PLACEMENT: Departmental
TITLE:
title
CONSIDER A RESOLUTION APPROVING A CONVEYANCE OF PROPERTY AND ACCEPTANCE OF PROPERTY PURSUANT TO SECTION 125.38, FLA. STAT. IN ACCORDANCE WITH PAL MAR SETTLEMENT AGREEMENT
end
EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a resolution authorizing a property exchange pursuant to a Settlement, Land Exchange, and Purchase Agreement with Be a Man Buy Land, LLC in the case of Be a Man Buy Land, LLC vs. S. FL Water Man. Dist.; FL Fish and Wildlife Cons. Comm.; The Board of Trustees of the Internal Improv. Trust Fund of the State of FL; and Martin County. The property exchange provides for a 2:1 swap of approximately 559 acres of land in exchange for 1,099 acres from Be A Man Buy Land, LLC.
body
DEPARTMENT: County Attorney
PREPARED BY: Name: Sarah Woods
Title: County Attorney
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On November 12, 2024, the Martin County BOCC voted to approve a Settlement, Land Exchange, and Purchase Agreement (“Settlement Agreement”) in the case of: Be a Man Buy Land, LLC vs. S. FL Water Man. Dist.; FL Fish and Wildlife Cons. Comm.; The Board of Trustees of the Internal Improv. Trust Fund of the State of FL; and Martin County; Case No. 2023-CA-000052.
Pursuant to the Settlement Agreement, Be a Man Buy Land, LLC is required to swap land it owns at a ratio of 2:1 in environmentally sensitive middle and eastern portions of Pal Mar, for County and South Florida Water Management District (SFWMD) owned land (either solely or jointly; approx. 559 acres) in the North Chimney portion of Pal Mar. This equates to the County receiving (both solely and jointly) approx. 1,099 acres in the middle and eastern portions of Pal Mar.
Section 125.37, Fla. Stat. provides that before any exchange of County property, a notice setting forth the terms and conditions of such exchange of property shall be published once a week, for at least two weeks, before adoption of the resolution authorizing the exchange by the Board. Such notice was published on February 11 and 18, 2025 in the Treasure Coast Newspaper.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and legal staff have identified and addressed legal risks and developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Resolution.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.