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County Administrator's Report 10. 1.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	11/02/2017
Issue: Authorize Declaration of Restrictive Covenants and Provide Ownership and Encumbrance Reports for the Palafox Transfer Station
From:	Pat Johnson
Department:	Waste Services
CAO Approval:

RECOMMENDATION:

Recommendation to Authorize the Recording of Declaration of Restrictive Covenants and Provide Ownership and Encumbrance Reports for the Palafox Transfer Station - Patrick T. Johnson, Waste Services Department Director

That the Board take the following action regarding the Declaration of Restrictive Covenants for the Palafox Transfer Station:

A. Authorize the recording of the Declaration of Restrictive Covenants required by the Florida Department of Environmental Protection (FDEP) for the Palafox Transfer Station, located at 2906 North Palafox Street, Escambia County, Pensacola, Florida; and

B. Provide current Ownership and Encumbrance Reports on the said property to support the Declaration of Restrictive Covenant documents;

The Florida Department of Environmental Protection (FDEP) has requested that the County provide Ownership and Encumbrance Reports for the County-owned property located at 2906 North Palafox Street, Pensacola, Escambia County, Florida, as required documentation for Restrictive Covenants which are to be recorded on the property. The Florida Statute Section 125.411, prohibits the County from warranting its own properties of conveyance. The County Attorney's Office has concerns that the updated title constitutes a form of warranty which would violate Florida Statute 125.411.

BACKGROUND:

On September 8, 2009, Escambia County acquired the Palafox Transfer Station located at 2906 North Palafox Street.

Recently, the Waste Services Department completed the Construction Phase of a Limited Scope Remedial Action Plan (LSRAP) to remove pre-existing arsenic contaminated soil from the facility. Findings by the Florida Department of Environmental Protection require that a Declaration of Restrictive Covenants be placed on the property. Standard updated title information is required to be included as backup to complete this task.

BUDGETARY IMPACT:

Funding for the updated title will be paid from Fund 401 Solid Waste, Cost Center 230307.

LEGAL CONSIDERATIONS/SIGN-OFF:

The County Attorney has been briefed and is aware of FDEP requirements concerning the property and the Declaration of Restrictive Covenants. The Florida Department of Environmental Protection (FDEP) has requested that the County provide Ownership and Encumbrance Reports for the County-owned property located at 2906 North Palafox, Pensacola, Escambia County, Florida, as required documentation for Restrictive Covenants which are to be recorded on the property.

Florida Statutes Section 125.411 prohibits the County from warranting its own properties of conveyance. The County Attorney's Office has concerns that the updated title constitutes a form of warranty which would violate Florida Statute 125.411.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Board approval is necessary to complete this FDEP requirement.

IMPLEMENTATION/COORDINATION:

Waste Services staff will coordinate implementation tasks with FDEP and BCC Public Works to execute any documents needed to complete the project.

Attachments
FDEP Proposed Conditional Closure
FS 125.411