BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Transcription

1 4E1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: EXECUTION AND ADOPTION OF A UTILITY EASEMENT AGREEMENT BY AND BETWEEN MARTIN COUNTY AND OBP WEST, LLC AND TO ADOPT A RESOLUTION ACCEPTING A UTILITY EASEMENT FROM OBP WEST, LLC AGENDA ITEM DATES: MEETING DATE: 9/27/2011 COMPLETED DATE: 9/15/2011 COUNTY ATTORNEY: 9/5/2011 ASSISTANT COUNTY ADMINISTRATOR: 9/12/2011 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: John Polley, Director Utilities and Solid Waste John Polley Name: Procedures: None Utilities & Solid Waste Director EXECUTIVE SUMMARY: Board action is requested to authorize execution and adoption of a Utility Easement Agreement by and between Martin County and OBP West, LLC and to adopt a resolution accepting a Utility Easement from OBP West, LLC. APPROVAL: ENG LEG ACA CA 801e7c05 PDF Page 1 of 39

2 BACKGROUND/RELATED STRATEGIC GOAL: Execution of the Utility Easement Agreement will facilitate construction of a twelve inch (12 ) wastewater force main across property owned by OBP West, LLC. The force main is necessary to complete connection of wastewater customers inclusive of Indian River Plantation, Sewall s Point and Ocean Breeze Park. Pursuant to the agreement Martin County will construct the force main across OBP West property. OBP West will provide engineering services to certify that the construction is within the easement and is consistent with the approved drawings. OBP West may elect to construct the improvements prior to the County s commencement of the project. If OBP West elects to construct the improvements, the County shall provide a credit to OBP West for capital facility charges in accordance with USD Policy (Attachment A) which provides for credits for over sizing of required lines to meet the County s additional needs. The policy is consistent with the County s Comprehensive Growth Management Plan, Chapter 10.4A3f&g (Attachment B). The Resolution will be submitted via Supplemental Memo. ISSUES: None. RECOMMENDED ACTION: RECOMMENDATION The Board authorize execution of and adoption of a Utility Easement Agreement by and between Martin County and OBP West, LLC. The Board authorize execution of and adoption of a resolution accepting the Utility Easement from OBP West, LLC. The Board authorize the Chairman to execute any and all documents necessary to complete transaction. ALTERNATIVE RECOMMENDATIONS Do not authorize execution of the Utility Easement Agreement by and between Martin County and OBP West, LLC. FISCAL IMPACT: RECOMMENDATION None ALTERNATIVE RECOMMENDATIONS 801e7c05 PDF Page 2 of 39

3 None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter 1 Contract / Agreement Grant / Application Notice Ordinance 1 Resolution 1 Other: Utility Easement ROUTING: _ ADM _ BLD _ CDD _ COM X ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 801e7c05 PDF Page 3 of 39

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19 EXHIBIT C This instrument prepared by: Martin County Attorney s Office 2401 S.E. Monterey Road Stuart, Florida Project Name: OBP West PCN: (a portion of) SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA UTILITY EASEMENT THIS EASEMENT is granted and executed this day of, 2011, by OBP WEST, LLC, a Florida limited liability company, whose address is 5690 Sunshine Farms Way, Palm City, Florida 34990, 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 $1.00 and other good and valuable considerations, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby grant unto the Grantee forever, a non-exclusive easement for the construction, reconstruction, replacement, operation, maintenance, and repair of utility related equipment, including, but not limited to lift stations, pumps, pipelines, fences, structures, and powerline hookups, if required, in, under, over, across and through the following described land, situate, lying and being in the County of Martin, State of Florida, to-wit: See Exhibit "A" attached hereto and made a part hereof. AND further, the right of reasonable ingress and egress over and across subject property as is necessary to the Grantee's use of the rights granted herein. AND SUBJECT TO the Grantor s, its successors and/or assigns, platting the subject property and use of all or a portion of the subject property, in addition to the purposes set forth herein, for roadway, drainage, other utility, including but not limited to cable, telephone and electric, and landscaping purposes. The Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to grant and convey this easement; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. RM: :1 PDF Page 19 of 39

