PLACEMENT: Consent
TITLE:
title
ADOPT A RESOLUTION ACCEPTING AND APPROVING A SIDEWALK EASEMENT FROM PACELINE ASSETS, LLC ALONG THE NORTHLY SIDE OF SW THELMA STREET IN PALM CITY AS A CONDITION OF APPROVAL OF A MINOR FINAL SITE PLAN
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution accepting and approving a Sidewalk Easement from Paceline Assets, LLC, a Florida limited liability company (Paceline) along the northly side of SW Thelma Street. The sidewalk will be constructed by Paceline, and a portion of the sidewalk will be within the County’s existing right-of-way. The easement is a condition of approval of the Paceline Office minor final site plan in Palm City.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Paul Schilling, Growth Management Department Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Easement drafted by:
Martin County Real Property
Parties to the Easement:
Paceline Assets, LLC - Grantor
Martin County - Grantee
Purpose:
Provide maintenance for a public sidewalk after it is constructed by Paceline along the northly side of SW Thelma Street as a condition of approval of the Paceline Office project.
New/Renewal/Modified:
New
Duration:
Perpetual
Benefits to Martin County:
Provide safe walking access for pedestrians
Cost to Martin County:
None. Recording fees are paid by the applicant.
As a condition of approval of a minor final site plan for the Paceline Office Project in Palm City, Paceline will grant to Martin County a permanent, non-exclusive Sidewalk Easement over, under and upon their land for the maintenance and repair of a public sidewalk being constructed by Paceline and for the right of reasonable ingress and egress over and across the Easement Premises as is necessary to Martin County’s use of the rights granted therein.
Real Property has confirmed ownership of the Easement Premises in Paceline Assets, LLC. A Consent of Mortgagee agreement from South State Bank is attached and made part of the Sidewalk Easement.
Sections 139.31 and 139.32, General Ordinances, Martin County Code, require that any conveyance of interest in land to Martin County for any public purpose shall be accepted and approved by Resolution from 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, and staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution accepting and approving the Sidewalk Easement from Paceline Assets, LLC, a Florida limited liability company, and authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with alternate direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: