PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A WARRANTY DEED FOR RIGHT-OF-WAY DEDICATION, FROM FAZLUL AHMED AND ZARNA AHMED, AS A CONDITION OF APPROVAL OF THE SW 96th STREET CONVENIENCE STORE MINOR FINAL SITE PLAN
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a resolution approving and accepting a Warranty Deed from Fazlul Ahmed and Zarna Ahmed, husband and wife (Ahmed), for 2,133 square feet fronting SW 96th Street in Stuart for dedicated right-of-way (ROW) as a condition of approval of the SW 96th Street Convenience Store Minor Final Site Plan.
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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:
1. Documents Drafted by:
Martin County
2. Parties:
Fazlul Ahmed and Zarna Ahmed, husband and wife, Grantor
Martin County, Grantee
3. Purpose:
Dedication of ROW along SW 96th Street as a condition of approval of the SW 96th Street Convenience Store Minor Final Site Plan.
4. New/Renewal/Modified:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Additional ROW to the County
7. Costs to Martin County:
None. All fees paid by applicant.
As a condition of approval of the Minor Final Site Plan for the SW 96th Street Convenience Store, Ahmed has provided a Warranty Deed for 2,133 square feet of ROW along SW 96th Street in Stuart.
The Applicant has provided the required due diligence materials, and the Real Property Division has confirmed ownership of the property to be conveyed. There are no mortgages encumbering the premises. An Affidavit of No Conflict is not required, as this transaction does not involve any financial exchange.
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 of the Board of County Commissioners of Martin County.
Sec. 336.08, Fla. Stat. states the Board may designate the property as a public County Road by adoption of a Resolution
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 approving and accepting a Warranty Deed from Fazlul Ahmed and Zarna Ahmed, husband and wife, dedicating 2,133 square feet of ROW along the south side of SW 96th Street in Stuart and authorize the Chair to execute any and all documents necessary to complete this project.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: