4C1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONNT PRET: TITLE: ACCEPTANCE OF A DRAINAGE EAMENT FROM CASA PISCES, LLC (CASA) AGENDA ITEM DATES: MEETING DATE: 4/25/2017 COMPLETED DATE: 4/13/2017 COUNTY ATTORNEY: 4/3/2017 ASSISTANT COUNTY ADMINISTRATOR: 4/10/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Don Donaldson, P.E., Engineering Department Director Name: Procedures: None EXECUTIVE SUMMARY: Engineering Carla Segura, Real Property Manager Request for adoption of a resolution accepting and approving a Drainage Easement from CASA along a portion of Salerno Road.at DeSoto Avenue. APPROVAL: LEG CA BACKGROUND/RELATED STRATEGIC GOAL: 1. Easement drafted by: Martin County 808803ba 1 of 10
2. Parties to the Agreement: Martin County, Grantee CASA, Grantor 3. Purpose: Ensure drainage rights 4. New/Renewal/Modified: New 5. Duration: Perpetual 6. Benefits to Martin County: Protect County drainage facilities 7. Costs to Martin County Minimal Recording fees The Community Redevelopment Agency provided roadway, utility and drainage improvements in the area surrounding Desoto Avenue and Salerno Road in 2010. The drainage improvements were constructed in the right-of-ways (ROW) as well as across adjacent private property owned by CASA. The County requested and received, a Drainage Easement from CASA in 2010 (OR BK 2465 PG 0072) to accommodate the improvements. Later it was discovered in the Commission Records that a five foot (5') strip of the Salerno ROW was abandoned by the County in 1952 but was never recorded in the public records. A portion of the abandoned strip of the ROW includes the County's drainage improvements constructed in 2010. In order to resolve the issue, staff obtained a certified copy of the 1952 Commission minutes from the Clerk of the Court, recorded them in the public records (OR BK 2621 PG 672) and requested an additional Drainage Easement from CASA. Real Property has confirmed ownership of the Easement Premises and there are no mortgages affecting the easement area. Section 139.31 and 139.32, General Ordinances, Martin County Code require that all conveyance of an interest in land to Martin County for any public purpose shall be accepted and approved by Resolution of 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 legal risks, and has developed strategies for legal defensibility. RECOMMENDED ACTION: RECOMMENDATION 808803ba 2 of 10
Move that the Board adopt the Resolution accepting and approving the Drainage Easement from Casa Pisces, LLC, a Florida limited liability company, and authorize the Chair to execute any documents necessary to complete the transaction. ALTERNATIVE RECOMMENDATIONS Move that the Board provide staff with alternative direction. FISCAL IMPACT: RECOMMENDATION Minimal recording fees Funding Source County Funds Non-County Funds Authorization Subtotal Project Total ALTERNATIVE RECOMMENDATIONS None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter 1 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 _ ACA X LEG 808803ba 3 of 10
R O MARTIN COUNTY ENGINEERING DEPARTMENT SURVEY DIVISION REAL PROPERTY # 1865 IE RD F Casa Pisces, LLC Drainage Easement DI X HW Y VE WY KA LH C JA A ER ED CO VE RS HO H ES KU BI N AV E Site ON BERTS SL A TE S T E RS O O EP INT VE CO RD RD RD E D O AV SO T Original Drainage Easement OR BK 2465 PG 0072 E Ë R NO R LE SA D NOT TO SCALE 2013 AERIAL Additional Drainage Easement (5') E X H I B I T O N LY 4 of 10
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, Martin County needs a Drainage Easement across certain lands owned by Casa Pisces, LLC, a Florida limited liability company; and WHEREAS, by document entitled "Drainage Easement" executed on April 25, 2017, Casa Pisces, LLC, granted to Martin County a perpetual non-exclusive Drainage Easement; and WHEREAS, Sec. 139.31 and 139.32, General Ordinances, Martin County Code require that any conveyance of any 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: Martin County hereby accepts and approves the Drainage Easement from Casa Pisces, LLC, a Florida limited liability company. DULY PASS AND ADOPTED THIS 25TH DAY OF April, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA CAROLYN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER DOUG SMITH, CHAIRMAN APPROVED AS TO FORM & LEGAL SUFFICIENCY: SARAH W. WOODS, COUNTY ATTORNEY 5 of 10
This instrument prepared by: Jeffrey Dougherty Real Property Manager Martin County 2401 Monterey Road Stuart, FL 34996 Project Name: Casa Pisces/Drainage Easement - 1865 Property Address: 4745 DeSoto Avenue, Stuart, FL 34997 PCN:51-38-41-001-068-00120-8 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA DRAINAGE EAMENT THIS DRAINAGE EAMENT granted and executed this day of, 2017, by Casa Pisces, LLC, a Florida limited liability company, Grantor, whose address is 4745 DeSoto Avenue, Stuart, FL 34997, 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.) WITNESTH that the Grantor, for and in consideration of the sum of $1.00 in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the Grantee forever, a perpetual easement on, over, under, across and through the land described and depicted on Exhibit "A" attached hereto and made a part hereof (the "Easement Premises") for the purpose of the construction, installation, repair, maintenance and replacement of a surface and sub-surface drainage system, and to direct the flow of surface water, including stormwater, onto and/or through said drainage system, together with ingress and egress across, over, and upon the Easement Premises as may be reasonably necessary, to carry out the purposes of this easement. Said easement situate, lying and being in the County of Martin, State of Florida, to wit: See Exhibit A attached hereto and made a part hereof. Subject to the continued existence of the drainage system, Martin County hereby agrees to restore the surface of the said Easement Premises following any work therein to a state comparable to that which existed prior to the commencement of construction of said drainage system. 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 underlying the Easement Premises, and will defend the same against the lawful claims of all persons whomsoever. Accepted per Resolution 17-6 of 10
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: GRANTOR: Casa Pisces, LLC, a Florida limited liability company By: Printed Name: John L. Hennessee Its: Sole Member Printed Name: STATE OF FLORIDA COUNTY OF MARTIN The foregoing instrument was acknowledged before me this day of, 2017, by John L. Hennessee, as Sole Member of Casa Pisces, LLC, a Florida limited liability company, on behalf of the company. He is ( ) personally known to me or ( ) has/have produced as identification. Notary Public, State of Florida Print Name: My Commission Expires: 7 of 10
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