BOARD OF COUNTY COMMISSIONERS. Regular Agenda

Transcription

1 BOARD OF COUNTY COMMSSONERS Regular Agenda D DATE: August 18, 2015 AGENDA TEM NO.J5 Public Hearing [12{ Subject: Legislative Petition to Vacate a Portion of Public Right-of-Way (ROW) per 336 Florida State Statutes, Submitted By: Carol Powers 505 Broadus Street Crystal Beach, FL File No.: 1484 Department: Real Estate Management Public Works Staff Member Responsible: Andrew W. Pupke, Director Troy Tinch, Division Manager Recommended Action: RECOMMEND THE BOARD OF COUNTY COMMSSONERS (BOARD) CONSDER GRANTNG THE PETTON TO VACATE, AND F GRANTED, ADOPT THE ATTACHED RESOLUTON PURSUANT TO FLORDA STATE STATUTE 336, AND AUTHORZE THE CLERK TO ATTEST AND RECORD THE RESOLUTON N THE PUBLC RECORDS OF PNELLAS COUNTY. Summary Explanation/Background: The subject petition seeks to vacate a portion of the 15 foot platted alleyway lying South of Lot 8, and North of Lot 9, of the Revised Plat of Crystal Beach, Section 35, Township 27 South, Range 15 East, Plat Book 7, Page 30, Pinellas County, Florida. The petitioner is the apparent owner of record of that portion of the plat that is requested to be vacated. 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 reviewed the subject area and determined the vacation would not have an adverse effect on the remaining easement area. Development Review Services has indicated that there is no need to seek a variance. Additionally, letters of no objection have been received from Bright House, Duke Energy Transmission and Distribution, Pinellas County Engineering and Technical Support, TECO Peoples Gas, TECO Electric and WOW!. The Petition was properly advertised in accordance with Florida Statute 336 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. Revised Page 1 of 2

2 Fiscal mpact/cost/revenue Summary: The owners have paid a $750 filing fee, including advertising cost. Exhibits/Attachments Attached: Contract Review Transmittal Petition to Vacate Notification List Resolution Location Map Revised Page 2 of 2

3 CONTRACT REVEW TRANSMTTAL SLP CATS# PROJECT: Carol Powers TYPE: Legislative Petition to Vacate a portion of a ROW Date: 7/18/2015 ESTMATED EXPENDTURE/REVENUE: $ (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 -~~'!,\(, Review Comments ncluded/ Addressed nitial & Date Real Est. Mgmt (Andrew Pupke) DE (Tom Farrand) 6/23/2015 Approved in CATS Legal (Chelsea Hardy) County Admin. (Paul Sacco) Release/Termination/ Amendment FS Vacation -- X FS /10/12- ROW X Advertisement to Board Records X Scheduled Board Date X Complies with Section 8 Real Estate Procedures Notification Please return to Real Estate Management Department, Real Property Division by : L.:2~0::.:1:.::.5 All inquiries should be made to CYNTHA HARRS at telephone extension or

4 SUBMTTED TO THE BOARD OF COUNTY COMMSSONERS OF PNELLAS COUNTY, FLORDA PETTON TO VACATE, PLAT OR PORTON OF PLAT (EASEMENT) Comes now your Petitioner, Carol Powers/Margo Powers 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 be vacated; 2) the vacation request herein will not cause injury 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 swear and/or affirm that the forgoing statements are true: ~&k~ R P RS STATE OF FLORDA COUNTY OF PNELLAS Sworn to (or affirmed) and subscribed before me this :?.'7 ~ day of Jt..<...L f 20 15, by Margo Powers. She is personally known to me, qr_ has eroduced --'l:>'""'"-"l..,_... identification, and who 4lf (did not) take an oath. CYNTHtA M HMR8 NOTARY...UC STATE of FLORDA NOTARY Cornlnt FfiOW SEAL EJCplret , L..8-.<.,A...;J,=a--=L~'...:::~::..c4=~~P as My Commission Expires: Commission Number:

5 Sketch of Description Sheet 1 of 2 Legal Description: THAT PART OF A 15.0 FEET PLATTED ALLEYWAY LYNG SOUTH OF LOT 8, BLOCK R, AND NORTH OF LOT 9, BLOCK R, OF THE "REVSED PLAT OF CRYSTAL BEACH" ACCORDNG TO THE PLAT THEREOF, AS RECORDED N PLAT BOOK 7, PAGE 30, PUBLC RECORDS OF PNELLAS COUNTY, FLORDA, BENG MORE PARTCULARLY DESCRBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 9, BLOCK R, OF THE "REVSED PLAT OF CRYSTAL BEACH" ACCORDNG TO THE PLAT THEREOF, AS RECORDED N PLAT BOOK 7, PAGE 30, PUBLC RECORDS OF PNELLAS COUNTY, FLORDA, THENCE RUN, ON AN ASSUMED BEARNG, N05 42'52"E ALONG THE WESTERLY RGHT OF WAY OF BROADUS STREEET, A DSTANCE OF FEET TO THE SOUTHEAST CORNER OF LOT 8, BLOCK R, OF SAD "REVSED PLAT OF CRYSTAL BEACH", THENCE LEAVNG THE WESTERLY RGHT OF WAY OF BROADUS STREET RUN S89 59'30"WALONG THE SOUTH LNE OF SAD LOT 8, BLOCK R, A DSTANCE OF TO THE PONT OF BEGNNNG, THENCE RUN S00 27'25"WA DSTANCE OF 5.50 FEET, THENCE RUN N89 59'30"W FEET, THENCE RUN N00 27'25"E 5.50 FEET, THENCE RUN N89 59'30"E FEET TO THE PONT OF BEGNNNG. SAD PARCEL CONTANS 95.1 SQ. FT.(MORE OR LESS) Reviewed by: _C.:..\\ ~"'''' oste: :-1- \~- ~S - - SFN #- ---SO\ - \..Vo'=\ - This is NOT a Survey. This is ONLY a Sketch. Flood Zone: X Community Number: 12103C Panel: 0059G Date: 09103/2003 C Ck CB CM Cone. D DE Esmt Calculated - Centerline - Concrete Block - Concrete Monument - Concrete - Description - Drainage Easement - Easement !F.E.M.A -F-:r~cy Sketch of Description Certified To: Carol Powers reland & Associates Surveying, nc S. nternational Parkway Suite 2001 Lake Mary, Florida 327~6 Office Fax FFE Fnd P - s- >Sketch is Based upon the Legal Description Supplied by Client >Abutting Properties Deeds have NOT been Researched lor Gaps, Overlaps and/or Hiatus. - >Subject to any Easements and/or Restrictions of Record. >~;n:l::~ s!:b'b-~ hereon, is Assumed and Based upon the Line 8 >Building Ties are NOT to be used to reconstruct Property lines >Fence Ownership is NOT detenmined. >Roof Overhang~ 1 Underground Utilities end/or Footers have NOT been located UNLESS otherwise noted. - >Septic Tanka ~rainf!eld locations are approximate and MUST be verified by appropriate Utility Location Companies. -- >Use of This Sketch for Purposes other than 1ntanded \Mihout Written Veriftcation, Will be at the Usar's Sole Risk ai1d \Mihout Liability to the Surveyor. Nothing Hereon shall be Construed to Give ANY Rights or Benefits to Anyone Other than those Certified. CNDflo: - Finished Floor Elevation -Found - ron Pipe - Length (Arc) -Measured -Nail & Disk -Non-Radial - otlicial Records Book - Plllt -Plat Book - Point of Curvature

6 Sketch of Description Sheet 2 of2 Screened Entry Two Story Concrete. esidence,., #505 : n fin'. ii"so; ~~~-~:~~Ls 1 50'(P) Lot 8 T --l, ::: ~~ ~~...,,. i 15' Platted Alleyway L3 "DETAL" Lot 11 Lots 50' 1 Lo\10 Lot7 f/ ~ Lot9 1 ~~ j _/ 50'(P) j' ~ -~ ~-~ 1~2~ iti' /cncrcr ~'s.sf~ /~,roc.~ :;;1~,8~:5. an; ;:...J 1(/)_"~/:Y 1 :5: i if u Q._,;_~--... / Po:t of j Beginning ~«>,L. (\jo ~ f i /,point of g / Commencement il!!"! 1 NE Comer of - 1 Lot 9,! 1 N s Bearings Are Assumed NTS Line Table L 1 - SB9"59'30"W 23.31' l2 - S00"27'25"W 5.50' l3- N89"59'30''W 17.30' L4 - N00"27'25"E 5.50' L5 - N89"59'30"E 17.30' _ reland & Associates Surveying, nc S. nternational Parkway Suite 2001 Lake Mary, Florida Office Fax This is NOT a Survey. This is ONLY a Sketch.

