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  County Administrator's Report     11. 9.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 11/17/2015  
Issue:    Schedule a Public Hearing to Consider the Petition to Vacate a Portion of Hillview Drive
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval: Jack R. Brown

RECOMMENDATION:
Recommendation Concerning the Scheduling of a Public Hearing to Consider the Petition to Vacate a Portion of Hillview Drive - Joy D. Blackmon, P.E., Public Works Department Director

That the Board schedule a Public Hearing for December 10, 2015, at 5:32 p.m., to consider the Petition to Vacate a portion of Hillview Drive, (80 feet x 239.87 feet  = 19,189.60 square feet or approximately 0.44 acres), as petitioned by ACTS Retirement-Life Communities, Inc.
BACKGROUND:
The Petitioner owns property on both sides on the easternmost portion of Hillview Drive. Hillview Drive is a paved, county-maintained road (80' R/W). The portion of Hillview Drive requested to be vacated consists of 80' x 239.87' = 19,189.60 square feet or approximately 0.44 acres, and serves as an entrance road into the ACTS Retirement Complex. The Petitioner has plans to construct an entrance guard house on the vacated portion of Hillview Drive for security purposes. 

The Petitioner is requesting that the Board vacate any interest the county has in this portion of Hillview Drive.   

Staff has made no representations to the Petitioner or the Petitioners' agent that Board approval of this request operates to confirm the vesting or return of title of the land to the Petitioner or to any other interested party.

There are utilities located within the area requested to be vacated, so a utility easement will need to be retained over the entire length and width of the vacated portion, with the understanding that the county will not be responsible for 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 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:
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 Petitioner will be notified, the date and time will be advertised, and all owners of property within 500 feet will be notified.

Staff has been in contact with Jonathan D. Green, Jr., E.I., (Petitioners' Agent). It is the responsibility of the Petitioners or Petitioners' Agent to advertise the Notice of Public Hearing.

Attachments
Petition
Aerial Map

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