PLACEMENT: Departmental
TITLE:
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ADOPTION OF A RESOLUTION APPROVING THE ACQUISITION OF 429 VACANT LOTS, TOTALING 383.33 ACRES OF ENVIRONMENTALLY SENSITIVE VACANT LAND IN PALM BEACH HEIGHTS (PAL MAR)
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a resolution approving the acquisition of 429 vacant lots totaling 383.33 acres of environmentally sensitive vacant land in Palm Beach Heights (Pal Mar) as part of a Settlement, Land Exchange, and Purchase Agreement with Be A Man Buy Land, LLC.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian K. Poprawski
Title: Senior Assistant County Attorney
REQUESTED BY: Sebastian Poprawski, Senior Assistant County Attorney
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Agreement/Contract drafted by:
Martin County
2. Parties to the Agreement/Contract:
Martin County - Grantee
Be A Man Buy Land, LLC - Grantor
3. Purpose of the Agreement/Contract:
Effectuating land swap and settlement agreement.
4. New/Renewal/Modification:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Additional conservation lands in the Pal-Mar area
7. Cost to Martin County:
$7,283,270.00
On November 12, 2024, the Martin County BOCC voted to approve a Settlement, Land Exchange, and Purchase Agreement (“Settlement Agreement”) in the case of: Be A Man Buy Land, LLC vs. S. FL Water Man. Dist.; FL Fish and Wildlife Cons. Comm.; The Board of Trustees of the Internal Improv. Trust Fund of the State of FL; and Martin County; Case No. 2023-CA-000052.
As part of the Settlement Agreement, Be A Man Buy Land, LLC swapped land it owned, at a ratio of 2:1, in highly sensitive middle and eastern portions, for County owned land in the North Chimney portion of Pal Mar. The South Florida Water Management District and the County agreed to purchase all land owned by Be A Man Buy Land, LLC not in the North Chimney portion (approximately 989.91 acres) at a cost of $19,000/acre. The South Florida Water Management District has agreed to purchase 606.58 acres while the County has agreed to purchase 383.33 acres.
A closing will occur at a future date, subject to review by the County Attorney’s Office for confirmation of consistency with the terms of the Settlement Agreement and review of any post settlement encumbrances. The parcels will be acquired via a Quit Claim Deed from Be A Man Buy Land, LLC. The proposed funding mechanism is the Conservation Lands ½ Cent Sales Tax as recommended by the Environmental Lands Oversight Committee.
Sections 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.
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.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Resolution accepting and approving the acquisition of the 429 vacant lots, subject to review and approval by the County Attorney’s Office.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The proposed funding mechanism is the Conservation Lands ½ Cent Sales tax as recommended by the Environmental Lands Oversight Committee, which will occur at the time of the recordation of the Quit Claim Deed.
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>.