-~~ Meeting of April 3, 2008

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1 -~~ st.petersburg SAIT PETERSBURG CITY COUCIL Meeting of April 3, 2008 TO : SUBJECT : RECOMMEDATIO : The Honorable James Bennett, Chair, and Members of City Council Ordinance approving a vacation of the northern 880-feet of an alley in the block bound by 8t" Avenue South, 11f Avenue South, 3rd Street South and 4 ' Street South (City File o. : ) The Administration and the Development Review Commission recommend APPROVAL. The Request: The request is to vacate the northern 880-feet of the north-south alley in the block bound by 3rd Street South and 4th Street South, and between 8th Avenue South and 11th Avenue South and to dedicate an east-west connection to 3rd Street South for the remaining southern portion of the alley. Discussion : The alley is currently improved with asphalt and is integrated into the east surface parking lot of the Poynter Institute, with a storage building and storage yard to the west of the alley. The applicant owns all the private property on both sides of the alley to be vacated. The private properties abutting the remainder of the alley to the south is owned by others (See attached map). The alley to be vacated will be secured with a fence and gates. The City and other franchised utilities will continue to have access to the utilities in the alley. Consistency with the City Code and Bayboro Harbor Redevelopment Plan Requests to vacate public right-of-way are subject to the criteria provided under City Code Section Staff's findings suggest that the application is consistent with the criteria and can be approved. The subject alley does not connect to a continuous chain of other alleys through the blocks to the orth and South. The adjacent and most affected properties at the southern end of the remaining alley will have the benefit of the east-west connection to 3rd Street South. The new east-west connection will ensure the adjacent properties to the south may continue to enjoy rear alley access without the inconvenience of a dead-end. Vacation of the proposed alley would be consistent with the Bayboro Harbor Redevelopment Plan (The Plan). Page 24 of the Plan recommends land consolidation of blocks 2 and 3 which consist of the Poynter Institute and the All Children's storage property, now owned by the applicant, into one continuous parcel. The proposed vacation will allow for consolidation of the Poynter Institute campus, and address a specific redevelopment goal of the Bayboro Harbor Plan.

2 Agency Review : The request has been reviewed by appropriate City departments and public utility agencies. The City Engineering and Water Resources Departments, and two franchised utilities, have requested an easement or relocation of existing facilities at the applicant's expense. The easements and the new alley are described in the condition of approval and will be dedicated with the required replat. DRC Action : On February 6, 2008, the Development Review Commission (DRC) held a public hearing on the subject application. There were no public comments. After the public hearing, the DRC voted 7-0 to recommend approval of the proposed vacation. o public inquires or comments have been received between the date of the DRC approval and the date of this report. RECOMMEDATIO : The Administration recommends APPROVAL of the alley vacation, subject to the following conditions : 1. The vacated right-of-way and abutting properties shall be replatted. a. The replat shall include easements as requested by the various City departments or utility companies for public facilities, drainage and franchised utilities. b. A new 20-foot wide alley shall be dedicated with the replat to provide a connection between 3rd Street South and the remainder of the original alley. c. A permit shall be obtained from the City prior to any work within the public right-of-way or for construction of the new alley connection to 3rd Street South. d. The entire vacated alley shall be retained as public utility easement. e. Access for maintenance of sanitary sewer mains and utilities shall be available at all times. Fence construction shall be coordinated and approved separately through the City's Engineering and Water Resources Departments. Any proposed fencing shall be gated across the entire width of the public easement. The property owner shall immediately remove any obstruction in the easement upon written notice given by the City of St. Petersburg or a franchised utility. The City shall not be responsible for the restoration of obstructions placed within the public easement area. 2. Approval of this vacation shall lapse unless a final plat based thereon is recorded in the public records within 24 months from the date of such approval or unless an extension of time is granted by the Development Review Commission or, if appealed, by the City Council prior to the expiration thereof. Any requested extension(s) shall not exceed one (1) year per request. 3. The final plat shall not be approved by the City Council prior to completion of all required public improvements, including, but not limited to, construction of the new alley and any necessary relocation or abandonment of any affected public facilities or franchised utilities. The applicant shall be responsible for all associated permits, work and costs.

3 ORDIACE O. A ORDIACE APPROVIG A VACATIO OF THE ORTHER 880-FEET OF THE ALLEY I THE BLOCK BOUD BY 8TH AVEUE SOUTH, 11TH AVEUE SOUTH, 3R STREET SOUTH AD 4TH STREET SOUTH ; SETTIG FORTH CODITIOS FOR THE VACATIO TO BECOME EFFECTIVE ; AD PROVIDIG FOR A EFFECTIVE DATE. THE CITY OF ST. PETERSBURG DOES ORDAI : SECTIO 1. The following right-of-way is hereby vacated as recommended by the Administration and the Development Review Commission : The northern 880 feet of the alley within the block bound by 8`h and 11`h Avenues South, and 3`d and 4`h Streets South, more particularly described in Attachment "A". SECTIO 2. The above-mentioned right-of-way is not needed for public use or travel. SECTIO 3. The vacation is subject to and conditional upon the following : 1. The vacated right-of-way and abutting properties shall be replatted. a. The replat shall include easements as requested by the various City departments or utility companies for public facilities, drainage and franchised utilities. b. A new 20-foot wide alley shall be dedicated with the replat to provide a connection between 3rd Street South and the remainder of the original alley. c. A permit shall be obtained from the City prior to any work within the public right-ofway or for construction of the new alley connection to 3rd Street South. d. The entire vacated alley shall be retained as public utility easement. e. Access for maintenance of sanitary sewer mains and utilities shall be available at all times. Fence construction shall be coordinated and approved separately through the City's Engineering and Water Resources Departments. Any proposed fencing shall be gated across the entire width of the public easement. The property owner shall immediately remove any obstruction in the easement upon written notice given by the City of St. Petersburg or a franchised utility. The City shall not be responsible for the restoration of obstructions placed within the public easement area. 2. Approval of this vacation shall lapse unless a final plat based thereon is recorded in the public records within 24 months from the date of such approval or unless an extension of time is granted by the Development Review Commission or, if appealed, by the City Council prior to the expiration thereof. Any requested extension(s) shall not exceed one (1) year per request. 3. The final plat shall not be approved by the City Council prior to completion of all required public improvements, including, but not limited to, construction of the new

4 alley and any necessary relocation or abandonment of any affected public facilities or franchised utilities. The applicant shall be responsible for all associated permits, work and costs. SECTIO 4. In the event this ordinance is not vetoed by the Mayor in accordance with the City Charter, it shall become effective upon the expiration of the fifth business day after adoption unless the Mayor notifies the City Council through written notice filed with the City Clerk that the Mayor will not veto the ordinance, in which case the ordinance shall become effective immediately upon filing such written notice with the City Clerk. In the event this ordinance is vetoed by the Mayor in accordance with the City Charter, it shall not become effective unless and until the City Council overrides the veto in accordance with the City Charter, in which case it shall become effective immediately upon a successful vote to override the veto. APPROVED AS TO FORM AD SUBSTACE : Development n'ices lllate U3 City Attorney (Desig e) Date

5 ATTACHMET "A" EXACTA COMMERCIAL LAD SLJRVFYOfM L B, STATE RUAO 7, SUITS , WELLIGTO, FL RECORDIG AREA LEGAL DESCRIPTIO OF THE VACATIO OF A 25 FOOT WIDE ALLEY A PORTIO OF BAYBORO, P. B. 1, PG. 19, P.C.R. LYIG WITHI ST PETERSBURG, PIELLAS COUTY, FLORIDA LEGAL DESCRIPTIO: A PARCEL OF LAD BEIG A PORTIO OF W.J. OVERMA'S REARRAGEMET OF J.P. TITCOMBS PLA OF BAYBORO, ACCORDIG TO THE PLAT THEREOF, RECORDED I PLAT BOOK 1, PAGE 19, PIELLAS COUTY RECORDS, LYIG WITHI SECTIO 30, TOWSHIP 31 SOUTH, RAGE 17 EAST. SAID PARCEL OF LAD BEIG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIIG AT THE ORTHWEST CORER OF LOT 14, BLOCK 2 OF SAID SAYBORO PLAT; THECE WEST, ALOG THE WESTERLY EXTESIO OF SAID ORTH LIE OF BLOCK 2, A DISTACE OF FEET TO THE ORTHEAST CORER OF LOT 1 OF SAID BLOCK 2; THECE SOUTH, ALOG THE EAST LIE OF LOTS 1 THRU 7 OF SAID BLOCK 2 AD THE SOUTHERLY PROJECTIO THEREOF, A DISTACE OF FEET; THECE EAST, A DISTACE OF FEET TO THE SOUTHWEST CORER OF LOT 7, BLOCK 3 OF SAID BAYBORO PLAT; THECE ORTH, ALOG THE WEST LIE OF LOTS 7 THRU 17, BLOCK 3 AD THE WEST LIE OF LOTS 8 THRU 14, BLOCK 2, A DISTCE OF FEET TO THE POIT OF BEGIIG. SAID LAD SITUATE WITHI PIELLAS COUTY, FLORIDA, COTAIIG 22,000 SQUARE FEET MORE OR LESS. SURVEY OTES: 1. THE BEARIGS SHOW HEREO ASSUMED AD ARE BASED O WEST, ALOG THE ORTH LIE OF BLOCK 2, BAYBORO, PLAT BOOK 1, PAGE 19, PIMELLAS COUTY, FLORIDA. 2. THE PROPERTY SHOW HEREO WAS OT ABSTRACTED FOR OWERSHIP, RIGHTS-OF-WAY OF OTHER MATTERS OF RECORD BY EXACTA, A LAD SURVEYIG COMPAY. THIS SKETCH DOES OT REPRESET A FIELD SURVEY (THIS IS OT A SURVEY). 3. THE LEGAL DESCRIPTIO SHOW HEREO WAS AUTHORED BY EXACTA COMMERCIAL SURVEYORS, IC., WITHOUT THE BEEFIT OF A TITLE SEARCH. FOR MORE IFORMATIO ABOUT POSSIBLE EASEMETS AD RESTRICTIOS O THIS PROPERTY REFER TO THE PUBLIC RECORDS OF THIS COUTY AD THE PLAT OF RECORD (IF AY). Ilk GVxoeto C mnmw RBVSM\,FL Emelelt Vocaf St I*c«ihq\0712-ooasan CER T it ica i t: MTE THIS IS TO CERTIFY THAT THE SKETCH AD LECAL DESCRIPTIO SHOW HEREO IS ACCURATE AD CORRECT TO THE BEST OF MY KOWLEDGE I AD BELIEF. 1 FURTHER CERTIFY THAT THIS SKETCH AD LECA SEAL DESCRIPTIO MEETS THE MIIMUM TECHICAL STADARDS SET FORTH OT VALID ULESS BY THE FLORIDA BOARD OF PROFESSIOAL SURVEYORS AD MAPPERS SEALED HERE WITH I CHAPTER 61G17-6, FLORIDA ADMIISTRATIVE CODE, PURSUAT TO A EM90SSED ~. SECTIO 47207, FLORIDA STATUTES. SURVEYOR'S SEAL GATE of sketz: DRAW BY CHECKED BY BOOK JAVIER OE LA ROCHA 12/12/07 JOIR SF FIELD /A PROFESSIOAL SURVEYOR MID MAPPER O. BM - STATE OF FLORIDA SHEET 2 OF 2

