Baldwin County, Alabama
File #: 23-0499    Version: 1
Agenda section: Consent Status: Agenda Ready
File created: 1/5/2023 Meeting type: Baldwin County Commission Regular
On agenda: 1/17/2023 Final action:
Agenda item title: Execution of IRS Form 8283 for Donated Right-of-Way on Project No. HW08392 - Boros Road (Tract 12)
Attachments: 1. IRS Form 8283 - Boros Road (Tract 12) (REDACTED), 2. Fee Simple Warranty Deed, 3. Map

Meeting Type:   BCC Regular Meeting

Meeting Date:  1/17/2023

Item Status:   New

From: Joey Nunnally, P.E., County Engineer
           Seth Peterson, P.E., Pre-Construction Manager
           Tate Chalfant, Right-of-Way Manager

Submitted by:  Lisa Sangster, Administrative Support Specialist IV

______________________________________________________________________

 

ITEM TITLE

Title

Execution of IRS Form 8283 for Donated Right-of-Way on Project No. HW08392 - Boros Road (Tract 12)

End

STAFF RECOMMENDATION

Recommendation

Take the following actions:

1) Accept 0.811 acres on Boros Road (Tract 12) as a right-of-way donated to Baldwin County by LBS Farms, LLC, a Florida Limited Liability Company, on December 21, 2022 (Instrument No. 2039843 of Baldwin County Judge of Probate); and

2) Related to the aforesaid, authorize the Chairman to execute IRS form 8283 for the donated

right-of-way.

End

 

BACKGROUND INFORMATION

 

Background:  On December 21, 2022, the Baldwin County Highway Department accepted a right-of-way donation on Boros Road from LBS Farms, LLC, a Florida Limited Liability Company.

 

By the Chairman executing the IRS Form 8283, the County is not indicating that it agrees with the valuation of the property, but rather the County is acknowledging the fact that the County did receive the property.

 

The only part of the form that will be signed by the Chairman is Part IV, Donee Acknowledgement, in which:

 

1) The date of receipt of the donation is acknowledged; and

 

2) The County affirms that it will file an IRS information return should it dispose of the property within three (3) years after the date of receipt; and

 

3) The County states whether it intends to use the property for an unrelated use.

 

Previous Commission action/date:  N/A

 

FINANCIAL IMPACT

 

Total cost of recommendation:  N/A

 

Budget line item(s) to be used:  N/A

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

N/A

 

Reviewed/approved by:  N/A

 

Additional comments:  N/A

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  N/A

 

Individual(s) responsible for follow up:  Administration Staff prepare correspondence and have Chairman sign IRS form. Mail original to Patrick Sullivan and send copy to Tate Chalfant.

 

Action required (list contact persons/addresses if documents are to be mailed or emailed): 

 

Contact:

LBS Farms, LLC

Mr. Patrick Sullivan, Manager

414 Bay Boulevard

Pensacola, Florida 32503

 

Additional instructions/notes:  N/A