BOARD OF COUNTY COMMISSIONERS DATE: April21, 2015 AGENDA ITEM NO.~f"' Regular Agenda

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1 BOARD OF COUNTY COMMSSONERS DATE: April21, 215 AGENDA TEM NO.~f"' Consent Agenda D Regular Agenda D Public Hearing!j 1 nature: Subject: Legislative Petition to Vacate a Portion of Right-of-Way (ROW) per Florida State Statutes, 215. Submitted By: Property Address: Jann L. Russell and Michael G. Cousin h Avenue North Largo, Florida File No.: 1463 Department: Real Estate Management Public Works Recommended Action: Staff Member Responsible: Paul Sacco, Assistant County Administrator Ken Jacobs, Division Manager RECOMMEND THE BOARD OF COUNTY COMMSSONERS (BCC) CONSDER GRANTNG THE PETTON TO VACATE, AND F GRANTED, ADOPT THE ATTACHED RESOLUTON PURSUANT TO FLORDA STATUTE 336.9, AND AUTHORZE THE CLERK TO RECORD THE RESOLUTON N THE PUBLC RECORDS OF PNELLAS COUNTY. Summary Explanation/Background: The subject petition seeks to vacate a portion of the east 15 feet of the 3 foot wide right of way lying adjacent to the west boundary of lot 29, Pinellas Groves, Plat Book 1, Page 55, in Section 23/3/15, Pinellas County, Florida. The vacation of this portion of the Plat will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. Appropriate staff members from Public Works reviewed the subject area and determined the vacation would not have an adverse effect on the vacated area. Letters of No Objection have been received from Bright House, Duke Energy (Distribution) and (Transmission), Pinellas County Engineering and Technical Support, TECO, Verizon and WOW! The Petition was properly advertised in accordance with Florida Statute and additionally notice was mailed by the Clerk of the Court to the adjacent property owners and nearby residents. The Deputy Clerk will report any citizen support or opposition to the BCC. Fiscal mpact/cost/revenue Summary: The owner has paid a $75 filing fee, including advertising cost. Exhibits/Attachments Attached: Contract Review Transmittal Petition to Vacate Notification List Resolution Location Map Revised Page 1 of 1

2 CONTRACT REVEW TRANSMTTAL SLP CATS# PROJECT: Jann Russell and Michael Cousin TYPE: Quasi-Judicial Petition to Vacate a portion of an Easement Date: 3/17/215 ESTMATED EXPENDTURE/REVENUE: $ 75. (Circle appropriate choice above.) n accordance with the policy guide for Contract Administration, the attached documents are submitted for your review and suggested comments and/or changes. To assist other reviewers in this process, please mark your comments and/or suggested changes directly upon the document itselfin RED NK. Upon completion of your review, please complete the Contract Review Transmittal Slip below and call at so that it can be picked up and taken to the next Review Authority on the list. Review Authority Real Property Div. (Sean Griffin) Review Date tl-tc~\,s Comments ncluded/ Addressed nitial & Date Public Works (Tom Farrand) Legal (Chelsea Hardy) Real Est. Mgmt (Paul Sacco) County Administrator (Jaa:d< Y' a d) 2/3/215 Approved in CATS lubli<. 'l>u~ cjeto~n~rvc :::::: C.OJ\~ rc~.:i Q~ll\\.( 1 # peb tict)er; see r~o\ut~ X X X X -- Release/Termination/ Amendment FS Vacation FS ROW Advertisement to Board Records Scheduled Board Date Complies with Section 8 Real Estate Procedures Notification Please return to Real Estate Management Department, Real Property Division by r..:2:.;:;.;::1;.;.5 All inquiries should be made to CYNTHA HARRS at telephone extension or

3 SUBMTTED TO THE BOARD OF COUNTY COMMSSONERS OF PNELLAS COUNTY, FLORDA PETTON TO VACATE. PLAT OR PORTON OF PLAT leas EMEND Comes now your Petitioners. Jann L. Russell and Michael G. Cousin Name of Petitioner and respectfully requests this Honorable Board of County Commissioners to adopt a resolution vacating: Lands described in legal description attached hereto and by this reference made a part hereof. Your petitioner represent that: 1) the petitioner own the fee simple title to the whole or that portion of the plat (easement) that is sought to bevacated; 2) the vacation request herein will not cause injwy to any surrounding property or property owners, and that the above described property does not now serve and is not needed for any public purpose; 3) the interest of the public will not be adversely affected by this vacation, nor will such vacation affect the ownership, or the right of convenient access, of persons owning any other parts of said subdivision. hereby ~ear and/or affinn that the forgoing statements are true: /.-- ) c \ Mi~iiael by My Commission Expires: k.-l!;rt' /~ ~ '.. ' -----~- NOTARY ~-P~. Print Name Commission Number: ~L.. /(; Lj2 9 t.

4 LEGAL DESCRPTON: SECTON 23 TOWNSHP 3 SOUTH, RANGE 15 EAST, PNELLAS COUNTY, FLORDA SKETCH OF LEGAL NOT A SURVEY THE EAST 15 FEET OF THE 3 FOOT WDE PNELLAS GROVES RGHT-OF-WAY LYNG ADJACENT TO THE WEST BOUNDARY OF LOT 29, N THE NORTHEAST 1/4 OF SECTON 23, TOWNSHP 3 SOUTH, RANGE 15 EAST, AS SHOWN BY PLAT OF PNELLAS GROVES, ACCORDNG TO PLAT THEREOF AS RECORDED N PLAT BOOK 1, PAGE 55, OF THE PUBLC RECORDS OF PNELLAS COUNTY, FLORDA, LESS THAT PART LYNG 5 FEET NORTH OF THE EAST-WEST CENTERLNE OF SECTON 23, TOWNSHP 3 SOUTH, RANGE 15 EAST. GRAPHC SCALE 1'' = 1' ' 1' 2' 3' ~~--.. ~1======~ :r: t o::: z 1- w ::: 1- (f) -o... t") (J) ~ SANCHEZ, ROBERT SANCHEZ, LA DONNA RD ST LARGO FL /3/15//13/4 HAHN, MARDELL RD ST SEMNOLE FL /3/15//13/25 15.' BANK OF AMERCA 9 SOUTHSDE BLVD BLDG 4 JACKSONVLLE FL /3/15//13/26 + RUSSELL, JANN L COUSN, MCHAEL G TH AVE N LARGO FL /3/15/774/1/29 LOT 29 C.,.~ ~s: \: \...'-\ ' ',,.\,,. ~\,;;. \~i~.;~% :r: - ::: z + ~ L() ld ~ L() ~ ~, 15.oo c----- N88"52' 5 7"W _3~8'±C EAST-wEsT CENTERLNE OF SECTON 23;---_-:;3:;;--~15~- 9..L 4 _th_alv_e_n_u_e_n_o_r-th-- LEGEND (P) = Data per Record Data (1.4) = Measured Data PG.(s) = Page (s) O.R. = Official Record Book P.B. = Plat Book R/W = Right-of-way LB = Corporate Certificate Number P.L.S. = Professional Lond Surveyor <t_ = Centerline JOB NUMBER: /15/214 REVSED DATE: 5/8/214 ~ GUY HALE LAND SURVEYNG 111 FOREST LAKES BOULEVARD OLDSMAR, FLORDA (727) FAX (727)

5 PROPERTY OWNER COURTESY NOTFCATON LST FOR FLE #1463 JANN L. RUSSELL MCHAEL G. COUSN TH AVENUE NORTH SEMNOLE, FL PETTONER ADJACENT PROPERTY OWNERS NOTFCATON LETTER SENT TO THESE OWNERS BY THE CLERK OF THE CRCUT COURT- BCC RECORDS DVSON REAL PROPERTY DVSON ATTN: CYNTHA M. HARRS 59 EAST A VENUE S CLEARWATER, FL RUFFO, ELSA ND ST LARGO, FL MLLS, WLMA R TH AVE LARGO, FL BROOKS, SAM D BROOKS, MARGARET T ST ST LARGO, FL CLEMENT, MARK W CLEMENT, CYNTHA L ND ST LARGO, FL ESTATE LLC 333 DR ML KNG JR ST N ST PETERSBURG, FL BANK OF AMERCA 9 SOUTHSDE BLVD BLDG 4 JACKSONVLLE, FL HALL, AMBER L FREEMAN, PATRCK TH ST SEMNOLE, FL BEDELSCHJES, KMBERLEY J ST ST LARGO, FL PNELLAS COUNTY ATTN PW OPERATONS US HWY 19N CLEARWATER, FL SCHNEDER, RCHARD K SCHNEDER, MONCA R RD ST SEMNOLE, FL SANCHEZ, ROBERT SANCHEZ, LA DONNA RD ST LARGO, FL MATHOS, ERC R ST ST LARGO, FL CARTER, JAMES W CARTER, ASHLEY E ST ST LARGO, FL HAHN, MARDELL RD ST SEMNOLE, FL USHER, ADAM D TH AVE SEMNOLE, FL RUSSELL, JANN L COUSN, MCHAEL G TH AVE N LARGO, FL DRLNG, DAVD M EST ST ST LARGO, FL LUCCKAS, MARE C EST C/ LUCCKAS, ROBERT ST ST SEMNOLE, FL BRASS, ROBERT BRASS, BARBARA 9 94TH AVE SEMNOLE, FL WELLS, ANNA-MARE E ND ST LARGO, FL

6 TCHENOR, RONALD REV LN TRE TCHENOR, RONALD G TRE 99 LODESTAR TARPON SPRNGS, FL DELATORRE, CHARLES DELATORRE, LYNN THAVE SEMNOLE, FL ATTORNEY CHARLES E. LYKES 1172 BROWNELL STREET SUTE A CLEARWATER, FL 33756

