BOARD OF COUNTY COMMISSIONERS DATE: June 17,2008 AGENDA ITEM NO.

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1 BOARD OF COUNTY COMMISSIONERS DATE: June 17,2008 AGENDA ITEM NO. Consent Agenda J Regular Agenda Public Hearing wnlv Administrator's Sicmature:& kx.- Subiiect: Petition to Vacate: Submitted by Brian L. Anderson and Adriana L. Anderson, for a Portion of a Private Drainage and Public Utility, Upland Preservation Area and Conservation Easement Property Address: Vacant Lot 14 Clearwater, Florida File No.: 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 ATTACHED RESOLUTION, AND AUTHORIZE THE CLERK TO RECORD THE RESOLUTION IN THE PUBLIC RECORDS OF PINELLAS COUNTY. Summaw ExplanationlBackaround: This petition to vacate a portion of a private drainage and public utility, upland preservation area and conservation easement on Lot 14, Coachman Hill Preserve Subdivision, is associated with the owners' intention to construct a new home. New easements have been obtained to replace the vacated easement areas. The petitioners are the fee simple title holders 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. Appropriafe staff members reviewed the subject area and determined the vacation would not have an adverse effect on the remaining easement area. Additionally, Letters of No Objection have been received from Bright House, Clearwater Gas System, Coachman Hill Preserve Homeowners Association, Inc., Knology, Pinellas County Utilities, Progress Energy (Distribution), Progress Energy (Transmission), TECO, ahd Verizon. Notice was mailed by the Clerk of the Court to all adjacent property owners, in accordance with Florida Statute requirements. The Deputy Clerk will report any citizen support or opposition to the BCC. Fiscal Bm~acUCosURevenue Summary: The owners have paid a $500 filing fee. Revised Page l of 2

2 ExhibitslAttachments Attached: Petition to Vacate Letters of No Objection Notification List Resolution Location Map Revised Page 2 of 2

3 S m m D TO BOARD.OF@OUNT"U COMMISSIONERS OF PINELLAS COUNTY, PETITION TO VACATE. PLAT OR PORTION OF PLAT (EASEMINT) Comes now your Petitioneri, Brian and Adriana Anderson 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 petitioners represent that: 1) the petitioners 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 obers, 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. oing statements are true: Brkh L. Anderson -, I hereby swear andlor aferm that the forgoing statements are true: Adriana L. Anderson STATE OF FLORIDA COUNTY OF PINEW (did not) take an oath. My Commission Expires: Commission Number:

4 15' WIDE PUBLIC UTILITY EASEMENT NORTH BOUND OF EASEMENT S.O0"10'4O"W..O.B. = POINT OF BEGINNING #LE U.S. HIGHWAY 19 M. CLEaRWATER, FLORIDA BOUNMRY PUN AND DESCRIPTION

5 SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST Description: A portion of Lot 14, COACHMAN HILL PRESERVE, as recorded in Plat Book 121, Pages 92 and 93 of the Public Records of Pinellas County, Florida, being described as follows: Commence at the northwest comer of said Lot 14 and run S.00a10140"W., along the west boundary line of said Lot 14, feet; thence, leaving said west boundary line, N.8Ia39'01"E., along the north boundary line of the private drainage and public utility, upland preservation area and conservation easement as shown on said plat of COACHMAN HILL PRESERVE, feet; thence S.75"40154"E., along said north boundary line, feet for a Point of Beginning; thence, continue, S.75a40'5411E., along said north boundary line, feet; thence S.5I "E., along said north boundary line, feet; thence, leaving said north boundary line, S.4Oo00'28"W., feet thence S.56"45'14"W feet; thence S.86"57'27"W., 5.00 feet; thence N.6I005'32"W., 5.00 feet; thence N.42O24'35"W feet; thence N.25"38'19"W., 5.00 feet; thence N.04 10'17"E., 5.00 feet;.thence N.34'Q4'01"E., 7.00 feet; thence N.OO"OOIOO"E., feet; thence N.I9"37'54"W., feet to the Point of Beginning. Containing 2,764 square feet or acres more or less. COACHMAN Hlll EMENT VACAnON EXHIBIT PINELM COUMY BOUNDARY PMN AND DESCRIPTION I

6 700 Carillon Parkway, Suite 6 St. Petersburg, FL ,. I -I,.-A..., '. bright i, house --.! WETWORKS Date Re: Alligator Creek Rd. Partial vacation and swap of drainage easement Dear Michael: Thank you for advising us of subject proposed project/ vacation/ adjustment. XX Bright House has no objection. SEE NOTES. Bright House has no objections provided easements for our facilities are granted or retained as shown on the attached drawing. Bright House has no objectiong provided applicant bears the expense for relocation of any Bright House facilities to maintain service to customers affected by the proposed vacation. > - In order to properly evaluate this request, Bright House will need detailed plans of facilities proposed for subject areas. Bright House has facilities within this area, which may conflict with subject project please call one call l~cating. SEE NOTES - Bright House requires 30 days written notice prior to construction start date to relocate their facilities. please refer.anj fi.n&?r ~onei+pogdedce imd pxe-constmction ri~wtiag +ti-.. W. Siott rea as^ ' at (727) I. be5 td:. NOTES: No Objection. bi ~ield ~n~ineer Bright house Networks

