Agenda

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Public Hearings 13.

BCC Regular Meeting

Meeting Date:	12/10/2015
Issue: 5:32 p.m. Public Hearing - Vacate a Portion of Hillview 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 Hillview Drive.

Recommendation: That the Board take the following action concerning the Petition to Vacate a portion of Hillview Drive, (80 feet x 239.87 feet or approximately 0.44 acres), as petitioned by ACTS Retirement-Life Communities, Inc.:

A. Approve or deny the Petition to Vacate a portion of Hillview Drive, (80 feet x 239.87 feet or approximately 0.44 acres);

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 on both sides on the easternmost portion of Hillview Drive, a paved, county-maintained road (80' R/W). The portion of Hillview Drive requested to be Vacated consists of 19,189.60 square feet (80' x 239.87'), or approximately 0.44 acres, and serves as an entrance road into the ACTS Retirement Complex. For security purposes, the Petitioner has plans to construct an entrance guard house on the Vacated portion of Hillview Drive.

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:

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:

Upon Board approval of the Vacation, the necessary documents will be signed and it will be the responsibility of the Petitioner or Petitioner's agent to have the documents recorded in the public record and to advertise the required public notifications.

Attachments
Petition
Hold Harmless
Resolution
Aerial Map-Exhibit A