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  County Administrator's Report     11. 6.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 01/05/2012  
Issue:    Schedule a Public Hearing to Consider the Petition to Vacate Portions of Two Un-Named Rights-of-Way in National Land Sales Company's Subdivision
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Scheduling of a Public Hearing to Consider the Petition to Vacate Portions of Two, Un-Named Rights-of-Way in National Land Sales Company’s Subdivision - Joy D. Blackmon, P.E., Public Works Department Director

That the Board authorize the scheduling of a Public Hearing for February 2, 2012, at 5:31 p.m., to consider the Petition to Vacate portions of two, un-named rights-of-way (approximately 44,562 square feet or 1.02 acres), in National Land Sales Company’s Subdivision, as petitioned by Michael J. Kirsch and Charles P. Andrews.

The Petitioners own property abutting portions of two, un-named rights-of-way, as shown on the plat of the National Land Sales Company’s Subdivision as recorded in Plat Deed Book 128, at Page 541, of the Public Records of Escambia County, Florida.  This portion of the National Land Sales Company’s Subdivision is located south of Interstate 10 (I-10) and east of Pine Forest Road.  Petitioners are requesting that the Board vacate any interest the County has in that portion of a 15-foot-wide, un-named right-of way, extending east to west along the south boundary line of the National Land Sales Company’s Subdivision and that portion of a 30-foot-wide, un-named right-of-way, extending north to south and bordered on the west by Lots 47 and 50 and bordered on the east by Lots 46 and 51 of the National Land Sales Company’s Subdivision, as shown on Exhibit “A” (approximately 44,562 square feet or 1.02 acres).  Staff has made no representations to the Petitioners that Board approval of this request operates to confirm the vesting or return of title to the land to the Petitioners or to any other interested party.
BACKGROUND:
The Petitioners own property abutting portions of two un-named rights-of-way as shown on the plat of the National Land Sales Company’s Subdivision as recorded in Plat Deed Book 128 at Page 541 of the public records of Escambia County, Florida. This portion of the National Land Sales Company’s Subdivision is located south of Interstate 10 (I-10) and east of Pine Forest Road. Petitioners are requesting that the Board vacate any interest the County has in that portion of a 15 foot wide un-named right-of way extending east to west along the south boundary line of the National Land Sales Company’s Subdivision and that portion of a 30 foot wide un-named right-of-way extending north to south and bordered on the west by Lots 47 and 50 and bordered on the east by Lots 46 and 51 of the National Land Sales Company’s Subdivision as shown on Exhibit “A” (approximately 44,562 square feet or 1.02 acres). Staff has made no representations to the Petitioners that Board approval of this request operates to confirm the vesting or return of title to the land to the Petitioners or to any other interested party.

There are no encroachment issues involved with this vacation request. Staff has reviewed the request and has no objection to the vacation. All utility companies concerned have been contacted and have no objections to the requested vacation provided that a utility easement is retained, 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 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 Petitioners will be notified, the date and time will be advertised, and all owners of property within 500 feet notified.

Attachments
Petition
Plat
Map

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