PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
REQUEST ABANDONMENT OF A PORTION OF DEEDED RIGHT-OF-WAY, RECORDED IN OFFICIAL RECORDS BOOK 1731, PAGE 5, PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA
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EXECUTIVE SUMMARY:
executive summary
This is a request for the Board to consider the abandonment of a portion of deeded right-of-way for SE Lares Avenue and a waiver of the required privileged fee in conjunction with the abandonment.
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DEPARTMENT: Public Works
PREPARED BY: Name: Michael J. Grzelka, P.E.
Title: County Engineer
REQUESTED BY: McCarthy Summers Wood Norman Melby Schultz Wood & VanValkenburgh on behalf of Boys & Girls Club of Martin County, Inc.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Boys & Girls Club of Martin County, Inc (“Petitioner”) respectfully requests that the Board consider the abandonment of approximately 2,148 square feet of deeded right-of-way, as shown in Exhibit “A”, lying within Gomez Grant and Jupiter Island, Martin County, Florida.
All parcels abutting the subject right-of-way are owned by Boys & Girls Club of Martin County, Inc. Upon approval, the Abandoned right-of-way will be incorporated into the Boys & Girls Club Hobe Sound project and will be privately owned and maintained in perpetuity.
Section 139.2 of the Martin 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 applicant is not-for-profit entity and has requested a waiver of the privilege fee.
This public hearing was advertised in The Stuart News on December 21, 2025.
ISSUES:
The Petitioner has requested that the privilege fee be waived.
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 adopt the Resolution abandoning portions of deeded right-of- way, lying within Gomez Grant and Jupiter Island, as described in Exhibit “A”, subject with the following conditions precedent:
a. Proper publication of a Notice of Adoption of this Resolution;
3. Move that the Board waive the privilege fee, if it finds good cause shown by the Petitioner; and
4. Move that the Board authorize the Chair to execute all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Move that the Board approve the abandonment and charge a privilege fee in the amount of $40,000.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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>.