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  County Administrator's Report     10. 11.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 09/01/2016  
Issue:    Authorize Declaration of Restrictive Covenant and Provide Ownership and Encumbrance Reports for Perdido Landfill Northeast Sector
From: Pat Johnson
Department: Waste Services  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning Authorizing the Recording of Declaration of Restrictive Covenants and Providing Ownership and Encumbrance Reports for the Perdido Landfill Northeast Sector - 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 Perdido Landfill Northeast Sector:

A. Authorize the recording of the Declaration of Restrictive Covenants required by the Florida Department of Environmental Protection (FDEP) for the Perdido Landfill Northeast Sector, located at 13009 Beulah Road, 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 13009 Beulah Road, 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:
Rule 62-701.630 Florida Administrative Code (F.A.C.) permits the use of on-site soils rather than offsite soils as part of the Facility's final cover, as fill, or for other construction purposes when calculating the Facility's closure costs under certain circumstances including, but not limited to, entering into a legal agreement with the Department of Environmental Protection (FDEP) to ensure that the designated on-site soils will be available and accessible for the benefit of the FDEP, for the proposed closure-related uses.  On-site soils are available from property acquired by the Waste Services Enterprise Fund adjacent to the permitted Class-I landfill Perdido site. A Restrictive Covenant will provide for the utilization of on-site soils which will eliminate the need to increase escrow funds concerning Financial Assurance Cost Estimate (FACE) for Section V Landfill expansion per FDEP.   
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
FS 125.411
Northeast Sector Aerial
FAC 62-701.630

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