R-11-224-V RESOLUTION DECLARING A PUBLIC HEARING TO CONSIDER AN APPLICATION TO VACATE A STREET, ALLEYWAY, ROAD OR HIGHWAY PURSUANT TO SECTIONS 336.09, ET SEQ., FLORIDA STATUTES, AND SECTION 911, LAND DEVELOPMENT CODE, MANATEE COUNTY, FLORIDA
WHEREAS, an application has been filed before the Board of County Commissioners of Manatee County (the "Board"), Florida, to renounce and disclaim any right of the County and public in land acquired for a street, alleyway, road or highway. Said application being made by Kenneth L. and Sharon E. Thomas (the "Applicant"}, and WHEREAS, said application has been found, upon review by the County Attorney's Office, to be legally sufficient and of sufficient form for presentation to and action by the Board, and WHEREAS, the Applicant seeks the vacation of property located in an unincorporated area of Manatee County, Florida, and described as follows:
See EXHIBIT "A" Attached Hereto
NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Manatee County, Florida, that a public hearing will be held before the Board in the Commissioners' Chambers on the 1st Floor of the Manatee County Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, at 9:00 a.m., or as soon thereafter as same may be heard, on the 6th day of December 2011 to consider the advisability of granting said application, or some portion thereof. All interested persons, firms, corporations or other entities and organizations shall govern themselves accordingly. In accordance with Section 286.0106, Florida Statutes, any person desiring to appeal a decision made with respect to any matter considered at this hearing, that person will need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Rules of procedure for this public hearing are in effect pursuant to Resolution 94-90. Copies of this Resolution are available for review at the Citizens Action Center on the ninth floor of the County Administration Building, 1112 Manatee Avenue West, Bradenton, Florida, and are available for purchase, at cost, at the County Administrator's Office. DULY ADOPTED, with a quorum present and voting, this ~ay of ~C 2011.
BOARD OF COUNTY COMMISSIONERS MANATEE COUNTY, FLORIDA
ATTEST: EXHIBIT "A" Curve nuMber l
Rod/us= 550.00 Delta= 06.20'26' / : I I I I I I i W£ST BOUNDARY : ! -z+ .-. _/_ -.-. -. -. -. _ 122'(P) - . - . - . - . - . _yBLDCK C 1 ,_,. I i I I I I ) ~ , I LOTIS i ~I ~, ~ I BLOCK c I 2; 2; !.li I NOT /NCLUD£0 '"' lit: iii' ~ "' ~; ~I ~/ ~ " I ~~; ljl lji ~ : PO~T OF------1 : t' t..i ·rB£GINNIN6 EAST 720.00'(C) I I SW CDRN£R 120'(P) 1 I I LOT 15 BLOCK c I I~.tH--"*'-==-==--==--==-if=--=~B~A,;;;:Sc;IS;;.,;;:D::.,'F,:B;;;£-.A:,;R,;;,IN,;;;:ic;-.,.i::::!:o--==--==-~--===--==r--- _ _ RIGHT f!! _lof~ "-.SDUTH LIN£ LOT 15 BLOCK C ~ 1ST A VENUE WEST\ ~ ;:x: STEWART STR££T t ':" 1ST A VENUE WEST b ..,;;: 25' (1/2) PUBLIC ROWI : .~ STEWART STR££T " ~ ~ 18' ASPHALT PA V£H£Nf - ~ "- SOUTH£RL y 25' (1/e) PUBLIC ROW ~ (/) PLAT ---C~~-=r_ - +- - ,~--__~£.s:X=-T:c:E•NS•L•DN-=-=:~---c=-=-•Z9"'"~ ..~::o'l'f~~!!'l'!g~v~~~~·%~"--=-<=--~-=--._ - --_ ___!!!_UN_!ARY' C£NT£RL!N£'"' PHYSICAL WEST 7 78.53'(C) STR££T INT£RS£CTION NOTES SKETCH OF DESCRIPTION 1.THIS SKETCH DOES NOT CERTIFY OR WARRANTY: TITLE, ZONING, EASEMENTS LEGAL DESCRIPTION : OR FREEOOt.4 Of ENCUMBRANCES. 2.THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR EASEMENTS BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK C, THAT ARE NOT RECORDED ON SAID PLAT THAT MAY BE FOUND HARBOR CREST, AS PER PLAT THEREOF RECORDED IN PLAT IN THE PUBUC RECORDS OF THIS COUNTY. BOOK 4, PAGES 79 AND 79A, OF THE PUBLIC RECORDS OF MANA T££ COUNTY, FLORIDA, THENCE EAST ALONG THE 3. THIS IS A SKETCH Of DESCRIPTION, NOT A BOUNDARY SURVEY OR SOUTH LIN£ OF SAID LOT 15, BLOCK C, A DISTANCE OF OR TO BE USED AS SUCH. 120.00 FEET; THENCE SOUTH 25.00 FEET TO THE CENTER OF 4.UNDERGROUND UTIUTIES NOT LOCATED FOR THE PURPOSE Of TI·IIS SURVEY. STEWART STREET AS PER PLAT THEREOF ( ALSO KNOWN AS 1ST AVENUE WEST>; THENCE WEST ALONG SAID CENTERLINE A DISTANCE 118.53 FEET TO A POINT ON THE SOUTH£RL Y EXTENSION OF TH£ £AST£RL Y RIGHT OF WAY LIN£ OF CRESCENT DRIVE AS SHOWN ON SAID PLAT, ( ALSO KNOWN CERTIFlCA TION : AS 4TH STREET COURT WEST>; THENCE N.03.21'56'W. ALONG I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS SAID SOUTH£RL Y EXTENSION A DISTANCE OF 25.04 FEET TO THE POINT OF BEGINNING. CONTAINING 2983.9 SQUARE FEET THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL HOR£ OR LESS. LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. REVISED 7-20-11 COUNTY COMMENT'S 11_M35813A NOT A CERTIFlCA TION OF TITLE. ZONlNG, EASEMENTS OR FREEDOt.4 OF ENCUMBRANCES. "UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of A FLORIDA UCENSED FLORIDA COAST SURVEYING, INC. SURVEYOR AND MAPPER llfiS ORA~NG, SKETCH, PLAT OR MAP IS FOR INFORNATIONAL PROFESSIONAL SURVEYOR'S, & MAPPER'S PURPOSES ONLY AND- IS NOT VAUD" CERTIFICATE NO. LB-0006938 P. D. BOX 20365 BRADENTON, FLORIDA 34204 BY : _ ___::.~~===~~===-=~='.~t·"'-~-:-~·---SURVEY QATE :06-24-11 941-744-9295 FAX 941-748-6751 SCOTT CRIDER, PSM #5671 TOLL FREE 1-877-531-7193 MANATEE COUNTY GOVERNMENT 25 : AGENDA MEMORANDUM Resolution R-11-224-V Application to vacate a portion of Certain Consent SUBJECT TYPE AGENDA ITEM Rights-of-Way of Record for (Declaring a Public Hearing) Kenneth L. and Sharon E. Thomas DATE REQUESTED October 25, 2011 DATE SUBMITTED/REVISED October 13, 2011 CONSEQUENCES IF N/A N/A DEFERRED DEPARTMENT/DIVISIO AUTHORIZED BY Charlie Bishop, Director Property Management Department ~!