Agenda

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Special BCC Meeting

Meeting Date:	12/16/2010
Issue: Authorization to Exercise of the County's Eminent Domain Power to Acquire Easements Over Property on Choctaw Avenue owned by Chapman Enterprises, Inc.
From:	Joy D. Blackmon, P.E., Bureau Chief
Department:	Public Works-Infrastructure Branch
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Authorization to Exercise the County's Eminent Domain Power to Acquire Easements over Property on Choctaw Avenue Owned by Robert Chapman Enterprises, Inc. - Joy D. Blackmon, P.E., Public Works Bureau Chief

That the Board take the following action concerning acquisition of two drainage Easements, totaling approximately 0.36 acres, for drainage structures and improvements on Choctaw Avenue:

A. Adopt a Resolution containing the following findings, declaring a public necessity, setting forth a public purpose and acknowledging the appraised fair market value for property, totaling approximately 0.36 acres, for two drainage Easements, for the Choctaw Avenue Drainage Project, and authorizing the Easements to be acquired by exercise of the County’s power of eminent domain:

   1. The Choctaw Avenue Drainage Project accomplishes a legitimate public purpose of constructing drainage structures and improvements that will reduce flooding of the road and residences along Choctaw Avenue;

   2. Acquisition of Easements from the current record owner of the Property, Robert Chapman Enterprises, Inc., is necessary to complete the Project;

   3. Exhibit "A" incorporated by reference, describes the location of the Easements;

   4. The appraised fair market value of the Easements over the Property is $27,900;

   5. All conditions precedent to acquire the Easements have been satisfied; and

   6. It is in the best interest of the health, safety and welfare of the citizens of Escambia County, Florida, that Escambia County acquire Easements over the Property by exercise of its power of eminent domain;

B. Authorize an offer of 10% above the appraised value as an incentive for the owner to agree to voluntarily convey the Easements, and, if the owner rejects the offer, authorize the County Attorney to initiate and undertake legal action to acquire the Easements over the property owned by Robert Chapman Enterprises, Inc., as described on Exhibit "A" of the Resolution, by eminent domain;

C. Authorize the payment of incidental expenditures associated with the acquisition of the Easements; and

D. Authorize the Chairman or Vice Chairman to sign all documents required to implement these actions.

[Funding Source: Fund 352 “Local Option Sales Tax III”, Account 210107/56101/56301]

BACKGROUND:

The residences in the Choctaw Avenue / Pale Moon Drive area in Perdido Bay Country Club Estates have experienced a history of flooding concerns from stormwater drainage. The drainage problems in this area also contribute to the deterioration of the infrastructure, which results in increased maintenance costs. County staff has reviewed the situation and has plans that would alleviate some of the drainage issues. To facilitate this plan we will need to acquire drainage easements. Due to the topography of the region, engineering design indicates that the location of the proposed easements is limited to a fairly defined area. Robert Chapman Enterprises, Inc., owns a large vacant parcel (55.78 acres), which lies north of the residences on Choctaw Avenue and has frontage on Perdido Bay. The required easements would traverse the Chapman property from the southern boundary of the Chapman property north to the outfall at Perdido Bay. Over the past several months staff has had numerous communications with Mr. Chapman via e-mail, telephone and letter. Our original request to the owner was for the donation of the easements. We have provided Mr. Chapman with maps, sketches, preliminary designs and other information concerning the proposed drainage project. Staff has been unsuccessful in negotiating the donation of the easements. At one point, the owner did inquire as to compensation for the easements. When staff explained that compensation could be discussed, the owner indicated to staff that in his opinion the value of the easements would not offset the devaluation of his property. Mr. Chapman indicated that he was very busy with his business ventures and staff felt that we were at a stalemate in acquiring the easements from the owner.

BUDGETARY IMPACT:

A budget amendment is being sent to Management and Budget Bureau to transfer funds into this project.

LEGAL CONSIDERATIONS/SIGN-OFF:

The Resolution was approved December 13, 2010 as to form and legal sufficiency by Stephen West, Assistant County Attorney. The County Attorney’s Office will initiate the necessary legal proceedings as provided in Chapters 73, 74, and 127, Florida Statutes.

PERSONNEL:

The County Attorney's Office and the Public Works Bureau will coordinate on this project.

POLICY/REQUIREMENT FOR BOARD ACTION:

The proposed action is consistent with the Board's practice of acquiring property through eminent domain for various improvements in the County.

IMPLEMENTATION/COORDINATION:

Upon Board approval the County Attorney's Office and Public Works Bureau will proceed with the eminent domain proceedings.

Attachments
Exhibit A
Resolution
parcel_info
aerial_view_easements