Joint Resolution Letter 2010

A JOINT RESOLUTION OF THE ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SANTA ROSA COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE SUPPORT OF CONGRESSMAN JEFF MILLER AND SENATOR BILL NELSON TO RELEASE CERTAIN RESTRICTIONS ON CONVEYANCE FOR PROPERTY ON SANTA ROSA ISLAND; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on January 15, 1947, the United States of America conveyed to Escambia County, Florida, a portion of Santa Rosa Island, more particularly described in that deed recorded in Deed Book 248 at page 161 of the public records of Escambia County, Florida; and

WHEREAS, currently the deed recites that the property shall “always be subject to regulation by said County whether leased or not leased but never to be otherwise disposed of or conveyed”; and

WHEREAS, Santa Rosa County has an interest in the easternmost four miles of the property conveyed to Escambia County (Navarre Beach) pursuant to that certain Lease Agreement between the Santa Rosa Island Authority, an agency of Escambia County, Florida, and Santa Rosa County, Florida, dated February 11, 1956; and

WHEREAS, the Lease Agreement contemplates that Escambia County will convey Navarre Beach to Santa Rosa County and that the parties will cooperate “in obtaining such conveyance and congressional and legislative approval therefore” and a 1993 Resolution of the Escambia County Board of County Commissioners assures the same; and

WHEREAS, Escambia County and Santa Rosa County agree that it would be in the interests of both counties to release the restrictions on conveyance to facilitate transfer of Escambia County’s interest to Santa Rosa County and other persons and entities having leasehold interests on Santa Rosa Island; and

WHEREAS, the counties wish to express their intent to cooperate in drafting proposed legislation to release the restriction on conveyances and developing a process to convey Escambia County’s interest to Santa Rosa County and persons and entities with a leasehold interest on Santa Rosa Island, and to request the support of Congressman Jeff Miller and Senator Bill Nelson to sponsor federal legislation to release the restrictions on conveyance; and

WHEREAS, the counties intend such legislation to require the counties to preserve those areas on Pensacola Beach dedicated to conservation, preservation, public, recreation or access uses and preserve adequate conservation, preservation, public, recreation or access uses on Navarre Beach; and

WHEREAS, the counties further intend such legislation to prohibit the counties from conveying the subject property for a windfall and that any profits collected above costs would be required to be turned over to the federal government; and

WHEREAS, the counties further intend that such legislation remove any language in the deed seen as a potential prohibition to the option of incorporation by communities on Santa Rosa Island; and

WHEREAS, the counties will direct their respective staffs and attorneys to cooperate in drafting proposed language for the legislation; and

WHEREAS, each County, through its Board of County Commissioners, has considered this Resolution at public meetings of their respective Boards.

NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE BOARDS OF COUNTY COMMISSIONERS OF ESCAMBIA COUNTY, FLORIDA, AND SANTA ROSA COUNTY, FLORIDA:

1. The above recitals are true and correct and incorporated herein by reference in the body of this Resolution.

2. Escambia County and Santa Rosa County hereby request the support of Congressman Jeff Miller and Senator Bill Nelson to sponsor legislation to release the restriction on conveyances for property on Santa Rosa Island, which shall be mutually agreed upon and drafted by the counties.

3. Each County’s staff and attorneys shall cooperate in drafting the legislation, which will be approved by each of the Boards at future public meetings and subsequently forwarded to Congressman Jeff Miller and Senator Bill Nelson for consideration with sponsorship requested for the upcoming Congressional session.

4. The Clerk of the Board of the Escambia County Board of County Commissioners shall furnish a certified copy of this Resolution to Congressman Jeff Miller and Senator Bill Nelson immediately upon its adoption and execution by both counties.

5. This Resolution shall become effective upon the date last adopted by each of the Boards of County Commissioners.

ADOPTED by the Escambia County Board of County Commissioners on the ___ day of _____________, 2010.

BOARD OF COUNTY COMMISSIONERS

ESCAMBIA COUNTY, FLORIDA

____________________________________

Grover C. Robinson, IV, Chairman

ATTEST: ERNIE LEE MAGAHA

Clerk of the Circuit Court

_________________________________

Deputy Clerk

Approved as to form:

_____________________________

Escambia County Attorney

ADOPTED by the Santa Rosa Board of County Commissioners on the ___ day of _________________, 2010.

BOARD OF COUNTY COMMISSIONERS

SANTA ROSA COUNTY, FLORIDA

_________________________________

, Chairman

ATTEST: MARY M. JOHNSON

Clerk of the Circuit Court

_____________________________________

Deputy Clerk

Approved as to form:

_________________________________

Santa Rosa County Attorney