TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA
TITLE: A Resolution of the City Commission of the City of North Port, Florida, Terminating Portions of Utility Grant of Easements in Sections 28, 29, 32, and 33, Township 39 South, Range 21 East Located in Sarasota County Florida; Providing for Incorporation of Recitals; Providing for Partial Termination and Release of Easements; Providing for Filing of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
Recommended Action
Option 1: Approve Resolution No. 2026-R-31 as presented.
City Commission Options
Option 1: Approve Resolution No. 2026-R-31 as presented.
• Pros: Approving the termination of easements ensures the developer unrestricted use of land and provides development flexibility.
• Cons: There are no foreseeable disadvantages to approving this Resolution.
Option 2: Deny Resolution No. 2026-R-31 as presented.
• Pros: There are no foreseeable advantages to denying the Resolution.
• Cons: Easements will exist on the property that are not necessary, which could prohibit the way the developer can use the land in the future.
Background Information
The City of North Port, as a successor to General Development Utilities, Inc., previously operated and maintained an effluent tank, and appurtenances by non-exclusive ingress and egress easements on property currently owned by Sabal Trace Development Partners, LLC (Sabal Trace). These easements were previously granted under the Central Parc Phase 3 plan recorded in Plat Book 59, Pages 294 through 305.
Section 3 of the Water and Wastewater System Developers Agreement, approved by the City Commission at the July 23, 2019 Regular Meeting, between the City of North Port and Sabal Trace Development Partners, LLC states the developer is to remove the old facilities and install new water, wastewater, and reclaimed water facilities, and any existing City easements relating to the old facilities are to be terminated or vacated before or concurrently with creation of the replacement easements. The removal of the old facilities has been completed.
The City Commission approved the new easements for the plat of Central Parc Phase 3 on September 9, 2025, and the current request is to terminate only those portions of the legacy easements that fall within the plat area without affecting easements shown on the approved plat. The draft Partial Termination of Grant of Easements defines the released property as all land described on the plat of Central Parc Phase 3, recorded in Plat Book 59, Pages 294 through 305, Public Records of Sarasota County, Florida. Prior recorded instruments show that the City used substantially the same approach for Central Parc Phase 1 in February 2024 under Resolution No. 2024-R-09 and Central Parc Phase 2 in January 2025 under Resolution No. 2025-R-12, releasing only the portions of the same legacy easements located within each respective released property while preserving easements shown on the new plats.
Resolution No. 2026-R-31 has been reviewed by the City Attorney and is legally correct as to form.
Resolution No. 2026-R-31 has been provided to the City Clerk’s office on May 4, 2026, for signatures, subject to City Commission approval.
Strategic Plan
Infrastructure & Facilities Integrity
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Resolution No. 2026-R-31
2. Resolution No. 2025-R-14
3. Resolution No. 2024-R-09
4. Developers Agreement
Prepared by: Michelle Tipp, Utilities Senior Business Manager
Department Director: Tricia Wisner, Utilities Director