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File #: 22-00751    Version: 1 Name:
Type: Legislative Action Item Status: Passed
File created: 7/7/2022 In control: City Council
On agenda: 7/21/2022 Final action: 7/21/2022
Enactment date: Enactment #:
Title: CORRECTIVE SPECIAL WARRANTY DEED RELATED TO DEVELOPMENT OF REAL PROPERTY AT WEST GARDEN STREET AND SOUTH SPRING STREET
Sponsors: Grover C. Robinson, IV
Attachments: 1. Corrective Special Warranty Deed, 2. Resolution No. 2022-069

LEGISLATIVE ACTION ITEM

 

SPONSOR:                         Grover C. Robinson, IV, Mayor

 

SUBJECT:

 

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CORRECTIVE SPECIAL WARRANTY DEED RELATED TO DEVELOPMENT OF REAL PROPERTY AT WEST GARDEN STREET AND SOUTH SPRING STREET                     

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RECOMMENDATION:

 

recommendation

That the City Council authorize the Mayor to execute a Corrective Special Warranty Deed on behalf of the City of Pensacola as Statutory Joint Transferee of the Assets and Liabilities of the abolished Pensacola-Escambia Governmental Center Authority related to development of real property at West Garden Street and South Spring Street.  Further, that City Council adopt a resolution authorizing the Mayor to take all necessary actions related to issuance of the corrective deed.

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HEARING REQUIRED:  No Hearing Required

 

SUMMARY:

                                          

The Pensacola-Escambia Governmental Center Authority (PEGCA) was created by the legislature as special dependent district to monitor and control the construction of government buildings in the downtown area and manage real properties for that purpose.  The PEGCA sold certain parcels of real property in the Spring Romana Garden Streets area to the School Board of Escambia County on March 20, 2002, by Special Warranty Deed.  The legislature abolished the PEGCA on January 4, 2004, and jointly transferred its assets and liabilities to the City and the County.

 

200 West Garden LLC, a Louisiana limited liability, is developing the real property that was subject of the sale from PEGCA to the School Board to construct residential condominiums and closed on the property on June 30, 2022.  However, the special warranty deed from PEGCA to the School Board had an error in the legal description of the real property being conveyed.  In order for 200 West Garden to obtain clear title and be issued title insurance, the title insurer has required the issuance and recording of a corrective special warranty deed.  As the real property lies within the City limits and the issuance of a corrective deed would technically be a liability of the PEGCA, the City would be legally correct in authorizing the Mayor to execute the corrective deed.

 

PRIOR ACTION:                     

 

None

 

FUNDING:                     

 

     Budget:                     N/A 

 

      Actual:                     N/A

 

FINANCIAL IMPACT:

                     

None

 

LEGAL REVIEW ONLY BY CITY ATTORNEY:    Yes

 6/30/2022

   

STAFF CONTACT:

 

Kerrith Fiddler, City Administrator

Charles V. Peppler, City Attorney

 

ATTACHMENTS:

 

1)                     Corrective Special Warranty Deed

2)                     Resolution No. 2022-069

 

PRESENTATION:     No   end