/d. N TITLE Property Management Depa ment-- CONTACT PERSON Lynn Willis PRESENTER/TITLE Joaquin Servia, Manager, Property TELEPHONE/EXT 6287 TELEPHONE/EXTENSION Acquisition Division, 3021 ADMINISTRATIVE APPROVAL ;70/L- ACTION DESIRED INDICATE WHETHER 1) REPORT; 2) DISCUSSION; 3) FORM OF MOTION; OR 4) OTHER ACTION REQUIRED Adoption of Resolution R-11-224-V declaring a public hearing for the purpose of considering and acting upon an application to vacate certain unimproved rights-of-way of 1st Avenue West a/k/a Stewart Street, a 25 foot wide right-of-way dedicated by the plat of Harbor Crest, (Plat Book 4, Pages 79-79A). The public hearing is requested to be held on December 6, 2011, at 9:00a.m., or as soon thereafter. ENABLING/REGULATING AUTHORITY Federal/State law(s), administrative rullng(s), Manatee County Comp Plan/land Development Code, ordinances, resolutions, policy Land Development Code: Chapter 9, Section 911.3, Public Hearing Requirements for Vacation of Streets, Roads and Other Appropriate Property. Section 911.3.1, Public Hearing and Notice. Florida Statute: Chapter 336,Sections 336.09, et seq., Closing and Abandonment of Roads BACKGROUND/DISCUSSION BACKGROUND AND DESCRIPTION: Kenneth L. and Sharon E. Thomas reside at 101 40th Street Court Northwest in Bradenton. The vacation request involves a portion of 1st Avenue West a/k/a Stewart Street, a 25 x 95 foot wide unimproved public right-of-way dedicated by the plat of Harbor Crest, (Plat Book 4, Pages 79-79A). The vacation request is located just east of 40th Street Court West, and terminates into McLewis Bayou. A similar vacation was completed on November 30, 1993, Resolution R-93-146-V. The applicants own all property abutting the right-of-way. The subject application will be processed under the laws of Sections 336.01 et seq., Florida Statutes, and Section 911, Land Development Code. PURPOSE OF REQUEST: Currently, the applicants have maintained the area since 2008. Vacating this right-of-way would allow the applicant to utilize the area for additional yard space and improve security and safety around their property. The right-of-way proposed for vacation would serve only the applicant. COUNTY AND UTILITY COMPANY REVIEW: Appropriate County departments, agencies, and utility companies have reviewed the subject application. No relevant objection to the requested vacation was noted. FISCAL IMPACT: All expenses associated with the subject application, its approval, and recording will be borne by the Applicant. The application filing fee of $800 has been paid. RECOMMENDATION: All conditions precedent and necessary to vacate the subject have been satisfied. The vacation application complies with the minimum technical requirements of the County's Land Development Code and pertinent Florida Statutes. The adoption of R-11-224-V, a resolution declaring a public hearing for the purpose of considering and acting upon an application pursuant to Sections 336.09, et seq., Florida Statutes, is recommended. ·-"'" APPROVE 0\NUr~•~-· OC\ 2 a 20\1 Agenda Memorandum Form last revised: September 28, 2005 Agenda.wpd thomas lkw- x6287 AGENDA MEMORANDUM (continued) Page 2 COUNTY ATTORNEY REVIEW Check appropriate box ~ REVIEWED Written Comments: ~ Attached dated 10/5/2011 by RW 0 Available from Attorney (Attorney's Initials: ) 0 NOT REVIEWED (No apparent legal issues) 0 NOT REVIEWED (Utilizes exact form or procedure previously approved by CAO) 0 OTHER: ATTACHMENTS: (Listed In order attached} INSTRUCTIONS TO BOARD RECORDS: j(J} O)S? l l J ~ 1) Resolution R-11-224-V 2) CAO Memorandum 3) Vacation Application Return copy of adopted resolution to Property Management 4) Affidavits & Easements Department (8th Floor, Admin. Building), attention Lynn Willis. 5) Copy of R-93-146-V 6) Location Map COST: No cost to Manatee County SOURCE (ACCT # & NAME): N/A AMT./FREQ. OF RECURRING COSTS: COMMENTS: N/A N/A (ATTACH FISCAL IMPACT STATEMENT) cc. Rodney Wade, Deputy County Attorney Ojficeof MANATEE COUNTY ATTORNEY Jamos A. Mhtil, Chief Deputy County .\ttorncy Maureen S. Si~ora, Deputy County Attorney• Tedd N. Williams, Jr., County Attorney Robert M. Eschenfeldtr, Deputy County Attorney Rodney C. Wade, Deputy County Attorney• William E. Clague, Deputy County Attorney Jam"' R. Cooney, Deputy County Attorney Sarah A. Schenk, Dtputy County Attorney• MEMORANDUM DATE: October 5, 2011 TO: Charlie H. Bishop, PMP, Director, Property Management Department THROUGH: Tedd N. Williams, Jr., County Attorne9z"'"'. 16 />/II FROM: Rodney C. Wade, Deputy County Attorney ~~t::' d~ . 1 RE: Vacation Application #V-11-199, 1st Avenue West ak/stewart Street at 40 h Street Court Northwest (Kenneth L. & Sharon E. Thomas) RLS-11-355 Received September 27, 2011; CAO File: 8003-098 The Property Management Department has requested that the County Attorney's Office review the Vacation Application of Kenneth and Sharon Thomas along with the attached easements. FACTS: The Thomas's reside at I 01 40'11 Street Court Northwest, Bradenton. They have submitted an application for the vacation of a 25 ft. by 95 ft. unimproved public right-of-way located along 1st 1 Avenue West aka Stewart Street, located just east of 40 h Street Court Northwest, which terminates into the rear into McLewis Bayou. The Thomas's own all the property abutting the right-of-way and have maintained the area since 2008. DISCUSSION: The application contains several easements involving private utilities and the County. As previously stated, the County Attorney's Office offers no opinion on the efticiency or sufficiency of documents executed by anyone other than Manatee County for the benefit of anyone other than • Uoard Ccniticd City. Countv & Local Gowrnment Law 1112 Manatee Avenue West, Suite 969, P.O. Box I 000, Bradenton. FL 34206 (941) 745-3750 • Fax (941) 749-3089 Charlie H. Bishop, PMP, Director Property Management Department Page2 