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County Administrator's Report 14. 11.

BCC Regular Meeting

Budget & Finance Consent

Meeting Date:	10/03/2019
Issue: Surplus and Sale of County-Owned Property - PARK (in the Spanish Trail Villas Subdivision)
From:	STEPHAN HALL
Department:	Asst County Administrator
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Surplus and Sale of County Owned Property - PARK (in the Spanish Trail Villas Subdivision) - Stephan Hall, Budget Manager, Management and Budget Services

That the Board take the following action concerning the surplus and sale of County-owned Property - PARK (in the Spanish Trail Villas Subdivision):

A. Authorize the County Attorney's Office to take such action necessary to evict occupants of the County-owned property, if occupied;

B. Declare surplus the Board's real property that is a PARK (in the Spanish Trail Villas Subdivision), located in District 4; Account #: 01-0319-190; Reference#: 06-1S-29-3500-000-044; Property Appraiser's current assessed value: $5,320;

C. Authorize the sale of the property to the bidder with the highest offer received at or above the minimum bid, which will be set at the Property Appraiser's current assessed value. This property has been reviewed by County staff and it has been determined that the County does not have a need for this property; and

D. Authorize the County Attorney's Office to prepare, and the Chairman to sign, all documents related to the sale of this property, without further action of the Board.

BACKGROUND:

The subject County-owned property that is a PARK (in the Spanish Trail Villas Subdivision) was dedicated for public use on May 31, 1971, by Spanish Trail Builders, Inc., per the plat located at Plat Book 8, Page 20. This property is undeveloped. Periodically the Parks and Recreation Department has had to go in and clean up debris, trash, etc., but does not envision, plan, nor budget to develop this property.

Per Florida Statute 95.36 Dedications to municipalities or counties for park purposes. -
(1) Dedications of land to municipalities or counties for park purposes that have been recorded for 30 years shall not be challenged by the dedicator or any other person when the land has been put to some municipal or county use during the period of dedication or has been conveyed by the municipality or county by a deed recorded for 7 years, and all rights of the dedicator and all other persons in the land are terminated.
(2) When dedications of land to municipalities or counties for park purposes have been put to some municipal or county use, the dedication was accepted by written instrument or by actions constituting acceptance, and the municipality or county vacates the park and the ordinance or resolution vacating it recites that the municipality or county is surrendering all of its title to the dedicated land, the fee simple title shall not be challenged in any action by any person, except in cases of fraud, and the rights of all persons except the owner of the fee simple title are terminated.
(3) Any funds accruing to a municipality or county from the sale of dedicated lands pursuant to this section shall be used for park purposes.

BUDGETARY IMPACT:

Sale of this property will generate revenue for the Escambia County Restricted Fund, Parks and Recreation Special Events [Fund: 101, Cost Center: 350224].

LEGAL CONSIDERATIONS/SIGN-OFF:

The County Attorney's Office will prepare or approve all legal documents prior to execution by the Chairman.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Florida Statute 95.36, and Escambia County Code of Ordinances Section 46.134

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Information Package - PARK (in the Spanish Trail Villas Subdivision)
Plat - Spanish Trail Villas Subdivision
Florida Statute 95.36 - Dedications to Municipalities or Counties for Park Purposes