Martin County

File #: 19-0980   
Type: Public Hearing Quasi Judicial Status: Passed
In control: Board of County Commissioners
On agenda: 10/8/2019 Final action: 10/8/2019
Title: REQUEST ABANDONMENT OF A PORTION OF SE FRONT STREET, LYING WITHIN THE PLAT OF PORT SALERNO
Attachments: 1. SE Front Street - Location Map.pdf, 2. SE Front Street - Exhibit A.pdf, 3. SE Front Street - Application Packet.pdf

PLACEMENT: Public Hearings - Quasi-Judicial

TITLE:

title  

REQUEST ABANDONMENT OF A PORTION OF SE FRONT STREET, LYING WITHIN THE PLAT OF PORT SALERNO

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EXECUTIVE SUMMARY:

executive summary

This is a request for the Board to consider an application for the abandonment of a portion of platted SE Front Street right-of-way.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Thomas Walker, Jr., PSM                     

                     Title:                     County Surveyor                     

REQUESTED BY: The Port Salerno Church of God, Inc.                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

The Port Salerno Church of God, Inc. requests that the Board consider the abandonment of 11,816.48 square feet (Exhibit “A”) of unopened platted right-of-way of SE Front Street, lying within the plat of Port Salerno. Said right-of-way being sought for abandonment is not, nor has it ever been an open road.  Said right-of-way abuts existing abandonments of SE Front Street and adjacent platted alley and therefore would not block any existing access to or from SE Cove Road (see Location Map).

 

The Petitioner is the owner of Lots 1 through 4 and 9 together with a portion of right-of-way previously abandoned by Martin County adjacent to the subject unopened right-of-way.  St. Luke’s Episcopal Church of Port Salerno is the owner of the property located east of the right-of-way proposed to be abandoned and has provided a letter of no objection.  Upon successful abandonment of the subject right-of-way the Petitioner would receive the westerly half and St. Luke’s Episcopal Church would receive the easterly half.

 

ISSUES:

 

The Petitioner previously requested this item be continued to October 8, 2019. Since Commissioner Heard is not going to be at the October 8 meeting, and she paid the application fee from her District funds, and because of unresolved issues staff is working through with the Petitioner; staff is requesting this item be continued to December 3, 2019.

 

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 continue the public hearing to December 3, 2019.

 

ALTERNATIVE RECOMMENDATIONS

None

 

FISCAL IMPACT:

 

RECOMMENDATION

The application fee for the Petition to Abandon is $3,200.00

                     

Funding Source

County Funds

Non-County Funds

Commission District 4 MSTU discretionary

3,200.00

 

 

 

 

 

 

 

Subtotal

3,200.00

 

Project Total

3,200.00


ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:     

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