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Public Hearings 10.
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| BCC Regular Meeting |
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| RECOMMENDATION: |
That the Board, at the 5:31 p.m. Public Hearing, take the following action concerning the Vacation of a portion of Maywood Avenue (25 feet x approximately 565 feet = 14,125 square feet or 0.32 acres), as petitioned by the School Board of Escambia County:
A. Approve the Petition to Vacate;
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. |
| BACKGROUND: |
The School Board of Escambia County owns property in Section 39, Township 1 South, Range 31 West, Escambia County, Florida, which is the site of Bellview Middle School. The School Board of Escambia County is requesting that the Board vacate any interest the County has in the unopened portion of Maywood Avenue (25 feet x approximately 565 feet = 14,125 square feet or 0.32 acres), which extends east to west through the School property. The portion of Maywood Avenue requested to be vacated is a 25’ wide unopened right-of-way, as shown on the plat of Bellview Heights Subdivision as recorded in Plat Book 1 at Page 27 of the public records of Escambia County, Florida. Staff has made no representations to the Petitioner or Petitioner’s agent that Board approval of this request operates to confirm the vesting or return of title to the land to the Petitioner or to any other interested party.
There are no encroachment issues involved with this vacation request. Staff has reviewed the request and has no objections to the proposed vacation. All utility companies concerned have been contacted and have no objection to the requested vacation provided a utility easement is retained with the understanding that the County will not be responsible for the maintenance of the easement. No one will be denied access to his or her property as a result of this vacation.
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| BUDGETARY IMPACT: |
| Indirect staff cost associated with the preparation of documents and recommendation. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| N/A |
| 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 Statutes, Chapter 336.
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| IMPLEMENTATION/COORDINATION: |
Upon Board approval of the vacation, the necessary documents will be signed and delivered to the Petitioner or to the Petitioner’s Agent, who will have them recorded in the public records and will have notices published. Staff has been in contact with Donald P. Jehle, P.E., jehle-halstead, inc. as agent for the Petitioner. It is the responsibility of Petitioner or Petitioner’s agent to advertise the Notice of Public Hearing.
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