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County Administrator's Report 11. 13.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Acceptance of a Permanent Easement from International Paper Company for Muscogee Road (County Road 184) Widening and Drainage Improvements - Joy D. Blackmon, P.E., Public Works Department Director
That the Board take the following action concerning acceptance of a permanent easement from International Paper Company along Muscogee Road (County Road 184) between Beulah Road and Carlisle Drive for widening and drainage improvements:
A. Accept the donation of a permanent easement from International Paper Company along Muscogee Road (County Road 184) between Beulah Road and Carlisle Drive for widening and drainage improvements;
B. Authorize the payment of documentary stamps because the property is being donated for governmental use, which is for drainage improvements, and the County benefits from the acceptance of this property, which enhances the safety and well-being of the citizens of Escambia County;
C. Authorize the payment of incidental expenditures associated with the recording of documents; and
D. Authorize the Chairman or Vice Chairman to accept the Easement as of the day of delivery of the Easement to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.
NOTE: The County Attorney's Office has requested that the Board be made aware of the following: The scope of the County Attorney's review and approval does not include sections 8, 9, 10, and 13 of the easement, which requires the County to directly or indirectly provide indemnities, waivers, purchase insurance, and pay the other party's attorneys' fees. The County Attorney advises against agreeing to these provisions because they would require the County to pay for damages, injuries, and expenses that the County is not otherwise legally obligated to pay. Additionally, the insurance provisions in section 10 would require the County to improperly expend public funds to purchase insurance for a private party.
[Funding: Fund 352, "LOST III," Cost Center 210107, Project #09EN0115 "Muscogee Road"] |
| BACKGROUND: |
The purpose of this Easement is to allow Escambia County to continue maintenance in the described area and make improvements associated with widening the road. These improvements will include drainage upgrades and adding paved shoulders to Muscogee Road (County Road 184).
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| BUDGETARY IMPACT: |
| Funds for the project are available in Fund 352 "LOST III", Cost Center 210107, Project #09EN0115 "Muscogee Road". |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The scope of the County Attorney’s review and approval does not include sections 8, 9, 10, and 13 of the easement, which require the County to directly or indirectly provide indemnities, waivers, purchase insurance, and pay the other party’s attorneys’ fees. The County Attorney advises against agreeing to these provisions because they would require the County to pay for damages, injuries, and expenses that the County is not otherwise legally obligated to pay. Additionally, the insurance provisions in section 10 would require the County to improperly expend public funds to purchase insurance for a private party. |
| PERSONNEL: |
| All work associated with this request is being done in-house and no additional staff is required. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| These actions are consistent with the provisions of Section 46-139, Escambia County Code of Ordinances. |
| IMPLEMENTATION/COORDINATION: |
| Upon Board approval, staff will proceed in compliance with Section 46-139 of the County Code of Ordinances. |
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