PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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REQUEST ABANDONMENT OF A PORTION OF DECLARED 40-FOOT-WIDE RIGHT-OF-WAY OF SW KANSAS AVE AS DECLARED BY DECLARATION OF THE COUNTY COMMISSIONERS OF PALM BEACH, COUNTY, SEPTEMBER 5, 1923
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EXECUTIVE SUMMARY:
executive summary
This is a request for the Board to consider the abandonment of a portion of declared right-of-way.
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DEPARTMENT: Public Works
PREPARED BY: Name: Jet Martel, PSM
Title: Acting County Surveyor
REQUESTED BY: Operation 300, Inc.
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Operation 300, Inc. (“Petitioner”) respectfully requests that the Board consider the abandonment of approximately 25,720 square feet of unopened declared right-of-way, as shown on Exhibit “A”, lying within Section 8, Township 39 South, Range 41 East, Plat of Tropical Fruit Farms, Plat Book 3, Page 6, Public Records of Palm Beach (now Martin) County, Florida.
The parcels abutting the subject right-of-way are owned by Florida Golf Club, LLC, to the west and Camp Valor, LLC, a wholly owned subsidiary of Operation 300, Inc., a Florida not-for-profit corporation to the east. Upon approval, the west half of the subject right-of-way will be deeded to Florida Golf Club, LLC, to be incorporated into the abutting parcel to the west, and the east half of the subject right-of-way will be deeded to Camp Valor, LLC, to be incorporated into the abutting parcel to the east and will be privately owned and maintained in perpetuity.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board Receive and File the Agenda Item Summary and all of its attachments for record as Exhibit 1;
2. Move that the Board adopt the Resolution abandoning a portion of unopened declared right-of-way, lying within Plat of Tropical Fruit Farms, as described in Exhibit “A, subject with the following conditions precedent:
a. Proper publication of a Notice of Adoption of this Resolution; and
b. Receipt by Maritn County of a privilege fee in the amount of $15,300; and
3. Move that the Board authorize the Chair to execute all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other: