PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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REQUEST ABANDONMENT OF A PORTION OF THE PLATTED SE LAKE DRIVE RIGHT-OF-WAY, LYING WITHIN THE LIMITS OF OLYMPIA PLAT NO. 3 AND ACCEPTANCE OF REAL PROPERTY AS DEDICATED RIGHT-OF-WAY
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EXECUTIVE SUMMARY:
executive summary
This is a request for the Board to consider a Petition to Abandon a portion of platted SE Lake Drive right-of-way and accepting real property as dedicated right-of-way and a waiver of the required privilege fee in conjunction with the abandonment.
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DEPARTMENT: Public Works
PREPARED BY: Name: Thomas M. Walker, Jr., PSM and Lisa A. Wichser, P.E., CFM
Title: County Surveyor and County Engineer
REQUESTED BY: The Banner Lake Club, Inc.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On April 11, 2018, the Martin County Growth Management Director issued a Development Order approving the Revised Final Site Plan for the Banner Lake Club (project B128-003) that was recorded in Martin County Official Records Book 2996, Page 733. More specifically, this approval of the Revised Final Site Plan is for the construction of a 9,222 square foot community center and the associated infrastructure on a 4.28 acre parcel located south of CR-708 (SE Bridge Road) and west of SE Lantana Road in Hobe Sound. The approval includes the reconstrutcion of on-street public parking along SE Lantana Avenue.
Pursuant to Condition I of the Development Order, the Developer has submitted a Petition to Abandon 1,341 square feet (Exhibit “A”) of unopened right-of-way for SE Lake Drive in exchange for the conveyance of two pieces of property totaling 5,997 square feet (Exhibits “B” and “C”) to be conveyed to the County that include paved parking that will become public parking. Condition I further requires a public hearing for the Board of County Commissioners to consider the application to take place prior to issuance of the Certificate of Occupancy for the Community Center.
Sec. 139.31 and 139.32, General Ordinances, Martin County Code, require that any conveyance of an interest in land to Martin County for any public purpose shall be accepted and approved by resolution by the Board of County Commissioners of Martin County. The Petitioner has provided a Special Warranty Deed to convey the two (2) parcels to Martin County.
ISSUES:
Section 139.2 of the Martin County Code of Ordinances requires a privilege fee for abandonment and vacation of County property and roads; however, the Board may waive the privilege fee required upon a showing of good cause. The Petitioner has requested that the privilege fee be waived as it is conveying properties to Martin County and reconstructing on-street public parking in conjunction with the proposed abandonment.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
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 agree to waive the privilege fee, finding good cause shown by the Petitioner by conveyance of the two (2) parcels to Martin County and reconstruction of the on-street public parking.
3. Move the Board adopt the Resolution accepting and approving the Special Warranty Deed from the Petitioner, dedicating the property received as right-of-way, and abandoning a portion of unopened SE Lake Drive lying within Olympia Plat No. 3, in Hobe Sound with the following conditions precedent:
a. conveyance of the two (2) parcels to Martin County; and
b. proper publication of a Notice of Adoption of this Resolution.
4. Move that the Board authorize the Chairman to execute all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Move that the Board deny the Petition to Abandon and require the Petitioner to further amend the Revised Final Site Plan.
FISCAL IMPACT:
RECOMMENDATION
The application fee for the Petition to Abandon is $3,200.
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Funding Source |
County Funds |
Non-County Funds |
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Commission District 3 MSTU discretionary |
$3,200 |
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Subtotal |
$3,200 |
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Project Total |
$3,200 |
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: Warranty Deed