Legislation Details

File #: 25-0116   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 9/24/2024 Final action:
Title: REQUEST APPROVAL FOR THE ADOPTION OF A RESOLUTION ACCEPTING TWENTY-ONE (21) UTILITY EASEMENTS IN RIO FOR THE BANYAN TREE WATER AND SEWER PROJECT IN JENSEN BEACH
Attachments: 1. MARTIN COUNTY.pdf, 2. Resolutiion.pdf, 3. 010025-040 SKT-DESC BANYAN (LOTS AC) REV 6-19-24 REB.pdf, 4. Executed UE - 1136 Dixie Hwy - Banyan Ter UE - 08.19.24 - 3958.pdf, 5. Executed UE - 1085 Banyan Ter UE - 01.27.24 - 3960.pdf, 6. Executed UE - Lot R Banyan Ter UE - 03.03.24 - 3965.pdf, 7. Executed UE - 1016 Banyan Ter UE - 01.29.24 - 3966.pdf, 8. Executed UE - 966 Banyan Ter UE - 02.07.24 - 3969.pdf, 9. Executed UE - 935 Banyan Ter UE - 01.14.24 - 3973.pdf

PLACEMENT: Consent

TITLE:

title  

REQUEST APPROVAL FOR THE ADOPTION OF A RESOLUTION ACCEPTING TWENTY-ONE (21) UTILITY EASEMENTS IN RIO FOR THE BANYAN TREE WATER AND SEWER PROJECT IN JENSEN BEACH

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution accepting and approving 21 Utility Easements in Rio for the NE Banyan Tree Drive water and sewer project.  This project will run south of NE Dixie Highway along NE Banyan Tree Drive in Rio, which is part of Jensen Beach. 

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla T. Segura, FRP                     

                     Title:                     Real Property Manager                     

REQUESTED BY: Sam Amerson, Utilities and Solid Waste Director                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Utility Easement Prepared by:

Martin County

 

2.                     Parties to the Easements:

Property owners, Grantors

Martin County, Grantee

 

3.                     Purpose of the Easements:

Provide water and sewer connections along NE Banyan Tree Drive

 

4.                     New/Renewal/Modified:

New

 

5.                     Duration:

Perpetual

 

6.                     Benefits to Martin County:

Addition of new Utility Easements into the County’s Utility Network

 

7.                     Cost to Martin County:

Title work and recording fees not to exceed $20,000.

 

The Utilities and Solid Waste Department has requested water and sewer connections for properties along NE Banyan Tree Drive. The property owners have consented to the connections. The estimated value of the water and sewer services is approximately $10,100 per lot, these lots fall within the Community Redevelopment Area (CRA).

In February 2024, Real Property sent out the prepared Utility Easements (UEs).  The easements were not executed and returned until August 2024. Due to the delay and subsequent necessary changes to the parcels and UEs, revised easements were sent to the representatives of NE Banyan Tree Drive for re-signing. Attached to this agenda are UEs that are ready for recording.   

Given the timelines and potential changes, staff is requesting the Board’s approval of the project and the adoption of a resolution listing all parcels on Exhibit “A: for NE Banyan Tree Drive. Once the remaining UEs are completed, they will be recorded promptly with the approved resolution.

The Real Property Division has verified the ownership of each easement area and has obtained the necessary Consents of Mortgagee where applicable.

According to Sec. 139.31 and 139.32 of the General Ordinances, Martin County Code, any conveyance of an interest in land to Martin County for public purposes must be accepted and approved by a 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 if 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 Easements from the owners of properties along NE Banyan Tree Drive as identified in Exhibit “A” to the Resolution for the Rio water and sewer project and authorize the Chairman to execute any and all documents necessary to complete this transaction. 

 

ALTERNATIVE RECOMMENDATIONS

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

 

FISCAL IMPACT:

 

RECOMMENDATION

NE Banyan Tree Drive Project - CRA - Title and Recording Fees not to exceed $20,000.

                     

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>.