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County Administrator's Report 12. 7.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	12/08/2016
Issue: Declaration of Restrictive Covenant _Camp Five Landfill
From:	Pat Johnson
Department:	Waste Services
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Declaration of Restrictive Covenant for Camp Five Landfill - Patrick T. Johnson, Waste Services Department Director

That the Board take the following action regarding the Declaration of Restrictive Covenant for Camp Five Landfill:

A. Approve and Authorize the recording of the Declaration of Restrictive Covenant required by the Florida Department of Environmental Protection (FDEP) for the Camp Five Landfill, located on County Road 12-A, 3.5 miles southeast of County Road 4 and County Road 99 intersection, Escambia County, Florida;

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

C. Authorize the Chairman to sign the document.

The Florida Department of Environmental Protection (FDEP) has requested that the County provide Ownership and Encumbrance Reports for the County-owned property located on County Road 12-A, 3.5 miles southeast of County Road 4 and County Road 99 intersection, 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.

WARNING: The scope of the County Attorney's review and approval does not include the warranties of title found in Section 9 of the Declaration of Restrictive Covenant and Access Easement Agreement; Section 125.411, Florida Statutes, precludes the County from warranting title or representing any state of facts regarding the same. Purchasing an Ownership and Encumbrance Report, as required by FDEP, would also be contrary to the intent of Section 125.411.

[Funding Source: Fund 401 Solid Waste, Cost Center 230304, Object Code 54901]

BACKGROUND:

The Camp Five Landfill is a closed Class II landfill owned by Escambia County, which operated as a landfill from 1980 until June 30, 1988. The site was closed followed by long-term care activities from 1995-2015. Following completion of the 20 year long-term care period the County and the FDEP began final site closeout discussions. As a condition of closing the site the FDEP has required the County to execute a Declaration of Restrictive Covenant. This is required due to previous groundwater contamination associated with the landfilling activites.

BUDGETARY IMPACT:

Funding for the updated title will be paid from Fund 401 Solid Waste, Cost Center 230304, Object Code 54901.

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney Stephen West has reviewed and approved the document for legal form and sufficiency. The scope of the County Attorney's review and approval does not include the warranties of title found in Section 9 of the Declaration of Restrictive Covenant and Access Easement Agreement. Section 125.411, Florida Statutes, precludes the County from warranting title or representing any state of facts regarding the same. Purchasing an Ownership and Encumbrance Report, as required by FDEP, would also be contrary to the intent of Section 125.411.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Board approval is necessary to complete this requirement.

IMPLEMENTATION/COORDINATION:

Waste Services staff will coordinate implementation tasks and execute any documents needed to complete the project.

Attachments
Declaration of Restrictive Covenanant_Camp V