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County Administrator's Report 12. 33.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Scheduling of a Public Hearing to Consider the Vacation of a 20-Foot-Wide Drainage Easement off Water Spray Terrace, on the Board's Own Motion - Joy D. Blackmon, P.E., Public Works Department Director
That the Board take the following action concerning the scheduling of a Public Hearing, to consider the vacation of a 20-foot-wide drainage easement off Water Spray Terrace, on the Board's own motion:
A. Schedule a Public Hearing for April 23, 2015, at 5:31 p.m., to consider the vacation of 20-foot-wide drainage easement off Water Spray Terrace and ratify the advertisement of the Public Hearing, which will be published in the Pensacola News Journal on April 6, 2015; and
B. Authorize the expenditure of funds for all costs associated with this vacation.
[Funding: Fund 352, LOST III , Cost Center 210107, Object Codes 56101/56301, Project #14EN2592, Innerarity Point Drainage] |
| BACKGROUND: |
The County has a project in design to make stormwater drainage improvements in the Linn Avenue and Water Spray Terrace area located south off Innerarity Point Road. Design indicated the need for drainage easements to facilitate the project. One easement required was a 20' wide drainage easement along the south and east property line of the Barnes property located at 5900 Water Spray Terrace. The owners agreed to the donation of the easement and the Board, meeting in regular session on April 29, 2014, accepted the donation of the easement from David A. and Vicki L. Barnes. The drainage easement from David A. and Vicki Lynn Barnes is recorded in Official Record Book 7169 at Page 180 of the public records of Escambia County, Florida.
The property lying south of and abutting the Barnes property is owned by Michael and Michelle McNair, who are in the process of selling their property. Their title search revealed that due to a scrivener's error in the deed of record for the Barnes property there appears to be a problem with the south boundary line of the Barnes property and the north boundary line of the McNair property, which also affects the actual location of the County drainage easement donated by Mr. and Mrs. Barnes.
To clear up the issue of the location of the County's drainage easement, which may, depending on the interpretation of the intent in the deed of record to the Barnes, be on the McNairs property, the McNairs have asked the County to vacate the drainage easement from David A. and Vicki Lynn Barnes as described and recorded in Official Record Book 7169 at Page 180 of the public records of Escambia County, Florida. |
| BUDGETARY IMPACT: |
| Funds for legal advertisements and document recordings are available in Fund 352, "LOST III", Cost Center 210107, Object Codes 56101/56301, Project #14EN2592, "Innerarity Point Drainage". |
| 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 Statutes, Chapter 336. |
| IMPLEMENTATION/COORDINATION: |
| Once the Public Hearing has been scheduled, the date and time will be advertised, and all owners of property within 500 feet will be notified. It will be the responsibility of County staff to place the advertisement and notify property owners. |
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