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BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
DATE: June 17, 2014
TO: Honorable Chairman and Members of the Board
FROM: John Hofstad
SUBJECT: Public Hearing: Vacate a portion of 7th Ave and 5th St in Port Dixie
DEPARTMENT: Public Works
BCC DISTRICT: 2
STATEMENT OF ISSUE: Raymond and Felicia Donovan and Steven and Cindra Cowen are
petitioning the Board of County Commissioners to vacate portions of 7th Avenue and 5th Street
rights-of-way including the 20' square overlap in rights-of-way at the southwest corner of Block
70 of the Port Dixie Subdivision in the Shalimar area.
BACKGROUND: The Donovan's and the Cowen's collectively are petitioning the Board of
County Commissioners to vacate a portion of 7th Avenue and 5th Street adjacent to their
properties.
The vacation requests are for the right-of-way adjacent to the South 1/2 of Lots 1 through 6,
Block 2, as platted Townsite of Port Dixie, which includes a part of 7th Avenue and 5th Street.
The requested area for vacation along 7th Avenue is 20' x 180'. The requested area along 5th
Street is 20' x 75', which is that portion lying adjacent to the South 1/2 of Lot 1, Block 70, also
included is the 20' square overlap of rights-of-way at the Southwest corner of Block 70.
There is an existing shed owned by the Donovan's located in the existing right-of-way of 7th
Avenue. The Donovan's intentions are to leave this shed in place following the vacation
approval. If the shed is allowed to remain, it is recommended that the following stipulation for
the vacated rights-of-way be incorporated in lieu of the standard structure restriction: "No new
structures shall be constructed within the vacation area/retained easement. In the event that the
county requires use of the easement the existing structure shall be removed at the owner's
expense". See attached photos for reference to existing shed in question.
OPTIONS: Approve/Disapprove vacation of right-of-way.
RECOMMENDATIONS: Approve the right-of-way vacation request as specified from the
Donovans and the Cowens.
RECOMMENDED BY:
APPROVED BY:
Ernie Padgett, County Administrator