SUBJECT
title
Authorize a County Deed to the City of Bartow for a storm water retention pond associated with Ernest M. Smith Boulevard. (No fiscal impact)
body
DESCRIPTION
In January 2026 the Board approved an Agreement for Transfer of Public Road for Ernest M. Smith Boulevard to the City of Bartow along with a County Deed for the right-of-way associated therewith which was recorded in O.R. Book 13858, at Page 1402. The legal description contained in the agreement and the deed referenced all of Ernest M. Smith Boulevard along with the recording references for the documents by which all of the right-of-way for the roadway was acquired. County staff was contacted by the City of Bartow regarding an attorney's title opinion that was done in conjunction with a proposed plat near the intersection of the roadway and US Highway 98. The plat encompasses a storm water retention pond that is associated with the roadway and the title opinion noted that the property associated with the storm water retention pond, identified as Tract "A" of the plat of Bartow Ford was not specifically included in the description even though it was included in the referenced documents. In order to clear any clouds to the title associated with the storm water pond the City has requested a County Deed specifically conveying any interest the County may have in Tract "A" of the plat of Bartow Ford to it as a title clearing measure in conjunction with the roadway transfer. Authorizing a County Deed to the City of Bartow for said Tract "A" will convey any interest the County may have in said tract and clarify the intention of the original conveyance.
RECOMMENDATION
Request Board authorize the aforementioned County Deed for the conveyance of the County's interest, including any that may otherwise be reserved by Florida Statutes, in the above-mentioned retention pond parcel to the City of Bartow as a title clearing measure.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
Scott Lowery, Direct...
Click here for full text