8B3-2015-07-21 Wallace Lift Station Utility

8B3
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY
PLACEMENT: DEPARTMENTAL
PRESET:
TITLE: ACCEPTANCE OF A UTILITY EASEMENT FROM STUART HYUNDAI, LLC AND WILLIAM
WALLACE AUTOMOTIVE, LLC AND A UTILITY EASEMENT FROM WILLIAM WALLACE
ENTERPRISES, INC., STUART HYUNDAI, LLC AND STUART AUTOMOTIVE, LLC ON THE
WESTERLY SIDE OF SE COMMERCE AVE
AGENDA ITEM DATES:
MEETING DATE:
7/21/2015
COMPLETED DATE:
7/9/2015
COUNTY ATTORNEY:
6/29/2015
ASSISTANT COUNTY ADMINISTRATOR:
7/6/2015
REQUESTED BY:
DEPARTMENT:
PREPARED BY:
Name: John Polley, Director,
Utilities and Solid Waste
Department
Engineering
Jeffrey Dougherty, Real
Property Manager
Name:
Norman Asbjornsen, Real
Property Specialist
Procedures: None
EXECUTIVE SUMMARY:
This is a request for the adoption of a resolution accepting a Utility Easement from Stuart Hyundai, LLC
and William Wallace Automotive, LLC and a Utility Easement from William Wallace Enterprises, Inc.,
Stuart Hyundai, LLC and Stuart Automotive, LLC to properly cover the area occupied by an existing lift
station and forcemain on SE Commerce Avenue.
APPROVAL:
LEG
ACA
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BACKGROUND/RELATED STRATEGIC GOAL:
1. Two Utility Easements prepared by:
Norman Asbjornsen, Real Property Specialist.
2. Parties to the Utility Easements:
Stuart Hyundai, LLC and William Wallace Automotive,
LLC, grantors and Martin County, grantee (West
easement) and William Wallace Enterprises, Inc., Stuart
Hyundai, LLC and Stuart Automotive, LLC, grantors and
Martin County, grantee (East easement).
3. Purpose of the Utility Easements:
To cover the entire area occupied by Lift Station #172 and
the forcemain connecting it to SE Commerce Ave which
the 1990 utility easement recorded in Official Records
Book 934, Page 62 failed to do.
4. New/Renewal/Modified:
There is a 1990 utility easement recorded in Official
Records Book 934, Page 62.
5. Duration:
Perpetual
6. Benefits to Martin County:
Acquisition of a properly described easement for Lift
Station #172 and its forcemain connection.
7. Cost to Martin County:
None.
Real Property Management has confirmed ownership of the Easement Premises in Stuart Hyundai,
LLC and William Wallace Automotive, LLC, (West easement) and William Wallace Enterprises, Inc.,
Stuart Hyundai, LLC and Stuart Automotive, LLC, (East easement). Each easement parcel is
encumbered by a mortgage held by Bank of America, N.A. Both mortgages are subordinated by a
Consent of Mortgagee instrument attached to each easement.
Sec. 139.31 and 139.32, 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.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
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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 the Utility Easements from Stuart Hyundai,
LLC and William Wallace Automotive, LLC, (West easement) and William Wallace Enterprises,
Inc., Stuart Hyundai, LLC and Stuart Automotive, LLC, (East easement).
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None. Recording fees to be paid by USD.
Funding Source
County Funds
Non-County Funds
Authorization
Subtotal
Project Total
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
Budget Transfer / Amendment
Chair Letter
Grant / Application
Ordinance
Notice
Contract / Agreement
1 Resolution
Other:
ROUTING:
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MARTIN COUNTY
ENGINEERING DEPARTMENT
SURVEY DIVISION
REAL PROPERTY # 2306
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WALLACE LIFT STATION
UTILITY EASEMENTS
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Wallace Chevrolet
under construction
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Wallace Mazda
Wallace Hyundai & Volvo
SE MIAMI AVE
Legend
West Easement - Wallace Hyundai, et al
East Easement - Wm Wallace Ent, et al
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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. 15-7. ____
WHEREAS, Martin County needs a Utility Easement from Stuart Hyundai, LLC and William
Wallace Automotive, LLC and a Utility Easement from William Wallace Enterprises, Inc., Stuart
Hyundai, LLC and Stuart Automotive, LLC for the installation and maintenance of certain utility
facilities, and
WHEREAS, by document entitled “Utility Easement” executed on June 11, 2015, Stuart
Hyundai, LLC and William Wallace Automotive, LLC and by document entitled “Utility Easement”
executed on June 11, 2015 William Wallace Enterprises, Inc., Stuart Hyundai, LLC and Stuart
Automotive, LLC granted to Martin County two perpetual non-exclusive Utility Easements; and
WHEREAS, Sec. 139.31 and 139.32, 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 two Utility
Easements conveyed by Stuart Hyundai, LLC and William Wallace Automotive, LLC and by William
Wallace Enterprises, Inc., Stuart Hyundai, LLC and Stuart Automotive, LLC.
DULY PASSED AND ADOPTED THIS 21st DAY OF JULY, 2015.
ATTEST:
MARTIN COUNTY BOARD OF COUNTY
COMMISSIONERS:
___________________________________
CAROLYN TIMMANN, CLERK OF THE
CIRCUIT COURT AND COMPTROLLER
__________________________________________
ED FIELDING, CHAIRMAN
FORM AND LEGAL SUFFICIENCY APPROVED:
_____________________________________________
MICHAEL D. DURHAM, COUNTY ATTORNEY
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APPROVED BY:
NORMAN
ASBJORNSEN
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APPROVED BY:
NORMAN
ASBJORNSEN
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