Agenda

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Public Hearings 10.

BCC Regular Meeting

Meeting Date:	05/07/2020
Issue: 5:35 p.m. Public Hearing - Vacation of a Utility and Drainage Easement located at 2318 Copter Road
From:	Joy Jones
Department:	Engineering
CAO Approval:

RECOMMENDATION:

5:35 p.m. Public Hearing for consideration of the Petition to Vacate a Utility and Drainage Easement, located at 2318 Copter Road, as petitioned by Henry Floyd Pruett, Jr., Trustee for the Henry Floyd, Jr. Revocable Living Trust.

Recommendation: That the Board take the following action concerning the Petition to Vacate a Utility and Drainage Easement located at 2318 Copter Road (0.13 acres, more or less), as petitioned by Henry Floyd Pruett, Jr., Trustee for the Henry Floyd, Jr. Revocable Living Trust:

A. Approve or deny the Petition to Vacate a Utility and Drainage Easement located at 2318 Copter Road (0.13 acres, more or less), as petitioned by Henry Floyd Pruett, Jr., Trustee for the Henry Floyd, Jr. Revocable Living Trust;

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 and authorize the Chairman or Vice Chairman to execute them at that time.

The real property mentioned in this Petition to Vacate is located in Commission District 4.

BACKGROUND:

On May 17, 2002, Petitioner purchased property located at 2318 Copter Road. The Petitioner is presently in negotiations to sell the property and is requesting that the 20-foot wide Utility and Drainage Easement, dated September 1, 1981, be vacated.

In August of 1981, the Board of County Commissioners passed a Resolution to vacate a portion of First Street (66' ROW) lying south of Franklin Street and north of Washington Street, as per the plat of the Ferry Pass Heights Subdivision. It is noted in the legal description in that the 1981 vacation resolution that the County would reserve the west 20 feet for a utility and drainage easement. After the First Street vacation, the requested 20-foot wide Utility and Drainage Easement, dated September 1, 1981, was granted by Dr. Eugene G. Brunson and Tyra P. Brunson to Escambia County and was recorded in the Official Records Book 1577, Pages 244-245 of the Public Records of Escambia County, Florida.

Stormwater Management staff have indicated that drainage in the area crosses from Copter Road to Nine Mile Road through a wetland area approximately 282 feet west of the Petitioner's property.

There are no staff concerns regarding the Petition to Vacate the Utility and Drainage Easement.

Pensacola Energy has an active gas main and will need to reserve an easement in the vacation area.

BUDGETARY IMPACT:

Indirect staff costs associated with the preparation of documents and 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 Statues, Chapter 336.

IMPLEMENTATION/COORDINATION:

Upon Board approval of the Petition to Vacate, the necessary documents will be signed and delivered to the Petitioner or the Petitioner's agent, who will have them recorded in the public records and will have notices published.

Attachments
Hold Harmless_Copter Road
Resolution_Copter Road
Notice of Adoption_Copter Road
Certification & Mailing List_Copter Road
Aerial Map_Copter Rd.
Proof of Publication_Copter Road
Ferry Pass Heights Plat Map_Copter Rd.
First Street Vacation Resolution_Copter Rd.
Utility/Drainage Easement_Copter Rd.
Petition_Copter Road