PLACEMENT: Departmental
TITLE:
title
REQUEST TO ACCEPT THE DONATION OF A 129.75-ACRE ENVIRONMENTAL PARCEL AND AMEND THE DEED OF CONSERVATION EASEMENT FOR NEWFIELD OPEN SPACE (P172-044)
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EXECUTIVE SUMMARY:
executive summary
This is a request for approval and acceptance of the Special Warranty Deed from Mattamy Palm Beach LLC donating the Environmental Parcel pursuant to the First Amendment to Development Agreement Between Martin County and Master Developer for Newfield. Also included is a request for the Second Amendment to Deed of Conservation Easement for Newfield Open Space to allow those portions of the Open Space Easement Area within the Environmental Parcel to be used for certain environmental purposes.
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DEPARTMENT: Growth Management
PREPARED BY: Name: John Sinnott
Title: Principal Planner
REQUESTED BY: John Maehl, Environmental Resource Administrator
PRESET: 1:30 PM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The BOCC approved during its two public hearings held on June 23 and July 28, 2026, the First Amendment to the Newfield Development Agreement, which included an approximately 125-acre “Environmental Parcel” to be donated by Mattamy Palm Beach LLC to Martin County and used for environmental purposes and the placement of excavated materials.
A Special Warranty Deed has been executed by Mattamy Palm Beach LLC donating approximately 129.75 acres for environmental purposes, including but not limited to the placement, storage, grading, and management of excavated materials such as muck, soils, sediments, and related byproducts. The donated Property shall be used and maintained in perpetuity by the Grantee for conservation, recreational and environmental purposes for the benefit of the public.
The Environmental Parcel contains portions of the Open Space Easement Area as established by the Deed of Conservation Easement for Newfield Open Space, recorded at Official Records Book 3442, Page 2548, Public Records of Martin County, Florida, as amended by that certain Amendment to Deed of Conservation Easement for Newfield Open Space, recorded at Official Records Book 3561, Page 1824, Public Records of Martin County, Florida (as amended, the “Easement Agreement”).
The proposed Second Amendment to the Easement Agreement would allow those portions of the Open Space Easement Area consisting of the Environmental Parcel to be used by County in its sole and absolute discretion for environmental purposes, including, but not limited to, the placement, storage, grading, and management of excavated materials such as muck, soils, sediments, and related byproducts.
The following supporting documents are attached:
Second Amendment to Deed of Conservation Easement for Newfield Open Space
Exhibit A Legal Description
Resolution Accepting Easement Amendment
Special Warranty Deed for Environmental Parcel
Resolution Accepting Special Warranty Deed
Staff Presentation
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.
Pursuant to the Martin County Board-Directed Donation Policy (POL37), the Environmental Resources Division (ERD) of the Public Works Department has completed its evaluation of the proposed donation. Section E of the policy requires departmental review and recommendation prior to the Board’s consideration. ERD supports the acceptance of this donation.
The executed Open Space Amendment and Special Warranty Deed will be provided via supplemental memorandum.
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
1. Move that the Board adopt a Resolution approving and accepting the Second Amendment to Deed of Conservation Easement for Newfield Open Space; and
2. Authorize the Chair to sign the Second Amendment to Deed of Conservation Easement for Newfield Open Space and any additional documents necessary to complete the transaction; and
3. Move that the Board adopt a Resolution approving and accepting the donation of a 129.75-acre parcel from Mattamy Palm Beach LLC and authorize the Chair to execute all closing documents associated with this transaction.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: 2 Resolutions - Accept Easement Amendment & Accept Warranty Deed & Easement Amendment