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  County Administrator's Report     13. 5.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 06/03/2014  
Issue:    Schedule a Public Hearing Concerning Vacating Portions of Okaloosa Avenue and Cactus Road Right-of-Way
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Scheduling of a Public Hearing to Consider the Petition to Vacate Portions of Okaloosa Avenue and Cactus Road - Joy D. Blackmon, P.E., Public Works Department Director

That the Board authorize the scheduling of a Public Hearing for June 26, 2014, at 5:31 p.m., to consider the Petition to Vacate portions of Okaloosa Avenue (approximately 20,952 square feet or 0.48 acres) and Cactus Road (approximately 6,969 square feet or 0.15 acres), as petitioned by Dan Cash.
BACKGROUND:
Petitioner owns the property abutting both sides of the rights-of-way requested to be vacated. Okaloosa Avenue (50' R/W) and Cactus Road (50' R/W / formerly Washington Street per plat) are paved, County-maintained roads, dedicated pursuant to plat of Crestview Subdivision, as recorded in Plat Book 1 Page 13 of the public records of Escambia County, Florida. Petitioner is requesting that the Board vacate any interest the County has in the portions of Okaloosa Avenue (approximately 20,952 square feet or 0.48 acres) and Cactus Road (formerly Washington Street / approximately 6,969 square feet or 0.15 acres), as shown on the plat of said subdivision, subject to a utility easement being retained over the length and width of the area to be vacated, with the understanding that the County will not be responsible for future maintenance of the easement area.  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 are requesting that a utility easement be retained over the length and width of the area to be vacated, with the understanding that the County will not be responsible for future maintenance of the easement area.  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 used for closing, vacating and abandoning County owned property - Section lll and Florida Statutes, Chapter 336.
IMPLEMENTATION/COORDINATION:
Once the Public Hearing has been scheduled, the Petitioners or Petitioners' agent will be notified, the date and time will be advertised, and all owners of property within 500 feet will be notified.

It is the responsibility of the Petitioners or Petitioners' agent to advertise the Notice of Public Hearing.

Attachments
Petition
Exhibit A

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