PLACEMENT: Consent
TITLE:
title
ACCEPTANCE OF A UTILITY EASEMENT FROM BH STORAGE STUART, LLC, FOR FIRE AND WATER SERVICES ON SE FEDERAL HIGHWAY NORTH OF SE SALERNO ROAD
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution accepting and approving a Utility Easement from BH Storage Stuart, LLC, a Florida limited liability company, for fire and water services on the eastern side of SE Federal Highway north of SE Salerno Road in Stuart.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Samuel Amerson, Director, Utilities and Solid Waste Department
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Utility Easement Prepared By: Martin County
2. Parties to the Easement: BH Storage Stuart, LLC, Grantor
Martin County, Grantee
3. Purpose of the Easement: To allow for fire and water 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 BH Storage Stuart, LLC, a Florida limited liability company.
The easement premises are encumbered by a Real Estate Mortgage and Security Agreement in favor of Gulfside Bank, its successors and assigns, a Florida limited liability company, dated April 15, 2019, and recorded April 17, 2019, in Official Records Book 3053, Page 391, Martin County, Florida, public records, to which a Consent of Mortgagee instrument has been executed and 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, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Resolution accepting and approving the Utility Easement from BH Storage Stuart, LLC, a Florida 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. Title and recording fees to be paid by USD.
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>.