Consent Agenda D Regular Agenda BOARD OF COUNTY COMMSSONERS D DATE: June 24, 20~ L AGENDA TEM NO. ~ Public Hearing ~ Quasi-Judicial Petition to Vacate a Portion of an Easement Submitted By: Property Address: File No.: Department: Real Estate Management William & Connie Soller 7645 Harbor View Way Seminole, Florida 33776 455 Staff Member Responsible: Paul S. Sacco, Director Recommended Action: RECOMMEND THE BOARD OF COUNTY COMMSSONERS (BCC) CONSDER GRANTNG THE PETTON TO VACATE A PORTON OF THE 25 FOOT EASEMENT, AND F GRANTED, ADOPT THE ATTACHED RESOLUTON PURSUANT TO FLORDA STATUTE 77.0, AND AUTHORZE THE CLERK TO RECORD THE RESOLUTON N THE PUBLC RECORDS OF PNELLAS COUNTY. Summary Explanation/Background: This subject petition seeks to vacate a portion of a twenty-five (25) foot drainage easement located in Lot 3, Block Crossing at the Narrows Subdivision, Official Records Plat Book 92 Page 26 in Section 30/30/5, 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 the need to seek a variance. Additionally, Letters of No Objection have been received from Bright House, WOW!, Pinellas County Utilities, Duke Energy (Distribution), Duke Energy (Transmission), TECO and Verizon. The Petition was properly advertised in accordance with Florida Statute 77.0 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 BCC. Revised 07-8-03 Page of2
Fiscal mpact/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 07-8-03 Page 2 of 2
CONTRACT REVEW TRANSMTTAL SLP PROJECT: William & Connie Boller TYPE: Quasi-Judicial Petition to Vacate a portion of an Easement Date: 6/24/204 ESTMATED EXPENDTURE/REVENUE: $ 750.00 (Circle appropriate choice above.) n 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 NK. Upon completion of your review, please complete the Contract Review Transmittal Slip below and call 464-3672 at so that it can be picked up and taken to the next Review Authority on the list. Review Authority Review Date Review Signature Comments ncluded/ Addressed nitial & Date Real Property Di v. (Sean Griffin) ~ Real Property Div. (Dave DelMonte) Real Est. Mgmt (Paul Sacco) DE (Tom Farrand) 5/29/204 Approved in CATS Legal (Michael Zas) County Admin. (JOe Lauro- -) X X X X &f~ lg:;i' v/3/!' _j_ s ~ ~""' k "'~'f4...j'( ~.>'-' "~ ~ ~:-- e's h t:'.,...f),_ -r-..- 'j ~ 0 Release/Termination/ Amendment FS 77.0 -Vacation FS 336.09/0/2 -ROW Advertisement to Board Records Scheduled Board Date Complies with Section 8 Real Estate Procedures 3.2.2 Notification Please return to Real Estate Management Department, Real Property Division by ----...:~'L-:2:.::0:.;:;..:.4 All inquiries should be made to CYNTHA HARRS at telephone extension 43773 or 4-3672.
SUBMTTED TO THE BOARD OF COUNTY COMMSSONERS OF PNELLAS COUNTY, FLORDA PETTON TO VACATE, PLAT OR PORTON OF PLAT (EASEMENT) Comes now your Petitioners, William D. Boller and Connie P. Boller 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 ) 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. hereby swear and/or affmn that the forgoing statements are true: hereby swear and/or affmn that the forgoing statements are true: STATE OF FLORDA COUNTY OF PNELLAS Sworn to (or affmned) and subscribed before me this 3? day of M9.Aj_, 20 f, by William D. Boller!Vld Connie P. Boller. He/She is personally known to me, or has produced 0~ \le.f.s Lc ~ as identification, and who...-cdid not) take an oath. CYNTHA M HARRS NOTARY PUBliC STATE OF FLORDA Ccmmlll FfiOirll Ellplrea 8207 NOTARY SEAL NOTARY ~~~~~--~--L-~~--~ ~imname~~~~~~-~~~l _ My Commission Expires: Commission Number:
EXHBT '!A DESCRPTON: SECTON 30, TOWNSHP 30 SOUTH, RANGE 5 EAST LEGAL DESCRPTON AND SKETCH PROPOSED PARTAL EASEMENT VACATON A PORTON OF LOT 3, BLOCK, CROSSNG AT THE NARROWS, ACCORDNG TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 92, PAGES 26 THROUGH 29 OF THE PUBLC RECORDS OF PNELLAS COUNTY, FLORDA BENG DESCRBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAD LQT 3 AND RUN THENCE N.88.32'20"W. ALONG THE NORTH LNE OF SAD LOT 3 A DSTANCE OF 6.00 FEET FOR A PONT OF BEGNNNG; THENCE CONTNUE ALONG SAD NORTH LNE N.88.32'20"W. A DSTANCE OF 9.00 FEET; THENCE RUN S.00"4B'OO"W. ALONG THE WEST LNE OF A PLATTED 25 FOOT WDE DRANAGE AND UTLTY EASEMENT A DSTANCE OF 78.3 FEET TO THE SOUTH LNE OF SAD LOT 3; THENCE RUN S.84 5'30"E. ALONG SAD SOUTH LNE A DSTANCE OF 9.03 FEET; THENCE RUN N.00.48'00"E. ALONG A LNE 9.00 FEET EAST OF AND PARALLEL TO THE WEST LNE OF SAD EASEMENT A DSTANCE OF 78.80 FEET TO A PONT ON THE" AFOR[SAD NORTH line OF SAD LOT.3 AND THE PONT OF BEGNNNG. N NVV N: sw SE s NORTH BASS: ASSUMED SCALE: ' = 30' CONTANNG 706 SQUARE FEET MORE OR LESS. Lot 2 : ABBREVATON: 25' Point of ct = centerlne Paint of : (M) = MEAsuRED Beginnin~~~ Commencement PC = PONT OF CURVATURE t....,;n 88"32'20"W 4.23' \. (P) = PLAT ""-= ---rt9: PT = PONT of NORTH TANGENC~... CU~VE p~ : LNE of LOT 3 t oo, 6.oo ~~>- o \.l l~ ' i == <: ~!:'-' #7645 HRRBOR VEW ~~ Of~~-- "' 0 "-- fv?>. \ \ WRY NORTH JO ~ J-< """ ~0 ~ " ~ ;:,~ ~.OCOJJ 3 ""' : L o t 3 l ', ~5 ~ z~ 2-~.C\ 3: &. <n.. u.. 0 G., B k 0 Q C g Of ~- 0 f ' ~ ;r io ' olio. z<~ z_lu ~-co CURVE "'""'l?""c, \....,...,_::~ - 'lit RADUS=325.00' ~ < t 0 l[) (SHADED AREA) 8 bj ~bf - < o ~ Cl) Of O< Vl 0 ARC=9.ss j;>- PROPOSED EASEMENTu.z_, io... ~ <: CHORD=9.55' ::c PT VACATON AREA t'l 2: g. NORTHEAST CORNER OF LOT 3 Lot 6 --- CHORD BEARNG=~ CURVE \ 706± SQUARE FEET _ ) N 0"2'59"W \ r-.._..r ~ ~-~"--r- 50 "'H LNE OF LOT 3 :- -~J 76TH 9 ' 03 " 6 0 6' g TERRACE ;~D~u~~s;o.oo / : "-- 72 ' DRA!A~~ ls 30? iij6 - ARC=2.2B'. r---t---------------e-~~~~~~~ NORTH 25 g~g~g=~~}~~g= r--..:::::..-~l_,,,,~,. L 0 t k--- -------, lj N 0.30'8"W(P) <±- N 0"29'23"W(M). Reviewed ty : L o t 2 5 FOR: WLLAM D. & CONNE P. BOLLER fj~te _ -~ ~ _t'-:...!a:o-.j... ~~: REVSED: 4/09/4 Basis of Bearings: Sr-N t., --~~. S.ta ~ ~.\ss -~ '" REVSED: 3/3/4 EAST LNE OF LOT 3, BLOCK AS BENG N.00"4-B'OO..,"'-"'- -- PREPARED: 5 / 4 PER PLAT. THS S NOT A SURVEY NOTE Legal Description and Sketcl'> not valid without the signature and the ' original raised seal of c Floridc ucensed Surveyor and Mapper Prepared by JOHN C. BRENDLA & ASSOCATES, NC. CONSULTNG ENGNEERS AND LAND SURVEYORS 405 82nd Avenue North Pinellas Park, Florida.3.378 phone (727) 576-7546 ~ fox (727) 577-99.32 SHEET OF
PROPERTY OWNER COURTESY NOTFCATON LST FOR FLE #455 WLLAM D. BOLLER CONNE P. BOLLER 7645 HARBOR VEW WAY SEMNOLE, FL 33776 PETTONER ADJACENT PROPERTY OWNERS NOTFCATON LETTER SENT TO THESE OWNERS BY THE CLERK OF THE CRCUT COURT- BCC RECORDS DVSON REAL PROPERTY DVSON Attn: CYNTHA M. HARRS 509 EAST AVENUES CLEARVVATER,FL 33756 BOLLER, WLLAM D BOLLER, CONNE P 7645 HARBOR VEVV VVAY SEMNOLE, FL 33776-378 BRODE, lan BRODE, HOLLY A 7573 HARBOR VEVV VVAY SEMNOLE, FL 33776-376 HTCHNGHAM, MCHAEL L 3890 77TH AVE SEMNOLE, FL 33776-373 AUTREY, DANEL L AUTREY, MCHELE B 759 HARBOR VEVV VVAY SEMNOLE, FL 33776-376 MCFARLAND, STANLEY D 7692 HARBOR VEVV VVAY SEMNOLE, FL 33776-377 VEALE, JOHN D 7602 HARBOR VEVV VVAY SEMNOLE, FL 33776-377 EMERSON, LYNN D 397 76TH TER SEMNOLE, FL 33776-3737 KESHSHAN, JONATHAN KESHSHAN, JESSCA 7685 HARBOR VEVV VVAY SEMNOLE, FL 33776-378 MAYLE BEN, DANEL C MAYLEBEN, MARY L 7656 HARBOR VEVV VVAY SEMNOLE, FL 33776-377 STEPAN, BRAN R JR 7638 HARBOR VEVV VVAY SEMNOLE, FL 33776-377 FRANKLN, LESLE D 396 77TH AVE SEMNOLE, FL 33776-3733 HTCHNGHAM, MCHAEL 3899 76TH TER SEMNOLE, FL 33776-3730 EASTRDGE, DEVVEY 7600 38TH ST SEMNOLE, FL 33776-387 KELLNER, RONALD E KELLNER, PATRCA A 7674 HARBOR VEW VVAY SEMNOLE, FL 33776-377 SUTON, CHARMANE L 7578 HARBOR VEVV VVAY SEMNOLE, FL 33776-375 FENTRESS, ROBERT C FENTRESS, BARBARA J 7663 HARBOR VEVV VVAY SEMNOLE, FL 33776-378 SKLADZEN, BOGUSLAVV SKLADZEN, BARBARA 43TH ST BELLEAR BEACH, FL 33786-3304 BARLOVV, DAVD R 7620 HARBOR VEVV VVAY SEMNOLE, FL 33776-377 YEAGER, MARY K 7627 HARBOR VEVV VVAY SEMNOLE, FL 33776-378 MARR, MCHAEL A MARR, BRENDA D 7609 HARBOR VEVV VVAY SEMNOLE, FL 33776-378
RESOLUTON NO. RESOLUTON VACATNG A PORTON OF A 25 FOOT DRANAGE EASEMENT LOCATED N LOT 3, BLOCK, CROSSNG AT THE NARROWS SUBDVSON, LOCATED N SECTON 30, TOWNSHP 30, RANGE 5, AS RECORDED N PLAT BOOK 92, PAGES 26 THROUGH 29, OF THE PUBLC RECORDS OF PNELLAS COUNTY, FLORDA. WHEREAS, William D. Boller and Connie P. Boller, 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 77.0 of the Florida Statutes, has been received by the Board of County Commissioners.
