Agenda

Back to Calendar Return

Public Hearings 8.

BCC Regular Meeting

Meeting Date:	07/02/2020
Issue: 5:33 p.m. Public Hearing - Vacation of Two Drainage Easements Located at the 7200 Block of Hilburn Road
From:	Joy Jones
Department:	Engineering
CAO Approval:

RECOMMENDATION:

5:33 p.m. Public Hearing for Consideration of the Petition to Vacate Two Drainage Easements located at the 7200 Block of Hilburn Road (1.55 acres, more or less) from Robin's Ridge Development, LLC, to Escambia County, Florida, as petitioned by SNS Iron Rock, LLC, represented by its Agent, Rodney Sutton.

Recommendation: That the Board take the following action concerning the Petition to Vacate Two Drainage Easements located at the 7200 Block of Hilburn Road (1.55 acres, more or less) from Robin's Ridge Development, LLC, to Escambia County, Florida, as petitioned by SNS Iron Rock, LLC, represented by its Agent, Rodney Sutton:

A. Approve or deny the Petition to Vacate Two Drainage Easements located at the 7200 Block of Hilburn Road (1.55 acres, more or less) from Robin's Ridge Development, LLC, to Escambia County, Florida, as petitioned by SNS Iron Rock, LLC, represented by its Agent, Rodney Sutton;

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 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 3.

BACKGROUND:

On October 13, 2014, a Drainage Easement was executed by Robin's Ridge Development, LLC, (Grantor) in favor of Escambia County (Grantee). The Drainage Easement was recorded on November 25, 2015, in OR Book 7441 at Page 82 in the Official Records of Escambia County by the Grantor. This Drainage Easement was not brought before the Board of County Commissioners of Escambia County nor was the Drainage Easement accepted by the Board. Escambia County is not confirming that it ever had any interest in the Drainage Easement dated October 13, 2014.

To correct the previous Easement that was not Board approved, on August 9, 2017, an overlapping Drainage Easement over the previous Easement was executed by Robin's Ridge Development, LLC, (Grantor) in favor of Escambia County (Grantee). This Drainage Easement was accepted by the Board of County Commissioners of Escambia County on September 7, 2017, and was recorded on September 14, 2017, in OR Book 7777 at Page 476 in the Official Records of Escambia County.

In September 2019, the Petitioner purchased the property located at the 7200 Block of Hilburn Road. The Petitioner has met with the Development Review Committee and has submitted plans for a residential development of 81 lots (Cardinal Cove) with access from Hilburn Road to Burgess Road. The vacation of these two Drainage Easements will allow the Petitioner to develop the petition area.

Staff from the Engineering Department's Stormwater Management Section and from the Public Works Department commented on the Hilburn pond outfall. Cardinal Cove construction is complete and the new subsurface outfall system from Hilburn Grove has been installed.

Neither Public Safety nor Environmental Department staff had any concerns with vacating this existing Easement.

There are no utility company concerns with this Petition to Vacate.

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 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
Petition_Cardinal Cove
Hold Harmless_Cardinal Cove
Resolution_Cardinal Cove
Notice of Adoption_Cardinal Cove
Certification_Cardinal Cove
Mailing List_Cardinal Cove
Aerial Map_Cardinal Cove
Drainage Easement 10-13-14_Cardinal Cove
Drainage Easement 8-9-17_Cardinal Cove
Construction Plan_Cardinal Cove
BCC Minutes from 3-5-2020
BCC Minutes from 4-2-20