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County Administrator's Report 13. 1.
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| BCC Regular Meeting |
Discussion |
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| RECOMMENDATION: |
Recommendation Concerning the Acquisition of a Parcel of Real Property for the Delano/Herman Streets Drainage Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director
That the Board either approve by super-majority vote or deny:
A. The purchase of a parcel of real property (approximately 0.34 acres), located at 2112 West Herman Street, for the Delano/Herman Streets Drainage Improvement Project, from Ricky Lamar Blankenship, for the purchase price of $25,000, which is above appraised value of $18,000, in accordance with the terms and conditions contained in the Contract for Sale and Purchase;
B. Acceptance of the property without benefit of title insurance because the owner is not willing to take the steps necessary to provide insurable title to the County;
C. The Contract for Sale and Purchase for the acquisition of a parcel of real property (approximately 0.34 acres), from Ricky Lamar Blankenship; and
D. The authorization for the County Attorney's Office to prepare, and the Chairman or Vice Chairman to execute, subject to Legal review and sign-off, any documents necessary to complete the acquisition of this property without further action of the Board.
[Funding Source: Fund 352, "LOST III," Account 210107/56101/56301, Project No. 12EN1763]
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| BACKGROUND: |
Meeting in regular session on April 29, 2014, the Board approved by a super-majority vote the purchase of a parcel of real property (approximately 0.35 acres), located at 2112 West Herman Street, for the Delano/Herman Streets Drainage Improvement Project, for the purchase price of $25,000, which was above the appraised value of $18,000.
A title commitment update required the present owner (Ricky Blankenship) to quiet title the property since the previous owner of the property (Jerald Wade, Sr.) previously acquired title to the property through a tax deed sale on March 18, 2013. Title insurance underwriter requirements state that if a property owner acquired property through a tax deed sale and owned the property for at least four years then a quiet title is not required to issue title insurance. Since the previous owner acquired the property in 2013 this requirement cannot be met. Therefore, the title company requires the present owner to initiate the quiet title process for title insurance. The proposed acquisition value of the property is $25,000 and the quiet title cost is estimated at $6,000 (per a letter from Emanuel, Shepard & Condon provided by Mr. Blankenship's attorney, Mr William B. Richbourg).
Escambia County has documented a long history of stormwater drainage problems in the Pace Boulevard/Herman Street/Delano Street area, including flooding of public and private facilities and significant damage to roadway and drainage infrastructure. The county is currently designing a project to minimize future flooding. To do this, a functioning drainage system with adequate retention is necessary. When retention pond locations are identified, staff meets with owners to determine their willingness to participate with the County to acquire those properties. Design recommendations must consider topography, location and size for possible pond sites.
Three contiguous parcels of property located at the northwest corner of Herman Street and Pace Boulevard were identified as critical properties to be acquired for retention pond purposes. Staff has successfully acquired two of these parcels. This last 0.34-acre (50' x 300') parcel is located between the other two acquired parcels, so a retention pond cannot be constructed to meet design capacity at this location without this middle parcel. Therefore, staff is requesting the Board to consider approval to purchase a parcel of real property (approximately 0.34 acres) from Ricky Lamar Blankenship for the purchase price of $25,000, subject to the terms and conditions contained in the Contract for Sale and Purchase. |
| BUDGETARY IMPACT: |
Fund 352, "LOST III," Account 210107/56101/56301, Project No. 12EN1763.
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| LEGAL CONSIDERATIONS/SIGN-OFF: |
The County Attorney's Office will prepare the closing documents and conduct the closing for the purchase of this property.
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| PERSONNEL: |
| All work associated with this acquisition is being done in-house and no additional staff is required. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Other than the requirement for title insurance for purchases of $20,000 or more, these actions are consistent with the provisions of Section 46-139 of the Escambia County Code of Ordinances. |
| IMPLEMENTATION/COORDINATION: |
| Upon Board approval, staff will maintain compliance with Section 46-139 of the Escambia County Code of Ordinances. |
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