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File #: 3390   
Type: Consent Status: Adopted
File created: 9/28/2021 In control: Public Works Department
On agenda: 10/26/2021 Final action: 10/26/2021
Title: Approval, Re: Notice of Non-Acceptance of Easement Deed for Ingress and Egress conveyed to Brevard County from Rodney F. McConkey - District 1
Attachments: 1. Notice of Non Acceptance-McConkey Agenda Documents.pdf

Subject:

Title

Approval, Re:   Notice of Non-Acceptance of Easement Deed for Ingress and Egress conveyed to Brevard County from Rodney F. McConkey - District 1

End

Fiscal Impact:

None

Dept/Office:

Public Works Department / Land Acquisition

Requested Action:

Recommendation

It is requested that the Board of County Commissioners approve and authorize the Chair to execute the attached Notice of Non-Acceptance.

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Summary Explanation and Background:

The subject properties are located in Section 36, Township 24 South, Range 36 East, east of Golfview Avenue, north of Port Saint John Parkway in Cocoa.

On September 24, 2021, it was discovered that an Easement Deed for Ingress and Egress from Rodney F. McConkey to Brevard County was recorded on July 19, 2021 in Official Records Book 9193, page 760, of the Public Records of Brevard County, Florida.  Said Easement Deed was not submitted to the Brevard County Board of County Commissioners for approval and acceptance.  Since this Easement Deed for Ingress and Egress has been recorded without the County’s knowledge, a Notice of Non-Acceptance must be recorded in the Public Records to disclaim ownership and rebut any presumption of a valid conveyance of this easement.

The User Department approves this request.

This acquisition denial follows the policies and procedures as set forth in Administrative Order 37.

Clerk to the Board Instructions:

Upon execution by the Chair, Public Works Department will contact the Clerk’s office to make arrangements to pick up the original executed Notice of Non-Acceptance.