PLACEMENT: Consent
TITLE:
title
ADOPT A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT ON COUNTY OWNED PROPERTY LOCATED AT 1110 SW MARTIN DOWNS BOULEVARD PALM CITY
end
EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a resolution approving and accepting a Utility Easement on County owned property located at 1110 SW Martin Downs Boulevard in Palm City. This action is being done prior to the public auction for the designated surplus property sale.
body
DEPARTMENT: Public Works
PREPARED BY: Name: Mandee Johns, F.R.P.
Title: Real Property Professional
REQUESTED BY: James Gorton, Public Works Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Documents Drafted by:
Martin County
2. Parties:
Martin County, as Grantee and Grantor (pursuant to Florida Statutes, Section 704.09)
3. Purpose:
Acceptance of a Utility Easement to protect existing County Assets prior to surplus sale of the property at auction.
4. New/Renewal/Modified:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Protection of County Assets
7. Costs to Martin County:
Minimal recording fees
On November 12, 2024, the Board authorized and approved the surplus of County owned property located at 1110 SW Martin Downs Boulevard, Palm City, FL 34990, to be auctioned to the best and highest bidder with proceeds going to affordable housing.
In preparation of documents for sale at public auction, County staff identified certain assets located on the property that must be protected through easements. Pursuant to Florida Statutes, Section 704.09, a property owner may create an easement on their own real property notwithstanding that the owner owns all the affected real property.
County staff has determined that the appropriate manner to protect the County assets is through a Utility Easement. Once the Easement is recorded, the property can be auctioned off to the highest and best bidder, and the County will retain the necessary access and maintenance rights.
Sec. 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, has identified and addressed legal risks, and has developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution approving and accepting a Utility Easement on County owned property and authorize the Chair to execute all documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: One (1) Utility Easement
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>.