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ITEM: DISCUSSION OF 80-FOOT-WIDE DRAINAGE AREA WITHIN LITTLE RANCHES
REQUEST: Direction from Council regarding assertion of ownership interest.
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EXPLANATION: It has recently come to staff’s attention that an 80’ drainage area reflected on the Palm Beach Little Ranches East of Wellington Plat as an “easement” was actually conveyed to Acme in fee simple by way of a recorded corrective declaration. Although the property appraiser shows the area as included within the lot lines of the adjacent lots, Acme maintained the area for many years until the past 2 to 3 years when some property owners placed obstructions in the drainage area. It is possible, and perhaps likely, that some or all of the property owners will dispute Acme’s fee simple interest, which could lead to litigation and could also require the County to issue a partial refund for taxes collected over a three year period. Staff is therefore seeking direction concerning whether to assert a fee simple interest or whether to characterize the drainage area as an easement.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Assertion of a fee simple interest in the drainage area could lead to litigation with the adjacent property owners and Palm Beach County could be required to refund property taxes to these property owners for a period of three years.
WELLINGTON FUNDAMENTAL: Protecting our Investment
RECOMMENDATION: Provide direction regarding assertion of fee simple interest.