Item S13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015 Department: County Attorney
Bulk Item: Yes _ No X Staff Contact: Chris Ambrosio/Pedro Mercado x3470
AGENDA ITEM WORDING: Discussion and direction regarding disputes concerning the County's
Rockland Key property easement rights.
ITEM BACKGROUND: The County purchased 3.351 acres of land on Rockland Key from Rockland
Investment Corp (Rockland Investment) in March of 2005. The terms of the agreement required that
Rockland Investment provide the County with; an access easement, a paved access road as well as
drainage swales constructed in accordance with County engineering standards, underground electric
and communications ducts and waterlines — all to the boundary of the County's property. The
infrastructure work was to be completed within 2 years however, to date; the road has not been paved
nor drainage swales constructed, nor has the county been provided with documentation that the electric
and water infrastructure work was inspected and accepted by the building department and F.K.A.A.
respectively. Most importantly the County does not have a legally cognizable recorded easement. The
easement which the county received has a diagram with crosshatched markings however it contains no
legal description setting forth the precise easement boundaries. Staff has been diligently working with
Rockland Investment to resolve the issues that are preventing the County from moving forward with
County development of the Rockland Key parcel into a public works compound and office space with
no success thus far. At a minimum, in order to proceed with development plans the county needs to
obtain a legally cognizable easement which includes a survey and a legal description precisely setting
forth the easement boundaries.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Authorize the County Attorney to proceed with all methods to
enforce the County's easement rights up to and including litigation.
TOTAL COST: TBD INDIRECT COST: TBD BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: TBD SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: TBD AMOUNT PER MONTH n/a Year n/a
APPROVED BY: County Attorney OMB/Purchasing Risk Management
DOCUMENTATION: Include Not Required X
DISPOSITION:
Revised 6/ 15
AGENDA ITEM #