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Martin County

File #: 24-0864   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 5/14/2024 Final action:
Title: ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT FROM IM 02 JENSEN LLC, A DELAWARE LIMITED LIABILITY COMPANY, ALONG NE INDIAN RIVER DRIVE FOR THE FOUR FISH MARINA MAJOR FINAL SITE PLAN
Attachments: 1. Location Map.pdf, 2. Easement Resolution.pdf, 3. Executed Utility Easement pkg.pdf

PLACEMENT: Consent

TITLE:

title  

ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT FROM IM 02 JENSEN LLC, A DELAWARE LIMITED LIABILITY COMPANY, ALONG NE INDIAN RIVER DRIVE FOR THE FOUR FISH MARINA MAJOR FINAL SITE PLAN

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution approving and accepting a Utility Easement from IM 02 Jensen LLC, to allow for utility assets to be constructed by the developer and turned over to Martin County as part of the Four Fish Marina Major Final Site Plan along NE Indian River Drive in Jensen Beach.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla T. Segura, FRP                     

                     Title:                     Real Property Manager                     

REQUESTED BY: Samuel Amerson, Utilities and Solid Waste Department Director                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Utility Easement Prepared By:

Martin County

 

2.                     Parties to the Easement:

IM 02 LLC, a Delaware limited liability company, Grantor

Martin County, Grantee

 

3.                     Purpose of the Easement:

To allow for water related services

 

4.                     New/Renewal/Modified:

New

 

5.                     Duration:

Perpetual

 

6.                     Benefits to Martin County:

Addition of a new easement to the County utility network

 

7.                     Cost to Martin County:

None.

The Real Property Division has confirmed ownership of the easement premises in IM 02 Jensen LLC, a Delaware limited liability company. The easement premises is encumbered by a mortgage through Amerant Bank, N.A. and Consent of Mortgagee is attached to the utility easement.

 

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 from the Board of County Commissioners of Martin County.

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and staff has identified and addressed legal risk and developed strategies for legal defensibility, as applicable.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board adopt a Resolution approving and accepting the Utility Easement conveyed by IM 02 Jensen LLC, a Delaware limited liability company, and authorize the Chairman to execute any and all documents associated with this transaction.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and direct staff with an alternate recommendation.

 

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>.