PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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REQUEST FOR ABANDONMENT OF A 6-FOOT-WIDE UTILITY EASEMENT, LOCATED ON LOT 10, LYING WITHIN THE LIMITS OF MARGOLO ESTATES
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EXECUTIVE SUMMARY:
executive summary
This is a request for the Board to consider a Petition to Abandon a 6-foot-wide Utility Easement located in Margolo Estates, Palm City, and further described in the attached petition for abandonment. No abandonment of right-of-way, or other fee ownership is being requested under this Petition.
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DEPARTMENT: Public Works
PREPARED BY: Name: Jet Martel, PSM
Title: Acting County Surveyor
REQUESTED BY: Christopher and Jordan Pinkston
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
By Petition to Abandon, Christopher and Jordan Pinkston request that the Board consider the abandonment of a utility easement located on Lot 10, Margolo Estates, as recorded in Plat Book 7, Page 37, Public Records of Martin County Florida. The Petitioner, owners of Lot 10, are seeking this abandonment since there is no existing or intended use for the Easement. The Petition involves only the Utility Easement; no property owner will be deprived of legal access to adjoining property.
The Petitioner is the owner of the property on which the easement is located, including the fee simple interest in the land underlying the easement, as recorded in Official Records Book 2810, Page 2065, Public Records of Martin County, Florida. The property abutting the easement to the North and East is Florida Department of Transportation right-of-way.
The Petition is limited in scope to the abandonment of the easement. No abandonment of right-of-way or other fee ownership is being requested under this Petition. This Petition, and the requested abandonment, will have no impact on the public for use and will not affect the public’s rights of access to navigable water. As the Petition only involves a utility easement, no property owner shall be deprived of legal access to their property as a result of this utility easement being abandoned.
ISSUES:
Section 139.2 of the Maritn County Code of Ordinances requires a privilege fee for abandonment and vacation of County property and roads; however, the Board may waive the privilege fee required upon a showing of good cause. The Petitioner has requested that the privilege fee be waived as it is not receiving any additional land in conjunction with the proposed abandonment.
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross-examine witnesses, present evidence, demand that witnesses testify under oath and demand a decision that is based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the Agenda Item Summary and all of its attachments for the record as Exhibit 1;
2. Move that the Board agree to waive the privilege fee, finding good cause shown by the Petitioner since the Abandonment involves only a Utility Easement.
3. Move that the Board adopt the Resolution for the Abandonment of the Utility Easement, with the following conditions:
a. Publication one time within thirty (30) days of a Notice of Adoption of this Resolution in a newspaper of general circulation published in Martin County, Florida.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: