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  County Administrator's Report     14. 14.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 05/17/2018  
Issue:    Acceptance of 5' Perpetual Sidewalk Easement - Pensacola Beach Access Road Project - Beach to Bay LLC
From: Joy Jones
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Acceptance of a 5' Perpetual Sidewalk Easement Along the Beach to Bay, LLC, Property for the Pensacola Beach Boulevard Access Road Project - Joy Jones, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of the donation of a 5' Perpetual Sidewalk Easement along property owned by Beach to Bay, LLC, for the Pensacola Beach Boulevard Access Road Project:

A. Accept the donation of the 5' Perpetual Sidewalk Easement for the Pensacola Beach Boulevard Access Road Project from Beach to Bay, LLC;

B. Authorize the payment of documentary stamps because the property is being donated for governmental use, which is for an access road, 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 documents as of the day of delivery of the Easements, and for the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.

The County Attorney asks that you please note the language requires the County to hold harmless and indemnify the donor of the easement.  This provision is not favorable to the County, but it was required by the donor as a condition of donating the easement.

[Funding:  Funds for incidental expenses associated with recording of documents are available in Engineering Escrow Account accessed by the Escambia County Clerk's Office]
BACKGROUND:
The Pensacola Beach Boulevard Access Road Project, originally identified in the Pensacola Beach Master Plan, will provide congestion relief, access management improvements, safety upgrades, bicycle/pedestrian amenities, etc. However, in order to construct the access road with the proposed pedestrian sidewalk without having to impact Pensacola Beach Boulevard, a 5' perpetual easement is needed along the west boundary of property owned by Beach to Bay LLC.

Escambia County and Santa Rosa Island Authority (SRIA) staff have been coordinating with the property owner regarding the sidewalk impact, and the agreed-upon solution was to establish a 5' perpetual easement. The SRIA Board reviewed and approved the easement request at its March 14, 2018, regular meeting. 

Upon BCC approval, staff will work with the design consultants to finalize the construction plans and coordinate with the property owners, Beach to Bay LLC, on construction impacts. Existing construction funds for the Pensacola Beach Boulevard Access Road are allocated in LOST III in the amount of $600,000. The remainder of the construction funding for the project is proposed in the LOST IV 2019 Projects List.

The construction plans for this project will be combined and solicited for construction with the National Resource Damage Assessment (NRDA)-funded Bob Sikes Bridge Fishing Pier, Trail Restoration, and Access Improvements Project. Both projects will be constructed under one contract since the construction limits for each abut at the north boundary line of the property owned by Beach to Bay LLC. The intent is for construction to commence Fall 2018, and be complete prior to the 2019 beach season.
BUDGETARY IMPACT:
Funds for incidental expenses associated with recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office.  

Existing construction funds for the Pensacola Beach Boulevard Access Road are allocated in LOST III in the amount of $600,000; construction cost estimate is $1.5M. Balance needed is proposed in LOST IV 2019 Projects List under the Pensacola Beach Congestion Management Plan. 
LEGAL CONSIDERATIONS/SIGN-OFF:
The Perpetual Sidewalk Easement was reviewed and approved by Assistant County Attorney, Stephen West.

The County Attorney asks that you please note the language requires the County to hold harmless and indemnify the donor of the easement.  This provision is not favorable to the County, but it was required by the donor as a condition of donating the easement.
 
PERSONNEL:
No additional personnel will be required.
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
Upon approval, County staff will work with the consultants to finalize the design plans and prepare the construction bid package for construction solicitation.

Attachments
Easement Legal Description
Beach to Bay Area- 5' Sidewalk

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