Agenda

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Public Hearings 9.

BCC Regular Meeting

Meeting Date:	08/20/2015
Issue: 5:32 p.m. Public Hearing - Vacate a Portion of an Unimproved Right-of-Way in National Land Sales Company Subdivision
From:	Joy D. Blackmon, P.E.
Department:	Public Works
CAO Approval:

RECOMMENDATION:

5:32 p.m. Public Hearing for consideration of the Petition to Vacate a portion of an unimproved right-of-way in the National Land Sales Company Subdivision.

Recommendation: That the Board take the following action concerning the Petition to Vacate a portion of an unimproved right-of-way in the National Land Sales Company Subdivision (30 feet x 1,317.45 feet or 0.90 acres), as petitioned by The Busbee Limited Partnership and Murphy J. Jacob and Jan Jacob Graham, Trustees of the Murphy J. Jacob Revocable Trust Agreement dated April 18, 2006:

A. Approve the Petition to Vacate a portion of an unimproved right-of-way in the National Land Sales Company Subdivision (30 feet x 1,317.45 feet or 0.90 acres);

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:

Petitioners own property on both sides of the 30' wide unimproved right-of-way as shown on the Plat of the National Land Sales Company Subdivision as recorded in Plat Deed Book 102 at Page 600 of the public records of Escambia County, Florida. The National Land Sales Subdivision is located north of State Highway 90A (West Nine Mile Road) and west of Tower Ridge Road in the Beulah area. The petitioner is requesting that the Board vacate any interest the County has in the 30-foot wide right-of-way (30 feet by 1317.45 feet or 0.90 acres) abutting the boundaries of Petitioner's property. Staff has made no representations to the Petitioners or the Petitioners' agent that Board approval of this request confirms the vesting or return of title of 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 objection to the vacation. All utility companies concerned have been contacted and have no objections to the requested vacation. No one will be denied access to his or her property as a result of this vacation.

BUDGETARY IMPACT:

Indirect staff cost associated with the preparation of 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.

IMPLEMENTATION/COORDINATION:

Upon Board approval of the vacation, the necessary documents will be signed and it will be the responsibility of the Petitioner or Petitioner's agent to have the documents recorded in the public record and to advertise the required public notifications.

Attachments
Petition
Hold Harmless
Resolution
Notice of Adoption
Plat Deed Book 102 Page 600
Aerial Map