PLACEMENT: Consent
TITLE:
title
ACCEPTANCE AND APPROVAL OF A RELEASE OF UTILITY EASEMENT WHICH IS NO LONGER REQUIRED ON PROPERTY LOCATED WITHIN THE VILLAGE OF INDIANTOWN AND OWNED BY INDIANTOWN NONPROFIT HOUSING, INC.
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EXECUTIVE SUMMARY:
executive summary
This is a request for the approval of a Release of Utility Easement on property located in Indiantown and owned by Indiantown Nonprofit Housing, Inc., a Florida non-profit corporation, and accepted pursuant to Resolution No. 88-4.19, recorded in OR Book 763, Page 339, along with the Utility Easement recorded in OR Book 763, Page 2037, all of the Public Records of Martin County. The Utility Easement is no longer needed as owner and vendor have requested it be released.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Christen Spake, Esquire, on behalf of contract-vendee, D.R. Horton
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Release of Utility Easement drafted by:
Martin County, Real Property Division
2. Parties to the Release of Utility Easement:
Martin County, owner and holder of the Utility Easement
3. Purpose of the Release of Utility Easement:
Release a Utility Easement no longer needed
4. New/Renewal/Modification:
New
5. Duration:
Perpetual
6. Benefits to Martin County:
Relieving the County of any future maintenance responsibility.
7. Cost to Martin County:
None. Recording costs to be paid by D.R. Horton.
Martin County is the holder and owner of a Utility Easement recorded on May 6, 1988, in OR Book 763, Page 2037 of the Public Records of Martin County, Florida (the “Utility Easement”) and accepted pursuant to Resolution No. 88-4.19, within the Village of Indiantown.
Contract-vendee, D.R. Horton, requested the Utility Easement be released. The Village of Indiantown has been contacted and supports the release of the Utility Easement. Martin County Utilities is also in agreement the Utility Easement can be released, and said release is in the best interest of the pubic.
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 approve the Release of Utility Easement and move that the Board authorize the Chair to execute all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with alternative direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Release of Utility Easement