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County Attorney's Report 14. 3.
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| BCC Regular Meeting |
Action |
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| RECOMMENDATION: |
Recommendation Concerning O.C. Phillips Road - William C. Brown and Jean N. Brown v. Escambia County (Case No. 2018 CA 001580).
That the Board take the following action concerning a portion of O.C. Phillips Road:
A. Authorize the conveyance of a quitclaim deed to William C. Brown and Jane M. Brown to confirm operation of the reverter clause contained in that deed between the parties recorded in Official Record Book 4702 at page 410 of the public records; and
B. Authorize acceptance of a quitclaim deed from William C. Brown and Jane M. Brown for an area lying twenty feet (20') on either side of the center-line of O.C. Phillips Road, as prepared by the County Surveyor; and
C. Adopt the Maintenance Claim Map prepared by the County Surveyor, Project No. 201800123, Map No. L-6040, for approximately 1.6 miles (8,448 feet) of O.C. Phillips Road lying west of Highway 97A, in Sections 22, 23 and 27, Township 4 North, Range 33 West, Escambia County, Florida, which delineates the extent of County maintenance, pursuant to Section 95.361, Florida Statutes; and
D. Authorize the Chairman or Vice-Chairman to execute the quitclaim deeds and direct the Engineering staff to record them at the County's expense in the public records in the order stated in this recommendation; and
E. Authorize the Chairman or Vice-Chairman to execute the Maintenance Claim Map upon recording of the deeds and direct the Engineering staff to record it at the County's expense in the public records.
[Funding: Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office] . This project is located in Commission District 5. |
| BACKGROUND: |
Escambia County Road Department has maintained O.C. Phillips Road for several decades. In anticipation of paving O.C. Phillips Road, in 2001 the County accepted a special warranty deed from William C. Brown and Jean N. Brown for an area that included the maintained dirt road and other adjacent areas. The special warranty deed provided that if the County failed to pave the road prior to February 1, 2006, the title to the property would automatically revert to the Browns. However, the County did not pave the area within the time allowed, although the County continued to maintain the dirt road and recently paved it.
The Brown's attorney contacted the County Attorney's Office last summer to request assistance in confirming the operation of the reverter in the special warranty deed. In response to the request, the County Administrator directed the County Surveyor to begin preparing a Maintenance Map that defined the extent of the County's maintenance, and the County Attorney's Office negotiated a form of quitclaim deed with the Brown's attorney for areas described in the 2001 special warranty deed that are located outside the maintained right-of-way. This approach was initially acceptable to the Brown's and their attorney. Unfortunately, the Browns apparently grew frustrated with the time required to prepare the Maintenance Map and directed their attorney to file suit against the County. Their lawsuit remains pending before the Circuit Court.
This recommendation incorporates the resolution required by William C. Brown and Jean N. Brown and their attorneys, which the County Attorney is willing to recommend to the Board. The Browns' attorney will dismiss the lawsuit once the deeds have been approved, executed and recorded. |
| BUDGETARY IMPACT: |
Funds for incidental expenses associated with the recording of documents area available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office.
Future Road Department budgets will reflect additional costs to maintain these improvements, if any. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
The County Attorney's Office has responded to the lawsuit and will take the appropriate steps to resolve it once the quitclaim deeds and Maintenance Claim Map have been recorded.
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| PERSONNEL: |
All work associated with the recommendation will be done in-house and no additional staff is required. Future Road Department budgets will reflect additional cost to continue maintenance of road.
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| POLICY/REQUIREMENT FOR BOARD ACTION: |
| The recommendation is consistent with Section 95.361, Florida Statutes. |
| IMPLEMENTATION/COORDINATION: |
| The Engineering Department will ensure that the quitclaim deeds and Maintenance Claim Map are transmitted to the Clerk of the Court's Office and recorded in the public records in the order authorized by the Board. |
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