6B BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: TITLE: REQUEST FOR THE ABANDONMENT OF A PORTION OF THE PLATTED NE ST. LUCIE BOULEVARD RIGHT-OF-WAY LYING WITHIN THE PLAT OF RIVER TERRACE 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: W. Dennis Martin, Applicant Name: Don Donaldson, P.E., Engineering Department Director Procedures: None EXECUTIVE SUMMARY: Engineering Jeffrey Dougherty, Real Property Manager Norman Asbjornsen, Real Property Specialist Estimated staff presentation: 10 minutes. This is a request for the Board to consider an application for the abandonment of a portion of the platted NE St. Lucie Boulevard right-of-way as described in the petition for abandonment. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 80847cab 1 of 24
By Petition to Abandon, dated October 12, 2016, W. Dennis Martin requests that the Board consider the abandonment of a portion of NE St. Lucie Boulevard platted right-of-way lying within the 1947 River Terrace plat in Jensen Beach. The Petitioner is seeking this abandonment in order to more efficiently manage his property. Said right-of-way being sought for abandonment is not, nor has it ever been an open road. It is approximately 50' x 101' and is located south and east of NE Kubin Avenue on said plat. Mr. Martin owns all the land within the river Terrace plat lying adjacent to the abandonment parcel. AT&T and FPL have requested a Utility Easement for the existing overhead line and Martin County Utilities has requested a ten foot utility easement along the northern portion of the abandonment parcel. A $3,200 processing application fee has been received. According to the November 21, 2016 appraisal prepared by James McKeman, FL Certification #RD2447, the abandonment parcel has a value of $24,000. ISSUES: The property owners directly east of the proposed abandonment right-of-way parcel, Rafael Munne and Barbara Schall-Munne, have objected to the abandonment and would like to use it for access to their property. The Munne's property is not within the plat of River Terrace; it is within the adjacent 1962 unrecorded subdivision of Banyan Terrace Cottages. The legal access to their property is via NE Banyan Tree Drive. A prior request for abandonment of this portion of NE St. Lucie Boulevard was considered in January 1977. Resolution 77-1.11 denied the request based upon the Board's determination that the "road will be needed as part of the County's road system". 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 the Board adopt the Resolution for the abandonment of a portion of NE St. Lucie Boulevard within the River Terrace plat with the following conditions: (1.) Publication one time within thirty (30) days of a Notice of Adoption of this Resolution in a newspaper of general circulation published in Martin County, Florida. (2.) Receipt of a privilege fee of $24,000 remitted to Martin County. (3.) Recordation of a Utility Easement from W. Dennis Martin to Martin County in the official records which is approved and accepted pursuant to this Resolution. 80847cab 2 of 24
(4.) Recordation of a Public Utility Easement from W. Dennis Martin to Martin County in the official records which is approved and accepted pursuant to this Resolution. ALTERNATIVE RECOMMENDATIONS Move that the Board deny the request to abandon. FISCAL IMPACT: RECOMMENDATION County will receive $24,000. ALTERNATIVE RECOMMENDATIONS None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 80847cab 3 of 24
RD L ERA NN AH FED NE I VA N E DIX A S W EH Y Site NW DIX I EH WY Y HW NE St Lucie Boulevard Abandonment NW MARTIN COUNTY ENGINEERING DEPARTMENT REAL PROPERTY # 2814 Martin Petitioner Lots 26 & 27 Block 1 River Terrace NE BANYAN TREE DR NE KUBIN AVE SE OCEAN BLV PROPOSED ABANDONMENT NE ST LU B CIE LV Munne Lot Owner Banyan Terrace Cottages Unrec Satur No Objection Martin Petitioner Lots 1 & 2 Block 3 River Terrace Ë NOT TO SCALE 2016 AERIAL E X H I B I T O N LY 4 of 24
BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA RESOLUTION NO. 17- REGARDING THE ABANDONMENT OF A PORTION OF THE NE ST. LUCIE BLVD RIGHT-OF-WAY LYING WITHIN THE PLAT OF RIVER TERRACE MARTIN COUNTY, FLORIDA WHEREAS, this Board has made the following determinations of fact: 1. Pursuant to notice published in The Stuart News on February 5, 2017, a public hearing was held by the Board of County Commissioners of Martin County, Florida, on the 21st day of February, 2017, in the Martin County Administrative Center, 2401 SE Monterey Road, Stuart, Florida, concerning abandoning and vacating the following described right-of-way in Martin County, Florida: SEE ATTACHED EXHIBIT A 1. Any and all persons desiring to be heard regarding this matter were given an opportunity to present their views to this Board; 2. This Board has determined that the above-described right-of-way will not be needed as part of the County s road system; 3. This Board has determined that vacating and abandoning said right-of-way would not be contrary to the public interest; 4. This Board has determined that no property owner will be denied access to their property as a result of this abandonment. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Martin County, Florida, that: A. The following described right-of-way in Martin County, Florida, be and hereby is vacated and abandoned, subject to the conditions set forth in part B: SEE ATTACHED EXHIBIT A B. The vacation and abandonment of said right-of-way is subject to all easements of record and the following conditions precedent: 5 of 24
1) Publication one time within thirty (30) days of a Notice of Adoption of this Resolution in a newspaper of general circulation published in Martin County, Florida. 2) Receipt of a privilege fee in the amount of $24,000 remitted to Martin County. 3) Recordation of a Utility Easement from W. Dennis Martin to Martin County in the official records which is approved and accepted pursuant to this Resolution. 4) Recordation of a Public Utility Easement from W. Dennis Martin to Martin County in the official records which is approved and accepted pursuant to this Resolution. THIS RESOLUTION SHALL NOT BE RECORDED UNTIL ALL CONDITIONS HAVE BEEN SATISFIED. DULY PASSED AND ADOPTED THIS 21ST DAY OF FEBRUARY, 2017 ATTEST: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS: CAROLYN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER DOUG SMITH, CHAIR APPROVED AS TO FORM & LEGAL SUFFICIENCY: SARAH WOODS, ACTING COUNTY ATTORNEY 6 of 24
EXHIBIT A That portion of NE St. Lucie Boulevard lying between Lot 27, Block 1 and Lots 1 and 2, Block 3, River Terrace Subdivision, according to the plat recorded in Plat Book 2, Page 59-A, public records of Martin County, Florida 7 of 24
This instrument prepared by: Martin County 2401 SE Monterey Road Stuart, FL 34996 Project Name: NE St. Lucie Blvd Abandonment Project No: 2814 PCN: Existing 50 Right of Way SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA UTILITY EASEMENT THIS EASEMENT granted and executed this day of, 2017, by Wylie Dennis Martin, an unmarried man, whose mailing address is 907 NE Kubin Avenue, Jensen Beach, Florida 34957, Grantor, to MARTIN COUNTY, a political subdivision of the State of Florida, whose address is 2401 SE 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 and sufficiency whereof is hereby acknowledged, does hereby grant unto the Grantee forever, an 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. The Grantor hereby covenants with said 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; that Grantor fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. The Grantor agrees that, after execution of this document, 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 17-8 of 24
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: Print Name By: Wylie Dennis Martin Print Name State of Florida } County of } The foregoing Utility Easement was acknowledged before me this day of, 2017 by Wylie Dennis Martin who is ( ) personally known to me or has produced as identification. Notary Public 9 of 24
EXHIBIT A 10 of 24
Return original to: Martin County Board of County Commissioners Real Property 2401 SE Monterey Road Stuart, FL 34996 Project Name: NE S. Lucie Blvd Abandon Project No: 2814 PCN: Existing 50 Right of Way SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA PUBLIC UTILITY EASEMENT THIS EASEMENT granted and executed this day of, 2017 by Wylie Dennis Martin, an unmarried man, whose address is 907 NE Kubin Avenue, Jensen Beach, Florida 34957, Grantor, to MARTIN COUNTY, a political subdivision of the State of Florida, whose address is 2401 SE 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 and any public utility company forever, an easement for the construction, reconstruction, replacement, operation, maintenance, and repair of utility related equipment, 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. The Grantor hereby covenants with said 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; that Grantor fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. Accepted per Resolution 17-11 of 24
IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: Print Name Print Name Wylie Dennis Martin, Grantor State of } County of } The foregoing Utility Easement was acknowledged before me this day of, 2017 by Wylie Dennis Martin who is ( ) personally known to me or has produced as identification. Notary Public SEAL/STAMP 12 of 24
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EXHIBIT A That portion of NE St. Lucie Boulevard lying between Lot 27, Block 1 and Lots 1 and 2, Block 3, River Terrace Subdivision, according to the plat recorded in Plat Book 2, Page 59-A, public records of Martin County, Florida 18 of 24
UNOFFICIAL COPY (FOR ORIGINAL SEE MARTIN COUNTY CLERK OF COURTS) 19 of 24
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