PLACEMENT: Consent
TITLE:
title
REQUEST TO RELEASE A UNITY OF TITLE FOR TRACT 7, BLOCK 70 ST LUCIE INLET FARMS PLAT
end
EXECUTIVE SUMMARY:
executive summary
McCarthy Summers, Wood, Norman, Melby & Schultz, P.A. on behalf of Hunter Lakes, LLC., has requested the release of Unity of Title affecting the subject property described as Tract 7, Block 70 St. Lucie Inlet Farms Plat, Plat Book 1, Page 98 of the Public Records of Martin County, Florida.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Luis Aguilar
Title: Principal Planner
REQUESTED BY: McCarthy Summers, Wood, Norman, Melby & Schultz, P.A. on behalf of Hunter Lakes, LLC.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
McCarthy Summers, Wood, Norman, Melby & Schultz, P.A. on behalf of Hunter Lakes, LLC, has requested the release of Unity of Title affecting the subject property described as Tract 7, Block 70 Saint Lucie Inlet Farms according to the plat thereof recorded in Plat Book 1, Page 98 of the Public Records of Palm Beach (now Martin County), Florida, Less and Except the South 40 feet thereof. The subject property is located at 5323 SE Cable Drive, in Stuart.
A final site plan for a residential subdivision including 20 single family lots (Hunter Lake Project) was approved on January 7, 2019. A plat that is consistent with this approved final site plan is currently under review. This approved final site plan superseded the previously approved final site plan in 2005.
A Unity of Title was recorded in 2005 for the purposes of constructing of a residential subdivision known as Hunter Lake in Stuart, Martin County, Florida (Book 02068, Page 0458). This 2005 site plan was never constructed. The 2005 Unity of Title encumbers all of Tract 7, Block 70, as platted in Plat Book 1, Page 98, Martin County (“Tract 7”), but Hunter Lakes LLC does not own the South 40 feet thereof due to dedication of that property for public right-of-way along SE Salerno Road.
The 2005 Unity of Title requires all of Tract 7 to be considered as one plot and parcel of land except for the sale of individual subdivision lots; however, the proposed current Hunter Lakes plat provides conveyances other than individual subdivision lots, including open space and drainage, stormwater preservation, interior road, and access to tracts to The Hunter Lakes Property Owners Association, Inc. Additionally, the plat includes a 17.5-foot strip to be conveyed and dedicated to Martin County as additional public right-of-way for SE Salerno Road. The applicant is requesting the release of the 2005 Unity of Title in order to convey the land outside the individual subdivision lots.
A unity of title was recorded with the 2019 approval which allowed for the individual lots and common elements to be conveyed through recordation of a plat. The recordation of the current plat would release this 2019 unity of title.
The following supporting materials are attached to this Agenda Item:
Application for release of Unity of Title
Resolution releasing the Unity of Title
Exhibit A, 2005 Unity of Title
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with the
applicable law, has identified and addressed legal risks, and has developed strategies for legal
defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution releasing the 2005 Unity of Title.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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