7 RESOLUTON NO. RESOLUTON VACATNG A PORTON OF THE EAST 15 FEET OF THE 3 FOOT WDE RGHT OF WAY LYNG ADJACENT TO THE WEST BOUNDARY OF LOT 29, PNELLAS GROVES SUBDVSON, PLAT BOOK 1, PAGE 55 LOCATED N SECTON 23, TOWNSHP 3 SOUTH, RANGE 15 EAST OF THE PUBLC RECORDS OF PNELLAS COUNTY. WHEREAS, Jann L. Russell and Michael G. Cousin, have petitioned this Board of County Commissioners to vacate the following described property: Lands described in legal description attached hereto and by this reference made a part hereof; and WHEREAS, the Petitioners are the apparent owners of record of the portion of the plat requested to be vacated, and have shown that the vacation of such portion of the plat will not affect the ownership or right of convenient access of persons owning other parts of the subdivision; and WHEREAS, the County has determined and verified that the requested vacation will not cause injury to surrounding property owners and is not needed for any public purpose; and

8 WHEREAS, the publisher's affidavit and County determination, showing compliance with the notice requirements of Chapter of the Florida Statutes, have been received by the Board of County Commissioners. NOW, THEREFORE, BE T RESOLVED by the Board of County Commissioners of Pinellas County, Florida, in regular session duly assembled on this day of -----' 2_, that the above described property and plat be, and the same are hereby vacated, insofar as this Board of County Commissioners has the authority to do so, pursuant to 336.9, Florida Statutes. BE T FURTHER RESOLVED that this resolution and the proof of publication of the notice of public hearing, and the proof of publication of the notice of adoption hereof, be recorded in the deed records of Pinellas County, Florida. Commissioner offered the foregoing resolution and moved its adoption, which was seconded by Commissioner and upon roll call, the vote was: AYES: NAYS: ABSENT AND NOT VOTNG:

9 SECTON 23 TOWNSHP 3 SOUTH, RANGE 15 EAST, PNELLAS COUNTY, FLORDA SKETCH OF LEGAL NOT A SURVEY LEGAL DESCRPTON: THE EAST 15 FEET OF THE 3 FOOT WDE PNELLAS GROVES RGHT-OF-WAY LYNG ADJACENT TO THE WEST BOUNDARY OF LOT 29, N THE NORTHEAST 1/4 OF SECTON 23, TOWNSHP 3 SOUTH, RANGE 15 EAST, AS SHOWN BY PLAT OF PNELLAS GROVES, ACCORDNG TO PLAT THEREOF AS RECORDED N PLAT BOOK 1, PAGE 55, OF THE PUBLC RECORDS OF PNELLAS COUNTY, FLORDA, LESS THAT PART LYNG 5 FEET NORTH OF THE EAST-WEST CENTERLNE OF SECTON 23, TOWNSHP 3 SOUTH, RANGE 15 EAST. GRAPHC SCALE ~ " = 1' ' 1' 2' 3' -~ ~ :::: z SANCHEZ, ROBERT SANCHEZ, LA DONNA RD ST LARGO FL /3/15//13/4 n::: z 1- w :::: 1- (/) ".._ 1' ()) HAHN, MARl DELL RD ST SEMNOLE FL ' f= ::: 1 ~ <{ :;~ ~. ~~ (/) ~ 1 ::: U)_j :s 23/3/15//13/25 ~ ~ ~ ~ 18:: w (/). ::: oo Q_ Q_l' --1 ' _j ::: Q_ z <;{ 9 SOUTHSDE BL v'd BLDG 4 \ l,l. JACKSONVLLE FL /\ 23/3/15//13/26 1 j.w ") N,-+-f---1 r'j RUSSELL, JANN L COUSN, MCHAEL G TH AVE N LARGO FL /3/15/774/1/29 LOT 29 L z N88.52'57"W EAST-WEST CENTERLNE OF SECTON 23t_-:;3;;;--_-:;-1-;-5-::_-L---L th AVENUE NORTH LEGEND (P) = Data per Record Data (M) = Measured Data PG.(s) - Page (s) O.R. = Official Record Book P.B. = Plot Book R/W Right-of-way LB = Corporate Certificate Number P.L.S. = Professional Land Surveyor <t. = Centerline CER T/FCA T/ON: CERTFED AS A SKETCH OF LEGAL UNLESS T BEARS THE SGNATURE AND THE ORGNAL RASED SEAL OF A FLORDA LCENSED SURVEYOR & MAPPER, THS DRAWNG, SKETCH, PLAT OR ZAP FOR NFORMATONAL PURPOSES JNL Y AND S NOT VA. A j '.. JOB NUMBER:21492.t/ 12/15/214 REVSED DATE: 5/8/214 ~ 11) ~ (/) 15.oo '± L GUY HALE LAND SURVEYNG 111 FOREST LAKES BOULEVARD OLDSMAR, FLORDA (727) FAX (727)

10 Petition to Vacate File No.: 1463 N! Map & Subject(s) are Reference Only NOT TO SCALE Pinellas County Real Estate Management Real Property Division