PLACEMENT: Consent
TITLE:
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ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A NON-EXCLUSIVE FLOW-THROUGH DRAINAGE AND ACCESS EASEMENT FROM 41164 JACK JAMES, LLC. (PROPERTY KNOWN AS “STUART 95 PLAZA”) FOR ADDITIONAL NATURAL FLOWAGE AND DRAINAGE IN STUART
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution accepting and approving a Non-Exclusive Flow-Through Drainage and Access Easement from Stuart 95 Plaza, for additional drainage flow through connection for Jack James Drive and Kanner Highway in Stuart.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla Segura
Title: Real Property Manager
REQUESTED BY: Michelle Cullum, Development Review Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Drainage Easement Prepared By: Martin County
2. Parties to the Easement: 41164 Jack James, LLC (Stuart 95 Plaza), Grantor;
Martin County, Grantee
3. Purpose of the Easement: To allow for additional flow through drainage for public purposes within the Jack James Drive and Kanner Highway area.
4. New/Renewal/Modified: New
5. Duration: Perpetual
6. Benefits to Martin County: Free flow of water for public drainage purposes
7. Cost to Martin County: None.
Stuart 95 Plaza has agreed to grant a Non-Exclusive Flow-Through Drainage and Access Easement to allow for free flow and access to perform flow through drainage maintenance as may be necessary.
The Real Property Division has confirmed ownership of the easement area. The easement area is encumbered by a mortgage with Centennial Bank, an Arkansas Banking Company, who has consented 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 resolution accepting and approving the Non-Exclusive Flow-Through Drainage and Access Easement from 41164 Jack James, LLC, a Florida limited liability company to Martin County and authorize the Chairman to sign any and 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
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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>.