PLACEMENT: Consent
TITLE:
title
REQUEST THAT MARTIN COUNTY GRANT A UTILITY EASEMENT TO SOUTH MARTIN REGIONAL UTILITY (SMRU) FOR CURRENT UTILITY ASSETS LOCATED ON WEST SIDE OF ABANDONED SE VULCAN IN HOBE SOUND
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EXECUTIVE SUMMARY:
executive summary
SMRU has requested approval of a Utility Easement for assets currently located along the west side of the abandoned right of way of SE Vulcan Avenue extending to the corner at SE Saturn Street in Hobe Sound.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: South Martin Regional Utility
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Easement drafted by:
Martin County
2. Parties to the Easement:
Martin County - Grantor
SMRU d/b/a Town of Jupiter Island - Grantee
3. Purpose of the Easement:
Provide easement for existing SMRU utilities located in the abandoned right of way
4. New/Renewal/Modified:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Continued utility service for the citizens of Hobe Sound
7. Cost to Martin County:
Minimal recording costs
On April 30, 2024, the Board of County Commissioners (Board) approved the abandonment of the southern portion of SE Vulcan Avenue to the corner of SE Saturn Street in Hobe Sound. Staff coordinated with SMRU to address their utility assets that exist within the abandoned right of way and offer a Utility Easement to provide continued service. The Board is asked to approve a Utility Easement to SMRU.
In compliance with Section 139.50 General Ordinances, Martin County Code, prior to granting this easement, the Board must consider the following:
1. The easement facilitates provisions of the utility’s service on the County-owned parcel and provides added value to the site.
2. The service promotes the general welfare by providing the continued service for SMRU equipment.
3. The existence and location of the easement will not interfere with the use by County of the County property.
4. There is no consideration to be paid for easement.
5. SMRU has agreed to cooperate in moving the easement if the County should require.
A sketch and legal description for the Utility Easement was provided and issued by the County Surveyor.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and legal staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board (i) grant South Martin Regional Utility d/b/a Town of Jupiter Island, a Utility Easement on County-owned property in compliance with Section 139.50, General Ordinances, Martin County Code, and (ii) authorize the Chairman to execute any and all documents necessary to complete this transaction
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
Minimal recording fees
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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