Okaloosa County BOCC — November 3, 2015 — Oak Creek Bridge - Submergerd Lands Easement Renewal — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 3, 2015 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Oak Creek Bridge - Submergerd Lands Easement Renewal DEPARTMENT: Public Works BCC DISTRICT: 3 STATEMENT OF ISSUE: Approval of a non-exclusive easement #00229-(4072-46) for the use of Oak Creek Bridge which spans sovereign submerged lands and allows continuance of Tommie Steele Road. The easement is administered by the Florida Department of Environmental Protection (FDEP), Bureau of Public Land Administration for the Board of Trustees of the Internal Improvement Trust Fund (IITF) of the State of Florida. BACKGROUND: The IITF granted the County an easement for the Oak Creek Bridge shortly after its relocation and construction in the early 1990’s. The requirement for an easement for a bridge in Okaloosa County is rare because most bridges were constructed prior to the development of the current State regulatory framework. The applicable regulatory framework involving activities in, around or on submerged lands was established in the late 1980’s. Even though an Oak Creek Bridge existed prior to the regulatory applicability, the relocation of the bridge was the trigger for the easement requirement. By statute, only routine maintenance is allowed on existing bridges spanning sovereign submerged lands. Major maintenance or reconstruction of a bridge over waters qualifying as sovereign submerged lands will require an easement. Since the qualifications for sovereign submerged lands are liberal, Public Works anticipates most County bridges will require easements in the future. As indicated in the cover letter attached to the easement instrument (see attached file), Board of County Commissioners must approve and Chairman sign and return the instrument by October 29, 2015 after receipt of the letter. Upon receipt and acceptance of the executed instrument and the $630 renewal fee, IITF will transmit the lease instrument for final departmental execution. OPTIONS: Approve/disapprove RECOMMENDATIONS: Authorize execution of the easement #00229-(4072-46) for submission to IITF for final departmental execution. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator