, Tennessee 37421, to the CITY OF PORT ST. LUCIE, a Florida municipal corporation ("Grantee"), whose address is 121 S.W. Port St. Lucie Boulevard, Port St. Lucie, Florida WITNESSETH: That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all of Grantor's right, title and interest in and to that certain real property situate, lying and being in St. Lucie County, Florida (hereinafter referred to as the "Property"), and being more particularly described in Exhibit A attached hereto, incorporated by reference and made a part hereof. TOGETHER with the improvements thereon and all tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO (i) current taxes and assessments not yet delinquent and taxes and assessments for subsequent years; (ii) all laws, ordinances, and governmental regulations, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations; and (iii) easements, restrictions, agreements, conditions, limitations, reservations and other matters of record, if any, but this reference to the foregoing shall not operate to reimpose the same. TO HAVE AND TO HOLD the Property, with all and singular the rights, members and appurtenances thereof, belonging or in anywise appertaining to Grantee, its successors and assigns, forever. GRANTOR, for itself and its successors, does covenant, promise and agree, to and with the Grantee, its successors and assigns, that it has not done, or suffered to be clone, anything whereby the Property is, or may be, in any manner encumbered or charged, except as set forth above, and that it will SPECIALLY WARRANT AND FOREVER DEFEND the Property against all persons lawfully claiming the same by, through or under it, but not otherwise, subject to the Permitted Exceptions. GRANTOR further covenants with Grantee that the Grantor is lawfully seized of said land in fee simple and that the Grantor has good right and lawful authority to sell and convey the land.

7 IN WITNESS WHEREOF, Grantor has executed and delivered this Special Warranty Deed as of the day and year first above written. EQUITAS MANAGEMENT GROUP, LLC a Tennessee limited liability company Signed, sealed and delivered in the presence of: By: J. Christopher Hall Executive Vice President I st Witness Name: 2nd Witness Name: State of Tennessee County of Hamilton The foregoing instrument was acknowledged before me this day of, 2017, by J. Christopher I-Iall, who is personally known to me or who produced as identification and who did not take an oath. Notary Public My Commission Expires:

8 Exhibit A Property Description A PORTION OF LOT 15 AND LOT 16, BLOCK 1732, OF PORT ST. LUCIE, SECTION THIRTY-FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES 10, 10A - 10P, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHERN POINT OF CURVATURE AT THE NORTHEAST CORNER OF SAID LOT 16, BLOCK 1732, OF PORT ST. LUCIE, SECTION THIRTY-FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES 10, 10A - 10P, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; ALSO BEING A POINT ON THE WEST RIGHT OF WAY LINE OF SW BRESCIA STREET; THENCE RUN SOO'01 ' 46" E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF FEET TO A POINT ON A CURVE CONCAVE NORTH HAVING A RADIUS OF 22, FEET, A CHORD BEARING OF S88'53 ' 57" W AND A CHORD DISTANCE OF FEET; SAID POINT ALSO BEING THE NORTH RIGHT OF WAY LINE OF SW GATLIN BOULEVARD PER OFFICIAL RECORDS BOOK 319, PAGE 2833, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 00'01 ' 44", A DISTANCE OF FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE, RUN N00'01 ' 46" W, A DISTANCE OF FEET TO THE NORTHERLY LINE OF SAID LOT 16 BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF FEET, A CHORD BEARING OF S28' 39 ' 28" E AND A CHORD DISTANCE OF FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 57' 15 ' 23", A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINS 2018 SQUARE FEET OR ACRES, MORE OR LESS.

