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County Administrator's Report 13. 2.
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| BCC Regular Meeting |
Technical/Public Service Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Scheduling of a Public Hearing to Consider the Petition to Vacate the Eastern Portion of Kersey Road - Joy D. Blackmon, P.E., Public Works Department Director
That the Board take the following action concerning the vacation of the eastern portion of Kersey Road on the Board's own motion:
A. Schedule a Public Hearing for March 15, 2018, at 5:31 p.m., to consider the Vacation of the unopened and unmaintained right-of-way portion of Kersey Road; and
B. Authorize the expenditures of funds for all costs associated with this vacation.
[Funding Source: Funding for legal advertisements and document recordings are available in Fund 175, "Transportation Trust Fund," Cost Center 211602, Object Code 54901. This funding source will cover all costs associated with the Vacation request] |
| BACKGROUND: |
Escambia County maintains a portion of Kersey Road from Reeders Lane to Pine Forest Road (approximately 1,010 feet.) However, a portion of Kersey Road, which has never been maintained by Escambia County, is unopened and extends from Interstate Court westward for approximately .40 miles. 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, they allege that the foregoing parties negligently provided them information that Kersey Road was county-maintained, inducing them to buy this real property.
However, Escambia County had no participation in this purchase and made no representations to the Haveners other than posting on its website the information that the portion of Kersey Road from Reeders Lane to Pine Forest Road was county-maintained.
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.
Per Board action on January 18, 2018, Agenda Item 13519 on the County Attorney's Report, the Board approved a mail-out radius of 500 feet for notification purposes. |
| BUDGETARY IMPACT: |
| Funding for legal advertisements and document recordings are available in Fund 175 "Transportation Trust Fund," Cost Center 211602, Object Code 54901. This funding source will cover all costs associated with the Vacation request. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| Deputy County Attorney Charles V. Peppler is representing Escambia County in the litigation brought by the Haveners. |
| PERSONNEL: |
| All work associated with this request is being done in-house and no additional staff is required. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| 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 Statutes, Chapter 336. |
| IMPLEMENTATION/COORDINATION: |
Once the Public Hearing has been scheduled, the date and time will be advertised, and all owners of property within 500 feet will be notified.
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