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  County Administrator's Report     12. 12.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 12/08/2016  
Issue:    Recording of the Release of Conservation Easement Associated with DEP Permit#17-0251609-001-DE
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Recording of the Release of the Conservation Easement Associated with DEP Permit #17-0251609-001-DE - Joy D. Blackmon, P.E., Public Works Department Director.

That the Board authorize the recording of the Release of a Florida Department of Environmental Protection (FDEP) and United States Army Corp of Engineers (USACOE) Conservation Easement associated with the Escambia County Property Appraiser Property Identification Numbers 16-2S-31-4002-000-027, 16-2S-31-4002-000-000, and 16-2S-31- 5006-000-000.
BACKGROUND:
Meeting in regular session on July 7, 2016, the Board approved and authorized the County Administrator to sign the Agreement between Escambia County, Florida, and Hatch Mott MacDonald Florida, LLC, per the terms and conditions of PD 15-16.043 for Phase 1 and Phase 2 Design Services for the Perdido Bay Boat Ramp Project. Phase 1 was approved for a total of $228,051 (Design lump sum amount for $196,004 and Optional Services for $32,047). Phase 2 consisted of Construction Management Services for a not-to-exceed amount of $30,309, equaling a Phase 1 & 2 total of $258,360. The completion of Phase 2, Construction Management Services, is contingent upon funding for Phase 2 and funding for the construction of the Perdido Bay Boat Ramp (Funding: Fund 110, Other Grants & Projects, Cost Center 220812, Object Code 56301, $150,000; Fund 110, Other Grants & Projects, Cost Center 220807, Object Code 56301, $78,051).

The previous owner of the subject property was Herron Development Company, who granted a Conservation Easement to FDEP/USACOE in exchange for the ability to effect minor impact to a wetland area on the property. The Herron Development Company did not proceed with their development plans and did not perform any work on the property. In order for the County to fully develop and make full use of the property, the County requested that the Conservation Easement be vacated. Releasing the Conservation Easement is vital to the preferred design alternative to place the ramp on the Bayou versus the open waters of the Bay. The preferred design alternative reduces safety and maintenance concerns of a Bay ramp versus a Bayou ramp.

The request from the County for release of the Conservation Easement was accepted and approved by the USACOE and FDEP, resulting in the formal release of the Conservation Easement on October 25, 2016. The release now must be recorded into the official record.
BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:
The County Attorney’s Office has reviewed the document and indicated that the Release of Conservation Easement does not require any legal stamp because there is nothing for the Chairman to execute; they encouraged staff to submit a recommendation to have the BCC authorize the recording of the document. 
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
This recommendation is in compliance with the Escambia County, FL Code of Ordinances, Chapter 46, Article II, Purchases and Contracts.
IMPLEMENTATION/COORDINATION:
The Office of Real Estate will process the request for recording of the Release of Conservation Easement.

Attachments
Release of Conservation Easement
Aerial Map

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