PLACEMENT: Consent
TITLE:
title
ADOPTION OF A RESOLUTION AND ACCEPTANCE OF A UTILITY EASEMENT FROM HINCK LANDLORD (DE) LIMITED PARTNERSHIP FOR CONSTRUCTION OF WATER AND FIRE SERVICE, A FIRE HYDRANT AND UTILITY RELATED EQUIPMENT
end
EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution accepting and approving a Utility Easement from Hinck Landlord (DE) Limited Partnership for the construction of water and fire service, fire hydrant and utility related equipment to be constructed with the current Hinckley Marine project north of SE Robertson Road in Hobe Sound.
body
DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura
Title: Real Property Manager
REQUESTED BY: Samuel Amerson, Director, Utilities and Solid Waste Department
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
BACKGROUND:
1. Utility Easement Prepared By: Martin County
2. Parties to the Easement: Hinck Landlord (DE) Limited Partnership, Grantor;
Martin County, Grantee.
3. Purpose of the Easement: To allow for the construction of water and fire service, fire hydrant and related utility equipment to service the property.
4. New/Renewal/Modified: New
5. Duration: Perpetual
6. Benefits to Martin County: Addition of a new easement to the County utility network.
7. Cost to Martin County: None
The Real Property Division has confirmed ownership of the easement premises in Hinck Landlord (DE) Limited Partnership, a Delaware limited partnership. The easement premises are encumbered by a mortgage held by Mortgage Electronic Registration Systems, Inc., a Delaware corporation (“MERS” or “Mortgagee”), as nominee of U.S. Bank National Association, as Trustee, successor-in-interest to Bank of America, N.A., as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee, for Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 2005-TOP19 and U.S. Bank International Association, as Trustee, Successor-in-Interest to Bank of America, N.A., as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee, for Bear Sterns Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series 2005-TOP20 (collectively, together with their respective successors and assigns, “Lender”), dated October 31, 2013, which is subordinated by a Consent of Mortgagee instrument attached to the Easement.
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, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the attached Resolution accepting and approving the Utility Easement from Hinck Landlord (DE) Limited Partnership, a Delaware limited partnership.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff with an alternate recommendation.
FISCAL IMPACT:
RECOMMENDATION
None. Title and recording fees to be paid by USD.
|
Funding Source |
County Funds |
Non-County Funds |
|
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal |
|
|
|
Project Total |
|
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>.