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County Administrator's Report 9. 8.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Exchange of County Property with Shannon O. Radford - Joy D. Blackmon, P.E., Public Works Department Director
That the Board take the following action regarding the exchange of County property, for property owned by Shannon O. Radford, on Crowndale Road:
A. Adopt a Resolution authorizing the exchange of a portion of a County parcel (approximately 0.43 acres), for a portion of a parcel (approximately 0.08 acres), owned by Shannon O. Radford, in accordance with the terms and conditions contained in the Agreement for Sale and Purchase and Contract for Sale and Purchase;
B. Waive the retention of the fractional interest in the phosphates, minerals, metals and petroleum, in the parcel to be conveyed by the County, in accordance with Section 270.11(3), Florida Statutes;
C. Authorize the payment of documentary stamps because the property is being acquired for public use, which is for the Crowndale Road right-of-way, and the public benefits from the exchange by having safer, more efficient traffic flow and improved stormwater drainage; and
D. Authorize the County Attorney's Office to prepare, and the Chairman or Vice Chairman to execute any documents, subject to Legal review and sign-off, necessary to complete the exchange of the properties without further action of the Board.
[Funding Source: Fund 352, LOST III, Cost Center 210107/56101, Project No. 08EN0068] |
| BACKGROUND: |
Crowndale Road, a paved County road in the Cottage Hill area of the County, extends east off Virecent Road. In 2002, the County acquired additional property to facilitate the Crowndale Road paving and drainage project. Ernest and Neoma Walker, who owned the property at the time, donated the property for right-of-way for Crowndale Road.
Shannon O. Radford, the current owner, is in the process of selling his property on Crowndale Road. The title search revealed a problem with the legal description on the deed from the Walkers to the County, in that the legal description on the deed from the Walkers inadvertently conveyed the entire Walker property to the County, and omitted the portion intended to be conveyed to the County for right-of-way.
The issue with the error in the legal description on the deed from the Walkers has placed a cloud on the title and has delayed Mr. Radford's closing. In order to provide a clear title for Mr. Radford and insure that the County has the right-of-way needed, our legal department suggested we do an exchange of properties. Board action is required to adopt the resolution and authorize the exchange of properties. |
| BUDGETARY IMPACT: |
| Funding for this acquisition is available in Fund 352, LOST III, Cost Center 210107/56101, Project No. 08EN0068. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Agreement for Sale and Purchase and the Contract for Sale and Purchase have been approved as to form and legal sufficiency by Stephen West, Senior Assistant County Attorney. The County Attorney's Office will prepare the closing documents and will conduct the closing for the exchange of these properties. |
| PERSONNEL: |
| All work associated with this acquisition is being done in-house and no additional staff is required. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| These actions are consistent with the provisions of Section 46-139 of the Escambia County Code of Ordinances and Section 125.37, Florida Statutes. |
| IMPLEMENTATION/COORDINATION: |
| Upon Board approval, staff will maintain compliance with Section 46-139 of the Escambia County Code of Ordinances. |
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