PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A NON-EXCLUSIVE FLOW THROUGH DRAINAGE AND ACCESS EASEMENT AND APPROVAL OF A PARTIAL RELEASE OF DRAINAGE EASEMENT FOR STUART AUTO VAULT LLC
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EXECUTIVE SUMMARY:
executive summary
This request seeks the adoption of a Resolution approving and accepting a Non-Exclusive Flow-Through Drainage and Access Easement (Flow Through Easement), along with a Partial Release of Drainage Easement (Partial Release) from Stuart Auto Vault LLC (SAV), a Florida limited liability company. The acceptance of these instruments will relieve the County of any future maintenance responsibilities on the SAV property.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Stuart Auto Vault, LLC - Jeremiah Baron
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Flow-Through Drainage and Access Easement and Partial Release of Drainage Easement Prepared By:
Martin County
2. Parties to the Flow-Through Easement:
Stuart Auto Vault LLC - Grantor
Martin County - Grantee
3. Purpose of the Easement:
To allow owner to replace a worn-out drainage system and to perform perpetual maintenance, relieving the County of any future maintenance responsibility.
4. New/Renewal/Modified:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Relieving the County of any future maintenance responsibility on the Stuart Auto Vault property.
7. Cost to Martin County:
Minimal Recording Fees
Staff received a request from SAV (property owner) requesting the County:
a. accept a Flow Through Easement along the SAV parcel; and
b. issue a Partial Release of the County’s existing Drainage Easement (DE), which relieves the County of any future maintenance responsibilities along the SAV parcels.
The County acquired a Drainage Easement (OR BK 723 PG 1774) from Monterey Flowers, Inc. in 1987 for stormwater drainage purposes. Since then, the original parcel has been subdivided into various individual parcels.
SAV is requesting the County release a portion of the DE that runs along two of their parcels. In exchange, SAV will grant the County a Flow-Through Easement, which will allow for the continued effective drainage function while transferring all future maintenance responsibilities to SAV.
County staff has reviewed the request and determined that a partial release of the DE, along with the acceptance of the new Flow-Through Drainage Easement would be beneficial to the County by eliminating costs associated with any future maintenance obligations on this portion of the drainage system.
SAV has submitted all required documentation, and the Real Property Division has confirmed current ownership of the parcel, and the mortgage company is aware of the easements.
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, and staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board:
1. Adopt a Resolution approving and accepting the new Non-Exclusive Flow-Through Drainage and Access Easement, and
2. Approve and direct the Chair to execute the Partial Release of Drainage Easement along the property owned by Stuart Auto Vault LLC; and
3. Authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with alternative direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: Partial Release of Drainage Easement
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>.