PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION ACCEPTING AND APPROVING THE PARTIAL RELEASE OF A NON-EXCLUSIVE WATER AND SEWER EASEMENT BETWEEN THE CITY OF STUART AND MARTIN COUNTY AT THE MARTIN COUNTY AIRPORT
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a resolution approving and accepting a Partial Release of Non-Exclusive Water and Sewer Easement from the City of Stuart, releasing a portion of an existing Non-Exclusive Water and Sewer Easement dated September 25, 2012, recorded in OR Book 2664, Page 1888, of the Public Records of Martin County, Florida (“2012 Utility Easement”). It has been determined a portion of the 2012 Utility Easement is no longer needed and can be released.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Andrew McBean, C.M., Airport Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Partial Release drafted by:
Martin County
2. Parties to the Partial Release:
Martin County - Grantor
City of Stuart - Grantee
3. Purpose of the Partial Release:
Release a portion of the 2012 Utility Easement no longer needed on County-owned property at Witham Field
4. New/Renewal/Modification:
Modification - releasing a portion of the 2012 Utility Easement, the remainder of the 2012 Utility Easement shall continue in full force and effect
5. Duration:
Perpetual
6. Benefits to Martin County:
Release a portion of a utility easement no longer needed for utility services on County-owned property
7. Cost to Martin County:
Minimal recording fees
The City of Stuart provides utility services to the APP Jet Center located on County-owned property at the Martin County Airport, Witham Field, which includes the 2012 Utility Easement, and, most recently as part of the APP Jet Center’s Hangar 10 Project, a Utility Easement Agreement approved by the Board of County Commissioners on September 9, 2025 (Agenda 25-1246), recorded in OR Book 3523, Page 990, Public Records of Martin County, Florida.
Following the acceptance of the Utility Easement Agreement on September 9, 2025, County staff received a request for the release of a portion of the existing 2012 Utility Easement due to the re-routing of utility services. County staff has determined that a portion of the 2012 Utility Easement is no longer needed, and a partial release is appropriate.
Staff with the City of Stuart presented the Partial Release of Non-Exclusive Water and Sewer Easement to the City Commission, and the City Commission approved and executed the document pursuant to City Resolution Number 08-2026 on January 26, 2026. The Partial Release is now being presented for acceptance by the Board of County Commissioners.
The sketch and legal description for the portion of the 2012 Utility Easement to be released has been provided to, reviewed, and approved by the County Surveying Division.
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 by 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 has identified and addressed legal risks and has developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board accept the Partial Release of Non-Exclusive Water and Sewer Easement from the City of Stuart and adopt a Resolution approving and accepting the release of a portion of the existing 2012 Utility Easement located on County-owned property, which portion has been determined to no longer be needed for utility service at Martin County Airport, Witham Field, and (ii) authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide direction to staff.
FISCAL IMPACT:
RECOMMENDATION
None
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Funding Source |
County Funds |
Non-County Funds |
|
Recording Fees Resolution & Partial Release |
(not to exceed) $88.00 |
|
|
Subtotal |
$88.00 |
|
|
Project Total |
$88.00 |
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: Partial Release of Non-Exclusive Water and Sewer Easement