PLACEMENT: Consent
TITLE:
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ACCEPTANCE OF A UTILITY EASEMENT FROM TC 789 LLC FOR CONSTRUCTION OF WATER AND FIRE SERVICES AND UTILITY RELATED EQUIPMENT WITHIN THE TREASURE COAST COMMERCE CENTER
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution accepting and approving a Utility Easement from TC 789 LLC, a Florida limited liability company, for the construction of water and fire services and utility related equipment on Lots 2 and 3, to service property within the Treasure Coast Commerce Center, south of SW McKay Way and east of SW Jack James Drive.
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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:
1. Utility Easement Prepared By: Martin County
2. Parties to the Easement: TC 789 LLC, Grantor;
Martin County, Grantee.
3. Purpose of the Easement: To allow for the construction of water and fire services and related utility equipment to service property located in the Treasure Coast Commerce Center
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 TC 789 LLC, a Florida limited liability company. The easement premises are encumbered by a mortgage held by Triad Bank, a Missouri banking corporation, the owner and holder of a certain Construction Mortgage dated May 18, 2018, and recorded May 30, 2018 in Official Records Book 2995, Page 1282 in the Public Records of Martin County, Florida. The mortgage is subordinated by a Consent of Mortgagee instrument attached to the Easement granted by TC 789 LLC.
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 Resolution accepting and approving the Utility Easement from TC 789 LLC, a Florida limited liability company and authorize the Chairman or designee to execute any and all documents associated with this transaction.
ALTERNATIVE RECOMMENDATIONS
Direct staff with an alternate recommendation.
FISCAL IMPACT:
RECOMMENDATION
None. Title and recording fees to be paid by USD.
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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>.