The Barefoot Bay Water and Sewer District Governing Board of Brevard County, Florida, met in regular session on February 1, 2000, at 1:00 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.
DISCUSSION, RE: BAREFOOT BAY WATER AND SEWER DISTRICT TITLE DISCREPANCIES, BAREFOOT BAY UTILITY SYSTEM
County Attorney Scott Knox stated the Florida Governmental Utility Agency cannot transfer a good title to numerous easements it owns or claims to own; the Board needs to either accept those circumstances and go forward, or insist that the Agency straighten out its title mess; the problem is there are numerous easements within Barefoot Bay that are identified on a map of Barefoot Bay, but the transfer document transfers those easements into all utilities; and it does not specify any specific utility. He advised the people who actually have property encumbered by the easements know such easements are there, but they do not know who owns them; that is the bottom line; as a practical matter, it is not going to make a lot of difference because the utility lines are all located within the easements; and the people know about them in the form of an exception of the title policy. Attorney Knox stated as a practical matter it is not going to cause a lot of problems, but County staff needed to bring it to the Board's attention and let it decide whether it wants to go forward with it or not.
Commissioner O'Brien inquired is Attorney Knox saying the County does not know who owns the property or the easements; with Attorney Knox responding it is the easements. Chairman Higgs stated there are utility easements, but it does not say who owns them. Attorney Knox advised they are utility easements that have utilities in them, but the document that transferred the easements did not specify who it was being transferred to; and there is no chain of title that goes through the Florida Governmental Utility Agency.
Chairman Higgs passed the gavel to Vice Chairman O'Brien.
Commissioner Higgs stated the problems are resolvable; the County has easements, but there is lack of clarity; and she will move to proceed with the closing.
Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve closing on the Barefoot Bay Water and Sewer System, noting certain title issues discovered during the pre-closing survey. Motion carried and ordered unanimously.
Upon motion and vote, the meeting adjourned at 1:06 p.m.
ATTEST:
NANCY HIGGS, CHAIRMAN
BAREFOOT BAY WATER AND SEWER
DISTRICT GOVERNING BOARD
BREVARD COUNTY, FLORIDA
SANDY CRAWFORD, CLERK
(S E A L)