Legislation Details

File #: 26-0952   
Type: Departmental Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 7/28/2026 Final action:
Title: ADOPT A RESOLUTION APPROVING THE ACQUISITION OF TEN PARCELS OF ENVIRONMENTALLY SENSITIVE LAND LOCATED IN POINCIANA GARDENS, AS RECOMMENDED BY THE ENVIRONMENTAL LANDS OVERSIGHT COMMITTEE AND APPROVED BY THE BOARD
Attachments: 1. MacGillivray Parcels.pdf, 2. Resolution.pdf, 3. Affidavit of No Conflict.pdf, 4. Contract Executed both parties.pdf, 5. SWD 3388-2315 MacGillivray.pdf, 6. Warranty Deed.pdf

PLACEMENT: Departmental

TITLE:

title  

ADOPT A RESOLUTION APPROVING THE ACQUISITION OF TEN PARCELS OF ENVIRONMENTALLY SENSITIVE LAND LOCATED IN POINCIANA GARDENS, AS RECOMMENDED BY THE ENVIRONMENTAL LANDS OVERSIGHT COMMITTEE AND APPROVED BY THE BOARD

end

EXECUTIVE SUMMARY:

executive summary

This is a request for adoption of a resolution approving the acquisition of ten parcels of environmentally sensitive land totaling 2.717 acres, located in Poinciana Gardens in Hobe Sound.  The subject parcels are owned by Rose MacGillivray and Joseph MacGillivray and will be acquired with funds generated from the Conservation Lands Sales Tax.

body

DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla T. Segura, FRP                     

                     Title:                     Real Property Manager                     

REQUESTED BY: John Maehl, Environmental Resources Administrator                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Contract drafted by:

Martin County

 

2.                     Parties to the Contract:

Martin County - Grantee/Buyer

Rose MacGillivray and Joseph MacGillivray- Grantors/Sellers

 

3.                     Purpose of the Contract:

Purchase of 10 parcels for environmental purposes

 

4.                     New/Renewal/Modification:

New

 

5.                     Duration:

Perpetual

 

6.                     Benefits to Martin County:

Addition of environmental lands for conservation purposes using conservation land sales tax funds

 

7.                     Cost to Martin County:

$255,000 plus due diligence and closing costs

 

On October 21, 2025, the Martin County Board of County Commissioners (Board) approved moving forward with the acquisitions of the Environmental Lands Oversight Committee (ELOC) top 16 ranked priority parcels, to be funded pursuant to the November 2024 10-year tax referendum for environmentally sensitive lands.

 

The Poinciana Gardens parcels were ranked number 15 on the ELOC priority list.  Staff ordered appraisals based on various parcels within Poinciana Gardens to establish fair market value for individually owned parcels, resulting in a median appraised value of approximately $92,000 per acre.  Staff negotiated with the owner for a purchase price of $255,000 for the acquisition of the 10 individually owned parcels totaling 2.717-acres.

 

Funding from the project will come from the Conservation Lands Sales Tax.

 

Real Property has reviewed title work, confirmed ownership of the parcels, and there are no known encumbrances.  Upon final review and approval by the Legal Department, Real Property will move towards a closing date on or before September 18, 2026.

 

An Affidavit of No Conflict was executed by the owners and is attached to this item.

 

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 by 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 staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board:

1.                     Approve the Vacant Land Purchase and Sale Contract in the amount of $255,000 and authorize the Chair to execute;

2.                     Adopt a Resolution approving and accepting the purchase of ten parcels consisting of a total of 2.717-acres in Poinciana Gardens, owned by Rose MacGillivray and Joseph MacGillivray; and

3.                     Authorize the County Administrator or designee to execute all closing documents necessary to complete this transaction. 

 

ALTERNATIVE RECOMMENDATIONS

Direct Staff with alternative recommendation

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

Funding Source

County Funds

Non-County Funds

ELOC - funds - Activity Code 2180Q

$255,000.00

 

Closing Costs less than $5,000

$5,000.00

 

 

 

 

Subtotal

 

 

Project Total

$260,000.00


ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other: