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County Attorney's Report 11. 2.
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| BCC Regular Meeting |
Discussion |
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| RECOMMENDATION: |
Recommendation Concerning Directing Department of Public Works to Schedule a Public Hearing to Consider the Vacation of the Unopened Right-of-Way Portion of Kersey Road, on the Board's Own Motion.
That the Board take the following action concerning the vacation of the unopened right-of-way portion of Kersey Road on the Board's own motion:
A. Direct the Department of Public Works to Schedule a Public Hearing to consider the vacation of the unopened right-of-way portion of Kersey Road; and
B. Authorize the expenditure of funds for all costs associated with this vacation. |
| BACKGROUND: |
The County maintains a portion of Kersey Road from Reeders Lane to Pine Forest Road in the approximate length of 1,010 feet. However, a portion of Kersey Road is unopened and extends from Interstate Court westward for approximately .40 miles. This unopened portion of Kersey Road has never been maintained by Escambia County. Joel and Mary Jane Havener are property owners who have access to the unopened portion of Kersey Road.
According to a lawsuit filed by them, the Haveners purchased real property located at 2201 Kersey Road on or about February 16, 2012, contending that they were given inaccurate information by their seller, their title company and various real estate agents as to the status of the unopened, private section of Kersey Road. In their suit filed in Escambia County Circuit Court, they allege that the foregoing
parties negligently provided them information that Kersey Road was County-maintained inducing them to buy this real property.
However, the County had no participation in this purchase and made no representations to the Haveners other than posting on its website that a portion of Kersey Road was County-maintained from Reeders Lane to Pine Forest Road.
The purpose of this vacation is to confirm by Board action what has already been established through County policy that the portion of Kersey Road which abuts the Haveners' property is an unopened right-of-way and has never been County-maintained. There are no encroachment issues involved with this vacation request. Staff will be asked to review the request and make their recommendation to go forward with the vacation.
According to County policy, surrounding property owners within a 500 foot radius will be notified of the vacation. |
| BUDGETARY IMPACT: |
| Funds for legal advertisements and document recordings are available in [Funding source: 175 “Transportation Trust Fund” Cost Center 211602, Object Code 54901]. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| Deputy County Attorney, Charles V. Peppler is representing the County in the litigation brought by the Haveners. |
| PERSONNEL: |
| All work associated with this request is being performed in-house and no additional staff is required. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| This recommendation is based on the Board's Vacating, Abandoning, and Closing Existing Public Streets, Rights-of-Way, Alleyways, Roads, Highways, Other Places Used for Travel or Other Lands Dedicated for Public Use or Purposes, or Any Portions Thereof to Renounce and Disclaim Any Right of the County and the Public in and to Said Lands Policy for Closing, Vacating and Abandoning County Owned Property - Section III and Chapter 336, Fla. Stat. |
| IMPLEMENTATION/COORDINATION: |
| Once a Public Hearing has been scheduled, the date and time will be advertised, and all owners of property within 500 feet will be notified. It will be the responsibility of County staff to place the advertisement and notify property owners. |
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