Legislation Details

File #: 24-1305   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 9/24/2024 Final action:
Title: ADOPT A RESOLUTION APPROVING AND ACCEPTING A WARRANTY DEED FOR DEDICATION OF RIGHT-OF-WAY FROM LOVE AND HOPE IN ACTION, INC., AS A CONDITION OF DEVELOPMENT APPROVAL BY THE CITY OF STUART
Attachments: 1. Location Map.pdf, 2. Resolution.pdf, 3. Executed Warranty Deed pkg.pdf

PLACEMENT: Consent

TITLE:

title  

ADOPT A RESOLUTION APPROVING AND ACCEPTING A WARRANTY DEED FOR DEDICATION OF RIGHT-OF-WAY FROM LOVE AND HOPE IN ACTION, INC., AS A CONDITION OF DEVELOPMENT APPROVAL BY THE CITY OF STUART

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution approving and accepting a Warranty Deed for dedicated right-of-way on SE Dixie Highway from Love and Hope In Action, Inc. (LAHIA), a Florida not for profit corporation, as a condition of development approval from the City of Stuart for the LAHIA project.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla T. Segura, FRP                     

                     Title:                     Real Property Manager, Public Works Department                     

REQUESTED BY: City of Stuart, Development Department                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Documents Drafted by:                                                               

Martin County Real Property Division

 

2.                     Parties:                                                                                                         

Love and Hope In Action, Inc., Grantor

                     Martin County, Grantee

3.                     Purpose:                     

ROW Dedication on SW Dixie Highway as a condition of development approval from the City of Stuart

 

4.                     New/Renewal/Modified:                                                               

New

 

5.                     Duration:                                                                                                         

Perpetual

 

6.                     Benefits to Martin County:                     

Additional ROW to the County

 

7.                     Costs to Martin County:                                                               

None. Recording Fees paid for by Grantor

 

As a condition of approval of a development project, the City of Stuart has required LAHIA to dedicate right-of-way to Martin County on SE Dixie Highway. on the corner adjacent to SE Martin Luther King Blvd. 

The Grantor 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 right-of-way premises.

Sec. 336.08, Fla. Stat. states the Board may designate the property as a public County road by adoption of a Resolution.

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 of 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 approving and accepting a Warranty Deed from Love and Hope In Action, Inc., a Florida not-for-profit corporation, for the dedication of right-of-way and authorize the Chairman to execute any and all documents necessary to complete this project.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and provide staff with an alternative recommendation.

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

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>.