9 LEGAL DESCRIPTION: SKETCH OF DESCRIPTION (PAGE 1 OF 2) A PORTION OF LOT 15 AND LOT 16, BLOCK 1732, OF PORT ST. LUCIE, SECTION THIRTY-FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES 10, 10A - 10P, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHERN POINT OF CURVATURE AT THE NORTHEAST CORNER OF SAID LOT 16, BLOCK 1732, OF PORT ST. LUCIE, SECTION THIRTY-FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGES 10, 10A - 10P, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; ALSO BEING A POINT ON THE WEST RIGHT OF WAY LINE OF SW BRESCIA STREET; THENCE RUN SOO'01 '46" E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF FEET TO A POINT ON A CURVE CONCAVE NORTH HAVING A RADIUS OF 22, FEET, A CHORD BEARING OF S88'53 '57" W AND A CHORD DISTANCE OF FEET; SAID POINT ALSO BEING THE NORTH RIGHT OF WAY LINE OF SW GATLIN BOULEVARD PER OFFICIAL RECORDS BOOK 319, PAGE 2833, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTH RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 00'01 '44", A DISTANCE OF FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE, RUN NOO'01 ' 46" W, A DISTANCE OF FEET TO THE NORTHERLY LINE OF SAID LOT 16 BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF FEET, A CHORD BEARING OF S28'39 '28" E AND A CHORD DISTANCE OF FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 57'15 '23", A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINS 2018 SQUARE FEET OR ACRES, MORE OR LESS. ' JOB # CF#SLC15-10-SOD-RW DATE: SCALE: 1' = 30' DRAWN BY: PJT REVISIONS REVISED:03/01/17RCJ Altamax Surveying 910 Belle Avenue, Suite 1140 Casselberry, FL Phone: Licensed Business No Digitally signed by Robert C Johnson Date: :09:40-05'00' Robert C. Johnson PSM 5551 PREPARED FOR: GENERAL NOTES: INTERPLAN, LLC 1. Bearing structure based on the monumented West Right of Way line of SW Brescia Street: Being S00 01'46"E, Public Records of St. Lucie County, Florida 2. This surveyor has not made a search of the public records for any dedications, limitations, restrictions or easements other than shown hereon. 3. This Sketch of Description has been made for the exclusive use of the entities prepared for, hereon and does not extend to any unnamed parties. 4. This Sketch of Description is not a Survey. 5. This Survey is "Not Valid" without the signature and the original raised seal of this Florida licensed Surveyor and Mapper, unless provided with electronic signature with the ability to validate. (See: for instructions on signature validation). The seal appearing on this document was authorized by Robert C Johnson on the Date of the electronic signature. LEGEND - CENTERUNE CM - CONCRETE MONUMENT CONC - CONCRETE COVD - COVERED CP - CONCRETE PAD CW - CONCRETE WALKWAY A - CENTRAL ANGLE D&M - DESCRIBED & MEASURED DE - DRAINAGE EASEMENT (D) - DESCRIPTION DW - DRIVEWAY E/P - EDGE OF PAVEMENT ESMT - EASEMENT FH - FIRE HYDRANT FND - FOUND IP - IRON PIPE IR - IRON ROD L - ARC LENGTH (M) - MEASURED MS - METAL SHED N&D - NAIL & DISK OW - OVERHEAD WIRE ORB - OFFICIAL RECORDS BOOK P&M - PLAT & MEASURED PB - PLAT BOOK PG - PAGE POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT R - RADIUS R/W - RIGHT OF WAY TR - TELEPHONE RISER TYP - TYPICAL UE - UTILRY EASEMENT UP - UTILITY POLE - NUMBER

10 SKETCH OF DESCRIPTION (PAGE 2 OF 2) w 0 S R/W, SW KENWICK AVE SWKENWICK AVENUE (60 ' PUBLIC R/W) P.O.B. SOUTHERN P.C. NE CORNER LOT 16 E- LOT 16 N BLOCK (I) LOT ' N. R/W LINE (PER ORB 319, PAGE 2833) SW GATLIN BOULEVARD (R/W WIDTH VARIES) CURVE Cl C2 RADIUS ' ' DELTA ANGLE 0'01'44" 57'15 '23" ARC LENGTH 11.48' CHORD BEARING S88' 53'57" W S28' 39 '28' E CHORD LENGTH ' 23.96' Altamax Surveying 910 Belle Avenue, Suite 1140 Casselberry, FL Phone: Licensed Business No GRAPHIC SCALE INCH - 30 FT.

11 SW GATLIN BLVD Starbucks at Brescia/Gatlin Road Right-of-Way Donation Mar 13, 2017

12 CITY OF PORT ST. LUCIE CITY ATTORNEY MEMORANDUM TO: FROM: FRANK KNOTT, PROJECT MANAGER ELLA M. GILBERT, STAFF ATTORNEY?WO DATE: MAY 12, 2017 SUBJECT: RESOLUTION 17-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA, ACCEPTING A SPECIAL WARRANTY DEED FROM EQUITAS MANAGEMENT GROUP, LLC, A FOREIGN LIMITED LIABILITY COMPANY, CONCERNING THE CONVEYANCE OF PROPERTY FOR USE AS RIGHT-OF-WAY AT BRESCIA STREET AND GATLIN BOULEVARD (REFERENCE P16-184) AND FURTHER AUTHORIZING THE RECORDATION OF SAID SPECIAL WARRANTY DEED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Pursuant to the Public Works Department's request, I have prepared a Resolution for review and approval by the City Council for the Equitas Management Group, LLC a/k/a Starbucks right-of-way dedication at Brescia Street and Gatlin Boulevard. Please attach the City Surveyor's Approval of the Sketch and Legal Description and Location Map as Exhibits to the City Council Agenda Memorandum. Accordingly, the required Resolution for review and approval by the City Council is attached. The Resolution authorizes the acceptance of the Special Warranty Deed and further authorizes the recording of said Special Warranty Deed in the public records of St. Lucie County, Florida. Please process this Resolution as required for placement of this matter on the agenda for the appropriate City Council Meeting. If you have any questions, please do not hesitate to contact me. EMG/bb Attachments: Resolution 17-R with Exhibits cc: O. Reginald Osenton, City Attorney Roxanne Chesser, P.E., Assistant Public Works Director 121 S.W. Port St. Lucie Boulevard Port St. Lucie, Florida (772) Fax: (772) TDD: (772)