PLACEMENT: Departmental
TITLE:
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REQUEST TO AMEND THE DEED OF CONSERVATION EASEMENT FOR NEWFIELD OPEN SPACE
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EXECUTIVE SUMMARY:
executive summary
This is a request by Gunster, Yoakley & Stewart, P.A., on behalf of Mattamy Palm Beach, LLC, for approval of an amendment to the Deed of Conservation Easement for Newfield Open Space recorded June 14, 2024, in Official Records Book 3442, at Page 2548, Public Records of Martin County, Florida. The purpose of the amendment is to remove certain lands of lower environmental value from the provisions of the easement and replace them with lands of higher environmental value, as well as to correct certain errors in the text of the easement and in the legal description.
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DEPARTMENT: Growth Management
PREPARED BY: Name: John Sinnott
Title: Principal Planner
REQUESTED BY: Gunster, Yoakley & Stewart, P.A., Christen Spake, Esq.
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Newfield project consists of approximately 3,411 acres of land located west of Florida's Turnpike and adjacent to the C-23 Canal in Palm City. On December 15, 2020, Martin County entered into a Development Agreement with the Master Developer of the Newfield project. The Development Agreement requires the Master Developer to grant conservation easements on open space and Preserve Area Management Plan (PAMP) areas. On March 5, 2024, the Board of County Commissioners accepted and approved three conservation easements: one which encumbers the open space areas, one which encumbers the PAMP I areas, and one which encumbers the PAMP II areas.
This request is for a proposed amendment to the Deed of Conservation Easement for Newfield Open Space recorded in Official Records Book 3442, at Page 2548, of the Public Records of Martin County, Florida (the “Easement Agreement”). The Easement Agreement may be amended, altered, released or revoked only by written agreement between the parties, their successors or assigns. There are no proposed changes to the separate conservation easements encumbering the PAMP I and PAMP II areas.
Figure 2-1, Section 11.2.1.C, Land Development Regulations, Martin County Code, depicts the Regulating Plan for the Newfield Project. In the course of development planning, the applicant has discovered that 7.59 acres of property designated for development within the Crossroads Neighborhood as shown on the Regulating Plan was erroneously subjected to the Easement Agreement. Additionally, the applicant found that 1.17 acres of property designated for development within the SD-W: Workplace area as shown on the Regulating Plan was also erroneously subjected to the Easement Agreement. The proposed amendment removes those improperly encumbered lands from the Easement Agreement.
Florida Power & Light has notified the applicant that a new electrical substation will be required for the Newfield project. Based on siting criteria, the most suitable location would in the northeast corner of the Newfield project adjacent to the intersection of the C-23 Canal and Florida’s Turnpike. The proposed amendment removes 5.60 acres from the Easement Agreement to accommodate the proposed substation in this area.
Pursuant to the Development Agreement, the Master Developer shall pay for the design, permitting, construction management and construction of SW 84th Avenue from SW Busch Street to SW Newfield Parkway (f/k/a SW Citrus Boulevard). At the time the Easement Agreement was accepted and approved in March 2024, the location and alignment of the SW 84th Avenue extension was not yet final. The proposed amendment removes 7.63 acres from the Easement Agreement to accommodate the SW 84th Avenue right-of-way.
The above revisions result in the removal of 21.99 acres from the Easement Agreement. To compensate for this area, the applicant is proposing to include 33.35 acres of additional property within the limits of the easement. This proposed replacement area is comprised of 32.18 acres in the northeast portion of the Newfield project and 1.17 acres in the southeast portion of the project. Based on an evaluation performed by EW Consultants, Inc., the proposed replacement areas are of higher habitat quality as compared to the areas proposed for removal from the easement. Additionally, the proposed replacement areas are contiguous with several designated preserve areas and will add habitat functions and value to those preserves.
The proposed amendment also corrects references to PAMP II within the Easement Agreement that were included in error.
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 by the Board of County Commissioners of Martin County.
The following supporting documents are attached:
Application Materials prepared by Gunster, Yoakley & Stewart, P.A
Amendment to Deed of Conservation Easement for Newfield Open Space
Composite Exhibit 1 (to be provided via supplemental memo)
Composite Exhibit 2 (to be provided via supplemental memo)
Resolution
Memorandum prepared by EW Consultants, Inc.
Deed of Conservation Easement for Newfield Open Space
Presentation
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 have developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board:
1. Adopt a Resolution approving and accepting the Amendment to Deed of Conservation Easement for Newfield Open Space; and
2. Authorize the Chair to sign the Amendment to Deed of Conservation Easement for Newfield Open Space and any additional documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $179.00 application fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: Amendment to Deed of Conservation Easement for Newfield Open Space