D Public Hearing Gr'

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1 Consent Agenda D Regular Agenda County Administrato~s Signature:~ BOARD OF COUNTY COMMISSIONERS DATE: October 8, 2013 AGENDA ITEM NO.(, D Public Hearing Gr' Subject: Quasi-Judicial Petition to Vacate a Portion of an Easement Submitted By: Property Address: File No.: John & MaryAnn Ricci Terrace North Seminole, Florida Department: Real Estate Management Environment & Infrastructure Staff Member Responsible: Paul S. Sacco, Director David Scott, Executive Director Recommended Action: I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BOARD) CONSIDER THE PETITION TO VACATE A PORTION OF THE UTILITY EASEMENT, ADOPT THE ATTACHED RESOLUTION PURSUANT TO FLORIDA STATUTE , AND AUTHORIZE THE CLERK TO RECORD THE RESOLUTION IN THE PUBLIC RECORDS OF PINELLAS COUNTY. Summary Explanation/Background: This petition to vacate a portion of a ten foot utility easement lying within the southerly portion of Lot 90, Seminole Woodlands Third Addition, Plat Book 78, Page 46 in Section Pinellas County, Florida, is associated with the owners' desire to install a screened pool and deck. The petitioners are the apparent owners 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. Additionally, Letters of No Objection have been received from Bright House, Knology, Pinellas County Department of Environment and Infrastructure, Progress Energy (Distribution), Progress Energy (Transmission) and Verizon. The Petition was properly advertised in accordance with Florida Statute and 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 Board. Fiscal Impact/Cost/Revenue Summary: The owner has paid a $690 filing fee, plus advertising cost of $60. Revised Page 1 of 2

2 Exhibits/Attachments Attached: Contract Review Transmittal Petition to Vacate Notification List Resolution Location Map Revised Page 2 of 2

3 CONTRACT REVIEW TRANSMITTAL SLIP CATS# PROJECT: John and Maryann Ricci TYPE: Quasi-Judicial Petition to Vacate a portion of an Easement Date: 10/8/2013 ESTIMATED EXPENDITURE/REVENUE: $ (Circle appropriate choice above.) ln 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 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 Real Property Div. (Dave DelMonte) Real Est. Mgmt (Paul Sacco) Review Date l?-jq, L3 ~ DEI (Tom Farrand) 8/16/2013 Review Signature uj)j tlw;la~ Approved in CATS Comments Included/ Addressed Initial & Date Legal (Michael Zas) County Admin. (Mark Woodard) ~'---1\lrz q\"\'' t\2-cyj X X X X Release/Termination/ Amendment FS Vacation FS /12- 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 : L.:2::..:;0~1;::;:.3 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, ~Jo~hn~an=d'-.!M=ary'-.l-!:'ann~~Ri"" c~c~i 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: 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. I hereby swear and/or affirm that the forgoing statements are true: "?o'hn Ricci ar and/or affirm that the forgoing statements are true: STATE OF FLORIDA COUNTY OF PINELLAS Sworn to (or affirmed) and subscribed before me tlris I r")l"\ day of ~ \JS t- 2013, ~John Ricci and Maryann Ricci. He/She is personally known to me, or has J)I'{)dU; d f{.qoi\'[ :\ ~G'5' as identification, and who did (did not) take an oath. Notary Public ~ Meghan Kathleen Elias W commonwealth of Massachusetts ~W"My commission Expires on Juoe 29, ~... "-...Y SEAL My Commission Expires:,), OC 29~ 20)~ ~;~~~ Commission Number:..._A )'-"\_,_&"'--'

5 FD. 5/8" I.R. N S 88 4' CONC. S!W '45" E 84.52' EXHIBIT "A' ' SCALE: 1." = 20' 20.72' ROADWAY EASEMENT'- PERPLAT '- '. ' 0 "' ~ 31.70' 5.67' c<i LOT91 OCCUPIED CORNER NOT RECOVERED EASEMENT 'LAT 26.03' ONE STORY MASONRY 8 oo ' POOL '04" E CONC N 88 55'04" W 40.00' N '45" W ' (P) N 88 55'04" W (F) 85.64' (M) L3 FD. RAILROAD SPIKE ~ 0 5 u N I ~ ~ ~~ ~ ~ ~ ~ 0 ~~~ ~ ~ ~ ~ ~~ C)..,,E SEMINOLE LOT87 LEGEND: CONC. =CONCRETE FD. =FOUND LR. = IRON ROD SIW =SIDEWALK P.B. = PLATBOOK PG. =PAGE P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING I ~ = CENTERLINE SIGNATURE: OODLANDS SECOND ADDITION P.B. 75, PG. 80 LOT88 OCCUPIED LINE TABLE L1: N 01 04'56" E 4.00' L2: '56" W 4.00' L3: N 88 55'04" W 15.00' L4: N 00 22'17" E 10.00' ~? ~ /_~_':ot._'""_ "_...,._ _-_fi._t!_._/_..;.~_.:-:~"p"jj'r; rr"-"'1-- LAUREN R. PENNY P.. DATE: ~6~4~-2~0t-3~--- DRAWNBY: LP/JMF NOT VALID UNLESS l SIGNED & SEALED 25.00' SHEET I OF2 ~ EASEMENT VACATIO SKETCH ONLY- NOT SURVEY JOB # REVISED: 7/1/2013 L.R. PENNY AND ASSOCIATES, INC ND A VENUE NORTH SEMINOLE, FLORIDA PHONE: (727) FAX: (727) LICENSED BUSINESS #6539

