Agenda

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County Attorney's Report 12. 4.

BCC Regular Meeting

Action

Meeting Date:	07/18/2019
Issue: Removal of Private Communications Tower Located on County Property at 391 90 & 9 Ranch Road
From:	STEPHEN WEST
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Removal of Private Communications Tower Located on County Property at 391 90 & 9 Ranch Road.

That the Board authorize the County Attorney to initiate appropriate legal action to compel removal of a private communication tower owned by Crown Castle GT Company, LLC (Crown Castle), located on County property at 391 90 & 9 Ranch Road.

BACKGROUND:

The property at 391 90 & 9 Ranch Road was originally owned by 90 & 9 Boys' Ranch, Inc., a Florida non-profit corporation (Boys' Ranch). Pursuant to an Easement Agreement dated April 7, 1988, Boys' Ranch permitted Pensacola MSA Limited Partnership (Pensacola MSA) to construct and maintain a communications tower on the property. According to its terms, the Easement Agreement expired in 2013 unless Pensacola MSA paid an extension fee of $16,000 (adjusted for inflation). Title to the property passed through a series of non-profit corporations and was ultimately conveyed to the County by the Escambia Charter School, Inc. in 1998. Crown Castle is the successor to Pensacola MSA and has continued to own and operate the tower since 2000. However, it never paid the extension fee due in 2013 to allow the Easement Agreement to continue through its extended term.

At the request of the County Administrator, the County Attorney notified the attorney for Crown Castle that it would be required to dismantle and remove, within 30 days, the communciation antenna and all improvements from the easement area. Regrettably, Crown Castle has refused and continues to maintain its antenna on the County's property.

BUDGETARY IMPACT:

Funds for legal action will be paid from the County Attorney's Office budget (110601/53101).

LEGAL CONSIDERATIONS/SIGN-OFF:

Upon approval, the County Attorney's Office will initiate legal action.

PERSONNEL:

All work associated with this action will be performed by the County Attorney's Office.

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
CAT Letter to Crown Castle - April 5, 2019
Letter from Crown Castle - April 18, 2019
1988 Easement Agreement