b Public Quasi-Judicial Petition to Vacate a Portion of an Easement

Transcription

1 Consent Agenda County Administrator's Sianature: /& DATE: October 12,2010 AGENDA ITEM NO. b Public Subject: Quasi-Judicial Petition to Vacate a Portion of an Easement Submitted By: Deborah L.H. Fuhr and Paul R. Fuhr Property Address: 5921 Windermere Drive Palm Harbor, Florida File No.: 1375 Department: Real Estate Management Staff Member Responsible: Paul S. Sacco, Director Recommended Action: I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BCC) ACCEPT THE PETITION TO VACATE, ADOPT THE AlTACHED RESOLUTION PURSUANT TO FLORIDA STATUTE , AND ALlTHORlZE THE CLERK TO RECORD THE RESOLUTION IN THE PUBLIC RECORDS OF PINELLAS COUNTY. Summarv ExplanationlBackaround: This petition to vacate a portion of a drainage easement on Lot 12, Glenridge East Subdivision, is associated with the owners' desire to clear the existing encroachment created by the pool enclosure and deck. 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. Building Development Review Services has not indicated the need to seek a variance. Additionally, Letters of No Objection have been received from Bright House, Glenridge East Homeowner's Association, Glenridge East Homeowner's Association Maintenance Entity, Knology, Pinellas County Utilities, Progress Energy (Distribution), Progress Energy (Transmission), and Verizon. 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. Revised Page 1 of 2

2 Fiscal ImpactlCostlRevenue Summaw: The owner has paid a $690 filing fee, plus advertising cost of $60. ExhibitslAttachments Attached: Petition to Vacate Notification List Resolution Location Map Revised Page 2 of 2

3 CONTRACT REVIEW TRANSMITTAL SLIP CATS # PROJECT: Deborah and Paul Fuhr TYPE: Quasi-Judicial Petition to Vacate a Portion of an Easement Date: 7/7/2010 ESTIMATED EXPENDITURE $ (Circle appropriate choice above.) In 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 andor suggested changes directlv upon the document itself in RED INK. 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 Review Review Signature Comments Included/Addressed Initial & Date Real Property Div. (James Meloy) -- Real Est. Mgmt (Paul Sacco) - Legal (Michael Zas) County Admin. (Mark Woodard) Release/Termination/Arnendment - X - FS Vacation - - FS /10/12 - ROW - X - Advertisement to Board Records X Scheduled Board Date - OCT 12, LO~O Please return to Real Estate Management Department, Real Property Division by,2010 All inquiries should be made to CYNTHIA HARRIS at telephone extension or

4 SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA PETITION TO VACATE, PLAT OR PORTION OF PLAT (EASEMENT) Comes now your Petitioners, Paul R, Fuhr and Deborah L.H. Name of Petitioners and respectfilly 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: I) 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. 1 hereby swear and/or affirm that the forgoing statements are true: Paul R. Fuhr I hereby swear andor affirm the forgoin te ents are true: W L / ~ L 1 b o r a h L. H. Fuhr STATE OF FLORIDA COUNTY OF PPNELLAS Sworn to (or affirmed) and subscribed before me this day of J J L'I, 20 L3 9 by Paul R. Fuhr and Deborah L. H. Fuhr. HeIShe is personallv ~UOWJI to me, or has produced as identification, and who did (did not) take an oath. NOTARY Print Name fj cb14 sqgcffe7, My Commission Expires: 3 4d of, 23 I 3 Commission Number:

5 SKETCH & LEGAL DESCRIPTION A PORTION OF A 10' DRAINAGE EASEMENT ON LOT 12 TO BE VACATED GLENRIDGE EAST PINELLAS COUNTY, FLORIDA. PREPARED FOR & CERTlFlED TO: PAUL & DEBORAH FUHR..: SKETCH ONLY A SURVEY.._ '-..'. DETAIL: (NOT TO SCALE)... BEARING BASIS: UNDERGROUND FOOTER. STEM WALL. AND UNDERGROUND UTILITIES ARE NOT LOCATED OR SHOWN. ' PLAT LOT 12 GLENRIDGE EAST BOOK 97. PAGE NOTE: PORTION TO BE VACAlED j - c; 6 NATURAL m (0 g N. N: 0 m m '4 - TRACT "A" : 1 2 AREA DESCRIPTION:, : LEGAL DESCRIPTION 'JOHN R. BEACH & 02/09/2010 WRITTEN BY ASSlCl ATES '... '......,... A POR~ON OF A 10 FOOT DRAINAGE EASEMENT ON LOT 12 TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 12, MAP OR PLAT ENTITLED "GLENRIDGE EAST". AS RECORDED IN PLAT BOOK 97 PAGES 69 THROUGH 72, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. COMMENCING (P.O.C.) AT A FIR 1/2" NO ID AT THE NORTHEAST PROPERTY CORNER OF SAlD LOT 12 OF "GLENRIDGE EAST" CONTINUING ALONG EASTERLY PLATTED BOUNDARY LlNE OF LOT 12 BEING SOUTH 29'41'31" WEST, FEET, TO A FIR 1/2" #1824. THENCE LEAVING SAID BOUNDARY LlNE SOUTH 27'05'01" WEST A DISTANCE OF FEET TO THE NORTHEAST CORNER OF THE BRICK PAVER POOL AREA BEING THE POINT OF BEGINNING (P.O.B.). THENCE SOUTH 09'16'01 WEST A DISTANCE OF FEET. THENCE SOUTH 80'43'59" EAST A DISTANCE OF 5.80 FEET. THENCE SOUTH 09'16'01" WEST A DISTANCE OF FEET. THENCE NORTH 02'33'22" WEST A DISTANCE OF FEET ALONG A WESTERLY BOUNDARY LINE OF A PLATTEG FOOT DRAINAGE EASEMENT. THENCE LEAVING THE WESTERLY LlNE OF SAID FOOT DRAINAGE EASEMENT SOUTH 80'43'59" EAST A DISTANCE OF 2.95 FEET TO THE POINT OF BEGINNING. CONTAINING 121 k SQUARE FEET. APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO C 0081 G EFFECTIVE DATE: 9/3/2003 'roject Number: (square Feet: i IF: \MORTGAGE SURVEYS\28898\28898.~~G ] SHEET 1 OF 1 C)= CALCULATED DATA. (D)= DEED DATA. (M)= MEASURED DATA. (PI= PLAT DATA. $ = CENTERLINE. A/C= AIR CONDITIONER. B/C= BACK OF CURB. C/S= :ONCRETE SLAB. CH= CHORD, CHB= CHORD BEARING. CLF= CHAIN LINK FENCE. CONC= CONCRETE. COV.= COVERED. E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT /C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT. FIP= FOUND IRON PIPE. FIR= FOUND IRON ROD. FN&D= FOUND NAlL & DISK. FPP= FOUND PINCHE: 'IPE. LFE= LOWEST FLOOR ELEVATION. MAS.= MASONRY, OR= OFFICIAL RECORD BOOK. PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT. PRM= PERMANEN1!EFERENCE MONUMENT, R/W= RIGHT OF WAY. R= RADIUS, SIRSET 1/2- IRON ROD & CAP No SN&D= SET NAlL & DISK, TBM= TEMPORARY BENCHMARK vp= UTILITY POLE. W/F= WOOD FENCE Drown By. n JOHN R. BEACH & ASSOCIATES. INC.,.L, I Lfi un SURVEYORS AND MAPPERS Checked By. 911 WEST ST. PETERSBURG DRIVE JRB OLDSMAR. FLORIDA IVA Y (813) FAX (813) Scole: NOT TO SCALE OT VALID WlTHOUT THE SIG HE ORIGINAL RAISED SEAL 0 ICENSED SURVEYOR AND MAPPER #LORIOA\EG. LAND SUR~~EYOR NO ievisions: REVlSED PER SHEET SIZE & LAYOUT 4/28/10 JBS. REVISED PER COUNTY COM REVISED 06/03/201 C RTM /