6 LEGAL DESCRIPTION-VACATION OF A PORTION OF A 10' UTILITY EASEMENT: EXHtBrr ''A" A PORTION OF A 1 0' UTILIL TY EASEMENT LYING IN LOT 90, SEMINOLE WOODLANDS THIRD ADDITION, AS RECORDED IN PLAT BOOK 78, PAGE 46, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER, LOT 90, SEMINOLE WOODLAND THIRD ADDITION, AS RECORDED IN PLAT BOOK 78, PAGE 46, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID LOT 90 N.00 22'17"E., A DISTANCE OF FEET; THENCE N.88 55'04"W., A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE S.Ol 0 04'56"W., A DISTANCE OF 4.00 FEET; THENCE N.88 55'04"W., A DISTANCE OF FEET; THENCE N.01 04'56"E., A DISTANCE OF 4.00 FEET; THENCE S.88 55'04"E., A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING 160 SQ. FT. MORE OR LESS. F?~br. <;tt,. 1~fJ.t1W \.-'\- \~...,..,. ~"-""~---<P-...,...,,..._._,~--"- ~ SD\- \~~'"\ SIGNATURE: :...~ z? o.-- /~~/c.;~~. LAURF;N R. PENNY Nf.ii.#493i DATE: ~6~4~~~0-13~---- DRAWNBY: LPIJMF NOT VALID UNLESS SIGNED & SEALED SHEET 2 OF 2 -LEGAL DESCRIPTION JOB # REVISED: 7/1/2013 L.R. PENNY AND ASSOCIATES, INC ND A VENUE NORm SEMINOLE, FLORIDA PHONE: (727) FAX: (727) LICENSED BUSINESS #6539

7 PROPERTY OWNER COURTESY NOTIFICATION LIST FOR FILE #1434 PETITIONER JOHN RICCI MARYANN RICCI ST TERRACE NORTH SEMINOLE, FLORIDA ADJACENT PROPERTY OWNERS NOTIFICATION LETTER SENT TO THESE OWNERS BY THE CLERK OF THE CIRCUIT COURT- BCC RECORDS DIVISION REAL PROPERTY DIVISION Attn: CYNTHIA M. HARRIS 509 EAST AVENUES CLEARVVATER,FL BROCHMAN, PETER J BROCHMAN, JACQUELYN K ST AVE SEMINOLE, FL RAISCH, MARK H RAISCH, VIRGINIA M ST TER SEMINOLE, FL HILLENGAS, JOSEPH C HILLENGAS, DIANE Y ND VVAY SEMINOLE, FL VVENDEL, ROBERT J JR VVENDEL, JAMIE L ST AVE SEMINOLE, FL ANDERSON, JENNIFER L ANDERSON, H JAMES ND VVAY SEMINOLE, FL MEADE, NANCY D ND VVAY SEMINOLE, FL VITAN, RONALD VV VITAN, MARGARITA E ST AVE SEMINOLE, FL STUELKE, JAMES R STUELKE, MARILYN M ST TER SEMINOLE, FL MISKIN, MARY Z MISKIN, ANDJA ND TER SEMINOLE, FL SLINGERLAND, FRED ND AVE E REDINGTON SHORES, FL PATIERSON, LOIS G ST AVE SEMINOLE, FL SEMINOLE SPECIAL RECREATION DIST C/0 SCHULER, TIMOTHY C. PO BOX 3096 SEMINOLE, FL SOFFOS, LIBBIE ND VVAY SEMINOLE, FL RICCI, JOHN RICCI, MARYANN ST TER SEMINOLE, FL PERKINS, SHIRLEY PERKINS, DALLAS B ST TER SEMINOLE, FL BEAUCHAMP, LINDA E ST AVE SEMINOLE, FL ********** ********** ST AVE SEMINOLE, FL MORACA, MATIHEVV 700 CENTRAL AVE STE 300 ST PETERSBURG, FL KENNEDY, RONALD V JR ST TER SEMINOLE, FL PRESLER, ADAM BOSC, MELISSA ND VVAY SEMINOLE, FL

