Meeting Type: BCC Regular Meeting
Meeting Date: 11/7/2023
Item Status: New
From: Frank Lundy, P.E., County Engineer
Mark Acreman, P.E., Assistant County Engineer
Tucker Stuart, P.E., Construction Engineer
Mike Campbell, Engineering Technician I
Submitted by: Halley Dixon, Operations Support Specialist II
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ITEM TITLE
Title
License Agreement #23029 - 7th Street Unopened Right-of-Way between Barclay Avenue and Kee Avenue
End
STAFF RECOMMENDATION
Recommendation
Take the following actions:
1) Authorize Area 300 Highway Department crews to perform a one-time clearing of 6’ by 630’ strip along the western portion of 7th Street in Lillian, Alabama unopened right-of-way; and
2) Approve License Agreement #23029 permitting Maria Nogueira to maintain 6’ by 630’ strip of unopened right-of-way on 7th Street in Lillian, Alabama.
The term of this agreement shall commence on the date of full execution. License for maintenance shall be indefinite according to the terms of the agreement or until modified by a written agreement with Licensor.
BACKGROUND INFORMATION
Background: Maria Nogueira desires to maintain approximately 6’ x 630’ strip of unopened right-of-way on 7th Street in Lillian, Alabama. The approximate 6’ of cleared area will be from the licensee’s property line to the east to prevent brush overgrowth onto a fence. The remaining 54’ x 630’ will not be cleared. No further clearing of underbrush or trees will be allowed within the right-of-way. The licensee shall maintain the 6-foot strip indefinitely.
Previous Commission action/date:
March 6, 2014: The Commission approved License Agreement #14001 permitting Maria Nogueira to clear approximately 40’ x 650’ of a 60’ x 650’ unopened right of way (7th Street in Lillian, Alabama), which involved underbrush and all trees 40’ from her property line to the east. The remaining 20’ x 650’ of right of way will not be cleared.
March 18, 2014: The Commission terminated License Agreement #14001 permitting Maria Nogueira to clear approximately 40’ x 650’ of a 60’ x 650’ unopened right-of-way (7th Street in Lillian, Alabama).
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: Standard agreement used as previously approved by Laura Coker (02/11/2020) los
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration Staff prepare correspondence and have license agreement executed by the Chairman. Send correspondence with original executed agreement to Halley Dixon. Mike Campbell will issue the license agreement and conduct all necessary follow-up inspections on work performed.
Action required (list contact persons/addresses if documents are to be mailed or emailed): Contact:
Ms. Maria Nogueira
34445 Barclay Avenue
Lillian, Alabama 36549
Additional instructions/notes: Administration - upload License Agreement to Contracts with Tucker Stuart as originator.