BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

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1 6C BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: TITLE: PUBLIC HEARING FOR THE EXCHANGE OF A QUIT CLAIM DEED GRANTED TO JEAN UZELAC, AS TRUSTEE OF THE JOHN CARL ZIMMERMANN TRUST DATED JANUARY 24, 2014 (ZIMMERMANN) FOR THE GRANTING OF A DRAINAGE EASEMENT FROM ZIMMERMANN AGENDA ITEM DATES: MEETING DATE: 2/21/2017 COMPLETED DATE: 2/9/2017 COUNTY ATTORNEY: 1/30/2017 ASSISTANT COUNTY ADMINISTRATOR: 2/6/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Don Donaldson, P.E. Engineering Director Name: Procedures: None EXECUTIVE SUMMARY: Engineering Jeff Dougherty, Real Property Manager Estimated staff presentation: 10 minutes. This is a request for the adoption of a resolution authorizing the exchange of a Quit Claim Deed granted by Martin County to ZIMMERMANN for a Drainage Easement granted to Martin County by ZIMMERMANN. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 8084ced2 1 of 12

2 Easement/Deed and drafted by: Parties to the Easement and Deed: Purpose of the Documents: New/Renewal/Modified: Duration: Benefits to County: Cost to Martin County: Martin County Martin County ZIMMERMANN Correct error in Final Judgement of Taking entered on April 15, New Perpetual Preservation of the County drainage system while correcting an error in the Final Judgement of Taking Minimal recording cost While preparing the Preserve Area Management Plan for the ZIMMERMANN property located on County Line Road, the survey revealed a discrepancy between its legal description and the legal description of the adjacent drainage ditch utilized by Martin County. A full title review was carried out for the ZIMMERMANN property, the County drainage ditch and the prior ownership of the property north of the drainage ditch, in order to determine the source and legal status of the discrepancy. The discrepancy stems from the 1964 Final Judgement of Taking in which the form of the legal description was inconsistent with the legal description of the property against which the Final Judgement was levied. Accordingly, the taking appears ineffective as to the portion that purportedly extends onto the ZIMMERMANN property, as the ZIMMERMANN property owners were not party to the Final Judgement. A survey prepared by Magellan Surveying and Mapping, Inc. reflects the boundary of the ZIMMERMANN property consistent with the legal description for the property since it was originally deeded to Max and Catherine Zimmermann in 1956 (OR Bk 87 Pg 333): The South 200 feet of the North 1520 feet of Government Lot 6, Section 23, Township 40 South, Range 42 East, Martin County, Florida. North of the ZIMMERMANN property lies an area acquired by Harry F. Aicher in 1942 (OR Bk 15 Pg 416) which contains a legal description as follows: North 1320 feet of Government Lot 6, Section 23, T.S. 40 R. E 42. The two legal descriptions: Aicher s North 1320 feet and ZIMMERMANN s South 200 feet of the North 1520 feet, are adjacent to one and other without overlap. In 1964, the Circuit Court entered an Order of Taking and a Final Judgement taking title from Aicher and granting it to Martin County for the following property: 8084ced2 2 of 12

