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County Attorney's Report 13. 2.

BCC Regular Meeting

Action

Meeting Date:	02/18/2016
Issue: Acceptance of a Drainage Easement and Settlement of Claim from David R. Senn
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Acceptance of a Drainage Easement and Settlement of Claim from David R. Senn.

That the Board take the following action:

A. Accept the donation of a Drainage Easement over property located on Molino Road from David R. Senn;

B. Authorize payment of documentary stamp tax because the Drainage Easement is being donated for governmental use and is necessary for the installation and repair of drainage structures along Molino Road, and the public will benefit from the donation by improved drainage;

C. Authorize payment of incidental expenses associated with accepting the Drainage Easement and recording it in the public records;

D. Authorize the Chairman or Vice-Chairman to accept and execute the Drainage Easement; and

E. Authorize payment of $10,557.22 in exchange for a General Release from David R. Senn, in settlement of his claim for damages to his property.

BACKGROUND:

In the Fall of 2014, the County’s Engineering Division was approached by Escambia County Extension Services to design the new 4-H facility on Molino Road. Prior to design, the County’s Road Department cleared the site of structures and trees in preparation for construction. The 4-H project was constructed by the County’s Parks Department. During construction the Engineering Division found the ponds were not functioning as designed due to poor underlying soils. Subsequently, the ponds were redesigned to incorporate under drains to function properly.

During construction, the adjacent property owner (David Senn) reported heavy erosion on his property due to land clearing for the 4-H facility. In-house design modified the existing pond to meet the 100-year storm event. However, to fully execute this design, an easement across Mr. Senn’s property, to Molino Road, is needed. Risk Management has agreed to pay for damage repairs to Mr. Senn’s property from two rain events (April 2015 and December 2015) in exchange for indemnity to the two events. In-field pond improvements are underway and obtaining the easement across Mr. Senn’s will allow completion of the project.

BUDGETARY IMPACT:

Funds for incidental expenses associated with accepting and recording the Drainage Easement are available in the Engineering escrow account maintained by the Clerk of Court. Settlement of the claim filed by David R. Senn will be paid from Fund 501, Cost Center 239898.

LEGAL CONSIDERATIONS/SIGN-OFF:

The Drainage Easement was approved as to form and legal sufficiency by the County Attorney's Office.

PERSONNEL:

All work associated with this recommendation is being done in-house and no additional staff is required.

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Drainage Easement
Photos, Invoices & Claim Forms
General Release