7 arwater Gas System Providing Se~1.68 since 1923 October 1,2007 Lloveras, Baur and Stevens U.S. Hwy. 19 N. Clearwater, FL Attn.: Michael S. Lloveras, PE, PSM, AICP RE: LETTER OF NO OBJECTION: Lots 14 and 15, Coachman Hill Preserve, Pinellas County$ FL To whom it may concern: The Clearwata Gas System, Has no objection with your proposed: Vacation and Swap of Easement.. Plat Construction Other El Maintains fkilities within the area. One of the following conditions must be met prior to the release of a "No Objection" letter: A. The owner/developer must reimburse The Clearwater Gas System for all cost incurred by relocation of our ikcilities. B. A utility easement must be platted to encompass existing facilities. [7 Please contact "SUNSm ONE CALL," at (1-800) at least 72 hours prior to construction for a location of our facilities. Your cooperation with this office is greatly appreciated. If you have any questions, please contact me at phone ( Ext. 7425, or Fax (727) sincerely, ZG-- * Chris Hunter Engineering Tech. Adrninistrathre Offices & South Area Service Center 400 North MyrUe Avenue * Clearwater, FL PO Box 4748 Cle~ater~ R * Fax (727) AN EQUAL OPPORTUNITY AND &FlRMATNE ~CTION EMPLOYER w.deanvatergas..oom

8 Mr. Michael S. Lloveras, PE, PSM, ATCP Lloveras, Baur and Stevens U.S. J%gbway 19 No& Clearwater, Florida Re: Petition to Vacate Partial Vacation and Swap of Private Drainage, Public Utility and Conservation Easement Part of Lots 14 and 15, Coat- Kill Preserve Section 7, Tomhip 29 South, Range 19 East Pinellas Comdy, Florida Dear Mr. Llov~: r As requested, this letter will ofkially co- the ht thal: the Coachman Hill Preserve Homeowners Association, Inc. has no objection to the captioned easement adjustments on Lots 14 and 15. Please do not hesitate to contact me if you have any questions or ifyou need any additional Xormation. Sincerely, COACHMAN HILL PRESERVE HOMEOWNERS ASSOCIATION, INC. K&ileen P. Soe, President

9 Telephone Cable TV Internet Michael S. Lloveras, PE, PSM, AlCP Uoveras, Baur and Stevens US W 19 N. Cleawater, FL Date: September 17,2007 Re: Petition to vacate the easement within LOT 44, COACHW HILL PRESERVE as described in the attached exhibitfdescription and subsequently replace an easement within LOT 14 & IS, COACHW HILL PRESERVE as described in the attached exhibit/description. Dear Michael S. Lloveras: Thank you for advising us of the proposed petition to vacate and replace easement. -- Knology Broadband of F[,orida, Inc. has no objectiodconflict. - In order to properly evaluate this request, Knology Broadband of Florida, Inc. will need detailed plans of facilities proposed for the subject area. - Knology Broadband of Florida, Inc. has facilities within this area which may conflict with the subject request. Knology Broadband of Florida, Inc. has no objedions provided easements for our facilities are granted or applicant bears the expense for relocation of any Knology Broadband of Florida, Inc. facilities to maintain service to customers affected by the proposed vacation. Please refer any further correspondence and pre-con3ruction meeting notices to: Notes: Knology Broadband of Florida, Ins. Jay Young Lead Field Support Technician 3001 Gandy Blvd. RI. Pinellas Park, FL Lead Field Support Technician Knology Broadband of Florida, Inc. (727) Office (727) Cell KBF FORM 'B' / Gandy Boulevard North Pinellas Park, FL