8 ********** ********** ST AVE SEMINOLE, FL ADAMS, TIMOTHY P ST TER SEMINOLE, FL COLLINS, KEVIN P COLLINS, AMANDA J ST TER SEMINOLE, FL ROGERS, GAIL E ROGERS, FRANK D JR ST TER SEMINOLE, FL SIMPKINS, WAYNE T ND TER SEMINOLE, FL PEACOCK, CASSIUS L Ill PEACOCK, MARIE J ST AVE SEMINOLE, FL CHINA, JANICE H ST AVE SEMINOLE, FL

9 RESOLUTION NO. RESOLUTION VACATING A PORTION OF A TEN FOOT UTILITY EASEMENT LOCATED IN LOT 90, SEMINOLE WOODLANDS TmRD ADDITION SUBDIVISION, LOCATED IN SECTION 21, TOWNSffiP 30 SOUTH, RANGE 15 EAST, AS RECORDED IN PLAT BOOK 78, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. WHEREAS, John and Maryann Ricci, 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 WHEAREAS, vacating the requested portion of the easement will not have an adverse affect on the remaining easement area; and WHEREAS, the Petitioners are the apparent owners 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.

10 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County, Florida, in regular session duly assembled on this day of ' 20_, 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: APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY BY... f.j..~.... ATTORNEY R:\Real Property\ VACATIONS AND RELEASESIPETITIONS-PENDING 1400'S\File# 1434-V Ricci\Board Packet\Resolution.doc

11 /_ EXHIBIT "A 0' SCALE: l" = 20' LOT91 OCCUPIED 26.03' LJ~ 5.67'!"') ONE STORY MASONRY g ' 32.00' ~ t- o...,j ~ ~; t- ~ ~ ;~ ~. ~ ~ ~~ G! ~ ~!~ ~lij \5 ~g Q. ~ ~ ~~ POOL ~ IZl Slfi8 55'04" E 40.J)O' L3 ~ ' UTILITJ EASEMENT ::J PER IPLAT CORNER NOT RECOVERED. CONC. 7~ 1"\J N 88 55'04" w 4o.o0: -.~ ~ ~ N 88 54'45" W 85.77' (P) N 88 55'04" W (F) 85.64' (M) P.O. C. FD. RAILROAD ~1: c,,., NER, SPIKE.,._ '"" Lo~.,. 90 SEMINOLE lrltoodlands SECOND ADDITION P.B. 75, PG. 80 LOT87 LOT88 OCCUPIED LINE TABLE L1: N 01 04'56" E 4.00' L2: S 01 04'56" W 4.00' L3: N 88 55'04" W 15.00' L4: N 00 22'17" E 10.00' 25.00'!

12 --~ LEGAL DESCRIPTION- VACATION OF A PORTION OF A 10' UTILITY EASEMENT: EXHIBIT '~A, A PORTION OF A 10' UTILILTY EASEMENT LYING IN LOT 90, SEMINOLE WOODLANDS THIRD ADDITION, AS RECORDED IN PLAT BOOK 78, PAGE 46, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER, LOT 90, SEMINOLE WOODLAND THIRD ADDITION, AS RECORDED IN PLAT BOOK 78, PAGE 46, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID LOT 90 N.00 22'17"E., A DISTANCE OF FEET; THENCE N.88 55'04"W., A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE S.01 04'56"W., A DISTANCE OF 4.00 FEET; THENCE N.88 55'04"W., A DISTANCE OF FEET; THENCE N.Ol 0 04'56"E., A DISTANCE OF 4.00 FEET; THENCE S.88 55'04"E., A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING 160 SQ. FT. MORE OR LESS. Revfewelf~ C* jp. Date: \-~- \~ St:>\- \'-\~"\ SHEET 2 OF 2 -LEGAL DESCRIPTION JOB# REVISED: 7/1/2013 SIGNATURE:,~-~--..t..-~_,._""""_/"-e._., ~.._. ~., ~- DATE: ~6~4=~2~0-13~--- DRAWNBY: LPIJMF LAUR.F;.N R. PE~ NOT VALID UNLESS SIGNED & SEALED L.R. PENNY AND ASSOCIATES, INC ND A VENUE NORTH SEMINOLE, FLORIDA PHONE: (727) FAX: (727) LICENSED BUSINESS #6539

13 COlNIY Petition to Vacate File No.: " z...,.... N! Map & Subject(s) are for Reference Only NOTTOSCALE Pinellas County Real Estate Management Real Property Division