PLACEMENT: Consent
TITLE:
title
REQUEST THAT MARTIN COUNTY GRANT AN UNDERGROUND EASEMENT TO FLORIDA POWER & LIGHT COMPANY (FPL) FOR UTILITY SERVICES ON COUNTY OWNED PROPERTY IN PALM CITY
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EXECUTIVE SUMMARY:
executive summary
FPL has requested approval of an Underground Easement to bury overhead power lines on County-owned property adjacent to Danforth Creek in Palm City. FPL requires that the County grant a non-exclusive Underground Easement prior to providing this service.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: John Maehl, Environmental Resource Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Agreement/Contract drafted by:
Florida Power & Light
2. Parties to the Agreement/Contract:
Martin County - Grantor
FPL - Grantee
3. Purpose of the Agreement/Contract:
Provide electric service to County-owned property
4. New/Renewal/Modification:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Electric services needed on County-owned property
7. Cost to Martin County:
Minimal recording fee
On April 15, 2014, the County entered into a 30-year public purpose lease with the Florida Department of Agriculture and Consumer Services (FDACS) for county-owned property adjacent to Danforth Creek west of Leighton Farms Avenue and east of SW 42nd Avenue. FDACS operates a Hybrid Wetland/Chemical Treatment Technology (HWCTT) facility on the property. The goal of the HWCTT is to cost effectively reduce contamination in the St. Lucie Estuary watershed. The operation of the facility requires the use of various pumping stations which are powered by electric.
FPL was requested to provide an extension of electrical services by burying overhead power lines on the property through FPL’s Storm Secure Underground Program. A non-exclusive Underground Easement is required for FPL to provide the service.
In compliance with Section 139.50 General Ordinances, Martin County Code, prior to granting this easement, the Board must consider the following:
1. The easement facilities provisions of the utility’s service on the County-owned parcel and provides added value to the site.
2. The service promotes the general welfare by providing the needed service for HWCTT.
3. The existence and location of the easement will not interfere with the use by County of the County property.
4. There is no consideration to be paid by FPL for the easement, as the extension of service is needed for County purposes.
5. FPL has agreed to cooperate in moving the easement if the County should require.
A sketch and legal description for the Utility Easement has been provided and approved.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with all applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board (i) grant Florida Power & Light Company, a Utility Easement on County-owned property, in compliance with Section 139.50, General Ordinances, Martin County Code, for extension of service and moving lines from above ground to underground for the Danforth Creek HWCTT and (ii) authorize the Chairman to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide direction to staff.
FISCAL IMPACT:
RECOMMENDATION
Nominal
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Easement
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>.