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County Administrator's Report 14. 13.
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| BCC Regular Meeting |
Technical/Public Service Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Adoption of a Maintenance Claim Map for a Portion of O.C. Phillips Road - Joy Jones, P.E., Public Works Department Director
That the Board take the following action concerning the adoption of a Maintenance Claim Map for a portion of O.C. Phillips Road:
A. Adopt the Maintenance Claim Map prepared by Escambia County Engineering, Survey Project No. 201800123, Map No. L-6040, for approximately 1.6 miles (8,448 feet) of O.C. Phillips Road lying west of Highway 97A, in Sections 22, 23 and 27, Township 4 North, Range 33 West, Escambia County, Florida, which delineates the extent of County maintenance, pursuant to Section 95.361, Florida Statutes;
B. Authorize conveyance of a Quit Claim Deed to William C. Brown and Jean N. Brown, to confirm the return of areas previously conveyed to the County in 2001, located outside of the maintained right-of-way as defined on the Maintenance Claim Map; and
C. Authorize the Chairman or Vice Chairman to execute the Maintenance Claim Map and Quit Claim Deed and have them recorded at the County's expense in the Clerk of Court public records.
[Funding: Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
This project is located in Commission District 5. |
| BACKGROUND: |
Escambia County Road Department has maintained O.C. Phillips Road for several decades. In anticipation of paving O.C. Phillips Road, the County accepted a special warranty deed from William C. Brown and Jean N. Brown in 2001, for an area that included the maintained dirt road and other adjacent areas. The special warranty deed provided that if the County failed to pave the road prior to February 1, 2006, the title to the property would automatically revert to the Brown's. The County did not pave the area within the time allowed, but did continue to maintain the dirt road and did pave it in September 2015.
The Browns' attorney contacted the County Attorney's Office last summer to request assistance in confirming the operation of the reverter in the special warranty deed. In response to the request, the County Administrator directed the County Surveyor to begin the preparation of a Maintenance Claim Map that defined the extent of the County's maintenance, while the County Attorney's Office negotiated a form of quitclaim deed with the Browns' attorney for areas described in the 2001 special warranty deed that are located outside of the maintained right-of-way. This approach was initially acceptable to the Browns and their attorney. Unfortunately, the Browns grew frustrated with the time required to prepare the Maintenance Claim Map and directed their attorney to file suit against the County. Their lawsuit remains pending before the Circuit Court. |
| BUDGETARY IMPACT: |
Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office
Future Road Department budgets will reflect additional costs to maintain these improvements, if any. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The County Attorney's Office is responding to the lawsuit. |
| PERSONNEL: |
| All work associated with this recommendation will be done in-house and no additional staff is required. Future Road Department budgets will reflect additional cost to continue maintenance of road. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| The recommendation is consistent with Section 95.361, Florida Statutes. |
| IMPLEMENTATION/COORDINATION: |
| Once the Maintenance Claim Map has been approved by the Board and final sign-offs are given by the County Surveyor and the County Road Operations, the Engineering Department will ensure that the Maintenance Claim Map is transmitted to the Clerk of Court's Office for signatures and is properly recorded in the public records. If the Browns are willing to accept the quitclaim deed, the County Attorney's Office will ensure that it is recorded in the public records at the County's expense. |
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