PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
REQUEST ABANDONMENT OF A PORTION OF PLATTED RIGHT-OF-WAY, LYING WITHIN RIO ST. LUCIE TERRACE
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EXECUTIVE SUMMARY:
executive summary
This is a request for the Board to consider the abandonment of a portion of platted right-of-way.
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DEPARTMENT: Public Works
PREPARED BY: Name: Michael J. Grzelka, P.E.
Title: County Engineer
REQUESTED BY: Rio North Dixie, LLC
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Rio North Dixie, LLC (“Petitioner”) respectfully requests that the Board consider the abandonment of approximately 9,763 square feet of opened platted right-of-way, as shown in Exhibit “A”, lying within Rio St. Lucie Terrace.
All parcels abutting the subject right-of-way are owned by Rio South Dixie, LLC. Upon approval, the abandoned right-of-way will be incorporated into The Preserve at Rio Marine Village project and will be privately owned and maintained in perpetuity.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi -judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the Agenda Item Summary and all of its attachments for the record as Exhibit 1;
2. Move that the Board adopt the Resolution abandoning portions of platted right-of-way, lying within Rio St. Lucie Terrace, as described in Exhibit “A”, subject with the following conditions precedent:
a. Proper publication of a Notice of Adoption of this Resolution; and
b. Receipt by Martin County of a privilege fee in the amount of $70,000; and
3. Move that the Board authorize the Chair to execute all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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