Agenda

Back to Calendar Return

Public Hearings 10.

BCC Regular Meeting

Meeting Date:	10/03/2013
Issue: 5:31 p.m. Public Hearing - Petition to Vacate an Unnamed Right-of-Way in the Pensacola Home Orchards Subdivision
From:	Joy D. Blackmon, P.E.
Department:	Public Works
CAO Approval:

RECOMMENDATION:

5:31 p.m. Public Hearing for consideration of the Petition to Vacate an unnamed Right-of-Way in the Pensacola Home Orchards Subdivision, as petitioned by Southern District of the Christian and Missionary Alliance, Inc.

Recommendation: That the Board take the following action concerning the Petition to Vacate an unnamed Right-of-Way in the Pensacola Home Orchards Subdivision, as petitioned by Southern District of the Christian and Missionary Alliance, Inc.:

A. Approve or deny the Petition to Vacate an unnamed Right-of-Way (20' x 315' = 6,300 square feet or approximately 0.14 acre), as petitioned by Southern District of the Christian and Missionary Alliance, Inc.;

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 a parcel of property in the Pensacola Home Orchards Subdivision, at 4918 Mobile Highway. There is a 20' wide unnamed right-of-way bisecting the parcel as shown on the plat of said Pensacola Home Orchards Subdivision as recorded in Plat Deed Book 87 at Page 524, of the public records of Escambia, Florida. Petitioners are requesting that the Board vacate any interest the County has in the unnamed right of way (20' x 315' = 6300 square feet or approximately 0.14 acres), as shown on the plat of said subdivision, lying between Lot 1, Block E and Lot 40, Block S, Pensacola Home Orchards Subdivision. Staff has expressed no opinion on the title to the vacated area if petitioner's request were approved.

Engineering staff and concerned utility companies have reviewed this request and none have any objection to the proposed 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 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 to Vacate
Hold Harmless
Resolution
Notice of Adoption
Plat Deed Book 87 Page 524
aerial map