Quasi-Judicial Petition to Vacate a Portion of an Easement. James V. and Mimi H. Steele Iroquois Avenue North Largo, Florida

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1 Consent Agenda D Regular Agenda Administrator's Si nature: BOARD OF COUNTY COMMISSIONERS DATE: December 16, 2014 AGENDA ITEM N0-30 D Public Hearing [1{ Subject: Quasi-Judicial Petition to Vacate a Portion of an Easement Submitted By: Property Address: File No.: Department: Real Estate Management Public Works James V. and Mimi H. Steele Iroquois Avenue North Largo, Florida Staff Member Responsible: PaulS. Sacco, Director Richard Coates, Director Recommended Action: I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BOARD) CONSIDER GRANTING THE PETITION TO VACATE A FIFTEEN (15) FOOT DRAINAGE AND UTILITY EASEMENT, AND IF GRANTED, 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 subject petition seeks to vacate a fifteen (15) foot drainage and utility easement located in Lot 12 and West 38 feet of Lot 13, Oakhurst Acres First Addition Subdivision, Official Records Plat Book 64 Page 92 in Section 18/30/15, Pinellas County, Florida. 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 indicated that there is no need to seek a variance. Additionally, Letters of No Objection have been received from Bright House, WOW!, Duke Energy (Distribution), Duke Energy (Transmission), TECO, Verizon and Pinellas County Planning and Engineering and Technical Support departments. 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. Revised 03-20'12 Page 1 of 2

2 Fiscal Impact/Cost/Revenue Summary: The owner has paid a $750 filing fee, including advertising cost. Exhibits/Attachments Attached: Contract Review Transmittal Petition to Vacate Notification List Resolution Location Map Revised 03-20'12 Page 2 of 2

3 CONTRACT REVIEW TRANSMITTAL SLIP CATS# PROJECT: James and Mimi Steele TYPE: Quasi-Judicial Petition to Vacate a portion of an Easement Date: 12/16/2014 ESTIMATED EXPENDITURE/REVENUE: $ (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 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. (Sean Griffin) Review Date Review Si~ Comments Included/ Addressed Initial & Date Real Est. Mgmt (Paul Sacco) DEI (Tom Farrand) 11/18//2014 Approved in CATS Legal (Chelsea Hardy) ll/2~/14, 7 /-7l (Mark Woodard) -~~ ~ \~ County Admin.~. X X X X Release/Termination/ Amendment FS Vacation FS /10/12- ROW Advertisement to Board Records Scheduled Board Date Complies with Section 8 Real Estate Procedures Notification 2=->0;..;::1... Please return to Real Estate Management Department, Real Property Division by... 4 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.,...;J,_,am=e'-"s_,&=-"M=-""im~i~S~t~ee~l~e 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 affmn that the forgoing statements are true: ~HS~> /."' ~cssc:.e STATE OF-F.k COUNTY OF PH'fflLLA~W( ll,~vt Sworn to (or affmned) and subscri~.tj~fw;; me this U day ofl (, 20 tj:, by James V. Steele & Mimi H. St~~Wlef~hpj~S'.ipersonally known to me, or has produced~ya.llty --rhl as identification, an4-w~.d1lj'llfitl ~e an oath. ~. OT'ATt ~.:- l OF ~ ~ - T - = :D i ENNESS : : j : :C.~\ NOTARy!,.: '.,...~JBA.U...a..._ ~ ~~~~~Y~~ ~ ~..., ~/y ~~Ar._' ~~,$',, ~OARb\JO,, '",, My Commission Expires: l /'f!'!'jj''''' ~f.--6. o 17 NOTAR~ PrintName ~ k\ 1'~ Commission Number: _q~_.'l'---cfi.j+'

5 SECTION 18, TOWNSHIP 30 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA Sketch of Legal not a Survey LEGAL DESCRIPTION: THE EAST 7.50 FEET OF LOT 12, BLOCK 3, TOGETHER WITH THE WEST 7.50 FEET OF THE WEST FEET OF LOT 13, BLOCK 3, OAKHURST ACRES 1st ADDITION AS SHOWN ON THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 64, PAGE 92, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 7.50 FEET THEREOF. CERTIFIED TO: JAMES V. STEELE MIMI STEELE L=73.17' R=175.00' t,. =23'57'24" C LEN=72.64' BRG=S 76'58'42" E _IROQUOIS AVENUE 50' RIGHT-OF-WAY r <(..J Q_ ~~ 0:: 0 z f- 0 _J co -.j-..,<!i z ~ :o~ ~ ~~ "I"] ~'N 111E 0 z ~ 19.8' -~--:c23o-c., ONE STORY~ MASONRY RESIDENCE # ' L 0 T b --t-:;:20=.a -'--.,. ",. jg g PROPOSED 15' EASEMENT VACA Tl ON ~--- g ' r--!'l N 0 L 0 T -6- L 0 T L 0 T :;: LEGEND o GRAPHIC SCALE 30' , 60' 90' L:~:.-..: ~-~~.: :::.-. 1 ]

6 PROPERTY OWNER COURTESY NOTIFICATION LIST FOR FILE #1469 JAMES V. STEELE MIMI H. STEELE 736 EDMONDSON PIKE BRENTWOOD, TN PETITIONER 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 A VENUE S CLEARWATER, FL STEELE, JAMES STEELE, MIMI IROQUOIS AVE N LARGO, FL SMITH, JOSEPH 0 SMITH, ADRIENNE P IROQUOIS AVE LARGO, FL GRANTHAM, GREGORY S GRANTHAM,THERESAJ lloth TER V ANGURA, STEPHEN J V ANGURA, BEVERLY A OTH TER LARGO, FL NEIL, JOY ND WAY LARGO, FL BRADFORD, JONATHAN W BRADFORD, NANCY J STWAY LARGO, FL L YTH, SANDRA G RENNER, EDWARD TH TER GLANDORF, WILLIAM K GLANDORF, JOANNE OTH TER SKOULARAKOS, DIMITRIS C SKOULARAKOS, PANAGOULA D IROQUOIS AVE LARGO, FL DAWSON, RICHARD DAWSON, ROSALIND I loth TER MURPHY, DOLORES M IROQUOIS AVE LARGO, FL MC MULLEN, CLAUDE D MCMULLEN, SUZANNE W Ill TH TER LARGO, FL GURLEY, RONALD D GURLEY, MARVA D IROQUOIS AVE LARGO, FL SEELEY, JOHN W SR SELMAN, EVE ND ST LARGO, FL RENNIE, MICHAEL J RENNIE, AMY D lloth TER LARGO, FL WILLETTS, GEORGE R RD ST LARGO, FL WLODARCzyK, JAN WLODARCzyK, IWONA 14198!lOTH TER LARGO, FL KING, ASHLEY lloth TER DOUBEK, ADELA M lloth TER BECKA, EDWARD D IROQUOIS AVE LARGO, FL

7 LUMIA, JOHN IROQUOIS AVE LARGO, FL OGDEN, VIRGINIA R AMENED TRE OGDEN, VIRGINIA R TRE 11040!41ST WAY LARGO, FL HITE, DAVID THOMAS TRE HITE, SHIRLEY ANNE TRE I loth TER LARGO, FL MCCORD, KAREN I loth TER LARGO, FL WILLIAMSON, CHARLES T WILLIAMSON, MARY L IROQUOIS AVE LARGO, FL

8 RESOLUTION NO. RESOLUTION VACATING A FIFTEEN FOOT DRAINAGE AND UTILITY EASEMENT LOCATED IN LOT 12 AND THE WEST 38 FEET OF LOT 13, OAKHURST ACRES - FIRST ADDITION SUBDIVISION, LOCATED IN SECTION 18, TOWNSHIP 30, RANGE 15, AS RECORDED IN PLAT BOOK 64, PAGE 92, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. WHEREAS, James V. Steele and Mimi H. Steele, 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 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.

9 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 1M. J~ By. Attorney

10 SECTION 18, TOWNSHIP 30 SOUTH, RANGE 15 EAST, PINELLAS COUNTY. FLORIDA Sketch of Legal not a Survey LEGAL DESCRIPTION: THAT PORTION OF THE 15 FOOT PLATTED UTILITY AND DRAINAGE EASEMENT DESCRIBED AS FOLLOWS: THE EAST 7.50 FEET OF LOT 12, BLOCK 3, TOGETHER WITH THE WEST 7.50 FEET OF THE WEST FEET OF LOT 13, BLOCK 3, OAKHURST ACRES 1st ADDITION AS SHOWN ON THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 64, PAGE 92, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 7.50 FEET THEREOF. 1-..:(..J 0.. CERTIFIED TO: JAMES V. STEELE MIMI STEELE ~ L=73.17' R=175.00' '5 7'24. C LEN=72.64' BRG-S 76'58'42" E IROQUOIS AVENUE 50' RIGHT-OF-WAY I '23" E ;::r-39.26' FP5tr UTIUTY AND DRAINAGE EASEMENT ' --I-----,23,.4~'--1 (PLAT) Jg PROPOSED 15' /----.jl-,.21111'~.,.--" '. EASEMENT VA CA TlON ONE STORY~ MASONRY RESIDENCE # L 0 T -12- ~.. 8.,... L 0 T ;;t -13- ~, :-? ~:,~~ LOT L 0 C K L, ~ --- ~O_T~~Q:;""~- li E!:! FUTIUTY AND~~;;:;;:; - C»tw -7- I N 88"57'17" W ' L 0 T -6- L 0 T GRAPHIC SCALE 0' 30' ' 90' ~ ,-J~,~ ~ 1'1 'N p -5- DATE: 09/24/ FOREST I.AKES BOf.JlEVARD ~ R.ORDI31877 (127) 73IU.2tl6 FAX (727)

11 Petition to Vacate File No.: 1469 ~ tuttimn liothtirrn N! Map & Subject(s) are Reference Only NOT TO SCALE Pinellas County Real Estate Management Real Property Division