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Martin County

File #: 19-0317   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 2/26/2019 Final action:
Title: ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A NON-EXCLUSIVE EASEMENT FROM STUART YACHT CORPORATION, A FLORIDA CORPORATION (STUART YACHT) FOR UTILITY RELATED EQUIPMENT, INCLUDING BUT NOT LIMITED TO, WATER SERVICE LINE AND PIPING
Attachments: 1. Location Map.pdf, 2. Resolution.pdf, 3. Non-Exclusive Easement (Executed).pdf

PLACEMENT: Consent

TITLE:

title  

ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A NON-EXCLUSIVE EASEMENT FROM STUART YACHT CORPORATION, A FLORIDA CORPORATION (STUART YACHT) FOR UTILITY RELATED EQUIPMENT, INCLUDING BUT NOT LIMITED TO, WATER SERVICE LINE AND PIPING

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution accepting and approving a Non-Exclusive Easement from Stuart Yacht, located south of SW Salerno Road and east of SW Chase Court, for the installation of a water line and piping for an adjacent homeowner, William and Geraldine Miller, to connect their water line.  Stuart Yacht has agreed to this non-exclusive easement.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla T. Segura                     

                     Title:                     Real Property Manager                     

REQUESTED BY: Samuel Amerson, Director, Utilities and Solid Waste Department                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1. Utility Easement Prepared By:                     Martin County and

Tyson J. Waters, Esq., for Stuart Yacht

 

2. Parties to the Easement:                      Stuart Yacht Corporation, Grantor

Martin County, Grantee

3. Purpose of the Easement:                      Installation of a water line and piping for water service to an adjacent homeowner.

4. New/Renewal/Modified:                                           New

5. Duration:                                                                                     Perpetual

6. Benefits to Martin County:                      Addition of a new easement to the County utility network.

7. Cost to Martin County:                                           None

The easement is needed across the Stuart Yacht property adjacent to the Miller’s home at 448 SW Salerno Road for the installation of a water line and piping and other utility equipment to provide water service to the Miller property.

 

The Real Property Division has confirmed the ownership of the easement premises is Stuart Yacht Corporation.  The easement premises are not encumbered by a mortgage.

 

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, has identified and addressed legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board adopt a Resolution accepting and approving the Non-Exclusive Easement from Stuart Yacht Corporation, and authorize the Chairman to execute any and all documents necessary to complete the transaction.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and direct staff with an alternate recommendation.

 

FISCAL IMPACT:

 

RECOMMENDATION

None.  Title and recording fees to be paid by USD.

                     

Funding Source

County Funds

Non-County Funds

 

 

 

 

 

 

 

 

 

Subtotal

 

 

Project Total

 


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>.