Agenda

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Public Hearings 11.

BCC Regular Meeting

Meeting Date:	11/06/2014
Issue: 5:32 p.m. Public Hearing - Vacate a Portion of Sinton Drive
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 Sinton Drive, as petitioned by Marvin Woodruff.

Recommendation: That the Board take the following action concerning the Petition to Vacate a portion of Sinton Drive, approximately 0.17 acre, as petitioned by Marvin Woodruff:

A. Approve or deny the Petition to Vacate a portion of Sinton Drive, approximately 0.17 acre, as petitioned by Marvin Woodruff;

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:

The Petitioner owns property bordering on both sides of portions of Sinton Drive (60-foot-wide right-of-way), a paved County-maintained road, as dedicated and shown on the plat of Quinavista Subdivision, recorded in Plat Book 2 at Page 68 of the public records of Escambia County, Florida. Quinavista Subdivision (portions of which have been re-subdivided into Southwind Subdivision as recorded in Plat Book 11 at Page 23 of the public records of said County), lies south of Gulf Beach Highway and east of Casa Maria Lane. The petitioner owns and operates the Southwind Marina facility located on Big Lagoon. The Petitioner has plans in design to construct a restaurant facility on the portion of Petitioner's property lying south of Sinton Drive. This facility would have the same foot print as the facility, which was destroyed by Hurricane Ivan in 2004. The design requires utilization of the southernmost portion of Sinton Drive requested to be vacated for handicap and other parking. Petitioner is requesting that the Board vacate any interest the County has in the portion of Sinton Drive, approximately 0.17 acres, which abuts his property. In 2004, the Board vacated a portion of Sinton Drive that lies to the east of this portion of Sinton Drive. Staff has made no representations to the Petitioner or to the Petitioners' agent that Board approval of this request operates to confirm the vesting or return of title to the land to the Petitioner or to any other interested party.

There are no encroachment issues involved with this vacation request. Staff has reviewed this request and has no objections to the proposed vacation provided that a public-access easement be retained over the vacated portion of Sinton Drive, with the understanding that the County will not be responsible for maintenance of the easement. All utility companies concerned have been contacted and have no objections to the requested vacation provided that a utility easement is retained over the area being vacated, with the understanding that the County will not be responsible for the maintenance of the easement. 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 to the Petitioner's agent, who will have them recorded in the public records and will have notices published.

Staff has been in contact with Tom Hammond, agent for the Petitioner. It is the responsibility of the Petitioner or the Petitioner's agent to advertise the Notice of Public Hearing.

Attachments
Petition
Resolution
Hold Harmless
Proof of Publication
Notice of Adoption
Southwind S/D PB 11 Page 23
Quniavista S/D PB 2 Page 68
Map