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County Administrator's Report 11. 11.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	07/07/2016
Issue: Authorize Declaration of Restrictive Covenant and Provide Ownership and Encumbrance Reports for Camp Five Landfill
From:	Pat Johnson
Department:	Waste Services
CAO Approval:

RECOMMENDATION:

Recommendation to Authorize the Recording of Declaration of Restrictive Covenants and Provide Ownership and Encumbrance Reports for the Camp Five Landfill - Patrick T. Johnson Waste Services Department Director

That the Board take the following action regarding authorizing the recording of Declaration of Restrictive Covenants and Providing Ownership and Encumbrance Reports for the Camp Five Landfill:

A. Authorize the recording of the Declaration of Restrictive Covenants required by the Florida Department of Environmental Protection (FDEP) for the Camp Five Landfill, located at County Road 12-A, 3.5 miles southeast of County Road 4 and County Road 99, Intersection, Escambia County, Florida; and

B. Provide current Ownership and Encumbrance Reports on the said property to support the Declaration of Restrictive Covenant documents.

The Florida Department of Environmental Protection (FDEP) has requested that the County provide Ownership and Encumbrance Reports for the County-owned property located at County Road 12-A, 3.5 miles southeast of County Road 4 and County Road 99, Intersection, Escambia County, Florida, as required documentation for Restrictive Covenants which are to be recorded on the property. The Florida Statute Section 125.411 prohibits the County from warranting its own properties of conveyance. The County Attorney's Office has concerns that the updated title constitutes a form of warranty which would violate Florida Statute 125.411.

BACKGROUND:

The Camp Five Landfill is a closed Class II landfill owned by Escambia County, which operated as a landfill from 1980 until June 30, 1988. The site was closed followed by long-term care activities from 1995-2015. Following completion of the 20 year long-term care period, the County and the Florida Department of Environmental Protection (FDEP) began final site closeout discussions. As a condition of closing the site, the FDEP has required that the County execute a Declaration of Restrictive Covenant. This is required due to previous groundwater contamination associated with the landfilling activities. The FDEP is requiring as part of the deed restriction backup documentation, standard updated title information.

BUDGETARY IMPACT:

Funding for the updated title will be paid from Fund 401 Solid Waste, Cost Center 230309.

LEGAL CONSIDERATIONS/SIGN-OFF:

The County Attorney has been briefed and is aware of FDEP requirements concerning the property and the Declaration of Restrictive Covenants.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Board action is required to complete this requirement.

IMPLEMENTATION/COORDINATION:

Waste Services staff will coordinate implementation tasks and execute any documents needed to complete the project.

Attachments
Email Schneider_West_Camp 5
FS 125.411