10 BOARD OF COUNTY COMMISSIONERS Ronnie E. Duncan - Chairman Robert B. Stewart -Vice Chainnan Calvin D. Hanis Susan Latvala John Morronf Karen Williams Seel Kenneth T. Welch Mr- Michael S. Lloveras, PE, PSM, AICP LLOVERAS, BAUR AND STEVENS U.S. Hwy 19 North Clearwater FL :.i,.. Re: Petition to Vacate Partial Vacation and Swap of Private Draiuage and Public Utility and Consdon Easement. Part of Lots 14 and 15, Coach Hill Preserve., Section 7, Township 15, Range 16 East Pinellas County, Florida Dear Mr. Lloveras: We received your request for a letter of "No Objectionf' to the above referenced Petition to Vacate dated Pinellas County Utilities has no lines within the described easements and therefore no objection to their ' d o n or swap. Coachman Hill Preserve Subdivision: Eies within the City of Clearwater's service areas for water and sewer. Sincerely, PINELLAS COUNTYUTlLITIES.,.I ~:C~~fClezn~@~,Utilitie~.E~&g... l i.....,.,..'..s. : I~'s!.F~.- PLEASE ADDRESS REPLY TO: ~ariison avenue Clearwater, Florida : ~ ~ C \ v ~ R e q d w l B ~ m ~ d o o Phone: (727) FAX: (727) Website:

11 October 8,2007 Lloveras, Baur and Stevens U.S. Hwy. 19 North Clearwater, l?l Attn: Michael S. Lloveras, PE, PSM, MCP Re: Partial Vacation of Private Drainage and Public Utility Parcel I.D.# 07/29/16/19840/000/0140 Dear Nlr. Lloveras: Please be advised that Progress Energy Florida, Inc. has &no objection" to the vacation of easement located on the property described as follows: Lots 14, Coachman Hill Preserve, Plat Book 121,'~a~es 92 and 93 according to the Public Records of Seminole C o ~ Florida,, beiag described as follows: Please contact me at if I may be of any fbr&er assistance. Sincerely, Land Agent Distribution Right-of Way-Florida 3300 Exchange Place Lake Mary o Florida o Telephone (407) Q Facainile ((407) A morida Progress Comp~ompa92y

12 Progress Energy Lloveras, Baur-and Stevens Michael S. Lloveras U.S. Hwy 19 North Clearwater, Florida RE: Vacation and Replacement ofeasement Lot 14 Coachman Preservey 07-29s-IdEy fiefis Court@ Dear Mz. Lloveras: Please be advised that Horida Power Corporation d/b/a Progress Energy Florida Inc. (PEF) does not have any transmission facilities within this right-of-way. Transmission Eogmeering has NO OBJE(JI?ON to the vacation and abandonment of that portion of the easement on lot 14 as khhghted and depicted on the attached Exhibit "A". This vacation and abandonment is contingent upon receipt of a separate letter of approval &om PEFs Disttibution Department Should you have any questions concerning the letter from the Distribution department, please contact Jac* Brochman at (4-07) If fuxther assistance is needed from Transmission Line weering, please call me at (407) Sincerely, PROGRESS ENERGY FLORIDA, INC. ( Sr. Acquisition Agent Transmission Line Eqmeering Date: ', :......, ?:.,:7,:-.:;..: <:..-. :>.,.:..?..,...<...*$-:..,,.. h.'. -...: ,...-,.: :...-::.; j...:..ti."...: _.....':"..":; ; "...,:,'%:>. lye,, I.:'......<,.:: i:;'!';..? ; ,. -. ->.:;... progress p nerd Florida, in& ,. - z.. : :....,,. ;:c ,3300 Exchange Place.. <.: Lake Mary, FL

13 TECO/Pmles Gas has no exishg or proposed facilities in the area referenced abw% there is no objeation. Thank p for your ~nthued ooo~on in the mattmi- Plense kl free to all upon us if we can be d fmtaer!?imke.. Jeff Frazier TECQ;S/Peoples C3w PWPLEB ISAS 1920 BTH AMWIMS; NORTH m. P~RGEUAB, FL I 7 Ah mual OPPORTUNITY WMPANY zoo rpl

14 Verizon Florida LLC 1280 Cleveland St. MC FLCW 5033 Clearwater, FL (727) (727) 385!3653 Mobile Facsimile: (727) lanv.rl.iohnson@verizon.com September 18,2007 Mr. Michael S. Uoveras, PE, PSM, AlCP Lloveras, Baur and Stevens U.S. Highway 19 North Clearwater, FL RE: Petition for Partial Vacation & Swap of Private Drainage & Public Utility & Conservation Easement Part of LOTS 14 & 15, COACHMAN HILL PRESERVE Pinellas County, FL PID Nos & ~ea; Mr. Lloveras: VERIZON Florida,-LLC will require easements as indicated on the attached plat. VERIZON Florida, Inc requires no additional easements. VERIZON Florida, LLC does object to the above referenced right of way vacation. This is necessary, as we have facilities in the existing rights of way, which needs to be maintained. XXXX VERIZON Florida, LLC has no objection to the above referenced request. VERIZON Florida, LLC has no objection to the above referenced vacate providing we may maintain an easement(s) presently occupied by our facilities or providing we are reimbursed for the relocation of our facilities to a new location. Please be advised that Verizon may have facilities in the area. Please contact Sunshine One Call 48 hours prior to 'commencement of construction at for utility location. Please call me if you have any questions or need any additional information at (727) Engineering Support A part of Verizon Corporation

