Okaloosa County BOCC — May 15, 2013 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: May 21, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Encroachment Resolution - Choctawmar Park DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Two privately owned parcels located at 111 Meigs Drive (Lot 49, Choctawmar Subdivision) and 113 Meigs Drive (Lot 50, Choctawmar Subdivision) have been identified as having encroachments upon property owned by the County, commonly referred to as Choctawmar Park. The property owners are requesting relief from said encroachments through a permanent encroachment permit to run in perpetuity with title to the respective parcels. BACKGROUND: During a review of County-owned parcels last year, it was determined that two residential parcels located in the Shalimar area had improvements that potentially encroached upon a County-owned parcel commonly referred to as Choctawmar Park. These encroachments were later field verified by the County’s Engineering and Survey Division. Upon verification, the County’s Public Works Department was directed to formally notify the property owners of the encroachments in an effort to solicit their response and proposed resolution. On March 20, 2013, Public Works staff received a response from David A. Simpson and Elizabeth E. Butler (collectively) seeking a permanent resolution to the subject encroachments (March 18, 2003 memo attached). While the County does have a Resolution of Encroachments Upon County-Owned Property policy, the subject property owners contest that this policy does not apply to their respective situations as the County’s policy is specific to parcels attained through deed and not through acquired or platted rights-of-way or dedicated easement. As such, both Mr. Simpson and Ms. Butler contend that the County’s provisions for encroachment relief as contained in the encroachment policy do not contain a mechanism whereby they can seek a remedy to the identified encroachments. Without a remedy to address the encroachments as specified in policy, staff contends that the encroachments should be removed from County-owned lands. However, Mr. Simpson and Ms. Butler contend that they have had and should continue to have “the full use and enjoyment” of the improvements originating on their respective parcels and encroaching upon the adjacent County parcel. Accordingly, both Mr. Simpson and Ms. Butler are requesting that the Board grant a permanent encroachment permit to run with the title to their respective properties. This request has been reviewed by the County Attorney and his response is provided as an attachment. Staff is seeking guidance from the Board as to the appropriate remedy for this situation: 1) the encroachments shall be removed to the common property line, or 2) the property owners, Mr. Simpson and Ms. Butler, shall be granted a permanent encroachment permit to run in perpetuity with title to the respective parcels. OPTIONS: Request Board guidance as to the appropriate remedy to satisfy existing encroachments upon County-owned property from private property located at 111 Meigs Drive and 113 Meigs Drive. RECOMMENDATIONS: Staff requests guidance from the Board of County Commissioners as to the appropriate remedy for resolving encroachments upon County property from two privately owned parcels located at 111 Meigs Drive and 113 Meigs Drive; those options being: 1) the encroachments shall be removed to the common property line, or 2) the property owners, Mr. Simpson and Ms. Butler, shall be granted a permanent encroachment permit to run in perpetuity with title to the respective parcels. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator