Martin County

File #: 21-0199   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 1/5/2021 Final action:
Title: ACCEPTANCE OF A UTILITY EASEMENT FROM LPP PALM CITY, LLC, FOR WATER AND FIRE SERVICES ON THE NORTH SIDE OF SW MARTIN HIGHWAY, PALM CITY
Attachments: 1. Location Map.pdf, 2. Resolution.pdf, 3. Executed Utility Easement Pkg.pdf

PLACEMENT: Consent

TITLE:

title  

ACCEPTANCE OF A UTILITY EASEMENT FROM LPP PALM CITY, LLC, FOR WATER AND FIRE SERVICES ON THE NORTH SIDE OF SW MARTIN HIGHWAY, PALM CITY

end

EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution accepting and approving a Utility Easement from LPP Palm City, LLC, a Delaware limited liability company, for water and fire services on the north side of SW Martin Highway in Palm City.

body

DEPARTMENT: Utilities and Solid Waste                     

PREPARED BY:                      Name: Carla T. Segura, FRP                     

                     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:                                           LPP Palm City, LLC, Grantor

                     Martin County, Grantee

 

3. Purpose of the Easement:                      To allow for water and fire services

 

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 LPP Palm City, LLC, a Delaware limited liability company. 

 

The easement premises are encumbered by a Mortgage, Security Agreement and Fixture Filing held by Protective Life Insurance Company, a Tennessee corporation, dated November 12, 2019, and recorded November 13, 2019, in Official Records Book 3094, Page 390, Martin County, Florida, public records, to which a Consent of Mortgagee instrument has been executed and 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 Resolution accepting and approving the Utility Easement from LPP Palm City, LLC, a Delaware limited liability company, and authorize the Chair to execute any and all documents associated with this transaction

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from Consent Agenda and direct staff with an alternate recommendation.

 

FISCAL IMPACT:

 

RECOMMENDATION

Title and recording fees to be paid by USD.

                     

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>.