NOW, THEREFORE, BE T 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 T 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 VOTNG: APPROVED AS TO FORM OFFCE OF COUNTY ATTORNEY BY fmj~e:-v R:\Real Property\ VACATONS AND RELEASES\PETTONS-PENDNG 400'S\File# 455-V Boller\Board Packet\Resolution.doc
DESCRPTON: SECTON 30, TOWNSHP 30 SOUTH, RANGE 5 EAST LEGAL DESCRPTON AND SKETCH PROPOSED PARTAL EASEMENT VACATON A PORT/ON OF LOT 3, BLOCK, CROSSNG AT THE NARROWS, ACCORDNG TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 92, PAGES 26 THROUGH 29 OF THE PUBLC RECORDS OF PNELLAS COUNTY, FLORDA BENG DESCRBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAD LQT 3 AND RUN THENCE N.88.32'20"W. ALONG THE NORTH LNE OF SAD LOT 3 A D/ST ANCE OF 6.00 FEET FOR A PO/NT OF BEGNNNG; THENCE CONTNUE ALONG SAD NORTH UNE N.88.32'20"W. A DSTANCE OF 9.00 FEET; THENCE RUN S.00.48'00"W. ALONG THE WEST LNE OF A PLATTED 25 FOOT WDE DRANAGE AND UTLTY EASEMENT A DSTANCE OF 78.3 FEET;TO THE SOUTH LNE OF SAD LOT 3; THENCE RUN S.84 5'.30"E. ALONG SAD SOUTH LNE A D/ST ANCE OF 9.0.3 FEET; THENCE RUN N.00.48'00"E. ALONG A LNE 9.00 FEET EAST OF AND PARALLEL TO THE WEST LNE OF SAD EASEMENT A DSTANCE OF 78.80 FEET TO A PO/NT ON THE AFORESAD NORTH LNE OF SAD LOT 3 AND THE PO/NT OF BEGNNNG. w N s NORTH BASS: ASSUMED SCALE: ' = 30' E CONTANNG 706 SQUARE FEET MORE OR LESS. ABBREVATON: ([_ = CENTERLNE (M) = MEASURED PC = PONT OF CURVATURE (P) =PLAT PT = PONT OF CURVE RAD/US=325.00' TANGENC~ = ~ L...>- F=;l r < >~=f 0~ ~-;y~l 0~6 ~~~0 ~ < t o.n < ~ = ARC=9.55' CHORD=9.55' CHORD BEARNG= ~ N 0.2'59"W ~ CURVE 2 RADUS=500.00' ARC=2.28' CHORD=2.28' CHORD BEARNG= N 0.30'8"W(P) N 0"29'23"W(M) 25' CURVE 2 PC CURVE 0 0 Cl) PT Lot 2 i r{. Point of Pou."}.t of~~ \ Commencement Begnnng : \ NORTHEAsT corner..,.n 88"32'20"W 4.2 3 ' : OF LOT.3 \ NORTH LNE OF LOT.3 ---ris.oo' 6.00' ~ #7645 HRRBOR VEW WRY NORTH Lot 3 Block 0> 0 ~ z 0) >- 0~ Lot 6 tl.t: >a..!2 Ol :::!- ') > col ~~~-~ w - " ~l::>ll.. 2;.OXliJ.J -co Oo: _J > ~ 2:. 3:: &. <a..!.>. 0 C:,l &. 0 0:::: 0? ~l ~!z w ~ 0 co ~~ ~~~ ~ ~ ll - (SHADED AREA) gl ol ~~ >- o ~ ~ PROPOSED EASEMENT(jl ~: ~~ ~i': o J: VACATON AREA [' \ z: 706± SQUARE FEET -_J) l -- ;.,.._zs:;:::_h LN[ OF LOT 3 i :~J i 76TH : \ 2 DRA~A~rls 30= rrn 6 l9.o.j 6.06' gj TERRAcE r---+-------- EASEMENT\ NORTH 25' ----------- -- -]! r-... Lot -:;. ---- t r_j ~eviewed by: ~ r:... i FOR: WLLAM D. & CONNE P. BOLLER,Jate ---=S.,-(a,-::'Li:(~...L SFN # S""...t -=-:~:-, Basis of Bearings: --v l- ~""\S$ EAST LNE OF LOT.3, BLOCK AS BENG N.OO".ii B'OO E.. PER PLAT. HS Lot 25 i REVSED: 4/09/4 \ ~~~~SAE~[o 3 ~/~J 4 il S NOT A SURVE~_j ~-~-~ l ega! Description ond Skeicr not vaiid withou: the sgnoture a~d : c-! original raisea seal o c >'"lorida.censed Su vevo one' Mappe ' "'. ( 'lfl oo ;'t. c ~S:.oD D ' "':>0 PreDor-ec; by. JOHN C. BRENDLA & ASSOCATES, NC. CONSULTNG ENGNEERS AND LAND SURVEYORS 405 82nd Avenue No t,'o Pinellas Park, F'"iorida JJ78 ' phone (72 576-7546 ~ fax (727) 577-9932, SHEET OF
Petition to Vacate File No.: 455 M.WN W:k\OJ' 'l<au - N! Map & Subject(s) are for Reference Only NOTTOSCALE Pinellas County Real Estate Management Real Property Division