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>.