PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A MODIFICATION OF RIGHT-OF-WAY EASEMENT FROM THE SCHOOL BOARD OF MARTIN COUNTY ALONG SW BULLDOG WAY IN STUART
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution approving a Modification of Right-of-Way Easement (Modification) with the School Board of Martin County (SBMC). The Board of County Commissioners (BOCC) adopted Resolution No. 25-11.17, on November 18, 2025, approving a Right-of-Way Easement (Easement) along SW Bulldog Way, supporting a Transportation Alternatives Program (TAP) project. The Modification is necessary to add additional right-of-way to the current Easement area.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Kathryn Durno, Grants Coordinator, Capital Projects
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Modification Easement Prepared By:
Martin County
2. Parties to the Modification Easement:
School Board of Martin County - Grantor
Martin County - Grantee
3. Purpose of the Modification Easement:
Modify the area currently approved for easement
4. New/Renewal/Modified:
Modified
5. Duration:
Perpetual
6. Benefits to Martin County:
Provide the extra space needed for the development of a sidewalk for South Fork High School
7. Cost to Martin County:
Minimal recording fees
On November 18, 2025, the BOCC adopted Resolution 25-11.17 accepting an Easement, recorded in Official Records Book 3536, Page 515, Public Records of Martin County, Florida, from the SBMC, along SW Bulldog Way in Stuart for a Florida Department of Transportation (“FDOT”) TAP project grant.
The original sketch and legal description of the Easement area showed the Easement running along the back of the curb of SW Bulldog Way. After further review and finalizing the design, it was noted that in order to make all the necessary improvements, the curb would need to be included in the description. Therefore, a Modification to the original Right-of-Way Easement is necessary to add the space needed for the improvements inclusive of the curb.
The SBMC has reviewed the Modification of Right-of-Way Easement and legal description, which has been approved by their legal department and presented to their Board. The SBMC will execute the document at its meeting on July 28, 2026.
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 from 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 has identified and addressed legal risk and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board:
a. Adopt a Resolution approving and accepting the Modification to Right-of-Way Easement conveyed by the School Board of Martin County, a political subdivision of the State of Florida, as part of the Florida Department of Transportation ROW TAP Project; and
b. Authorize the Chair to execute the Modification to Right-of-Way Easement and any additional documents associated with this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
Minimal Recording Fees
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: