PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF A DEED OF AGRICULTURAL EASEMENT FROM BECKER B-14 GROVE, LTD., AS A CONDITION OF THE APPROVED DISCOVERY PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE DISCOVERY PROJECT
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EXECUTIVE SUMMARY:
executive summary
This is a request for the approval of a Deed of Agricultural Easement for 846.41 acres from Becker B-14 Grove, Ltd., a Florida limited partnership (Becker), to Conservation Florida, Inc., a Florida not-for-profit corporation and Martin County (County), as provided in special condition number 16.C of the approved PUD Zoning Agreement for Discovery PUD.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Becker B-14 Grove, Ltd.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Documents Drafted by:
Conservation Florida, Inc.
2. Parties:
Becker B-14 Grove, Ltd., Grantor
Conservation Florida, Inc., Co-Grantee
Martin County, Co-Grantee
3. Purpose:
Permanent agricultural / conservation easement that is required as outlined in Special Condition 16.C of the approved Discovery PUD Zoning Agreement of the Becker Tree Farm Parcel.
4. New/Renewal/Modified:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Agricultural / Conservation - 846.41 acres
7. Costs to Martin County:
None. Grantor will pay recording fees and Co-Grantee Conservation Florida will pay all other costs.
As a special condition of the approved Discovery PUD Zoning Agreement Section F 16.C, Becker is to place the Becker Tree Farm Parcel into a permanent agricultural easement within 60 days of the approval of the Phase 2A Final Site Plan.
The PUD provides protection and management of natural lands in perpetuity over and above minimum wetland and upland preserve area and open space requirements and provides the perpetual management and/or maintenance of off-site lands encumbered by an agricultural/conservation easement including a funding mechanism for the required management and maintenance.
This Deed of Agricultural Easement is a permanent agricultural easement benefitting the County and restricting the future use of the Becker Tree Farm Parcel to agricultural purposes only and prohibiting any future development of the Becker Tree Farm Parcel.
The County has agreed that Conservation Florida, Inc., (co-Grantee) is a “qualified third party” for purposes of compliance with the requirements of the PUD Agreement. The County will serve as co-Grantee to ensure the perpetual enforcement of the provisions of the Deed of Agricultural Easement as required to comply with the provisions of the PUD Agreement.
The Applicant has provided the required due diligence materials and the Real Property Division has confirmed ownership of the property to be conveyed. There are no mortgages encumbering the dedicated premises.
The County is awaiting the final approved signed Appendix 5 - Farmstead/Development Area Survey which will be provided through supplemental memo.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Deed of Agricultural Easement from Becker B-14 Grove, Ltd., a Florida limited partnership, to Conservation Florida, Inc., a Florida not-for-profit corporation and Martin County, as provided in special condition number 16.C of the approved the Discovery PUD Zoning Agreement for the Discovery and authorize the Chairman to sign any and all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Pull the item and provide staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
None
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Deed of Agricultural 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>.