October 5, 2011 Manatee County. Therefore, the only document that the County Attorney's Office can offer its opinion is the Permanent Easement. Section 177.101 (3), F.S., provides the County the authority to vacate easements or rights-of way that are dedicated by plat for a public purpose. Further, § 336.09( l )(b), F.S., states: [County] commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon petition of any person or persons, are hereby authorized and empowered to: * * * (b) Renounce and disclaim any right of the county and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highway. Public places and rights-of-way are held in trust by the authorities for the benefit of the public to be used for public purposes; however, this public trust concept does not prevent the abandonment, vacation, or discontinuance of streets when done in the interest of general welfare. The fact that the title to the public place vacated in the interest of the general welfare or discontinued may revert to the adjacent landowner is of no consequence if power to vacate is present and such power is lawfully exercised. Sun Oil Company v. Gerstein, 206 So.2d 439 (Fla. 3d DCA 1968). Property Management Department makes reference to a similar vacation on the other side of the bayou, R-93-146-V, adopted on November 30, 1993, and recorded in Official Record Book 1422, Page 2895, et seq., Public Records of Manatee County, Florida. That same vacation was also noted in the Jurisdictional Review completed by the Highway Engineering Division, Public Works Department: "This vacation aligns with previous one on east bank, so roadway crossing is not planned. It should be noted that it appears private structures are constructed within the existing right of-way and proposed drainage easement that Storm water Division will be requested." While the facts surrounding the 1993 vacation are unknown, it must be noted that Resolution S7-80, Resolution Adopting a Policy on Vacation of Rights-of-Way Extending to Public Wuters, adopted by the Manatee CoW1ty Board of County Commissioners on June 26, 1979, prohibits the vacation of land that extends to public waters. Specifically, the Resolution states: Charlie H. Bishop, PMP, Director Property Management Department Page 3 October 5, 2011 NOW, THEREFORE BE IT RESOLVED by the Board of County Conunissioners of Manatee County, Florida, that the County of Manatee, Florida, shall make every reasonable effort to preserve and retain any right, title, interest, claim or demand it may have in and to any public street. road, thoroughfare, way or any other right-of-way adjoining, abutting or extending to any public waters; and the County shall not, under nonnal circumstances, convey, donate, transfer, vacate, abandon, terminate, disclaim or otherwise release any right, title, interest, claim or demand it may have in and to any such rights-of-way, except upon a specific finding and determination by the Board of County Commissioners that any one or more of the following exists: 1. That the County does not have a real or substantial interest in or to a particular right-of-way and the purported right, title, interest, claim or demand of the County therein may create a defect in or a cloud upon the title to a particular real property vested of record in one or more persons, firms, corporations or other entities. 2. That the County is required by law to disclaim or otherwise release any right, title, interest, claim or demand of the County in and to any such particular right-of-way. 3. That the benefits to be derived to the County and to the public in any particular transaction are greater or more important than the retaining or holding of some particular right-of-way by the County (emphasis added). The County Attorney's Office only references the old Resolution as a reminder. Stormwater Engineering Division, Public Works Department, noted that if the Vacation Application was approved, the existing right-of-way would need to be replaced in its entirety by a Drainage Easement, as there is an existing drainage culvert running west to east through the area that discharges into McLewis Bayou. Staff would need to have access to the junction boxes. grate inlets, and baffle box which are located between 40111 Street Court Northwest and the bayou. As stated above, the application contains a proposed Permanent Easement that would provide the County with access. Further, Planning/Administrative Review Division, Building and Development Services Department, found that: Charlie H. Bishop, PMP, Director Property Management Department Page4 October 5, 2011 From a zoning standpoint, vacation of the 25 foot platted right of way will increase lot area and lot width and appear to make the lot conforming to current RSF-3 lot size requirements. Also, a detached garage was nonconforming to both the front (40th Street Court NW) yard setback and platted Stewart Street setback based on the survey provided by Mr. Thomas. Vacation will provide relief only to the Stewart St. encroachment. As the vacation of the right-of-way would partially correct the issue surrounding the Thomas's detached garage, it is not known how the garage's nonconformity as to the 40th Street Court Northwest setback will be resolved. CONCLUSION: As the Permanent Easement and the application packet appear to be proper, the application is ready to be presented to the Board of County Commissioners. The Board will have to determine if the area sought for vacation meets any of the exceptions of Resolution S7-80 in ordc:r for it to be approved. This completes my response to your Request for Legal Services. Please contact me if you have any questions or if I can be of further assistance. RCW/pan/slm cc: Ed Hunzeker, County Administrator Joaquin Servia, Manager, Property Acquisitions Division Lynn Willis, Real Property Specialist, Property Acquisition Division S·\rwade\RLS\1011\BishopC _Thomas_ VacationArp_ll-:\55 doc Application File#: "i..::J..i-/~ APPLICATION TO VACATE PLATS, RIGHTS-OF-WAY & PUBLIC EASEMENTS Application is hereby made to the Board of County Commissioners, Manatee County, Florida, requesting the vacation of certain county and public interests in property situated within an unincorporated area of the county. APPLICANT: Provide names I of ALL owners Kenneth L. Thomas and Sharon E. Thomas of record '-·------__) APPLICANT CONTACT [principal only]: ~~~------~ StreeUP 0 Box ICoty, State, Zip Code Mailing Address: I 101 -40th Street Court NW Bradenton, FL 34209 ~======~ Day Telephone#: 1941-792-7187\ Fax#: 1941-747-6035\ E-mail:'-\k_th_o_m_a_s__,@=-m-'-jc__!.p_a_.c_o_m ______J SPECIFIC INFORMATION ON PROPERTY TO BE VACATED [the "Subject Property"]: Check ALL RIGHT-oF-WAY: D Improved (8] Unimproved D DEEDED PROPERTY [provide copy of recorded document] that apply EASEMENT: D Utility D Drainage D PLATTED PROPERTY [e.g.; tract, lot, easement, right-of-way] 1 LEGAL DESCRIPTION OF SUBJECT PROPERTY [sketch or survey of the area to be vacated is required]· If additional space is needed, attach separate page and See Attached Survey identify as EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL(S) CONTAINING OR ABUTTING SUBJECT PROPERTY If additional space is needed, attach Lot 15, Block C, harbor Crest, as per plat thereof recorded in plat book 4, pages 79 and 79A, separate page and identify as of the public records of Manatee County, Florida EXHIBIT "B" LOCATION OF SUBJECT PROPERTY OR NEAREST LOCATION THERETO: Street address of property or nearest local ion. Parcel ID #(s): 101 40th St. Ct. NW, Bradenton, FL 3562500003 SPECIFIC REASONS & JUST/FICA T/ONS SUPPORTING REQUEST (statement required]: --Subject property to which vacation is requested abuts parent tract. if additional --The only other abutting property is St. Stephen's school (which is in the City of Bradenton) space is needed, attach separate and county rights of way. labeled page --The subject property has been maintained continuously for in excess of 30 years by the owner of the parent tract. **{~t=ot=> C..nntinJt:::at,nn D<>nc\** PERMITS (applicable county permits only]: • Are any plans presently under review by Planning or Building Department? DYes (8] No D Not applicable • Has application for permit been approved? DYes D No If "Yes," date approved.\ ------] #: c------, AREA UTILITIES [provide names of utility companies serving local district]: Electric: I FPL \ Fuel: I n/a \ Telephone: .__I_V_er_iz_o_n_---' Cable: Verizon PROFESSIONAL REPRESENTATION IJf applicable]: Representative: L =:J Form _ 1 [Sir;;eUP 0 !lox -----J JCuy siate, Zop Code Mailing Address: L ~======~---~======~- ~~======~ Telephone#: '------' '------' E-mail. L_------' Rev. 0312009 Application Continued on Page 2 STATE OF Florida COUNTY OF Manatee The Applicant and/or Attorney in Fact for the Applicant declare and affirm that: S The Applicant has a fee interest in the property in which a vacation action is being requested, and that said property is not subject to any delinquent or unpaid ad valorem taxes. special assessments, or other improvement liens. S No portion of the property to be vacated constitutes or was acquired for a state or federal highway, nor will the vacation of said property deprive any entity of its legal rights, as a property owner, in adjacent or nearby properties. S It understands the County of Manatee. Florida, its Board of County Commissioners, reviewing agencies. and its employees or agents will not assume responsibility or liability for any matter that is the responsibility of the Applicant. S In making application, the Applicant specifically consents to the physical inspection of the properties described herein, the validating of the information attached hereto, and the providing of such additional information as may be deemed necessary to assist the Board of County Commissioners in its consideration of and action upon the requested action for vacation. S It releases County of Manatee, Florida, its Board of County CommiSSioners. employees and agents from any and all claims for damages that may result from acts occurring directly as the result of the Applicant's petition. $ It understands a vacation of public property by the County Commission may affect substantial interests in real property and other proprietary rights. $ It assumes full and complete responsibility for compliance with the requirements of the law and all procedures arising out of any proceedings instituted by or on behalf of the Applicant. s It understands the application fee is not refundable in the event the application is withdrawn. cancelled or denied. The undersigned, having been duly sworn, deposes and says that it has read the foregoing application and attachments thereto, knows the content thereof, and that the matters and information set forth therein are true and correct. WITNESSES: (an Applicant may not act as a witness for another) APPLICANT:------PRINT NAME IF OTHER THAN AN INDIVIDUAL PERSON OR PERSONS ~\!A~ '"~" ~,;.,.2, .. "~' ,.. "" -~' PRINTED NAME (mdude trtle of authonzed md!VIdual) STATE OF REGISTRY lo I 'Io-ta-. ~.(our+ NW CITY, STATE. ZIP CODE ' 'N' ·:ZC\ l--I' g-( fELEPHONE NOTE: Only an authorized individual (o.g., officer, gonoral partnor, manager) may sign on behalf of an entity othor than an indivi al porson or persons. The title of tho signing authority and ontlty's state of r gl try u t be identiflod above. PRINTED NAME Atrach additional signaturo pagos as needed PRINTED NAME ATTORNEY IN FACT: (a power of attorney must be attached) SIGNATURE OF WITNESS SIGNATURE OF A rTORNEY PRINTED NAME PRINTED NAME SIGNATURE OF WITNESS NAME OF FIRM PRINTED NAME MAILING ADDRESS CITY, STATE. ZIP CODE Two witnesses required for each participant's and attorney's signature TELEPHONE FAX ;!J. The foregoing instrument was acknowledged before me this the~ day of _..::s:...v__:A4t__: _____ 20_1_1_ by J~'i-NIJ Speci:fic Reasons & Justification Supporting Request {continued) --The subject property is watered by the sprinkler sy~tem and w~ll of the parent tract. --The subject property is in effect a continuation private yard of the parent tract and there are security and safety issues. --Vacation will increase the assessed value resulting in increased revenue to the County. --There is a precedent for this vacation request. The property directly across the bayou has the same situation (i.e., the same right of way) and the County vacated it. --1 am not aware of any public need for access to the subject property nor am I aware of the public accessing it. F.XlHBTT "A" Curve nul'lber UP> Radius= :550.00 Delta"" 06•20'26'(H) Arc= 6NP>60.86(H) Chord= 60.83(H> Chord Brg. N.OJ"06'34'E. Curve nut'lber 2(C) Radius"' 550.00 I Delta= 02.36'33' Arc= . _ . _ . _ . _ . _ . Y,.iBLOCK C(P) : 'I I I (: ~ .j I LOT 15 : ~I ~I ~ I BLOCK c I ~: ~· ~ ~ I NOT INCLUDED "'I !.:il I::!/ ' ~! ~ ;t ~ v I !QI ~~ ~, ~ : ~,,.,------~ : 1 · /fBf.,Giffff!/::f:R 1 EAST 120',2,.o.oo'(c) 1 • 1. LOT 15 BLOCK C (, '> I \ I BASIS OF B£ARIN(i-.... I •A )<., 1ST A VENUE ~.,.ot--t-==--=>=-cz:::o-=-=-~IIIPF-5DU..,.,;1i-H~L~IN£-L=O,;;:T:o:;1;;;.;5~B::;t.D~CK-Co:::s:::o-==--==-=--=~~-- -- RIGHT I!! _I.'~ STEWART STRE£1 (P)! ..-. 1ST A"'E'NTT'C' 'IITP'ST ~~ 25' (J/2) PUBLIC R01r1 ', ~ ,., V£1 "c.' C) - 18' ASPHALT PAVEH£NT ~ - STEWART STREET (p) ~ C) ______--.. _ \- 'r---~UTH£RL y 25' (1/2) PUBLIC ROll ~ V) PLAT CENTERLIN£..r 1- - EXTENSION UNIMPROVED ·, ....--=-=---=-.,.--=-=-•29;,;8;.:3.:111119E::S~Q~, ~F~T!;,,:I:~~-c=.-=--~-=--~ _ -- _ ___!!!_UN_!ARY' CENTERLJN£.7 PHYSICAL WEST 118.53'(C) STREET INTERSECTION NOTES SKETCH OF DESCRIPTION 1.THIS SKETCH DOES NOT CERTIFY OR WARRANTY: TITLE, ZONING, EASEMENTS LEGAL DESCRIPTION : OR FREEDOU OF ENCUMBRANCES. 2. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR EASEMENTS BEGIN AT TH£ SOUTHWEST CORNER OF LOT 15, BLOCK C, THAT ARE NOT RECORDED ON SAID PLAT THAT MAY BE FOUND HARBOR CREST, AS PER PLAT THEREOF RECORDED IN PLAT IN THE PUBUC RECORDS OF THIS COUNTY. BOOK 4, PAGES 79 AND 79A, OF TH£ PUBLIC RECORDS OF MANA T££ COUNTY, FLORIDA, TH£NC£ EAST ALONG TH£ 3. THIS IS A SKETCH OF DESCRIPTION, NOT A BOUNDARY SURVEY OR SOUTH LIN£ OF SAID LOT 15, BLOCK C, A DISTANCE OF OR TO BE USED AS SUCH. 120.00 F££T; TH£NC£ SOUTH 25.00 F££T TO THE CENTER OF ' 4.UNDERGROUND UTIUTIES NOT LOCATED FOR THE PURPOSE OF THIS SURVEY. STEWART STR££T AS PER PLAT THEREOF ( ALSO KNOWN AS 1ST AVENUE II£ST>; TH£NC£ WEST ALONG SAID C£NT£RLIN£ A DISTANCE 118.53 F££T TO A POINT ON TH£ SOUTH£RL Y EXTENSION OF THE £AST£RL Y RIGHT OF WAY LIN£ OF CRESCENT DRIVE AS SHOWN ON SAID PLAT, ( ALSO KNOWN CERTIFICATION : AS 4TH STR££T COURT II£ST>; THENCE N.03•2J'56'11. ALONG I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS SAID SOUTHERLY EXTENSION A DISTANCE OF 25.04 F££T TO TH£ POINT OF BEGINNING. CONTAINING 2983.9 SQUARE F££T THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL HOR£ OR LESS. LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE COOE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. REVISED 7-20-11 COUNTY COMMENT'S 11 M.3581.3A NOT A CERTIFICATION OF TITLE, ZON!NG, EASEMENTS OR FREEDOU OF ENCUMBRANCES. "UNLESS IT BEARS THE SIGNA TUR£ AND THE ORIGINAL RAISED SEAL Of' A FLORIDA UCENSED FLORIDA COAST SURVEYING, INC. SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PROFESSIONAL SURVEYOR'S, & MAPPER'S PURPOSES ONLY AND IS NOT VAUD" CERTIFICATE NO. LB-0006938 P. D. BOX 20365 BRADENTON, FLORIDA 34204 BY : -~;a:z: SURVEY DATE :06-24-11 941-744-9295 FAX 941-748-6751 SCOTT CRIDER, PSM #5671 TOLL FREE 1-877-531-7193 stewart title l'ik \n.: 1106::'.89 OW:\'ERSHIP AND ENCUMBRANCE REPORT THIS CERTIFIES. that aCCllrding to the records in the Oftice of the Clerk of the Circuit Court •)f' Manatee County. State l)t' Fh1rida. as of 06107120 II r{i 08:00 A~. Kenneth L. Thomas and Sharon F. Thomas. hy virtue nf cnnveyanc~.: recorded 0 I /06/2009 in Ofticial Records Book 2284. Page 9.Qi. of the Public Record~:; of Manatee Ctlllnty. Florida. is/are the apparent record owner(s) of the foiiO\ving described land ( hen:inatkr reterred to as the "Property"), situate. lying and being in the County of Manatee. State of Florida. to-wit: LEGAL DFSCRIPTrON: Lor 15. Hinck C HARBOR CREST. according to the map or plat thereof as recorded in Plat Book 4. Page 7l>. of the Public Records of Manatee County, Florida. Sl!B.JE:CT TO THE: FOLLOWING: I. TaX<'S and assessments for the year 2010 under Tax J.D. Number 35(i2500003 showing~ ~ross amount of S2,387AO \'H~re paid in the amount of $2,291.90 on I 1/29/20 I 0. 2. Mortgage executed by Kenneth L. Thomas and Sharon E. Thomas, husband and wife to "M.ERs'' as nominee for lender PFG LOANS, INC., A DBA OF PROVIDENT FUNDING GROUP, INC., dated 8/24/209, recorded 08/31/2009 in Official Records Book 231 O_,_Rage 6412_, of the Public Records of Manatee County, Florida. 3. 1\lortgage executed by Kenneth L. Thomas and Sharon F:. Thomas to Merrill Lyuch Credit Corporation, dated March 22,2010, recorded 03/30/2010 in Official Records Hgok_2_illJ~~- 52:L~, of the Public Records of Manatee County, Florida. 4. Plat as recorded in Plat Book 4. Pa~t: 79, of the Public Records of Manatee Count)·· Florida. MISCF.LLAI\'OLS INSTRVMENTS: (Till' items s;h THIS COMPA.NJ', in i.~.milrt: tlri.\· 0 & E Report (hereinafter referred to as tire "Report''), a.\'.\'ume.~· no liahili~r "" account of any in.'tlrument or proceedings, in the chain of title to the Proper~r, which may contain defects thai would render such instrument or proceeding~; null and l'oid or defectil·e. All im'lrtlmf!llfJ intiH' chain of title to tile Proper(l' are assumed to be J Issued: 06/09/2011 Stewart Title Guaran.ty Company \ " i \. ! :1... Real Estate Details Navigo.~tc to th~ payment section below to \'iewfprint receipts. PROPIRTYUET'\Il ------. - THOMAS. KENNETH L REAL ESTATE PROPERTY 10 #: 3562500003 lHOMAS. SHARON E TAX YEAR: 2010 Selec: J tax Ye~r 101 40TH STREET CT NW HHAOENTON, H :14209-2045 PROPERTY ADDRESS: 101 40TH ST CT NW STATUS: Paid LEGAL DESCRIPTION: PRIOR YEARS DUE: 0 LOT 15 HLK C HAF ~------Cod!_---'------~------~--~---- Fund ______L ___ Am•~_n_t ______! FD01 West Manarct: Flrc Resc 212.XO TO I"AL NON-AD VALOReM TAX: 212.!10 GROSS TAX: $2.297.90 52,32178 $2,345.65 $2,369.53 Paid By 11,2 1.12010 \-11!292010P002693 Wells Fargo Real Estate T... 2 ,291. 90 receipt sum•na•y REFUND ' , . NO REFUNDS AT THIS TIME ESCROW CODE: 004'1 NAME: 'tiel's Farge Real Estate Tax Serv1ce LLC 1106289 3/27 ADDRESS: 1 HOME CAMPUS MAC X2502-011 DES MOINES, lA 50328 Custome' 3ervic.e Contact Info: Pt-one1 :(800) 29S..3212 I Phone2:(800) 499-4829 (40560) I Fax:(866) 278-1179 THIS INFORMATION IS BELIEVED TO BE CORRECT BUT IS SUBJECT TO CHANGE AND NOT WARRANTED------·-, '"'______.;:C~opy=rigc.;;hi:_::20~C::.::2c.::·2::::.01:..:.1.:...P.::::BC1:::.:fic=Bl.::::ue~So=ftw~a::_:re;,:.:. lc.;;:nc:..:.·· _.V:..::e~rs:;;::io.:...n ..:.:'·:::..01:.:.:.2:..;.4::;..6_____ , •• 1106289 4/27 1--IAJ~BOR MANATEE. COUNTY. FLORIDA. '• ... , ·•• '_. • • •• , ..J. ..._ .. •' .. • .~·,. ,.. •" • '· • .r :~,.. .• ... ' r,.,.~. . . r. ~.)' ·.~ ... , .. ,.. "_S-T EWA C( T--- · ··-- ·S·TREE.T . .r...... : .•· .r .... " ··- •• - -~: • .. ; • • __..... -~ '.· ... +:.: ... •••• ·-' • -. -·- ...... ;.:,.;.,;;.~:~~ ... __ .... :~: .. ·- ...... , .. ··: :: :: ...... : -~.,.. . ::' ·;-. :.· . . . . . ·- ...... ' ..-- . - .. - ,. - ... -. .. - . ' . . .. • ,•• ,r -~.• , "".~- r + '1',' · •. r' :.: :. -"·: :.:..:: ...... - .. : :::.... : . .·;- ·: -~ ., : .. - ,} ...... ~- . . . i....; ...... :~...... F<.r.I'Wpr.,-J...Lc.,~ .rx::..-. -- • ·:;. ~-~~- ••• .:.... _,-!_, ·:...· ·- ..... ..... _____. _ 1106289 5/27 BK 2284 PG 965 Doc Stamps $2695.00 Dkt#2660622 (1 of 2) BARNJi:S WALKER TITLE. INC. 3119 Manatee ,\venue West Bradenton. fL J420~ 941-778-772 I F:k :-iucnbcr: 52093.001.08.11 Will Cal: So.. , ee. i .... o b ·~ "- l t~) c______U !~pace Abt>ve Th" Line For R..:mlin;~ ~u.__ ___ Warrantv.. Deed This \'l:1rraoty Deed made this 23rd day of Uffember, 2008 between Joseph B. Myers and Constanu S. MJers, hust>and and wife whose post oftke address is 24•J2 64th Street W~t, Bradenton. fL. 34209 grantor. and Kenneth L. llloma~ and Sharon E. lhomas, husband and wife whose po.~t oftice addres~ i~ 101 40th Street Coon NW, llraclcnton, Fl. J-:209J,..'Tantee: 1Wh<""'"' •oe:t 1-otrt•n t:>e tttTTl'i "gnnror" and ·cnnw" mdu~ all the part><:s to rhe ins:rur:-cnt •nd !he heirs, legal reprt \\'itne,seth, that said grantor, for and I.I1 consideration of ilic sum of TEN A~D N'O/J 00 DOLL'\RS ($10.00) and c-thn gr>od and vuh.Jab:c C()ll>Jdcranons to said grantor in hand paid by sad ~raotce. the receipt whc:-cof is hercoy acknowledged, has grunted, hargnined. and !>Old to the said grantee, and grantee's hetrs and assii1TJS forever. the following described 1;:111(1, sinw~, lyin).f and bein~ in Manatee County Florida to-v.it; lot lS, Block C, HARBOR CREST, accortting to tbe map or plat thereof u recorded iD Plat Book 4, Page 79, of the Publlc Records of Manatee Count), Florida. Pllrcelldcntification Number: 35625.0000/3 (Thl' proper!} idrntifir~tion number ~h~ll not bt' ronsidt>r<'d a h•gal descl'iptlon and is pro\·idrd for informational purposes only.) Subj«llo V~!lld restrvations. restrictioiU and easements of r~ord. Togt>ther with a!l the tenements, hereditaments and appurter.ances thereto t>elongi:~g or m anywir.e apperuining. To Ha"e and to Hold. the ;arne 111 fcc simple forc,·cr. And the grantor hereby .;o,cnants with >aiel grant(% rh;lt the grantor is lawfully seized of said iand in fee simple; that .he grantor h;Ls good r.ght .md lav.ful authority!;) sdl and convey said lar:d; that the grantor hereby fully "-'3mlnts the title to said lmd ~nd w:ll defend the same against the lawful daims of all persons whomsoever: and that said land is free of all rm·umbr~u<.:n, except la.'(CS accruing suhsequeot lo December 31, 2007 In \\'itness \\'hert•of. 3rani Doublenrrn.. 1106289 6/27 BK 2284 PG 966 Filed & Recorded 1/6/09 8:40:51 AM R. B. "CHIPS" SHORE Clerk of Circuit Court Manatee County FL. (2 of 2) St.~le uf Fkuiua County of '-fanatee The foregomg instl1llT1enr was acknowledged before me this 29th day of[)e(:ember, 2008 by Joseph B. Myers and Consta~ce S. M~n, who [_J '" P=OooUy kn.-• 0< [X) ,_ p [!'orary Seal} Notary Public 7 tfi Pnntcd \'arne: ----·----·-··----···--·· - --· --~------·-· ~--· .. Ooubtenmee 1106289 7127 BK 2310 PG 6445 Doc Stamps $933.10 Int Tax $533.20 Dkt#2731370 (1 of 14) Afler Recording Return To: rRQYIDENT FUNDII"G ASSOCJA TES, LP. 16JJ BA \'SHORE HIGHWAY, SUITE 155 BURLINGAME. C. A ?41110 Loan No.4: I 9080070 ··--··------[Space .~bo,·e This Lin~ For Recordfug Dati) ------MORTGAGE MIN I 000179-411 ?08007o-G OFFINTnO'IS Words m..-d in multiple s<:<:tion\ of this document are dc:incd below and other word~ are delir.cd m Sections .\ II, !3, 18. 20 ~nd 21. C. (C) ''MERS" is !\{ortgage Electronic Registration S~stems, Inc. MERS is a separate COI'p\1ration that is acting solely as a nominee for Lender am! LS is 140~ NOR Til WESISHORE BOULEVARD, SUITE 604, TAMPA, FL 33607. (1:.) ~,~ole" means the promissory note signed by Borrower and dated 8/24/2009. The ~ole states that Borrower owes Lender TWO HUNDRED SIXTY SIX ffiOUSAND SIX ffiJNDRED AND 1)0/100 Dollars (U.S. S266.6GO.OO) plus inte~1. Borrower has promised to pay this dd:>t in regular Periodic Payments nnd I<' pay the debt in r'ull notlat-.T thot:19/J.'2039. (I•) "Property" means the proper1) that i~ de:s:rihed be'ow under !he heading 'TrJnsfer of Right> in tht' Prl'IJ<'I t)· ". (G) "Loan" mcan3 the debt n;dcncc-cl b) the Note, plu;; in:ereSI. ar.y prepaymer.r charge~ ~nd late charg"'' du<' ur1dcr the ~-:He, a:ld ali ~utn> t.lu~ under t~is SccJrity lnslrumcnt, plus Interest. 1106289 8/27 BK 2310 PG 6446 (2 of 14) (11) "Ridel"S" means all Riders to thi~ Security lnstrurr.ent that are execured by Borrower. The follawing R,ders arc to be c.\ecutcd by Borrower (check box as applicable]: () Adjustllblc Rllte Rider ( lcondomiruutr. Rider ( ) Second Home Kider ( ) Ba !loon R idcr ()Planned Unit Development Rider () Otl':cr{s) (~pcc,fx] ( )J-4 f llrnily J{Jder ( ) B:weeldy Payment Rider (I) "Applicable: La'!\" means all e.:>ntrolhng applicabH: federal. state ar.d local st:ltutes, regulations, ordinances ~nd a 1106289 9127 BK 2310 PG 6447 (3 of 14) l KA.'>~SrER OF RIGHTS IN -rnE PROPERTY Thi~ Securir:y Instrument secures to Lender: (i) the rc:>ayment of the Loan, ar!d all renewals, exten.ions and wodifications of tne Note: ~nd ~i) the performance of Borrower'~ covenant~ Wld agreements under this Security Instrument and the Note. For this purpose, Borrower docs hereby mortgage, grant and convey to MERS (solely as nominee for Lender arxl Lender's succe~ors and assigns) and to the successors and assigns of MERS the following described propt>rty located in the county of MANATEE LEGAL DE.SCRif'TIOI" -\ITACIIED HERETO Al\0 MADE A PART HEREOF A.<; F.XHIRIT "A". which currently ha> tb:: addre~ uf IGI 40TII ST CT NW BRADI::NlUN, FL 34209 ('"Property :\~ress'"): TOGETHER WITH all the improvemems now or hereafter erected o;~ the property. and all easements, appu~cnanc<:". and fi•ture:'l now or hcreJfter a p;trt of the property. All replacements and add;tion,; s~.ali al~o be covered by this S<:~.:urity lnmul!lent. All of the foregoing is referred to in thi$ Sc-:urity lnstrJment ns the ~Property". Bnrro ..·er •.mtlerstand> arw1 agree; that \1ERS holds only legal title to the JUI~r~sls grantt"d by Borrower in this Security Instrument, but, if necess.ary to campi~ with law or custom, MERS (4S nominee f.:~r Lender and Lender's suc;;cs~or~ and as~igns) hai the right: to ctercisc any or all of those intere;L~. including. but not limit~ to, the right to foreclose and sell the Proper.y; and to ta):.c on) il<:liurt required of Lender including, but not limited to, rcl(;113ing and canceling this Security Instrument. BORROWER COVENAl\IS that Borrower is lawful!> seised of the estate hereby conveyed and ha.< the right to mortgage. gr;mtand conVC)' the Propeny nnd that t~e Propert) is unencumbered, exr.ept for encumbrance~ of r<:u•d. Borrnwer wan-ant5 Jnd will dcf.:11d gcnerully the title to the Pcoperty again$! all claims and demands, subJect '" ~ny c:n,:11mhance~ of record. THIS SECURITY rNSTF.l~''T =ombirJCs ~niform covenants for national ~.:se ar.d r.on-un;tc)l'!l1 covenant.~ "'ith limited van<:tions by ju·i!>di.:tiun to constitute a uniform security instrument •:ovcrrng real propcrt)'· UN !fORM COVEN MIS. Borrower a.'ld Lender ~~cnant and agree as follows: I. Paymt'lll of Prir.ripal, lnttrr!t.. Escrow Items, Prepil)lm.•nt Cha11:es. and late Ch3rges. Borrower shu II Jay when due the prin~ipd of, and intercs: on, the C:cot c,·,dc~ced by the Note and ar:y prepay men: charges an•; laic: chwg,., d~t: und.:r the Note. llorno,.cr 3h;!ll also pay funds for Escrow Items pur;uanl to S~tion 3. Payments d:t .. und,..,. 1h.- Notr "'"1 th' Security lr.~trumem shait x mack in L.S. c~rrcnc). Hc,wcv~r. 1f am· check or other ir.stn:me:"l: rc"Cel\f't! b) Lendt:r a' ply·rent under the ~·3tc or thi~ Security lnstrurr.cnr is neturncd In l.c:nder unpaid, l.~nJcr rna) require thai !lny or nil s·.tb>equer.l pa~ mcnts dJe unJcr :he Note and thi~. Sccur.ty lnstrurr.cr.t be made in o:te nr mort> of the following fortn\, a, ~dcctcd b) Le:.:kr: (a) ca.~h: (b) money order: (c) ccniticd check, bank chcct.., lteasurer's check or cashier's check, provided any iUCh chel:k :s drd,.n upon an in~rituti••n w~.ose depo~i:s arc ins;Jred by a federal agency, ir.strumenlality, or entity: or (d) Electronic Funds Transfer. Paymen:s are deemed rece: ved by Lender"' hen re.:cived at the location d~ignat~J in the Note or at such other location as may ~ cesignat~d by Lender in accorea~ce \lo;th the notice provisions in Secti0n IS. Lender may return M)' p~ymcnl cr parlial payment if the pa)ment or par:ial payments are insutli~ient 10 bring th.~ lo~n ~u'-,!nt I C!l 1106289 10/27 BK 2310 PG 6448 (4 of 14) righ:s nercunder or prejudice to its rights to ref~se such fl"yment or panial payments in th~ future, but lender is not oblt~tec :o apply such payments at the time such payments are accepted. Jf each P'riodic Payment is applied ~s of tl> ><::heduled cue date, the~ Lender need not pay interrst on u:~appli~ f~nds. Lende-r rruy hold such unapplied f,mds until Borrow~r makes pa)·ment to bring the loan current If Burrmv~r dues not do so within a reasonable pertod of :irr.e. lender shall either ~pply such f~nc!s or rttum them to Borrower ff not apolicd earlier, ~uch funcs •,o,.1ll be applied to the ou:stand,ns principal balance under the No:e immediato:ly prior tv foreclosure. No offset or cloim which Bor.