BOARD OF COUNTY COMMISSIONERS DATE:

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1 BOARD OF COUNTY COMMISSIONERS DATE: ~une3,2008 AGENDA ITEM NO., I, Consent Agenda Regular Agenda Public Hearing Countv Adminiistrator's Sianature: 4% Su biect: Petition to Vacate: Submitted by Mark Ginn and Stephanie Ginn, for a Portion of a Drainage Easement Property Address: "d Street North Seminole, Florida File No.: 1308 Department: Department of Real Estate Management Recommended Action: Staff Member Responsible: Paul S. Sacco, Director 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. Summary ExplanatSonlBackaround: This petition to vacate a pottion of a 10-foot wide drainage easement on Lot 269, Ridgewood Groves Unit Nine Subdivision, is associated with the owners' desire to clear title for an encroachment that extends into the easement. The petitioners are 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. 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 Utilities, Progress Energy (Distribution), Progress Energy (Transmission), TECO and Verizon. Research has found that there is no current Homeowners Association for Ridgewood Groves Unit 9 Subdivision. Notice was mailed by the Clerk of the Court to all adjacent property owners, in accordance with Florida Statute requirements. The Deputy Clerk will reporf any citizen support or opposition to the BCC. Fiscal ImpactlCostlRevenue Summary: The owners have paid a $550 filing fee., Revised Page I of 2

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

3 8 SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA PETITION TO VACATE, PLAT OR PORTION OF PLAT (EASEMENT) Comes now your Petitioners, Mark & Stephanie Ginn Name of Petitioner and respectfblly 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 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 affum that the forgoing statements are true: I hereby swear and/or affirm that the forgoing statements are true: STATE OF FLORIDA COUNTY OF PLNELLAS Sworn to and subscribed before me this 3~~ day of ~d, by Mark Ginn & Stephanie, or has produced & r vws /-I m s PS as identification, My Commission Expires: Commission Number: $0 8 'f "755 3

4 PINELMS COUNTY PUBLIC WORKS. DIVISION OF SURVEY AND MAPPING U.S. HIGHWAY 19 N. BLDG. 16 CLEARWATER, FLORIDA PHONE: (727) FAX: (727) Section 28, P'o ship 30 South, Range 15 East Description A portion of that certain foot wide Easement that lies north of and adjacent to the North line of Lake Sylvia Drainage Easement in Lot 269, Ridgewood Groves - Unit Nine subdivision, as recorded in Plat Book 57, Page 80, lying in Section 28, Township 30 South, Range 15 East, Pinellas County, Florida, being described as follows: The North 3.00 feet of said Easement, LESS that portion lying within 5.00 feet westerly of and parallel with the East line of Lot 269, and LESS that portion lying within feet easterly of and parallel with the West line of said Lot 269. Containing: 194 square feet more or less. Certification The above land description was prepared under my supervision and is true and correct to the best of my knowledge and belief.,'. '-.t>:2.%'>, Y ** Professional Land Surveyor No Date * ;?. :', g. ', SFN Parcel Number 1308 ; w6., ' 4,I 0 Q;S's" C'YP j*.. i p&,j '3.-i.Q c.4,.,%?,.: ' ' : *, 4 9 *.-42, 4;;$;~t,d ' "1, %33; " '.....,.&". $4 * '...$a,. c?s'?.c ;.+.,% q,<fi i$&$; QP

5 700 Carillon Parkway, Suite 6 St. Petersburg, FL tel bright house Date: October 8,2007 Re: Proposed Vacation at "~ St N Dear Stephanie Ginn, Thank you for advising us of the proposed project/vacation/adjustment. - X Bright House Networks has No Objection. - Bright House Networks has no objections provided utility easemem for our facilities are: granted w retained.see Note. - Bright House Networks has no objections provided the applicant hems Ihe expense for the relocation of any Bright House Networks facilities to maintain service to. customers affected by the proposed vacation or construction. See Note. - In order to properly evaluate this request, Bright House Networks will need detailed plans of the facilities proposed for the subject areas. - Bright House Networks has facilities within this area, which may conflict with this proposed project. Please call Sunshine One Call for locates. See Note. - Bright House Networks requires 30 days written notice prior to the construction start date to relocate their facilities. - See Note : Please refer any yfurther coriespondence andpre-construction meetings to:. i ' Sherelle Darroch at ;!, ; i Note: c a Sincerely, Mr. Sherelle Darroch Field Engineer III

6 Telephone Cable TV Internet September 26, 2007 Stephanie Ginn "~ St Seminole, FL RE: Petition to Vacate "~ St Seminole, FL Dear Ms Ginn: Thank you for advising us of the subject proposed plat 1 vacation of easementlr.0.w. -X- Broadband of Florida, Inc. has no objection. - 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 project. Knology Broadband of Florida, Inc. has no objections provided easements for our facilities are granted or retained as shown on the attached drawing 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-construction meeting notices to:.. Knology Broadband of Florida, Inc. Bill King Construction Supervisor 3001 Gandy Blvd. N. Pinellas Park, FL Notes:. - Field ~n~ineer Knology Broadband of Florida, Inc Office Fax 3001 Candy Boulevard North *. Pinellas Park, FL

7 I BOARD OF COUNTY COMMiSSIONEsBS. Ronnie E. Duncan - Chairman Robert B. Stewart - Vice Chairman Calvin D. Harris Susan latvala John Morroni Karen Williams Seel Kenneth T. Welch Ms. Stephanie Ginn znd Street % Seminole FL Wednesday, September 26,2007 RE: Petition to Vacate: Commence at the Northwest corner of Lot 269, Ridgewood Groves-Unit nine, as recorded in Plat Book 57, Page 80, Public Records of Pinellas County, Florida. Thence S 00 21r32" W a distance of feet; thence S89O38'34'E a distance of feet to the Point of Beginning. Thence by a curve to the right, having a radius of feet, arc distance of feet, bearing of S83O22'34Ir El a chord distance of fet; thence S 00 21r32rr W a distance of 3.07 feet; thence by a curve to the left, having a radius of feet, arc distance of feet, bearing N 83O18'39" W, to the Point of Beginning. Dear Ms. Ginn: Pinellas County Utilities has no lines in the easement described above and has no objection to its vacation. Sincerely, PINELLAS COUNTY UTILnTES Engineering Specialist I Cy to: Mary Jo Hughes, Real Estate Division of Public Works S:\Eng\STAEF\~C\Va~on RequestsIGh wc mq.doc PLEASE ADDRESS REPLY TO: Ft. Harrison Avenue Clearwater, Florida Phone: (727) FAX: (727) Website:

8 January 14,2008 Stephanie Ginn "~ Street. Seminole, FL Re: "' St, Seminole, FL Parcel ID#: Dear Ms. Ginn: Please be advised that Progress Energy Florida, Inc. has "no objection" to the vacation and abandonment of 10 foot easement located on the South Lot Line of Lot 269 Ridgewood Groves-Unit Nine, as recorded in Plat Book 57, Page 80, Public Records of Pinellas County, Florida, being more particularly described as follows: See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this reference. Please contact me at if I may be of any further assistance. / Land Agent Distribution Right-of Way-Florida 3300 Exchange Place Lake Mary Florida Telephone (407) Facsimile (4.07) A Flm'da Progress Co~npmzy

9 Stephanie Ginn * Street Seminole, FL RE: Vacation of Platted Drainage &/or Utility Easement Lot 269 Ri&ewood Groves-Unit Nine, 28-30s-I5EY &ellas County Please be idvised that Florida Power Corporation d/b/a Progress Energy Flodda Inc. (PEQ does not have any transmission facilities within this platted dramage and/or utility easement area. Transmission weering has NO OBJECTION to the vacation and abandonment of that portion of the platted easement located on Lot 269 of Ridgewood Groves Subdmision as hghlghted and depicted on the attached Exhibit "A". This vacation and abandonment is contingent upon receipt of a separate letter of approval from PEFts Distribution Department. Should you have any questions concerning the letter from the Distribution department, please contact Jacquelyn Brochman at (407) If further assistance is needed from Transmission Line Engmeering, please call me at (407) Sincerely, PROGRESS ENERGY FLORIDA, INC. ReneC Birdsong Sr. Acpition Agent Transmission Line Ebgmeering U Date: 10/9/07 Progress Enern Florida, Inc Exchange Place Lake Mary, FL 32746

10 September 26,2007 RE: Petition to Vacate: ~~ Street Seminole, FL Dear, Ms. Ginn x - TECO Peoples Gas has no existing or proposed facilities in the area referenced above; there is no objection. Remarks: TECO Peoples Gas has the following facilities in the above referenced area. In order to allow TECO Peoples Gas to operate and maintain these facilities, easements will have to remain in the above referenced area If it becomes necessary to relocate any gas facility, it &ll be at the expense of the applicant. Thank you for your continued close cooperation in these matters. Please feel fiee to call upon us if we can be of Mer service. Sincerely, Jeff Frazier Utility Coordinator TECOReoples Gas Avenue N. Saint Petersburg, FL Office (727) Fax (727) spjxf@temenergy..com

11 Verizon Florida LLC 1280 Cleveland St. MC FLCW 5033 Clearwater, FL (727) (727) Mobile Facsimile: (727) lanv.rl.iohnson@verizon.com October 1 0,2007 Ms. Stephanie Ginn nd Street Seminole, FL RE: Petition to Vacate a Portion of a 10-foot Utility Easement LOT 269, RIDGEWOOD GROVES-UNIT NINE, PLAT BOOK 57, PAGE 80 PINELLAS COUNTY Dear MS. Ginn: 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) Specialist-Network Engineering Support A part of Verizon Corporation

12 PROPERTY 0 WNER NOTIFICATION LIST FOR FILE # 1308 PETITIONERS MARKGINN STEPHANIE GINN ~~ STREET NORTH SEMINOLE, FLORIDA ADJACENT PROPERTY OWNERS NOTIFICATION LETTER SENT TO THESE OWNERS BY T m CLERK OF THE CIRCUIT COURT - BCC RECORDS DIVISION CREHAN, GARY J ST ST SEMINOLE, FL ALSOBROOK, BARRY KLOOS, LORA ST ST SEMINOLE, FL PINELLAS COUNTY REAL ESTATE ATTN: JOYCE GIBBS 509 EAST AVENUE SOUTH CLEARWATER, FL ********** ND STN SEMINOLE, FL RINEHART, DEBORAH K 8598 FORSYTH DR SEMINOLE, FL BOND, SHIRLEY M KOSKE, DANIEL KEVIN 8586 FORSYTH DR 8592 FORSYTH DR N SEMINOLE, FL SEMINOLE, FL BULLARD, DREW G BULLARD, SUSAN A TH AVE SEMINOLE, FL H:\Documents\Real Estate Division\VACATIONS\PETITIONS-PENDING\File#308 Ginn\Board Packet\Owner Listdoc

13 RESOLUTION NO. RESOLUTION VACATING A PORTION OF A DRAINAGE EASEMENT ON LOT 269, RIDGEWOOD GROVES UNIT NINE SUBDIVISION, AS RECORDED IN PLAT BOOK 57, PAGE 80, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA WHEREAS, Mark Ginn and Stephanie Ginn, 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 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.

14 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 above described property 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 Cqunty, Florida. Commissioner offered the foregoing resolution and moved its adoption, which was seconded by Commissioner and upon roll call, the vote was: AYES: NAYS: L ABSENT AND NOT VOTING: H:\DocumentsUleal Estate Division\VACATIONS\PETITIONS-PENDMFile 1308 Ginn\Board Packet\Resolution.doc

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16 PINELLAS COUNTY PUBLIC WORKS - DIVISION OF SURVEY AND MAPPING U.S. HIGHWAY 19 N. BLDG. 16 CLEARWATER, FLORIDA PHONE: (727) FAX: (727) Section 28, Township 30 South, Range 15 East Description A portion of that certain foot wide Easement that lies north of and adjacent to the North line of Lake Sylvia Drainage Easement in Lot 269, Ridgewood Groves - Unit Nine subdivision, as recorded in Plat Book 57, Page 80, lying in Section 28, Township 30 South, Range 15 East, Pinellas County, Florida, being described as follows: The North 3.00 feet of said Easement, LESS that portion lying within 5.00 feet westerly of and parallel with the East line of Lot 269, and LESS that portion lying within feet easterly of and parallel with the West line of said Lot 269. Containing: 194 square feet more or less. Certification The above land description was prepared under my supervision and is true and correct to the best of my knowledge and belief. * \ v. +, <.T: 1:?,, d*.?pa ' T " '""Q.,, ; * '. 3 ~ 3- c'b =.',@wl2g SEAL,. w$-..3'gr Date + Qt,!$'@? A 4 &: Professional Land Surveyor No ,:*., a,.: i'c:. 0' - - * D. ; \ " a wvm; * le4fs. ' l, A*>l:9, I:*. t %,.. SFN Parcel Number %.. & f g':t '.3 f. " gjyj;&'$t,9.;;: 4., d f,, t,:d <;, 9 n 6 5, ",:A~~"', ' e.. 6,,C."k%-...,., '. $ ~t>-mf.k,,2& ' Q,., w:,i' g%..-. Tp# cyt r..,., it~&i,f " + 4

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