Okaloosa County BOCC — November 1, 2016 — Public Hearing to vacate a portion of Hilton Trail in the Baker area — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 1, 2016 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Public Hearing to vacate a portion of Hilton Trail in the Baker area DEPARTMENT: Public Works BCC DISTRICT: 3 STATEMENT OF ISSUE: James Marshall, as agent on behalf of land owners adjacent to Hilton Trail, is petitioning the Board of County Commissioners to vacate a portion of Hilton Trail. Okaloosa County owns and maintains Hilton Trail, a dirt road, through use and maintenance. BACKGROUND: Mr. James Marshall petitioned the Board of County Commissioners to vacate a portion of Hilton Trail adjacent to property owned by him and three other landowners which he represents. The vacation request is for the prescriptive right-of-way lying between Hester Church Road and Vinson Ray Road and more particularly that portion of Hilton Trail lying in and along the West line of Sections 16, Township 4 North, Range 24 West, and the East line of Section 17, Township 4 North, Range 24 West of Okaloosa County, Florida. The requested area for vacation is approximately .865 mile of Hilton Trail. The majority of the vacation request will impact land adjacent to the county road where the land use is agriculture and owned primarily by Mr. James Marshall who farms both sides of the roadway; except the smaller tracts owned by other parties. All stipulations will apply so that the County reserves for itself and any and all licensed utility companies a full width utility easement in the entire portion of the right-of-way vacated. See attached aerial photo for reference. On October 4, 2016 a public hearing was conducted regarding the vacation request. Staff was aware that the posting on site and publication in the newspaper properly indicated a meeting date of October 4th and meeting time of 8:30 am. However, after the meeting staff was made aware that the time specified in the certified letter sent by the applicant indicated an October 4th meeting time of 6:30 pm. Because of the error in the certified letter, the prior action was rescinded and the public hearing is being conducted again. Through the second advertisement period staff has received the following input: * Staff has verified with the School Board transportation representative regarding the concerns expressed related to Hilton Trail being used as a bus route and it was confirmed that it is not a reason for objection from the School Board. * Mr. Adams, property owner immediately to the south of Mr. Marshall, has expressed concern with his driveway being utilized as a turnaround because the full roadway isn't being closed. Mr. Adams did not object to the vacation request, but did want to verify that the County would continue maintenance of the portion not vacated. That was confirmed. * Mr. McLelland, property owner of the parcel on the east side of the north end of the road called to verify that he would not be required to relocate the/his water line that is within the existing right of way. Staff verified that would not be required as an easement for utilities is to remain. Due to the mail-out error in the prior notification, staff has verified that all notices (newspaper, on-site posting and certified mail-out) were properly advertised. OPTIONS: Approve/Disapprove to vacate a portion of Hilton Trail right-of-way with stipulations. RECOMMENDATIONS: Approve the request to vacate that portion of Hilton Trail as requested by Mr. James P. Marshall with all standard stipulations remaining. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator