PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION ACCEPTING AND APPROVING A UTILITY EASEMENT FROM IM 02 JENSEN LLC AND IM 02 JENSEN RESI LLC, ALONG NE INDIAN RIVER DRIVE IN JENSEN BEACH
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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 IM 02 Jensen LLC, a Delaware limited liability company, and IM 02 Jensen Resi LLC, a Delaware limited liability company, to allow for water and sewer related services and equipment on two parcels, both having the same managing member, located at 2225 and 2105 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 Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Utility Easement prepared by:
Martin County
2. Parties to the Easement:
IM 02 Jensen LLC, a Delaware limited liability company and IM 02 Jensen Resi LLC, a Delaware limited liability company, Grantor(s)
Martin County, Grantee
3. Purpose of the Easement:
To allow for water and sewer related services and equipment
4. New/Renewal/Modification:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Addition of a new easement to the County utility network
7. Cost to Martin County:
Minimal title and recording fees
The Real Property Division has confirmed ownership of the easement premises in IM 02 Jensen LLC, a Delaware limited liability company, and IM 02 Jensen Resi LLC, a Delaware limited liability company, both having the same managing member.
Section 704.09, Florida Statutes, enacted in 2024, expressly allows the creation of an easement, servitude, or other interest in individually owned property under the same managing member.
The easement premises is encumbered by a Mortgage to Amerant Bank, N.A., a national association and by a Mortgage to AA Marina, LLLP, a Florida limited liability limited partnership. Consents of Mortgagee(s) for each Mortgage are attached to the Utility Easement.
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 accepting and approving the Utility Easement conveyed by IM 02 Jensen LLC, a Delaware limited liability company, and IM 02 Jensen Resi LLC, a Delaware limited liability company, and authorize the Chair to execute any documents associated with this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff with alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
Minimal title and recording fees paid by USD.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: