BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Transcription

1 6A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRET: TITLE: ADOPTION OF A RESOLUTION APPROVING AND ACCEPTING A QUIT CLAIM DEED FROM HABITAT FOR HUMANITY OF MARTIN COUNTY, INC. (HABITAT) AND PUBLIC HEARING FOR ADDITION OF THIS PROPERTY AND THREE ADDITIONAL APPROVED SURPLUS PROPERTIES TO THE AFFORDABLE HOUSING LIST AS REQUIRED BY CTION , FLORIDA STATUTES AGENDA ITEM DATES: MEETING DATE: 11/28/2017 COMPLETED DATE: 11/16/2017 COUNTY ATTORNEY: 11/6/2017 ASSISTANT COUNTY ADMINISTRATOR: 11/13/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: George Stokus, Assistant County Administrator Name: Procedures: None EXECUTIVE SUMMARY: Engineering Carla Segura, Real Property Manager Estimated staff presentation: 10 minutes. This is a request for the adoption of a Resolution accepting a Quit Claim Deed from HABITAT and Public Hearing identifying real property to which Martin County holds fee simple title appropriate for use as affordable housing in accordance with Section , Florida Statutes. APPROVAL: LEG ACA b 1 of 32

2 CA BACKGROUND/RELATED STRATEGIC GOAL: 1. Documents prepared by: Martin County 2. Parties to the Quit Claim Deed: Habitat for Humanity of Martin County, Inc. - Grantor Martin County - Grantee 3. Purpose of the Quit Claim Deed: Acquire property for Affordable Housing 4. New/Revised Documents: New 5. Duration: Perpetual 6. Benefits to Martin County: Addition of properties to the Affordable Housing List in accordance with Section Florida Statutes 7. Cost to Martin County: Minimal recording fees In 2006, the legislature created Section , Florida Statutes, relating to the disposition of County owned property for affordable housing. The statute requires: a.) b.) c.) The County provides an inventory list of County fee simple titled property that is appropriate for affordable housing by July 1, 2007 and every three years thereafter; The list be reviewed and possibly revised by the governing body of the County at a public hearing; and The governing body of the county adopts a resolution that includes an inventory list of such property following the public hearing. Amanda Solomon, the prior owner of the property located at 520 Florida Avenue aka 938 Bayou Avenue (PROPERTY), obtained a Deferred Payment Rehabilitation Mortgage (SHIP) from Martin County in Taxes were not paid for several years and eventually the PROPERTY was sold at a Tax Deed sale in June 2012 (OR BK 2581/PG 2680) to JTW Account Series, LLC Series 1, a Delaware Series Limited Liability Corporation (JTW). In January 2014, HABITAT acquired the PROPERTY from JTW (OR BK 2697 PG 1147). The house was demolished due to several code violations issues with the City of Stuart Code Enforcement. HABITAT approached staff about the outstanding SHIP mortgage and it was determined that the PROPERTY should be transferred to the County to extinguish the mortgage and then placed on the Affordable Housing property list via adoption of a Resolution. Staff presented an agenda item on September 12, 2017 in which the Board of County Commissioners approved three of the surplus parcels to be placed on the affordable housing list. They are: b 2 of 32

3 1) Hawthorn Avenue - 10 vacant lots (Lots 1 thru 10, Block 146) - Golden Gate NAC also recommended for Affordable Housing; 2 & 3) Railway Avenue - 8 vacant lots (Lots 22, 23 & 24, Block 7 - Railway Avenue & Lots 25 thru 29, Block 7 Geraldine) - Port Salerno NAC also recommended for Affordable Housing. ISSUES: The Public Hearing Notice was duly advertised pursuant to Section , Florida Statutes. LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine if it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility. RECOMMENDED ACTION: RECOMMENDATION a. Move that the Board adopt a Resolution approving and accepting a Quit Claim Deed from Habitat for Humanity of Martin County, Inc. b. Move that the Board adopt a Resolution approving and accepting four parcels as appropriate for the Affordable Housing List in accordance with Section , Florida Statutes: 1 Hawthorne Avenue; 2 & 3 Railway Avenue (5 lots on Railway/3 lots on Geraldine); and 4 Florida Ave./Bayou Ave. ALTERNATIVE RECOMMENDATIONS None. FISCAL IMPACT: RECOMMENDATION Minimal Recording Fees. ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 2 Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG b 3 of 32

4 MARTIN COUNTY ENGINEERING DEPARTMENT REAL PROPERTY # 3014 IX D ERA D FE Y HW Y HW BAYOU AVE D E IN IAN ST SPRUCE AVE S EAST AVE LV L RD AB IE MONT E Y RE C EA 1 NA Site Location Map Habitat for Humanity Property Parcel # O S KANNER HWY OCEAN BLV 520 Florida St. aka 938 Bayou Ave. FLORIDA ST 10 TH ST EA F F RD CUTO X DI IE Y HW Ë NOT TO SCALE 2017 AERIAL E X H I B I T O N LY 4 of 32 CSegura 10/23/17

5 LH WY G EN XI E DI A ER ED ST Site F Location Map PCN# D AR ON RS FE JEF LU CI E LV IN T NS DIA ST B MARTIN COUNTY ENGINEERING DEPARTMENT REAL PROPERTY # 3015 RN LE A S HW Y D OR V CO ER V CO D ER D ST Surplus Property - Hawthorne St. Lots 1-10 W HA TH O E RN ST S IRI ST X DI IE Y HW Ë NOT TO SCALE 2017 AERIAL E X H I B I T O N LY ON RS FE JEF ST 5 of 32 CSegura 11/3/17

6 MARTIN COUNTY ENGINEERING DEPARTMENT REAL PROPERTY # 3015 VE CO D DIX IE H Site F Y VE ER W Location Map PCN# (5 Lots) PCN# (3 Lots) CO V CO RD ED ER A LH W Y RD DI X IE HW Y FRO Surplus Property - Railway Avenue Lots & Lots (8 Lots) P R I M NT RO AV W AY ES ST AIL ER I NE R WA G D AL YA VE Ë NOT TO SCALE 2017 AERIAL E X H I B I T O N LY 6 of 32 CSegura 11/3/17

7 RPM# 1820 SPACE ABOVE THIS LINE FOR RECORDING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NO. 17 WHEREAS, Section , Florida Statutes requires each County to prepare an inventory list of all real property within its jurisdiction to which the County holds fee simple title that is appropriate for use as affordable housing by July 1, 2007 and every 3 years thereafter; and WHEREAS, County staff has presented the Board of County Commissioners a list of County owned property which may be appropriate for affordable housing; and WHEREAS, the Board of County Commissioners has reviewed the proposed list of property appropriate for affordable housing at a duly advertised public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, THAT: The Martin County Board of County Commissioners hereby approves the list of County owned property, as identified on the attached Exhibit A, which is appropriate for the provision of affordable housing. DULY PASD AND ADOPTED THIS DAY OF, ATTEST: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS: CAROLN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER, CHAIR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SARAH WOODS, COUNTY ATTORNEY 7 of 32

8 EXHIBIT A The following county owned properties are identified for affordable housing in accordance with Section , Florida Statutes: 1. Parcel ID# Legal Description: Lot 3, Block 4, Broggan's Vacant Parcel Florida Street, Stuart, FL 2. Parcel ID# Legal Description: Golden Gate Lots 1 thru 10, Block 146 Vacant Parcel - Unassigned, Stuart, FL 3. Parcel ID# Legal Description: New Monrovia, Lots 22, 23 & 24, Block 7 Vacant Parcel Geraldine St., Stuart, FL 4. Parcel ID# Legal Description: New Monrovia, Lots 25 thru 29, Block 7 Vacant Parcel Railway Ave., Stuart, FL 8 of 32

9 PREPARED BY AND RETURN TO: Carla Segura, Real Property Manager Martin County 2401 Monterey Road Stuart, Florida Real Property # 3014 SPACE ABOVE THIS LINE FOR RECORDING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NO. WHEREAS, Habitat for Humanity of Martin County, Inc., a Florida Non-Profit Corporation will grant to Martin County all their the right, title, interest, claim and demand 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: Lot 3, Block 4, Boggan's, PCN# Prior instrument reference: Quit Claim Deed, OR BK 2697, PG 1147, Document No , of the Clerk of Court of Martin County, recorded January 13, WHEREAS, Amanda Solomon, the prior owner of the property obtained a Deferred Payment Rehabilitation Mortgage (SHIP) from Martin County in 2002, said mortgage will be extinguished by transfer of property ownership to Martin County. WHEREAS, Sec and , 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 by the Board of County Commissioners of Martin County. NOW, THEREFORE, BE IT RESOLVED BY THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, THAT: The Martin County Board of County Commissioners hereby accepts and approves a Deed from Habitat for Humanity of Martin County, Inc., a Florida Non-Profit Corporation for the above described real property. DULY PASD AND ADOPTED THIS DAY OF, ATTEST: CAROLYN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS:, CHAIR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SARAH WOODS, COUNTY ATTORNEY 9 of 32

10 This instrument prepared by: Martin County Legal Department 2401 Monterey Road Stuart, FL Project Name: Habitat - Ship Property 3014 Property Address: 520 Florida Street PCN: SPACE ABOVE THIS LINE FOR PROCESSING DATA QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, Executed this day of, 2017, by Habitat for Humanity of Martin County, Inc., a Florida Non-Profit Corporation, whose mailing address is 2555 Bonita Street, Stuart, Florida 34997, grantor, to Martin County, a political subdivision of the State of Florida, whose mailing address is 2401 Monterey Road, Stuart, Florida 34996, grantee: WITNESTH, that the said grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration to the said grantor in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said grantee forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Martin County, State of Florida, to-wit: Lot 3, Block 4, Boggan's Prior instrument reference: QuitClaim Deed, OR BK 2697, PG 1147, Document No , of the Clerk of Court of Martin County, recorded January 13, 2014 SUBJECT TO all, if any, valid easements, rights of way, covenants, conditions, reservations and restrictions of record. 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, benefit and behalf of the said grantee forever. 10 of 32

11 IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Name: Print Name BY: Habitat for Humanity of Martin County, a Florida Non-Profit Corporation Print Name and Title: Name: Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of, 2017, by, who: [ ] is personally known to me, or [ ] has produced as identification, and who did not take an oath. (NOTARY AL) Name: Typed, printed or stamped I am a Notary Public of the State of having a commission number of and my commission expires: 11 of 32

12 ADVERTIMENT BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA PUBLIC HEARING FOR CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS PROPERTIES FOR AFFORDABLE HOUSING AS REQUIRED BY CTION , FLORIDA STATUTES NOTICE is hereby given that the Board of County Commissioners of Martin County, Florida, will, at its regular meeting to be held on November 28, 2017 at 9:00 a.m., or as soon thereafter as the matter may be heard and hold a public hearing at the Martin County Administrative Center, 2401 Monterey Road, Stuart, Florida. This meeting will be held for the public purpose of considering the disposition of County owned surplus properties for affordable housing as required by Section , Florida Statutes. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provisions of certain assistance. Please contact the Office of the County Administrator at (772) , or in writing to 2401 Monterey Road, Stuart, FL 34996, no later than three days before the meeting date. If you are hearing or voice impaired, please call (772) If any person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered at the meeting or hearing of the board, agency, or commission, that person will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. PUBLIC: THE STUART NEWS DATE: Run Ad on Sunday, November 19, 2017 Please send affidavit with tear sheet attached to invoice to: BOARD OF COUNTY COMMISSIONERS Accounting Department 2401 Monterey Road Stuart, FL of 32

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