Agenda

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Public Hearings 11.

BCC Regular Meeting

Meeting Date:	06/10/2013
Issue: 5:31 p.m. Public Hearing - Petition to Vacate a Portion of a Park Parcel in Shady Terrace 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 a portion of a park parcel in Shady Terrace Subdivision, as petitioned by Robert R. and Darleen L. Johnson.

Recommendation: That the Board take the following action concerning the Petition to Vacate a portion of a park parcel in Shady Terrace Subdivision, as petitioned by Robert R. and Darleen L. Johnson:

A. Approve or deny the Petition to Vacate a portion of a park parcel in Shady Terrace Subdivision (approximately 0.07 acres), as petitioned by Robert R. and Darleen L. Johnson;

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.

The Petitioners own property located at 3708 Pompano Drive, which abuts a County park parcel as shown on the plat of Shady Terrace Subdivision, recorded in Plat Book 6, Page 14, of the Public Records of Escambia County, Florida. The Petitioners' property line does not abut the right-of-way of Pompano Drive. The Petitioners have been utilizing a portion of the park parcel to access their property for a number of years. However, a recent title search and boundary survey performed by the Petitioners indicated that the area they have been using for access to their property from Pompano Drive is part of a platted park in the Shady Terrace Subdivision. The Petitioners are requesting that the County vacate any interest the County has in the portion of the park parcel (approximately 0.07 acres) lying between their property line and the east right-of-way line of Pompano Drive. Staff has made no representations to the Petitioners or to the Petitioners' agent that Board approval of this request confirms vesting or return of title to the land to the Petitioners or to any other interested party.

BACKGROUND:

The Petitioners own property located at 3708 Pompano Drive, which abuts a County park parcel as shown on the plat of Shady Terrace Subdivision, recorded in Plat Book 6, Page 14, of the public records of Escambia County, Florida. The Petitioners' property line does not abut the right-of-way of Pompano Drive. The Petitioners have been utilizing a portion of the park parcel to access their property for a number of years. However, a recent title search and boundary survey performed by the Petitioners indicated that the area they have been using for access to their property from Pompano Drive is part of a platted park in the Shady Terrace Subdivision. The Petitioners are requesting that the County vacate any interest the County has in the portion of the park parcel (approximately 0.07 acres) lying between their property line and the east right-of-way line of Pompano Drive. Staff has made no representations to the Petitioners or to the Petitioners' agent that Board approval of this request confirms vesting or return of title to the land to the Petitioners or to any other interested party.

Engineering staff have reviewed this request and have no objections to the proposed 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 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, who will have them recorded in the public records and will have notices published.

Attachments
Petition
Hold Harmless Agreement
Resolution
Notice of Adoption
Plat Book 6 Page 14
Aerial Map