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  County Administrator's Report     12. 41.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 11/07/2019  
Issue:    Surplus and Sale of An Unopened Section of Denton Road Depicted in the Survey Dated May 10, 2019
From: STEPHAN HALL
Department: Asst County Administrator  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Surplus and Sale of An Unopened Section of Denton Road Depicted in the Survey Dated May 10, 2019 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board take the following action concerning the surplus and sale of an unopened section of Denton Road depicted in the survey dated May 10, 2019:

A. Upon written request by the County Administrator, authorize the County Attorney's Office to take such action necessary to evict occupants of the unopened section of Denton Road depicted by the survey dated May 10, 2019;

B. Declare surplus the unopened section of Denton Road depicted in the survey dated May 10, 2019;

C. Make a factual determination, in accordance with Section 46.131 of the Escambia County Code of Ordinances, that (1) the property is of insufficient size and shape to be issued a building permit for any type of development to be constructed on, (2) the value of the property is $15,000 or less, and (3) the parcel is of use to only one or more adjacent property owners;

D. Authorize this property to be offered via private sale to the adjacent property owners, and authorize sale of the property to the bidder with the highest offer received at or above $7,492, as calculated by Engineering staff, without further action of this Board. Engineering asked internal staff to review the potential sale of this parcel and there were no objections. The successful bidder will pay all closing costs; and

E. Authorize the County Attorney's Office to prepare, and the Chairman to sign, all documents related to the sale of this property, without further action of the Board.
BACKGROUND:
The subject unopened section of Denton Road depicted in the survey dated May 10, 2019, was deeded to Escambia County via Quit Claim Deed from James Godwin (the developer of River Gardens) dated December 30, 1996, and was accepted by the County for public use on March 20, 1998, as authorized by action of the Board of County Commissioners at its June 24, 1997, Board Meeting.

The County received correspondence dated September 30, 2019, from Attorney Stephen Moorhead on behalf of his client Sugarberry Home, LLC, the owner of a parcel located at 3009 Denton Road, stating that the County shifted the road when the plat of River Gardens Third Addition was filed years after the 1996 Deed, eliminating any public use or need for the property.  He further stated that the only remaining use of the property was to provide access to his client's parcel. The attorney is requesting the opportunity for his client to purchase the unopened section of Denton Road depicted in the survey dated May 10, 2019.

Engineering asked internal staff to review the potential sale of this parcel and there were no objections. Per the survey, the area of the subject unopened section is 0.086 acres, totaling 3,746.16 square feet. At $2.00 per square foot, the total valuation is $7,492.32, as calculated by Engineering staff.  After application of the setbacks required for this zoning district, the remaining buildable area is only 180 square feet.

The property will be offered by private sale to the adjacent property owners with a starting bid set at $7,492.  The successful bidder will pay all closing costs.
BUDGETARY IMPACT:
Sale of this property will provide revenue for the General Fund.
LEGAL CONSIDERATIONS/SIGN-OFF:
The County Attorney's Office will prepare or approve all legal documents prior to execution by the Chairman.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
Florida Statutes, Section 125.35(2) and Escambia County Code of Ordinances, Section 46.131(1)(a-c)
IMPLEMENTATION/COORDINATION:
N/A

Attachments
Atty Stephen Moorhead - Correspondence dated September 30, 2019 (with attachments)
Staff correspondence dated October 16, 2019

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