6 o _ MMCTA COMMERCIAL LAD SURVEYORS L.S STATE F20AIL 7, SUITE , WELLIGTO, FL RECORDIG AREA SKETCH OF THE VACATIO OF A 25 FOOT WIDE ALLEY A PORTIO OF BAYBORO, P. B. 1, PG. 19, P.C.R. LYIG WTHI STPETERSBURG, PIELLAS COUTY, FLORIDA 8th AVEUE S SR 175 I I WEST 25.00'. LIE OF BLOCK 2 THIS 8th AVE S LOT 1 _~ P.O.B. Y SKETCH LOT 14 h a y r rtn AVE s ~ a a LOT 2 LOT 13 LOT 3 LOT 12 LOT 4 LOT 11 BLOCK 2, BAYBORO BLOCK 2, BAYBORO P.B. 1, PG. 19, P.C.R. P.B. 1, PG. 19, P.C.R. LOT 5 LOT 10 LOCATIO AP LOT 6 LOT 9 OT TO SCALE LOT 7 LOT 8 y W r' LOT 17 c A PORTIO OF Co THE W 1/4 OF LOT 16 THE E 1/4 OF SECTIO LOT 15 M W L 14 BLOCK 3. BAYBORO P.O. 1, PC. 19, P.C.R. M o LOT 13 V O LOT 12 m LL SCALE: 1" 1 50 \~ LOT 1 1 Z zo,.~ z O LOT o z GRAPHIC SCALE a LOT 9 LEGED: P.C.R.....PIELLAS COUTY RECORDS a~ L O BLOCK 3, BAYBORO o LOT A LOT 8 P.B. 1, PC. 19, P.C.R. W TS t EAST ' cc LOT C LOT 6 O COMMERCIAL CETER, Z P.B. 16, PC 46, P.C.R. LOT 5 LOT 2 BLOCK 3, BAYBORO P.B. 1, PG. 19, P.C.R. LOT 4 (P).....PLAT OF RECORD LOT 1 LOT S In p P.O......PLAT BOOK Pa....PACE 11 th AVEUE S P.O.B.....POIT OF BECIIG O ~ FLE C\Exato Cammarctd aurvsyan\fl Eaaelnanc vaootlor St Petarablry\o7lz-oos5.a.g DAIS Doe 17, I} 35am EST SHEET 1 OF 2 Lu

7 = i I W I 7TH AVE S 7TH AVE S 7TH AVE S 7TH AVE S 200( (()() 480 7os p 500 A -~ lot V (A STH AVE S 736 i F (n 460 = eo o sot v U) 7TH AVE S (r) STH AVE S 8TH AVE S eat qp, 672 w~ ) F ~ TH AVE S 9TH AVE S ~ 905 = _ 920 t~ Vet BB 936 R PARK DR S ROSER PARK DR S,000, W J420 Ol ~ '""~ (n , TH AVE S 530 szz J ~'O 11TH AVE S,tas 11TH AVE S I- O = ttoo ~ 11zo D ~~ Development Services Department ~ City File o T st.petersburg Location : Td Street South (nts)

8 i _ z- ~ '. a. ~ f~,- ~rrr r 7, ALLEY TO BE ~` VACATED. Development Services Department ; -- City File o. : T st.petersburg Location : 801-3rd Street South (nts)

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