Martin County

File #: 22-1018   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 8/16/2022 Final action:
Title: ADOPTION OF A RESOLUTION ACCEPTING AND APPROVING A 10' WIDE UTILITY EASEMENT FROM KEVIN GANLEY AND SHERI GANLEY, FOR INSTALLATION AND MAINTENANCE OF UTILITIES, ALONG SW PINE TREE LANE IN PALM CITY
Attachments: 1. Location Map.pdf, 2. Resolution.pdf, 3. Utility Easement.pdf

PLACEMENT: Consent

TITLE:

title  

ADOPTION OF A RESOLUTION ACCEPTING AND APPROVING A 10’ WIDE UTILITY EASEMENT FROM KEVIN GANLEY AND SHERI GANLEY, FOR INSTALLATION AND MAINTENANCE OF UTILITIES, ALONG SW PINE TREE LANE IN PALM CITY

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution accepting and approving a 10’ wide Utility Easement from Kevin Ganley and Sheri Ganley for installation and maintenance of utilities along SW Pine Tree Lane in Palm City.

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DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Carla T. Segura, FRP                     

                     Title:                     Real Property Manager                     

REQUESTED BY: Samuel Amerson, Utilities and Solid Waste Director                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1. Utility Easement Prepared By:                                          Martin County

 

2. Parties to the Easement:                      Kevin Ganley and Sheri Ganley, Grantor

Martin County, Grantee

 

3. Purpose of the Easement:                      To allow for installation and maintenance of utilities

 

4. New/Renewal/Modified:                                                                New

 

5. Duration:                                                                                                          Perpetual

 

6. Benefits to Martin County:                      Addition of 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 Kevin Ganley and Sheri Ganley.  The easement premises is encumbered by a Mortgage held by Caliber Home Loans, Inc., successor in interest to Harbor Community Bank, dated October 11, 2012 and recorded in Official Records Book 2607, Page 903, for which a Consent of Mortgagee has not been signed.  Staff has exhausted all efforts with no response from the Mortgagee.

 

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 Kevin Ganley and Sheri Ganley and authorize the Chairman to execute any and all documents associated with this transaction.

 

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.

                     

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>.