7 PROPERTY OWNER COURTESY NOTFCATON LST FOR FLE #1484 PETTONER CAROL POWERS 505 BROADUS STREET CRYSTAL BEACH, FLORDA ADJACENT PROPERTY OWNERS NOTFCATON LETTER SENT TO THESE OWNERS BY THE CLERK OF THE CRCUT COURT- BCC RECORDS DVSON REAL PROPERTY DVSON ATTN: CYNTDA M. HARRS 509 EAST AVENUES CLEARWATER, FL POWERS, CAROL PO BOX 124 CRYSTAL BEACH, FL OZONA PROPERTES LLP AUTOMOBLE BLVD CLEARWATER, FL PETERSON, DOROTHY J PO BOX 791 CRYSTAL BEACH, FL MC ARDLE, WLLAM D MCARDLE, KARN E PO BOX 1132 CRYSTAL BEACH, FL CARPENTER, ROSE MARE PO BOX 78 CRYSTAL BEACH, FL CRADCK TRUST CRADCK, GARY H TRE PO BOX 642 CRYSTAL BEACH, FL CLOSE, DAVD 0 CREDT SHELTER TR CLOSE, MARY M TRE 930 YOSEMTE LN LNCOLN, CA WRGHT, CHRSTOPHER T WRGHT, RON S PO BOX 585 CRYSTAL BEACH, FL NEAL, PATRCA A NEAL, WLLAM R PO BOX 271 CRYSTAL BEACH, FL HARRS, JACKSON C HARRS, JEANE C PO BOX493 CRYSTAL BEACH, FL TON KNG, JOHN PO BOX 339 CRYSTAL BEACH, FL VAN NOSTRAN, ROY PO BOX415 CRYSTAL BEACH, FL ESTES, KAREN A DECARE, M JOANNE TH ST PNELLAS PARK, FL BAY AREA HOLDNGS 13 LLC US HGHWAY 19 STE E CLEARWATER, FL GOLDSTEN, P D SABOURN 108 ANNWOOD RD PALM HARBOR, FL NAUMANN, LZA B PO BOX 725 CRYSTAL BEACH, FL RAMREZ, MCHAEL RAMREZ, DEBORAH RAE PO BOX 912 CRYSTAL BEACH, FL BAUTEL, BRENT A BAUTEL, PATRCA K PO BOX 784 CRYSTAL BEACH, FL ROSS, CHARLENE PO BOX 213 CRYSTAL BEACH, FL OSBORNE, GARY T OSBORNE, CYNTHA M PO BOX 794 CRYSTAL BEACH, FL

8 GULKS RREVOCABLE FAMLY TRUST GULKS, DANEL ALEC TRE DRAFTHORSE LN WELLNGTON, FL SAUSSY, CHARLES R PO BOX 98 CRYSTAL BEACH, FL FEDECHENA, JOHN JR PO BOX 321 CRYSTAL BEACH, FL CONGDON, BRADLEY CONGDON, KATHERNE 1027 CHLLUM CT SMTH, GREGORY C PO BOX 506 CRYSTAL BEACH, FL TERNO, BRADFORD F 400 BROADUS CRYSTAL BEACH, FL SAFETY HARBOR, FL YANETRUOC LTD PO BOX472 GRAND CAYMAN KY1-1106, CAYMAN SLANDS ST ARNOLD, BRAN PO BOX 632 CRYSTAL BEACH, FL SMTH, JASON PO BOX 907 CRYSTAL BEACJ, FL FGUEREDO, VRGL 47 PERKNS AVE MALDEN, MA SCHNEDER, MCHAELL SCHNEDER, CAROL A 361 PARK RD DNGMANS FERRY, PA FLOWERS, MELNDA G PO BOX0544 CRYSTAL BEACH, FL

9 RESOLUTON NO.. RESOLUTON VACATNG A PORTON OF THE FFTEEN FOOT PLATTED ALLEYWAY LYNG SOUTH OF LOT 8, BLOCK R AND NORTH OF LOT 9, BLOCK R OF THE REVSED PLAT OF CRYSTAL BEACH, SECON 35, TOWNSHP 27 SOUTH, RANGE 15 EAST, N PLAT BOOK 7, PAGE 30 OF THE PUBLC RECORDS OF PNELLAS COUNTY. WHEREAS, Carol Powers has 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 Petitioner is the apparent owner of record of the portion of the plat requested to be vacated, and has 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 Petitioner has shown that the requested vacation will not cause injury to surrounding property owners; and NOW, THEREFORE, BE T RESOLVED by the Board of County Commissioners of Pinellas County, Florida, in regular session duly assembled on this day of -----' 20_, that the above described property and plat be, and the same are

10 hereby vacated, insofar as this Board of County Commissioners has the authority to do so, pursuant to , 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: APPROVED AS TO FORM OFFCE OF COUNTY ATTORNEY BY --~O~ ----

