PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING TEN PERPETUAL EASEMENTS, FOR SHORELINE RESTORATION, AS PART OF THE MACARTHUR BOULEVARD DUNE AND BEACH PROJECT
end
EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution accepting and approving ten Perpetual Easements from property owners along MacArthur Boulevard providing access to complete the MacArthur Boulevard Dune and Beach Project, which will restore and maintain the dune along the Atlantic Ocean side of MacArthur Boulevard.
body
DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Jessica Garland, Coastal Program Manager
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Easements prepared by:
Martin County
2. Parties to the Easements:
Property owners - Grantors
Martin County - Grantee
3. Purpose of the Easements:
Restoration and maintenance of the dune along the eastern side of MacArthur Boulevard
4. New/Renewal/Modification:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Addition of new easements to the County for restoration and maintenance of the dune along MacArthur Boulevard
7. Cost to Martin County:
Title Reports, mailing and recording fees: Less than $3,500
The MacArthur Boulevard Dune was damaged during the 2004 Hurricanes Frances and Jeanne. Immediately following those storms, a FEMA project was completed to restore the dune. In September 2022, Hurricane Ian passed over the State of Florida, and in November 2022, Hurricane Nicole made landfall in Fort Pierce which caused significant erosion to the Martin County shoreline. The MacArthur Boulevard Dune requires extensive restoration work. Staff will obtain all necessary permits and easements to construct this project. Florida Department of Environmental Protection (FDEP) funds have been allocated during the December 2022 special legislative session for a portion of this project. Construction is proposed for FY26 in conjunction with the Hutchinson Island Shore Protection Project, and funds will be needed to cover the difference remaining from the FDEP grant. The United States Army Corps of Engineers requires all easements be perpetual.
Perpetual Easements were sent to property owners along the eastern side of MacArthur Boulevard, and staff has received 10 of the 43 Easements. The Environmental Resource Division requests acceptance of a Resolution approving these ten (10) Perpetual Easements to avoid further costs and delays.
The Real Property Division has confirmed ownership of each of the easement areas. 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 legal staff have identified legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution approving and accepting the ten Perpetual Easements from property owners along MacArthur Boulevard and authorize the Chair to execute any and all documents associated with this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with alternative direction.
FISCAL IMPACT:
RECOMMENDATION
|
Funding Source |
County Funds |
Non-County Funds |
|
Title Reports - O&E Reports (10 parcels) |
$2,250.00 |
|
|
Recording and Mailing Fees (less than $1,250) |
$1,250.00 |
|
|
Account: 3201-1307-xxxxx-537-2028 |
|
|
|
Subtotal |
$3,500.00 |
|
|
TOTAL |
$3,500.00 |
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>.