PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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REQUEST FOR ABANDONMENT OF A 10 FOOT WIDE UTILITY EASEMENT, LOCATED ON LOTS 17 AND 18, LYING WITHIN THE LIMITS OF BAY SHORE VILLAGE
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EXECUTIVE SUMMARY:
executive summary
This is a request for the Board to consider a Petition to Abandon a 10-foot-wide Utility Easement located in Bay Shore Village, Rocky Point, and further described in the attached petition for abandonment. No abandonment of right-of-way, or other fee ownership, is being requested under this Petition.
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DEPARTMENT: Public Works
PREPARED BY: Name: Kevin T. Ryan
Title: Sr. Survey Technician
REQUESTED BY: Kenneth and Joy Campbell, Applicants
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
By Petition to Abandon, dated January 30, 2019, Kenneth and Joy Campbell request that the Board consider the abandonment of a utility easement located on lots 17 and 18, of Bay Shore Village, as recorded in Plat Book 4, Page 74. The Petitioner, owner of Lot 17 and a portion of Lot 18, is seeking this abandonment since there is no existing or intended use for the easement. A portion of Lot 18 has been conveyed to the Petitioners by deed dated August 20, 2018 and recorded in OR Book 3012, page 1628, to remedy a driveway encroachment. The Petition involves only the Utility Easement; no property owner will be deprived of legal access to adjoining property.
All of the property abutting said utility easement, including the underlying fee simple where the easement is located, is owned by Petitioners. Petitioners' deeds whereby they acquired the affected property are enclosed with this Petition as Exhibit D.
The Petition is limited in scope to the abandonment of easement. No abandonment of right-of-way or other fee ownership is being requested under this Petition. This Petition, and the requested abandonment, will have no impact on the public for use and will not affect the public's rights of access to navigable water.
As the Petition only involves a utility easement, no property owner shall be deprived of legal access to his property as a result of this utility easement being abandoned.
ISSUES:
Section 139.2 of the Martin County Code of Ordinances requires a privilege fee for abandonment and vacation of County property and roads; however, the Board may waive the privilege fee required upon a showing of good cause. The Petitioner has requested that the privilege fee be waived as it is not receiving any additional land in conjunction with the proposed abandonment.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the Agenda Item Summary and all of its attachments for the record as Exhibit 1.
2. Move that the Board agree to waive the privilege fee, finding good cause shown by the Petitioner since the Abandonment involves only a Utility Easement.
3. Move the Board adopt the Resolution for the Abandonment of the Utility Easement, with the following conditions:
Publication one time within thirty (30) days of a Notice of Adoption of this Resolution in a newspaper of general circulation published in Martin County, Florida.
ALTERNATIVE RECOMMENDATIONS
Move that the Board deny the Petition to Abandon.
FISCAL IMPACT:
RECOMMENDATION
The application fee for the Petition to Abandon is $3,200.00.
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Funding Source |
County Funds |
Non-County Funds |
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Kenneth and Joy Campbell |
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$3,200.00 |
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Subtotal |
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Project Total |
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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>.