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Public Hearings 9.
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| BCC Regular Meeting |
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| RECOMMENDATION: |
5:31 p.m. Public Hearing for consideration of the vacation of the eastern portion of Kersey Road on the Board's own motion.
Recommendation: That the Board take the following action concerning the vacation of the eastern portion of Kersey Road on the Board's own motion:
A. Approve or deny the vacation of the unopened and unmaintained right-of-way portion of Kersey Road;
B. Adopt the Resolution to Vacate; and
C. 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: |
Escambia County maintains a portion of Kersey Road from Reeders Lane to Pine Forest Road (approximately 1,010 feet.) However, a portion of Kersey Road, which has never been maintained by Escambia County, is unopened and extends from Interstate Court westward for approximately .40 miles. Joel and Mary Jane Havener are property owners who have access to the unopened portion of Kersey Road.
According to a lawsuit filed by them, the Haveners purchased real property located at 2201 Kersey Road on or about February 16, 2012, contending that they were given inaccurate information by their seller, their title company, and various real estate agents as to the status of the unopened, private section of Kersey Road. In their suit filed in Escambia County, they allege that the foregoing parties negligently provided them information that Kersey Road was county-maintained, inducing them to buy this real property.
However, Escambia County had no participation in this purchase and made no representations to the Haveners other than posting on its website the information that the portion of Kersey Road from Reeders Lane to Pine Forest Road was county-maintained.
The purpose of this Request to Vacate is to confirm, by Board action, what has already been established through county policy - that the portion of Kersey Road which abuts the Haveners' property is an unopened right-of-way and has never been county-maintained. There are no encroachment issues involved with this request. Gulf Power has requested to retain a utility easement.
Per Board action on January 18, 2018, Agenda Item 13519 on the County Attorney's Report, the Board approved a mail-out radius of 500 feet for notification purposes. |
| BUDGETARY IMPACT: |
| Funding for legal advertisements and document recordings is available in Fund 175 "Transportation Trust Fund," Cost Center 211602, Object Code 54901. This funding source will cover all costs associated with the Request to Vacate.
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| LEGAL CONSIDERATIONS/SIGN-OFF: |
| Deputy County Attorney Charles V. Peppler is representing Escambia County in the litigation brought by the Haveners.
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| 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
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| IMPLEMENTATION/COORDINATION: |
| Upon Board approval of the vacation, the necessary documents will be signed and it will be the responsibility of county staff to have the documents recorded in the public record and to advertise the required public notifications.
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