11 Sketch of Description Sheet 1 of 2 Legal Description: THAT PART OF A 15.0 FEET PLATTED ALLEYWAY LYNG SOUTH OF LOT 8, BLOCK R, AND NORTH OF LOT 9, BLOCK R, OF THE "REVSED PLAT OF CRYSTAL BEACH" ACCORDNG TO THE PLAT THEREOF, AS RECORDED N PLAT BOOK 7, PAGE 30, PUBLC RECORDS OF PNELLAS COUNTY, FLORDA, BENG MORE PARTCULARLY DESCRBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 9, BLOCK R, OF THE "REVSED PLAT OF CRYSTAL BEACH" ACCORDNG TO THE PLAT THEREOF, AS RECORDED N PLAT BOOK 7, PAGE 30, PUBLC RECORDS OF PNELLAS COUNTY, FLORDA, THENCE RUN, ON AN ASSUMED BEARNG, N05 42'52"E ALONG THE WESTERLY RGHT OF WAY OF BROADUS STREEET, A DSTANCE OF FEET TO THE SOUTHEAST CORNER OF LOT 8, BLOCK R, OF SAD "REVSED PLAT OF CRYSTAL BEACH", THENCE LEAVNG THE WESTERLY RGHT OF WAY OF BROADUS STREET RUN S89 59'30"WALONG THE SOUTH LNE OF SAD LOT 8, BLOCK R, A DSTANCE OF TO THE PONT OF BEGNNNG, THENCE RUN S00 27'25"WA DSTANCE OF 5.50 FEET, THENCE RUN N89 59'30"W FEET, THENCE RUN N00 27'25"E 5.50 FEET, THENCE RUN N89 59'30"E FEET TO THE PONT OF BEGNNNG. SAD PARCEL CONTANS 95.1 SQ. FT.(MORE OR LESS) Reviewed by: C.:...\\ ~... Date:---='~-~' 4..;::.:;...-,...,...,s... SFN#_ Su\- \~?>1:.\ - This is NOT a Survey. This is ONLY a Sketch. Sketch of Description Certified To: Carol Powers reland & Associates Surveying, nc S. nternational Parkway Suite 2001 Lake Mary, Florida 327~6 Office Fax Flood Zone: X Community Number: 12103C Panel: 0059 G Date: es- >Sketch is Based upon the Legal Description Supplied by Client. >Abulling Properties Deeds have NOT been Res&archad for Gaps Overlaps aoo/or Hiatus. - >Subject to any Easements and/or Restrictions of Record. >~:::,.r~l:s: :t.;.r hereon. is Assumed and Based upon the Line >Building Ties are~ to be used to reconslrucl Property Lines >Fence OWnership is l!q determined. c 8e CM Cone D DE -Legend- PC - Point of Curvature ~f : ~~ ollntar&ection P.O.B. Point of Beginning P.O.L- Point on Une PP - Power Pole PRM - Permanent Reference Monument r : ~=!Tangency Rad. -Radial ~ =~=-~ap Rid. - Rocfecl Set - Set \'1" Rebar & R- Cap "LB 7623" ~- :~Easement 11M -WerMeter 1:>. - Della (Central Angle) --Fanca -X- - Ctwin Unk Fence

12 Sketch of Description Sheet 2 of2 0.59' -----,r---50'(p) --l :5 ~~~~%[~~~~~1~M1Mftil ~ 15' Platted Alleyway L3 "DETAL" LotS BlockR 0.50' ~ -~ ~.~ 1~2'0 ;c -' Cl)." > ~ ;: 1 ~ /c:nlrlr :,!!: ::J,g _., Lot7 LotB /~ ~~ l :;: e 1l ~ 1 ~ [; -; l i; co! "'.-----~._.. Block#R=ence 1 J ~ 1 1 ll Two Story Concrete /l SW Comer of... s 89.59'30" w 50.00' Point of Lots.~~~ j -~~l Sf LNCs LOT~ ~54. 6, Beginning, fl::- :51 f:j L1 T~ 15 Platted Allevway r_, :8 L 3 <"' (Unrnprovld) ;:t!!? ~8,L' NW Co~;;:-;;-r :g N:-LNETO't K:'t!!? J Lot 10, B~ R c:n N 89.59'30" E 50.00' o 1 :z Lot 11 Lot 10 Lot 9 j Point of 8 Commencement ~ 1 NE Comer of ; 1 Lot 9, ~ N s Bearings Are Assumed NTS ~/ L / 50'(P) J ~ Line Table L 1 - S89"59'30''W 23.31' L2-500"2T25"W 5.50' L3- NS9.59'30''W 17.30' L4 - N00"2T25"E 5.50' L5 - N89"59'30"E 17.30' reland & Associates Surveying, nc S. nternational Parkway Suite 2001 Lake Mary, Florida X: Office Fax This is NOT a Survey. This is ONLY a Sketch.:.)

13 Petition to Vacate File No.: 1484 N! Map & Subject(s) are Reference Only NOT TO SCALE Pinellas County Real Estate Management Real Property Division