20 EXHIBIT C Signed, sealed and delivered in our presence: Print Name: Print Name: OPB WEST, LLC, a Florida limited liability company By: Marcia Hendry-Coker Its: Managing Member STATE OF FLORIDA COUNTY OF MARTIN The foregoing instrument was acknowledged before me on this day of, 2011, by Marcia Hendry-Coker, as Managing Member of the OBP West, LLC, a Florida limited liability company, on behalf of said company, who ( ) is personally known to me or ( ) who has produced as identification. Notary Public Print Name: My Commission expires: RM: :1 PDF Page 20 of 39

21 EXHIBIT C MARTIN COUNTY ATTEST: Marsha Ewing, Clerk BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA By: Doug Smith, Chairman APPROVED AS TO FORM AND CORRECTNESS: (COMMISSION SEAL) Stephen Fry County Attorney RM: :1 PDF Page 21 of 39

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33 BCC MEETING DATE: September 27, 2011 AGENDA ITEM: 4E1 TO: VIA: FROM: MARTIN COUNTY, FLORIDA SUPPLEMENTAL MEMORANDUM Honorable Members of the Board DATE: September 19, 2011 of County Commissioners Taryn Kryzda County Administrator John Polley Utilities & Solid Waste Director REF: 801e7c05 SUBJECT: EXECUTION AND ADOPTION OF A UTILITY EASEMENT AGREEMENT BY AND BETWEEN MARTIN COUNTY AND OBP WEST, LLC AND TO ADOPT A RESOLUTION ACCEPTING A UTILITY EASEMENT FROM OBP WEST, LLC The supplemental memo provides Attachment A and Attachment B mentioned in the Background/Related Strategic Goal section of the agenda item. It also provides the Resolution for approval. Reviewed by Stephen Fry, County Attorney Page 1 usd2011m918 SUPPLEMENTAL.docx PDF Page 33 of 39

34 ATTACHMENT A USD POLICY CFC CREDITS FOR OFF-SITE IMPROVEMENTS PDF Page 34 of 39

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38 ATTACHMENT B COUNTY S COMPREHENSIVE GROWTH MANAGEMENT PLAN CHAPTER 10.4.A.3 F&G Policy 10.1C.6. When a property owner requests the County to provide wastewater service to a property and providing the service requires installation of a transmission line, the County will allow a portion of the capital facility charge as a credit towards construction of the line. Policy 10.1C.7. To encourage developers to provide sewer capacity in excess of their project's needs, the County shall consider cost recovery agreements. The owner and the County shall apply credit towards the capital facility charges (CFC) in accordance with the CFC credit policy in effect at the time. PDF Page 38 of 39

39 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, the Martin County Utilities and Solid Waste Department needs a Utility Easement across portions of property owned by OPB WEST, LLC, a Florida limited liability company, for the installation and maintenance of certain utility facilities, and WHEREAS, by document entitled UTILITY EASEMENT executed on the 12 th day of August, 2011, OPB WEST, LLC, granted to Martin County a perpetual non-exclusive Easement for the construction, reconstruction, replacement, operation, maintenance and repair of utility related equipment, including, but not limited to lift stations, pumps, pipelines, fences, structures, and powerline hookups, if required, in, under, over, across, and through a portion of its property and the right of reasonable ingress and egress over and across subject property as is necessary to Martin County s use of the rights granted therein, and 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 the foregoing Utility Easement conveyed to Martin County by OPB WEST, LLC. DULY PASSED AND ADOPTED THIS 27 TH DAY OF SEPTEMBER, ATTEST: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS: MARSHA EWING, CLERK EDWARD V. CIAMPI, CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: STEPHEN FRY, COUNTY ATTORNEY PDF Page 39 of 39