Agenda

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Public Hearings 11.

BCC Regular Meeting

Meeting Date:	10/03/2019
Issue: 5:32 p.m. Public Hearing - Vacation of a Portion of Unopened Right-of-Way Known as Boyd Avenue
From:	Joy Jones
Department:	Engineering
CAO Approval:

RECOMMENDATION:

5:32 p.m. Public Hearing for consideration of the Petition to Vacate a Portion of Unopened Right-of-Way Known as Boyd Avenue, as petitioned by Cindy A. Naumowicz, as Successor Trustee of the Marguerite Ann Arenberg Living Trust dated April 6, 2011, represented by Daniel P. Saba, Esquire.

That the Board take the following action concerning the Petition to Vacate a Portion of Unopened Right-of-Way Known as Boyd Avenue:

A. Approve or deny the Petition to Vacate a Portion of Unopened Right-of-Way Known as Boyd Avenue, (approximately 0.18 acres), as petitioned by Cindy A. Naumowicz, as Successor Trustee of the Marguerite Ann Arenberg Living Trust dated April 6, 2011, represented by Daniel P. Saba, Esquire;

B. Accept the Hold/Harmless Agreement;

C. Adopt the Resolution to Vacate; and

D. Authorize the Chairman or Vice Chairman to accept the documents as of the day of delivery of the documents to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute them at that time.

The real property mentioned in this Petition to Vacate is located in Commission District 4.

BACKGROUND:

This portion of Boyd Avenue runs from Olive Road to Interstate 10. The Petitioner's family has owned the property located at 3575 Nobles Street for 30 years. The Petitioner is requesting the county to vacate the unopened right-of-way east of her property known as Boyd Avenue (approximately 0.18 acres).

Staff has reviewed the request and there are no concerns or issues other than possible encroachments in the unopened right-of-way (fencing).

Utility companies have been contacted. AT&T, Emerald Coast Utilities Authority, Pensacola Public Works Department, and Transcore, Inc., have no concerns nor issues with the vacation request.

Gulf Power has no facilities in the area, however, they did mention that there is a power pole east of the unopened right-of-way that services the Petitioner's home and the neighbor to the east of the unopened right-of-way. If either resident requests that the power pole be moved, the resident, not Gulf Power, would be liable for the expense.

Pensacola Energy does not have an interest in maintaining an easement through the vacated area. However, an active natural gas main is currently in the right-of-way, but no one is tapped into it. A No Objection Letter was issued by Pensacola Energy and the main will be capped at the Petitioner's expense if the Petition to Vacate is approved.

BUDGETARY IMPACT:

Indirect staff cost associated with the preparation of documents and recommendation.

LEGAL CONSIDERATIONS/SIGN-OFF:

Not Applicable.

PERSONNEL:

All work associated with this request is being done 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 Florida Statues, Chapter 336.

IMPLEMENTATION/COORDINATION:

Upon Board approval of the Petition to Vacate, the necessary documents will be signed and delivered to the Petitioner or the Petitioner's agent who will have them recorded in the public records and will have notices published.

Attachments
Hold Harmless_Boyd Ave
Resolution_Boyd Ave
Certification & List_Boyd Ave
Notice of Adoption_Boyd Ave
Proof of Publication_Boyd Ave
Aerial Map_Boyd Ave
Pensacola Engergy Letter_Boyd Ave