Martin County

File #: 23-0816   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 6/6/2023 Final action:
Title: ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT FROM WP HANSON STUART MF-FL OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR WATER, SEWER, AND FIRE SERVICES WITHIN CITY OF STUART
Attachments: 1. Location_Map.pdf, 2. Resolution.pdf, 3. Utility Easement.pdf

PLACEMENT: Consent

TITLE:

title  

ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT FROM WP HANSON STUART MF-FL OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR WATER, SEWER, AND FIRE SERVICES WITHIN CITY OF STUART

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EXECUTIVE SUMMARY:

executive summary

This is a request for the adoption of a Resolution approving and accepting a Utility Easement from WP Hanson Stuart MF-FL Owner, LLC, a Delaware limited liability company, to allow for water, sewer, and fire services to Volaris Stuart located north of SE Springtree Place and west of SE Federal Highway within the City of Stuart.

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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:

 

Utility Easement Prepared By:  

Martin County

 

Parties to the Easement:                      

WP Hanson Stuart MF-FL Owner, LLC - Grantor

Martin County - Grantee

 

Purpose of the Easement:                      

Water, sewer, and fire services

 

New/Renewal/Modified:                                           

New

 

Duration:                                                                                     

Perpetual

 

Benefits to Martin County:                      

Addition of new easement to the County utility network

 

Cost to Martin County:                                           

None

 

The Real Property Division has confirmed ownership of the easement premises in WP Hanson Stuart MF-FL Owner, LLC, a Delaware limited liability company.

 

The easement premises are encumbered by a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filling held by Citizens Bank, National Association, a national banking association, dated March 8, 2022, and recorded March 16, 2022, in Official Records Book 3300, Page 296, Martin County, Florida.

 

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 approving and accepting a Utility Easement from WP Hanson Stuart MF-FL Owner, LLC, a Delaware limited liability company, to Martin County 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

                     

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>.