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  Public Hearings     9.    
BCC Regular Meeting   
Meeting Date: 06/26/2014  
Issue:    5:32 p.m. Public Hearing - Vacate Portion of Alleyway in Block 102, Beach Haven 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 alleyway in Block 102, Beach Haven Subdivision, as petitioned by Michael Majewski.

Recommendation:
  That the Board take the following action concerning the Petition to Vacate a portion (12 feet by approximately 156 feet) of an alleyway in Block 102, Beach Haven Subdivision, as petitioned by Michael Majewski:

A. Approve or deny the Petition to Vacate a portion (12 feet by approximately 156 feet) of an alleyway in Block 102, Beach Haven Subdivision;

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:

Petitioner owns property abutting both sides of a portion of a 12' wide alleyway located in Block 102, Beach Haven Subdivision as recorded in Plat Deed Book 46 at Page 51 of the public records of Escambia County, Florida.  Petitioner is requesting that the Board vacate any interest the County has in the portion (12' x approximately 156') of a 12' wide alleyway in Block 102, Beach Haven Subdivision, 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 have requested 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 for closing, vacating and abandoning County Owned property - Section III, and Florida Statues, 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 the Petitiioner's agent to have the documents recorded in the public records and to advertise the required public notifications. 


Attachments
Petition
hold harmless
Resolution
notice of adoption
Plat
Aerial view

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