CITY COUNCIL AGENDA ITEM
Memo Date: November 7, 2023
Agenda Date: November 14, 2023
Prepared By: Anthony Garganese, City Attorney
Through:
Requested Action:
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Approve Utilities Easements with Brightline Trains Florida, LLC and Mountain Cove Homes at Lakes at Cocoa Grove, LLC
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BACKGROUND:
The approval of the easements is contractually necessary to support two large detached, single-family residential development projects collectively consisting of over 700 future new homes. The genesis of these easements has a very long history, and a condensed outline of the history is as follows:
On August 24, 2004, the City Council, utilizing the alternative involuntary annexation procedures under Chapter 171, Florida Statutes, annexed approximately 757.29 acres of real property on the north and south side of State Road 528 and adjacent to the eastern boundary of I-95. The real property at the time was substantially owned by two property owners, Florida Space Needle, LLC and Berrera Shores, LLC. In conjunction with the annexation, the City Council approved a separate Preceding Development Agreement with both Florida Space Needle, LLC and Berrera Shores, LLC. The Agreements were recorded and are binding upon the properties. The annexation was challenged by Brevard County, and the City Council's annexation was upheld by the Florida 5th District Court of Appeals. The City, County and two property owners then entered into a recorded Stipulated Settlement Agreement, dated December 11, 2007, which ended the County's annexation challenge, and is binding on the subject property.
Since then, the subject property has changed hands. The property to the north was purchased by Virgin Trains USA Florida, LLC (then conveyed to Brightline Trains Florida LLC) and is currently owned by Brightline's affiliated development company, Mountain Cove Homes at Lakes at Cocoa Grove, LLC. The property to the south is currently owned by Beachline Partners, LLC, with the e...
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