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County Administrator's Report 9. 9.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	05/02/2019
Issue: Acceptance of a QuitClaim Deed for Property Located in the 2400 Block of Michigan Avenue
From:	Joy Jones
Department:	Engineering
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Property Located in the 2400 Block of Michigan Avenue - Joy Jones, P.E., Engineering Department Director

That the Board take the following action concerning property located in the 2400 Block of Michigan Avenue (Parcel Reference No. 43-1S-30-1101-000-001):

A. Accept the deed from Bonnie Delgado to Escambia County, that was recorded in Official Record Book 7571, at page 1562, of the public records on August 10, 2016, without the County's knowledge or approval; and

B. Direct the County Attorney's Office to take the appropriate steps to record the County's acceptance of the deed in the public records.

This property is located in Commission District 1.

BACKGROUND:

In 2013, Pete Delgado purchased (in his wife's name) the subject parcel located in the 2400 Block of West Michigan Avenue. Mr. Delgado discovered after buying it, that it contained a non-functioning stormwater detention pond that was part of a defective private drainage system. Historically, the pond has not been maintained. The conditions of the parcel generated a code enforcement action and a lien was recorded in 2016. Apparently, in response to the code enforcement lien, the Delgados recorded a deed to the County, mistakenly believing they had cured their code enforcement and property problems by conveying them all to the County. However, the deed was not an effective conveyance to the County. It has many obvious defects, the most significant of which is that the County did not know and, accordingly, never accepted title to the property.

The parcel is part of the private drainage infrastructure that was abandoned by the developer of the adjacent South Gulf Manor subdivision after the plat was approved in 1976. The parcel passed through several tax deed and other private sales before it was acquired by Mrs. Delgado. Residents of South Gulf Manor subdivision have historically complained about the neighborhood drainage system. During major storm events, several homeowners have reported home, yard, and street flooding caused by the defective stormwater detention pond. The detention pond does not meet County standards due to its steep side slopes and lack of access for maintenance. Acquisition of the detention pond and other adjacent properties will be necessary to address the stormwater drainage problems in the South Gulf Manor subdivision and the surrounding areas. Staff has contacted the Delgados on numerous occasions to request their assistance in conveying a proper deed, but the Delgados have been uncooperative.

After consulting with the County Attorney's Office, it has been determined that accepting the 2016 deed from Bonnie Evans Delgado is likely the most cost-effective way to proceed with the stormwater project.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

The quitclaim deed recorded by the Delgados in 2016 contains several defects, and if the County accepts the deed, additional steps may need to be taken to perfect the County's interest in the parcel.

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:

N/A

Attachments
Recorded Delgado Deed
Delgado Aerial Map