6 PROPERTY OWNER NOTIFICATION LIST FOR FILE #I375 DEBORAH L.H. FUHR PAUL R. FUHR 5921 WINDERMERE DRNE PALM HARBOR, FLORIDA PETITIONER ADJACENT PROPERTY OWNERS NOTIFICATION LETTER SENT TO THESE OWNERS BY THE CLERK OF THE CIRCUIT COURT - BCC RECORDS DIVISION MC CORD, JOHN SPATH, DEAN J SALANCO, JEFFREY A MC CORD, MARIE SPATH, BARBARA R SALANCO, ANDREA B 5837 WINDERMERE DR 3279 ROXMERE DR 5873 WINDERMERE DR PALM HARBOR, FL PALM HARBOR, FL PALM HARBOR, FL SCHUCK, RONALD G FREY, JUERGEN 5905 WINDERMERE DR 5929 WINDERMERE DR PALM HARBOR, FL PALM HARBOR, FL RIDGEMOOR MSTER ASS0 INC C/O MELROSE-SOVEREIGN CO ATTN DEE DEE RODRIGUEZ PALM HARBOR BLVD PALM HARBOR, FL MOSCHBERGER, FRANKLIN G REAL PROPERTY DIVISION VARGAS, ANGEL E MOSCHBERGER, MARGUERITE ATTN: MELoY VARGAS, GLADYS ROXMERE DR 509 EAST AVENUE S 5849 WINDERMERE DR PALM HARBOR, FL CLEARWATER, FL PALM HARBOR, FI, BERNDT, MARILYN L WILLIAMS, KENNETH R CUOMO, JAMES A WUTHNOW, DOROTHY M WILLIAMS, MARLENE CUOMO, SHANNON BONAFEDE 5885 WINDERMERE DR 5897 WINDERMERE DR 5913 WINDERMERE DR PALM HARBOR, FL PALM HARBOR, FL PALM HARBOR, FL HERRING, JAMES D HERRING, CLAUDIA WINDERMERE DR PALM HARBOR, FL BOUDREAU, DANIEL J BOUDREAU, OLGA 5892 HAWKS CORNER PALM HARBOR, FL HUGHES, RONALD B 5861 WINDERMERE DR PALM HARBOR, FL CRAWFORD, JOHN A CRAWFORD, KRISTA M 5884 WINDEMERE DR PALM HARBOR, FL FLYNT, JASON W FLYNT, HAZMIN A 3261 ROXMERE DR PALMHARBOR, FL DUMAS, MICHAEL FALDU'TI, WILLIAM F DUMAS, FAYE FALDU'TI, NIKKI 5860 WINDERMERE DR 5924 WINDERMERE DR PALM HARBOR, FL PALM HARBOR, FL GLENRIDGE EAST HOM ASSN C/O SENTRY MTG INC US HWY 19 N STE 164 CLEARWATER, FL

7 RESOLUTION NO. RESOLUTION VACATING A PORTION OF AN EASEMENT IN LOT 12, GLENRIDGE EAST SUBDIVISION, LOCATED IN SECTION 35, TOWNSHIP 27 SOUTH, RANGE 16 EAST, AS RECORDED IN PLAT BOOK 97, PAGES 69 THROUGH 72, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. WHEREAS, Deborah L.H. Fuhr and Paul R. Fuhr, petitioned this Board of County Commissioners to vacate the following described property: Lands described in legal description attached hereto as Exhibit "A" 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 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 WHEREAS, the Publisher's Affidavit, showing compliance with the notice requirements of Chapter of the Florida Statutes, has been received by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County, Florida, in regular session duly assembled on

8 this day of, 2 0, that the described property in the legal description attached hereto as Exhibit "A" and plat be, and the same are hereby vacated insofar as this Board of County Commissioners has the authority to do so. BE IT FURTHER RESOLVED that this resolution and the proof of publication of the notice of public hearing, 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 VOTING:

