Martin County

File #: 24-1239   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 9/10/2024 Final action:
Title: ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT, FROM WINDSTONE PROPERTY OWNERS ASSOCIATION, INC., ALONG THE PLATTED ROADS WITHIN THE WINDSTONE SUBDIVISION IN PALM CITY
Attachments: 1. Layout, 2. Reso, 3. Signed Utility Easement..pdf

PLACEMENT: Consent

TITLE:

title  

ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT, FROM WINDSTONE PROPERTY OWNERS ASSOCIATION, INC., ALONG THE PLATTED ROADS WITHIN THE WINDSTONE SUBDIVISION IN PALM CITY

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution approving and accepting a Utility Easement from Windstone Property Owners Association, Inc. ("Windstone"), a corporation existing under the laws of the State of Florida, to allow for water and sewer related services within the Windstone subdivision in Palm City.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla T. Segura, FRP                     

                     Title:                     Real Property Manager                     

REQUESTED BY: Samuel Amerson, Utilities and Solid Waste Director                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Utility Easement Prepared By:

Martin County

 

2.                     Parties to the Easement:

Windstone Property Owners Association, Inc., Grantor

Martin County, Grantee

 

3.                     Purpose of the Easement:

To allow for water and sewer related services for the Windstone subdivision

 

4.                     New/Renewal/Modified:

New

 

5.                     Duration:

Perpetual

 

6.                     Benefits to Martin County:

Addition of new easement to the County utility network

 

7.                     Cost to Martin County:

Minimal recording fees

 

The Utilities & Solid Waste Department have completed design and permitting of a proposed water main extension project for the Evergreen & Windstone subdivisions in Palm City. The road Rights-of-Way in Windstone are privately owned by the Windstone Property Owners Association, Inc. and do not allow for extension of Public Utilities.  This Utility Easement will allow for construction of such assets upon adoption of the resolution thereby creating the proposed Evergreen/Windstone Municipal Service Benefit Unit which will be presented to the Board by the Utilities & Solid Waste department later this Fall.

 

The Real Property Division has confirmed ownership of the easement premise in Windstone Property Owners Association, Inc., a corporation existing under the laws of the State of Florida. There are no mortgages encumbering the easement premise.

 

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 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 adopt the Resolution approving and accepting the Utility Easement conveyed by Windstone Property Owners Association, Inc., a corporation existing under the laws of the State of Florida and authorize the Chairman to execute any and all documents associated with this transaction.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and direct staff with an alternate recommendation

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

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>.