3 The South 50 feet of the north one-half (1/2) of Government Lot 6, Section 23, Township 40 South, Range 42 East, lying and being in Martin County, Florida. Containing 1.12 acres more or less. This legal description provides an area of land based upon the north one-half of Government Lot 6. It is this description which has created the cloud on the ZIMMERMANN property. The Aicher property, comprising the North 1,320 feet, did not reach the centerline of the Government Lot. Accordingly, the Final Judgement awarding the South 50 of the north one-half did not in transfer the entire 50 feet but instead only transferred that portion of the 50 feet owned by the Aichers, as they were the only party to the taking lawsuit. The discrepancy results in an overlap onto the ZIMMERMANN property. This strip of land on the ZIMMERMANN property could not have been obtained by the County through the taking action, as the Mr. and Mrs. Zimmermann, were not party to the taking. Therefore, it appears this overlap area remains in ownership by ZIMMERMANN, as it was prior to and after the eminent domain action was completed in In order to clear title, the County would exchange a Quitclaim Deed over the disputed area for a drainage easement. Section and , General Ordinances, Martin County Code require that any conveyance of an interest in land to Martin County for any public shall be accepted and approved by resolution by the Board of County Commissioners of Martin County. ISSUES: Pursuant to Section , Florida Statutes, a notice of this proposed exchange was published in the Stuart News. 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 Drainage Easement from ZIMMERMANN in exchange for the granting of a Quitclaim Deed to ZIMMERMANN and authorize the Chairman to execute the Quit Claim Deed and any other documents necessary to complete the transaction. ALTERNATIVE RECOMMENDATIONS Move that the Board deny the request and give staff direction. 8084ced2 3 of 12

4 FISCAL IMPACT: RECOMMENDATION Nominal recording fees. ALTERNATIVE RECOMMENDATIONS Based upon Board direction. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution X Other: Quit Claim Deed ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 8084ced2 4 of 12

5 D HR AC BE SE AL H WY Zimmerman Trust Property Exchange Site R EDE SE F MARTIN COUNTY ENGINEERING DEPARTMENT REAL PROPERTY # 2808 SE COUNTY LINE RD Overlap Area Ë NOT TO SCALE 2016 AERIAL E X H I B I T O N LY SE COUNTY LINE RD SE RIVER RIDGE RD 5 of 12

6 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NO. 17- AUTHORIZING EXCHANGE OF QUITCLAIM DEED AND A DRAINAGE EASEMENT BETWEEN MARTIN COUNTY AND JEAN UZELAC, TRUSTEE OF THE JOHN CARL ZIMMERMANN TRUST DATED JANUARY 24, 2014 WHEREAS, on February 21, 2017, this Board held a public hearing to consider the exchange of a Quitclaim Deed and a Drainage Easement between MARTIN COUNTY, a political subdivision of the State of Florida, and JEAN UZELAC, TRUSTEE OF THE JOHN CARL ZIMMERMANN TRUST DATED JANUARY 24, 2014 (ZIMMERMANN), herein described as DEED and EASEMENT; and WHEREAS, proper notice of hearing was published once a week for two weeks prior to the public hearing in a newspaper of general circulation published in the County; and WHEREAS, anyone desiring to be heard regarding this matter was given opportunity to present their views to this Board; and WHEREAS, the Board has made the following determinations regarding the EASEMENT to be conveyed to Martin County by ZIMMERMANN: 1. EASEMENT is needed for County purposes. 2. It is in the best interest of the County to exchange the County s interest in the DEED for the EASEMENT. 3. DEED is not needed by the County for County purposes. 6 of 12

7 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: A. Pursuant to Section , Florida Statutes, Martin County hereby authorizes the exchange of the DEED for the EASEMENT. B. Martin County will grant the DEED to ZIMMERMANN as consideration for conveyance of EASEMENT by ZIMMERMANN to Martin County. C. ZIMMERMANN shall pay all costs of its DEED. D. Martin County shall pay all costs of its EASEMENT, including recording fees and advertising. E. This resolution hereby accepts and approves EASEMENT conveyed by ZIMMERMANN. DULY PASSED AND ADOPTED this 21 st DAY OF FEBRUARY, ATTEST: CAROLYN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA DOUG SMITH, CHAIRMAN APPROVED AS TO FORM & LEGAL SUFFICIENCY: SARAH WOODS, ACTING COUNTY ATTORNEY 7 of 12

