Legislation Details

File #: 24-1007   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 6/18/2024 Final action:
Title: ADOPT A RESOLUTION APPROVING AND ACCEPTING A RIGHT-OF-WAY EASEMENT AND UTILITY EASEMENT FROM DISMANTLE REPAIR HOLDINGS, LLC, AS A CONDITION OF APPROVAL OF A MINOR FINAL SITE PLAN FOR THE COVE PROJECT
Attachments: 1. Location Map.pdf, 2. Resolution.pdf, 3. Executed Right-of-Way Easement pkg.pdf, 4. Executed Utility Easement pkg.pdf

PLACEMENT: Consent

TITLE:

title  

ADOPT A RESOLUTION APPROVING AND ACCEPTING A RIGHT-OF-WAY EASEMENT AND UTILITY EASEMENT FROM DISMANTLE REPAIR HOLDINGS, LLC, AS A CONDITION OF APPROVAL OF A MINOR FINAL SITE PLAN FOR THE COVE PROJECT

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a resolution approving and accepting a Right-of-Way Easement and a Utility Easement from Dismantle Repair Holdings, LLC (Dismantle), as a condition of approval of The Cove project minor final site plan along Cove Road in Stuart.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla T. Segura, FRP                     

                     Title:                     Real Property Manager                     

REQUESTED BY: Paul Schilling, Growth Management Director                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Documents Drafted by:  Martin County

 

2.                     Parties:

Dismantle Repair Holdings, LLC, a Florida limited liability company, Grantor

Martin County, Grantee

 

3.                     Purpose:  Acceptance of a Right-of-Way Easement along a platted alley and a Utility Easement as a condition of approval of The Cove project minor final site plan

 

4.                     New/Renewal/Modified:  New

 

5.                     Duration:  Perpetual

 

6.                     Benefits to Martin County:  Additional ROW and Utility Easement to the County

 

7.                     Costs to Martin County:                       None.  All fees paid by applicant

 

As a condition of approval of a Minor Final Site Plan for The Cove, Dismantle has provided a Right-of-Way Easement and a Utility Easement for The Cove project along SE Cove Road in Stuart.

 

The Applicant has provided the required due diligence materials and the Real Property Division has confirmed ownership of the property to be conveyed.  There are no mortgages encumbering the easement premises.

 

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.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board adopt a Resolution approving and accepting a Right-of-Way Easement and a Utility Easement from Dismantle Repair Holdings, LLC, a Florida limited liability company, and authorize the Chairman to execute any and all documents necessary to complete this project.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and provide staff with an alternative recommendation.

 

FISCAL IMPACT:

 

RECOMMENDATION

None, all fees paid by applicant.

                     

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>.