PLACEMENT: Consent
TITLE:
title
ADOPT A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT ON COUNTY OWNED PROPERTY LOCATED WITHIN CERTAIN UNOPENED RIGHT-OF-WAY KNOWN AS SW KANSAS AVENUE IN STUART
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a resolution approving and accepting a Utility Easement on County owned property, pursuant to Section 704.09, Florida Statutes. The easement is located along the south 644-feet of the 40-foot-wide unopened right-of-way of SW Kansas Avenue in Stuart. This request is necessary due to receipt of application to abandon right-of-way initiated for Operation 300 and to protect future County infrastructure.
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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. Documents Drafted by:
Martin County
2. Parties:
Martin County, Grantee and Grantor (pursuant to Section 704.09, Florida Statutes)
3. Purpose:
Acceptance of a Utility Easement to allow for future water, sewer and raw water lines.
4. New/Renewal/Modified:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Addition of a new easement to the County utility network
7. Costs to Martin County:
Minimal recording fees
At its September 5, 1923, meeting, the Board of County Commissioners of Palm Beach County, approved and declared a forty-foot (40’) wide right-of-way along SW Kansas Avenue as a public highway.
On February 19, 2025, the County received a letter from Operation 300 requesting the abandonment of the unopened portion of SW Kansas Avenue right-of-way. The County Utilities and Solid Waste Department has agreed to the abandonment of the south 644-feet of the 40’ wide unopened right-of-way, subject to the condition that the County retain a 40’ wide Utility Easement for future water, sewer and raw water lines.
County staff identified the need to preserve the corridor for future utility infrastructure. Pursuant to Section 704.09, Florida Statutes, an owner of real property may grant unto itself an easement, servitude, or other interest in such real property.
County staff has determined that reserving a Utility Easement is the appropriate mechanism to protect future County assets. Upon approval of the right-of-way abandonment, the County will retain access to install and maintain any necessary utility related equipment.
Sections 139.31 and 139.32, General Ordinances, Martin County Code, requires 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 have identified and addressed legal risks, and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution approving and accepting a Utility Easement on County owned property, unto itself, and authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff with an alternate recommendation.
FISCAL IMPACT:
RECOMMENDATION
Minimal recording fees.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: Utility Easement