8 This instrument prepared by: Jeffrey Dougherty Real Property Manager 2401 SE Monterey Road Stuart, FL Project: Zimmermann Trust Exchange RPM # 2808 PCN: SPACE ABOVE THIS LINE FOR PROCESSING DATA QUITCLAIM DEED THIS QUITCLAIM DEED granted and executed this day of, 2017, by MARTIN COUNTY, a political subdivision of the State of Florida, whose post office address is 2401 SE Monterey Road, Stuart, Florida 34996, ( Grantor ), to JEAN UZELAC, TRUSTEE OF THE JOHN CARL ZIMMERMANN TRUST DATED JANUARY 24, 2014, whose address is 790 SE Webber Street, Unit 202, Portland, OR 97202, ( Grantee ). (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the said Grantor, for and in consideration of the sum of $10.00 and other good and valuable considerations, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Martin, State of Florida, to-wit: That portion of the South 50 feet of the north one-half (1/2) of Government Lot 6, Section 23, Township 40 South, Range 42 East lying within the South 200 feet of the north 1520 feet of Government Lot 6, Section 23, Township 40 South, Range 42 East, Martin County, Florida less and except the westerly 5 feet TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use and benefit of said Grantee forever. 8 of 12

9 IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair of said Board on the day and year first above written. ATTEST: CAROLYN TIMMANN CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA DOUG SMITH, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SARAH WOODS ACTING COUNTY ATTORNEY 9 of 12

10 This instrument prepared by: Martin County Jeffrey Dougherty Real Property Manager Project: Zimmermann Trust Exchange RPM # 2808 Address: Unassigned, Tequesta PCN: SPACE ABOVE THIS LINE FOR RECORDING DATA DRAINAGE EASEMENT THIS EASEMENT granted and executed this day of, 2017, by JEAN UZELAC, TRUSTEE OF THE JOHN CARL ZIMMERMANN TRUST DATED JANUARY 24, 2014, whose address is 790 SE Webber Street, Unit 202, Portland, OR 97202, ( Grantor ), to MARTIN COUNTY, a political subdivision of the State of Florida, whose address is 2401 S.E. Monterey Road, Stuart, Florida 34996, ( Grantee ). (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH that the Grantor, for and in consideration of the sum of $10.00 in hand paid by the Grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant unto the Grantee forever, a perpetual easement on, over, under, across and through the land described in Exhibit "A" attached hereto and made a part hereof (the "Easement Premises") for construction, grading, installation and use of a surface and subsurface drainage system, and the repair, maintenance, replacement thereof, and for ingress and egress across, over, and upon the Easement Premises as may be reasonably necessary, to carry out the purposes of this easement. The Grantor agrees that it will not alter or obstruct or allow the alteration or obstruction of the Easement Premises in any way without the express written consent of the Grantee. Grantee, its contractors, agents and employees shall have free access to the Easement Premises and every part thereof, at all times, for the purpose of exercising the rights granted herein; provided however in making any excavations on the Easement Premises, Grantee shall make the same in such manner as will cause the least injury to the surface of the ground and restore any improvements within such excavation to as near the same condition as it was prior to such excavation as soon as is practicable. Accepted per Resolution # of 12

11 And the Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple, that Grantor has good and lawful authority to grant and convey this Easement, and that Grantor fully warrants the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Grantor further warrants that there are no mortgages encumbering the Easement Premises. IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. Witnesses: Jean Uzelac, Trustee of the John Carl Zimmermann Trust dated January 24, 2014 Witness #1 Signature By: Jean Uzelac, Trustee Print Name: Witness #2 Signature Print Name: STATE OF COUNTY OF The foregoing Drainage Easement was acknowledged before me this day of, 2017, by Jean Uzelac, who is personally known to me or [ ] has produced as identification. (SEAL) Notary Signature Print 11 of 12

12 EXHIBIT A That portion of the South 50 feet of the north one-half (1/2) of Government Lot 6, Section 23, Township 40 South, Range 42 East lying within the South 200 feet of the north 1520 feet of Government Lot 6, Section 23, Township 40 South, Range 42 East, Martin County, Florida less and except the westerly 5 feet 12 of 12