9 APPROVED AS 1-0 FOd&\i, OFFICE OF COUNTY ATTORNEY By: fib Attorney

10 I SKETCH ONLY SKETCH & LEGAL DESCRIPTlON A SURVEY A PORTION OF A 10' DRAINAGE EASEMENT ON LOT 12 TO BE VACATED GLENRIDGE EAST PINELLAS COUNTY, FLORIDA. PREPARED FOR & CERTlFIED TO: PAUL & DEBORAH FUHR DETAIL: (NOT TO SCALE) SEC. 35, TWP. 27 S, RNG. 16 E. BEARING BASIS: NORTHERLY LOT LlNE OF LOT 12 BEING N 89.51'31" UNDERGROUND FOOTER. STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR SHOWN. E : PLAT LOT 12 GLENRIDGE EAST BOOK 97, PAGE S 80.43'59" E ORTION TO BE VACATED i. : LEGAL DESCRIPTION 'JOHN R. BEACH & 02/09/2010 WRITTEN BY ASSlCl ATES DESCRIPTION: A PORTION OF A 10 FOOT DRAINAGE EASEMENT ON LOT 12 TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 12, MAP OR PLAT ENTITLED "GLENRIDGE EAST", AS RECORDED IN PLAT BOOK 97 PAGES 69 THROUGH 72, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. COMMENCING (P.o.c.) AT A FIR 1/2" NO ID AT THE NORTHEAST PROPERTY CORNER OF SAID LOT 12 OF "GLENRIDGE EAST" CONTINUING ALONG EASTERLY PLATTED BOUNDARY LINE OF LOT 12 BEING SOUTH 29'41'31" WEST, FEET. TO A FIR 1/2" #1824. THENCE LEAVING SAID BOUNDARY LlNE SOUTH 27'05'01" WEST A DISTANCE OF FEET TO THE NORTHEAST CORNER OF THE BRICK PAVER POOL AREA BEING THE POINT OF BEGINNING (P.O.B.). THENCE SOUTH 09'16'01 WEST A DISTANCE OF FEET. THENCE SOUTH 80'43'59" EAST A DISTANCE OF 5.80 FEET. THENCE SOUTH 09'16'01" WEST A DISTANCE OF FEET. THENCE NORTH 02'33'22" WEST A DISTANCE OF FEET ALONG A WESTERLY BOUNDARY LlNE OF A PLATTED FOOT DRAINAGE EASEMENT. THENCE LEAVING THE WESTERLY LlNE OF SAID FOOT DRAINAGE EASEMENT SOUTH 80'43'59" EAST A DISTANCE OF 2.95 FEET TO M E POINT OF BEGINNING. CONTAINING 121 f SQUARE FEET. APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO C 0081 G EFFECTIVE DATE: 9/3/2003 Project Number: Square Feet: f F: \MORTGAGE SURVEYS\28898\28898.DWG SHEET 1 OF 1 LEGEND: (C)= CALCULATED DATA, (D)= DEED DATA, (M)= MEASURED DATA, (P)= PLAT DATA, e = CENTERLINE. A/C= AIR CONDITIONER. B/C= BACK OF CURB. C/S= CONCRETE SLAB, CH= CHORD. CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE. COV.= COVERED. E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT F/C= FENCE CORNER. FCM= FOUND CONCRETE MONUMENT. FIP= FOUND IRON PIPE. FIR= FOUND IRON ROD. FN&D= FOUND NAlL & DISK, FPP= FOUND PlNCHEl PIPE. LFE= LOWEST FLOOR ELEVATION. MAS.= MASONRY. OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT. PRM= PERMANEN- REFERENCE MONUMENT. R/W= RIGHT OF WAY. R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No SN&D= SET NAlL & DISK. TBM= TEMPORARY BENCHMARK U/P= UTILITY POLE. W/F= WOOD FENCE tb Drawn By: JOHN R. BEACH & ASSOCIATES, INC. GH SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ONE OLDSMAR, FLORIDA JRB WAY (813) FAX (813) NOT VALID WITHOUT THE SIGNATURE AND Date of Survey: THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Revisions: REUSED PER SHEET SIZE & LAYOUT 4/28/10 JBS.

11 Petition to Vacate File No.: 1375 Map gt SubjMs) are for Reference only NOT TO SCALE Pinellas County Real Estate Management Real Property Division