15 PROPERTY OWNER NOTIFICATION LIST FOR FlLE #I300 PETrrIONERS BRIAN L. ANDERSON ADRIANA L. ANDERSON 9822 GRETNA GREEN DRIVE TAMPA, EL ADJACENT PROPERTY OWNERS NOTIFICATION LETTER SENT TO THESE OWNERS BY THE CLERK OF THE CIRCUIT COURT - BCC RECORDS DMSION NORWOOD, WILLIAM? J JR NORWOOD, LORI A 2250 ALLIGATOR CREEK RD CLEARWATER, FL BANSEMER, ROGER BANSEyER, SARAH 2352 ALLIGATOR CREEK RD CLEARWATER, FL SOE, LYNDON SOE, KATHLEEPd 2250 MACKENZIE CT CLEARWATER, FL PINELLAS COUNTY REAL ESTATE A m JOYCE GlBBS 509 EAST AVENUE CLEARWATER, FLORIDA AUROIUMS FLEHMAN c/o BUTLER & HOSCH 3185 S,CONWAY RD STE E omm, FL WOLF, HAZEL WOLF, SPENCER CANDLER RD CLEARWATER, FL PAI, RAJENDRA K PAI, NANDANA R 2394 ALLIGATOR CREZE RD CLEARWAI'ER, FL TYLER HOMES DEVELOPMENT GROUP, LLC 244 SHEFFIELD CIRCLE WS%' PALM HARBOR, FL ROGEROf MARY H 172 DEVON DR CLEARWATER, FL MASON, NICHOLAS MASON, TERRI 998 CARSTAIRS CT TARPON SPRINGS, FL HILLEUSAM, JOHN D HILLMAN, LAURIE STAR 310 DRUID RD W CLEARWATER, FL 33756

16 RESOLUTION NO. RESOLUTION VACATING A PORTION OF A PRIVATE DRAINAGE AND PUBLIC UTILITY, UPLAND PRESERVATION AREA AND CONSERVATION EASEMENT ON LOT 14, COACHMAN HILL PRESERVE SUBDMSION, AS RECORDED IN PLAT BOOK 121, PAGE 92, OF THE PUBLIC RECORDS OF PXNELLAS COUNTY, FLOluDA WHEREAS, Brian L. Anderson and Adriana L. Anderson, petitioned this Board of County Commissioners to vacate the fqllowing described property: Lands described in legal description attached hereto and by this reference made a part hereof; and WHEREAS, the Petitioners are the fee simple owners of the portion of the plat they are seeking to have 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 Petitioners have shown that the requested vacation will not cause injury to surrounding property owners and is not needed for any public purpose; 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. A

17 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County, Florida, m regular session duly assembled on this day of 20- that the above described property and plat be, and the same are hereby vacated insofar as this Board of Countgr 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:

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19 15' WIDE PUBLIC UTILITY EASEMENT NORTHEAST CORNER 15 SCALE IN FEET EAST BOUNDARY S.WW2bW.,41.34 N.34'04'01UE.,7.W 1 2 N.WOO'W'f.10.10' NORTHWEST CORNER LOT 14 P.O.B. = POINT OF BEGINNING PRESERVE LOT 14 EASEMENT VACATION EXHIBIT BOUNglAW PUN AND DESCRIPTION

20 . 1 A portion of Lot 14, COACHMAN HlLL PRESERVE, as recorded in Plat Book 121, Pages 92 and 93 of the Public Records of Pinellas County, Florida, being described as follows: Commence at the northwest corner of said Lot 14 and run S.O0"10'4O"W., along the west boundary line of said Lot 14, feet; thence, leaving said west boundary line, N.81 39'01"E., along the north boundary line of the private drainage and public utility, upland preservation area and conservation easement as shown on said plat of COACHMAN HlLL PRESERVE, feet; thence S.75"40'54"E., along said north boundary line, feet for a Point of Beginning; thence, continue, S "E., along said north boundary line, feet; thence S.5Io1 I124"E., along said north boundary line, feet; thence, leaving said north boundary line, S.40 00'28"W., feet thence S.56'45'14"W., feet; thence S.86"57'27"W feet; thence N.6I005'32"W., 5.00 feet; thence N.42"24'35"W., 5.00 feet; thence N.25'38'19"W., 5.00 feet; thence N.04 10'17"E., 5.00 feet; thence N.34'04'01'~EE., 7.00 feet; thence N.OO"OO'OO"E., feet; thence N.I9'37'54"W., feet to the Point of Beginning. Containing 2,764 square feet or acres more or less. GARY R. TYLER TYLER HOMES, INC. 244 SHEFFIELD CIRCLE W. BOUNDARY PUN AND DESCRIPTION

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