Legislation Details

File #: 26-0842   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 5/19/2026 Final action:
Title: ADOPTION OF A RESOLUTION ACCEPTING AND APPROVING A UTILITY EASEMENT FROM THE ESTATE OF MARION L. KIRBY, ALONG NE SANTA CRUZ DRIVE IN JENSEN BEACH
Attachments: 1. Location Map.pdf, 2. Signed UE.pdf, 3. Resolution.pdf

PLACEMENT: Consent

TITLE:

title  

ADOPTION OF A RESOLUTION ACCEPTING AND APPROVING A UTILITY EASEMENT FROM THE ESTATE OF MARION L. KIRBY, ALONG NE SANTA CRUZ DRIVE IN JENSEN BEACH

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution accepting and approving a Utility Easement from the Estate of Marion L. Kirby to allow for the installation of water and sewer related services and equipment to serve the properties along NE Santa Cruz Drive, north of NE Alice Street, in Jensen Beach.

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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.                      Utility Easement prepared by:

Martin County

 

2.                     Parties to the Easement:

The Estate of Marion L. Kirby, Grantor 

Martin County, Grantee

 

3.                     Purpose of the Easement:

To allow for water and sewer related services and equipment                      to serve the properties along NE Santa Cruz Drive

 

4.                     New/Renewal/Modification:

New

 

5.                     Duration:

Perpetual

 

6.                     Benefits to Martin County:

Addition of a new easement to the County utility network

 

7.                     Cost to Martin County:

Minimal title and recording fees

 

As part of the Septic to Sewer Conversion Program, the Utilities & Solid Waste Department has requested a Utility Easement along NE Santa Cruz Drive, which is a privately owned and maintained road right-of-way that currently does not allow for the extension of Public Utilities. This Utility Easement will allow for such assets upon adoption of the Resolution.

 

The Real Property Division has confirmed ownership of the easement premises in the Estate of Marion L. Kirby, and the easement has been executed by the personal representative of the estate.

 

There are no mortgages or encumbrances 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 (i) adopt the Resolution accepting and approving the Utility Easement conveyed by the Estate of Marion L. Kirby and (ii) 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: