PLACEMENT: Consent
TITLE:
title
ADOPTION OF RESOLUTIONS REGARDING UTILITY EASEMENTS FROM WAL-MART STORES EAST, LP FOR WATER AND SEWER-RELATED SERVICES ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF US HIGHWAY 1 AND SE MARKET PLACE IN STUART
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of two Resolutions: one approving and accepting two Second Corrective Utility Easements correcting scrivener’s errors and legal descriptions on the previously approved Corrective Utility Easements, and the other approving and accepting of a new Utility Easement from Wal-Mart Stores East, LP (Wal-Mart). Also included is a request for approval of a Partial Release of Utility Easement to allow for continued water and sewer related services on the property located at the Northeast corner of US Highway 1 and SE Market Place in Stuart.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Samuel Amerson, Utilities and Solid Waste Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Documents and Easements Prepared By:
Martin County
2. Parties to the Easements:
Wal-Mart Stores East, LP, a Delaware limited partnership, Grantor
Martin County, Grantee
3. Purpose of the Easements:
To correct scrivener’s errors in the previously recorded Corrective Utility Easements, and to release and relocate a portion of the existing Utility Easement to allow for continued water and sewer related services.
4. New/Renewal/Modification:
Modification/New
5. Duration:
Perpetual
6. Benefits to Martin County:
Correction of existing Utility Easements, improved alignment of infrastructure, and continued
water and sewer services within the County’s utility network.
7. Cost to Martin County:
Minimal recording fees
In late 2004, during planning and construction of the Wal-Mart store in Stuart, three (3) Utility Easements (UEs) were recorded between Wal-Mart and Martin County. The original UEs were never accepted, approved, or adopted by Resolution of the Board of County Commissioners (BOCC). Therefore, all 3 had to be corrected via a Corrective Utility Easement.
The first Utility Easement:
• Original: Recorded in OR BK 1951, PG 1474 (November 1, 2004)
• Corrected: Recorded in OR BK 2236, PG 2452 and accepted via Resolution 07-3.6; corrected due to scrivener’s errors in the legal description and acceptance by the BOCC.
• Action Needed: Further corrected via a Second Corrective Utility Easement to address additional scrivener’s error on page one (incorrect recording reference). Also included is a Partial Release of Utility Easement from the County for release of a portion of this UE to accommodate continued utility service, and a new Utility Easement for relocation of a new portion to replace the released section.
The second Utility Easement:
• Original: Recorded in OR BK 2027, PG 1747 (June 21, 2005)
• Corrected: Recorded in OR BK 2236, PG 2448 and accepted via Resolution 07-3.6; corrected due to scrivener’s errors in legal description and acceptance by the BOCC.
• Action Needed: Further corrected via a Second Corrective Utility Easement to address additional scrivener’s error on page one (incorrect recording reference).
The third Utility Easement:
• Original: Recorded in OR BK 2027, PG 1751 (June 21, 2005)
• Corrected: Recorded in OR BK 2236, PG 2444 and accepted via Resolution 07-3.6; corrected due to scrivener’s errors in legal description and acceptance by the BOCC.
• Action Needed: No further action needed.
At staff’s direction, Wal-Mart has executed two (2) new Second Corrective Utility Easements to address the scrivener’s errors contained in the first two easement documents described above, along with a new Utility Easement to cover the portion being released as stated on the Partial Release of Utility Easement by the County.
Staff is requesting the BOCC adopt 2 Resolutions;
• One for the approval and acceptance of the new Utility Easement, to replace the section being released by the County;
• A Second for the approval and acceptance of the 2 Corrective Utility Easements.
Additionally, staff is requesting execution by the BOCC of a Partial Release of Utility Easement, which will remove a section of the previously approved UE and CUE, replacing it with a new UE for connected service due to added construction of a new drive-thru.
The Real Property Division has confirmed ownership of the easement premises in Wal-Mart Stores East, LP, a Delaware limited partnership, and there are no mortgages on the easement premises.
Sec. 139.31 and 139.32, General Ordinances, Martin County Code requires that any conveyance of an interest in the land to Martin County for any public purposes 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 staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board:
a. Adopt a Resolution approving and accepting the two Second Corrective Utility Easements conveyed by Wal-Mart Stores East, LP, a Delaware limited partnership; and
b. Approve the Partial Release of Utility Easement and adopt a second Resolution approving and accepting the new Utility Easement conveyed by Wal-Mart Stores East, LP; and
c. Authorize the Chair to execute all documents associated with this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff with an alternate recommendation.
FISCAL IMPACT:
RECOMMENDATION
Minimal title and recording fees paid by USD.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: 2 Resolutions and a Partial Release of Utility 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>.