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  County Administrator's Report     12. 4.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 12/08/2011  
Issue:    Conveyance of a Utility Easement to Deerfield Estates Homeowners’ Association, Inc.
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Conveyance of a Utility Easement to Deerfield Estates Homeowners’ Association, Inc. - Joy D. Blackmon, P. E., Public Works Department Director

That the Board take the following action concerning the conveyance of a Utility Easement (approximately 25 feet x 29 feet = 725 square feet or 0.02 acres) on County-owned property located in Deerfield Estates Subdivision to Deerfield Estates Homeowners’ Association, Inc.:

A. Approve granting a Utility Easement (approximately 25 feet x 29 feet = 725 square feet or 0.02 acres) on County-owned property located in the Deerfield Estates Subdivision to Deerfield Estates Homeowners’ Association, Inc.; and

B. Authorize the Chairman or Vice Chairman to sign the necessary document granting a Utility Easement to Deerfield Estates Homeowners’ Association, Inc.

Escambia County owns a parcel of property located off Erika Court in Deerfield Estates Subdivision.  The County parcel is being utilized as a retention pond as shown on the plat of Deerfield Estates as recorded in Plat Book 16, at Page 36, of the Public Records of Escambia County, Florida.  The County retention pond parcel also has a sanitary sewer lift station located within the boundaries of the parcel.  During the development of the subdivision, the lift station was constructed without having a dedicated or deeded easement.  The lift station and sewer system in Deerfield Estates, privately owned and maintained by the Homeowners’ Association, was apparently not constructed to Emerald Coast Utilities Authority (ECUA) standards, nor accepted as an extension of ECUA’s system.  The Homeowners' Association has contracted with an engineering firm to perform upgrades to the lift station and system, at which time the Association realized that there was no Easement or separate parcel for the lift station.  To facilitate their planned upgrades, the Homeowners’ Association is requesting that the County convey a Utility Easement to them.  Staff has reviewed this request and determined that the conveyance of this Easement will not adversely affect the County or the public’s use of the property.
BACKGROUND:
Escambia County owns a parcel of property located off Erika Court in Deerfield Estates Subdivision. The County parcel is being utilized as a retention pond as shown on the plat of Deerfield Estates as recorded in Plat Book 16 at Page 36 of the public records of Escambia County, Florida. The County retention pond parcel also has a sanitary sewer lift station located within the boundaries of the parcel. During the development of the subdivision, the lift station was constructed without having a dedicated or deeded easement. The lift station and sewer system in Deerfield Estates, privately owned and maintained by the Homeowners’ Association, was apparently not constructed to ECUA standards, nor accepted as an extension of ECUA’s system. The Homeowners' Association has contracted with an engineering firm to perform upgrades to the lift station and system, at which time the Association realized that there was no easement or separate parcel for the lift station. To facilitate their planned upgrades, the Homeowners’ Association is requesting that the County convey a utility easement to them. Staff has reviewed this request and determined that the conveyance of this easement will not adversely affect the County or the public’s use of the property.
BUDGETARY IMPACT:
All cost associated with the recording of documents will be borne by Deerfield Estates Homeowners’ Association.
LEGAL CONSIDERATIONS/SIGN-OFF:
The Utility Easement was approved as to form and legal sufficiency by Stephen West, Assistant County Attorney, on November 10, 2011.
PERSONNEL:
All work associated with this request is being done in-house and no additional staff is required.
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
Upon Board approval and subsequent execution of the document by the Chairman, staff will transfer the document to Kerry Anne Schultz, agent for Deerfield Estates Homeowners’ Association, Inc., for recording in the public records of Escambia County, Florida.

Attachments
Easement
Plat
Map

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