PLACEMENT: Consent
TITLE:
title
REQUEST TO RELEASE A UNITY OF TITLE FOR LOTS 24 AND 25 OF THE SPS COMMERCIAL CENTER PLAT
end
EXECUTIVE SUMMARY:
executive summary
The applicant, Norman Hickmore, requests the release of the Unity of Title for the property legally described as Lot 24, Block 2, SPS Commercial Center. The parcel is located between SE Jay Street and SE Waaler Street approximately 200 feet west of SE Commerce Avenue within unincorporated Martin County.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Amy Offenbach
Title: Planner
REQUESTED BY: Norman Hickmore
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The subject property is developed with a two-unit, 7,000 square foot storage warehouse that is accessible from both SE Jay Street and SE Waaler Street. On March 27, 1980, a previous owner recorded a Unity of Title to join lots 24 and 25, because the building on lot 25 was not in compliance with the required setbacks. Staff found evidence that a release of the Unity of Title was approved subject to the approval of a zoning variance to allow a reduced side setback on lot 25. The variance was approved, contingent on the removal of a canopy between the two lots. Subsequently, the canopy was removed; however, no evidence was found that the Unity of Title release was completed. In 1997 and 1998, lots 24 and 25, respectively, were sold separately. The Property Appraiser’s office has record of the lots being taxed separately since February 5, 1998. Lots 24 and 25 have been sold separately multiple times after 1998.
The owner of lot 24 is now attempting to sell the property and cannot close on the sale until proof of the Unity of Title release is obtained. A Unity of Title may only be released by approval of the Board of County Commissioners. Typically, after a Unity of Title release is approved, a Resolution to release the Unity of Title is filed with the Clerk of Court. However, after an exhaustive search of County Commission records, Growth Management Department files, and the Martin County Clerk of Court historical records, staff did not find a Resolution releasing the Unity of Title for the subject property.
The following supporting materials are attached to this item:
1- Application materials as submitted by the applicant
2- Copy of the SPS Commercial Center plat
3- Draft Resolution releasing the Unity of Title
4- Letter of Consent from the owner of Lot 25
ISSUES:
None.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with the applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Resolution implementing the release of the Unity of Title.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and advise staff.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $179.00 application fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: