PLACEMENT: Consent
TITLE:
title
REQUEST THAT MARTIN COUNTY GRANT A UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY (FPL) FOR RELOCATION OF UTILITY SERVICES, AND THAT THE BOARD ADOPT A RESOLUTION DEDICATING RIGHT OF WAY ALONG SW NEWFIELD PARKWAY
end
EXECUTIVE SUMMARY:
executive summary
FPL has requested approval for a Utility Easement on County-owned property for the relocation of existing underground services along SW Newfield Parkway. Additionally, to streamline documentation for County-owned property, staff is requesting the adoption of a Resolution designating a portion of the County-owned parcel on SW Newfield Parkway as right-of-way in Palm City.
body
DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Michael Grzelka, P.E., County Engineer
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Easement drafted by:
Florida Power & Light
2. Parties to the Easement:
Martin County - Grantor
FPL - Grantee
3. Purpose of the Easement and Resolution:
Provide underground electrical service for the Newfield project and dedication of right of way to clean up the County owned parcel.
4. New/Renewal/Modified:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Electrical service to the Newfield Project and dedication of right of way
7. Cost to Martin County:
None. Minimal recording costs
FPL has requested to relocate an Easement for existing underground electrical service along SW Newfield Parkway. 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 needed benefit of service.
3. The existence and location of the easement will not interfere with the use by the County of the County property.
4. There is no consideration to be paid by FPL for the easement, as the extension and relocation of service is needed for County purposes.
5. FPL has agreed to cooperate in moving the easement if the County should require.
A sketch and legal description for the Utility Easement has been reviewed and approved by the County Surveyor.
Additionally, a portion of the County-owned parcel, on SW Newfield Parkway needs to be designated as right-of-way. Section 336.08, Florida Statutes states the Board may designate the property as a public County road by adoption of a Resolution. A sketch and legal description of the right-of-way designation area has been reviewed and approved 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 Florida Power & Light Company an Easement on County-owned property, in compliance with Section 139.50, General Ordinances, Martin County Code, for relocation of service on the north side of SW Newfield Parkway.
(ii) Adopt a Resolution dedicating a portion of County-owned property as right-of-way pursuant to Section 336.08, Florida Statutes.
(iii) Authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff with alternative action.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: Utility Easement
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.