-ower might have now or in the future against Lender shall rdi"v" Rnrrowe· f;om making payments J~e under the Note and this Sccurit> Instrument or performing the eovenanl' and agreements secured by this Security Instrument. ~. 1\pplic:ati.on of Payments or Pr~~. E~cepl as otherwise de~ribt-d in this Sc.-r:tion 2, all payments ac;;epted and applied by lender shall be applied in the fo!fo,.·ing o'cer of priority: (a) intt:t~st due under the Note; (b) principal due under the No:e; (c) amounts d11e under Section 3. Such payments shall be applied to each Periodic Payment in the order 11'1 which tt became due. Any rema:ning amounts shall be appliffi tirst to late charge,, "c~ond teo any other amounts due under this Security ln~trument, 3tld then to redu~e the principal ba:ance oft he Note If Ler 1106289 11/27 BK 2310 PG 6449 (5 of 14) the Escro"' lte:ns, unle~s Lender pays Borrower hterest on the Funds and Applicable Law permiH Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on :he Fund~, lender shall not be required to pay Rorrower any intere>t or el1l!ings on the funds. Borrower and lender can agree in "'·riti~g. however, that mtcre1.1 shall be paid on the Fund-;. lender shall give to Borro 1106289 12/27 BK 2310 PG 6450 (6 of 14) oddtttonalloss payee. lender shall have the rig':tt to hold rhe policie-; and renewal certificates. If Lender requires, l.lorrower shall promptly give to Lender all recd?ts of paid premiums and nenewal notices. If Borrower obtains any form of in~urance C 1106289 13/27 BK 2310 PG 6451 (7 of 14) 9. Protrctioa of Ludu's Interest in the Property ud Rig~ts Und~r this Sf't'llrity ln~tranwnr. If(:.) Bor~.)Wt"f faib to perform the Cl)vtmants and agr~en:ents contained in rhi~ Securit)' lnstrue1ent, (b) there i~ a legal priX'etding that might signifi~antly afT.:ct Lender's interest in the Property and/or rights under this Security ln~trumenr (~uch as a proc~ing in bankmptcy, probate. for condemna~i 1106289 14/27 BK 2310 PG 6452 (8 of 14) Likes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is ofien termed "captive reinsurance." Fur.her: (a) Any ~uch agr~menu will not affrct tM amounts rhal Borrowtr has agr~ to pay for Mortgage lnsunlnte, or any other terms of tbe Loan. Such agnemenh will not increase the ll111ount Borrower will owe for Mortaqe Insurance, and they wiD aol Hldtle Borrower to any refund. (h) Any such agret"menu wiD not affrct 1~ rights Borrower has- tr any-- 'ftttb respect to tile Mortgacte lasurance aader me Ho~n Protecdoa Act or 1998 or aay other law. These rights may indude the rigbt co reed~ certain disdosurn, to r~t and obtain c:aocellarion of the Mortg11ge IDSurance, 10 !lave the Mortg11ge Insurance rermhrared automatkally. and/or to receive a refund of any Mongav lnsunncr premiums that ~ere unn.rued at the drae ofs11d1 rancl'li2Cion or t('rmlm•don. II. Aulgnm~nr of 1\listl'llenL'OllS Procerds; FOI"friture. ,\li Miscellaneous Proceeds are r.en:oy as.~igned to and ;;hall be paid to L.~nde:. If the Property IS damaged, '>'\!Ch Miscellaneous Proceeds shall be applied to re-,toralion <'r rt"pair of 1he Property, if the r~storation or repair is economicall) fe~ible and Lender's security is not le>sened. During such rerair and restoration period, Lender shall have the right to hold st.ch Miscdl~nt:MJs Proceeds until Lc:mkr has had un opportunity to in.~pect such Property to ensure the work ha.~ been completed to Lender's satisfaction, proyided thm such in~~tion shall be undrrt:1ken promptly. Lrnder may pay for the repairs and restoration in a single disbul$t:mem or in a series or progress payments as the wort is completrtl. Unl...s~ "" agrecnu:nl ;, rn;;dS, if any, paid to Borrower. Such Miscellaneous Procc:eds shall be app! icd in the order provided for in Section 2. In the c..,cnt ()( 11 tot~ll«king, destruction. or lnss in value of the Propc,.ly, tile Miscc:llancous Proceed3 ~hall be applrt"<.l to the surm secured by this Security Instrument. whether or n<>tthen due, with the c~ccs.\, if any, paid to Bon ower. Inlhc c:velll of a partial taking. dcsttuction. or lo~s in val\IC of the Property in which the fa~r mark~t value of tnc f'n>p~rty immed:atcly heiore the partial taling. destruction. m IM5 in value IS equal to or greater than the amount of the sums ~~ured by this Sec~rity Instrument immediately before tf:e partial tak1ng, destruction, or. loss in value. unlc:. 1106289 15/27 BK 2310 PG 6453 (9 of 14} All M:~cellaneous Proceeds that ar~ not applied to restorat10n or repair of the Property shall be applied in the order provided for'" Section 2. IZ. Borrower Not Rdtastd; Forburancr By uodu Not a Wahu. E.,tens•on of the time for pa)ment or rr:od1t:cation of amortilation of the sunn secured by t~is Security lnstrumcm granted hy Leader to Harrower or an)· Successor in Interest of Borrower shall not operate to release the Iie.biliry of Borrower or any Successors in lntrre<;~ nf Rorrowc·. l.elldcr shall wt be requ:rcd to commence proceedings aga:nst any Successor 111 Interest of Borrower or to refuse to cttend time for paymen1 or otherwise modify amortization of the sum.~ !ittured hy this Securi:y ln~trwncnt by re~on of any demand made by the original Borrower or any S·Jccessors in Interest of Borrower. Any fnrhear~m:e hy l.ender in c:xen:ising any right or remedy includine. without limitation. Lender's acceptance: of payments from third persons. entities or SliCcessors in Interest of Borrower or :n arn)Unt~ less than the amount the~ due. shJIJ not be a wai,-er of or preclude the c:xercisc of any right o~ remedy. B. Juint ~nu &H·ntl Lillllility; Cu-sigaen; Sucttuon •ad A!signs Dound. Dorrowcr covcn3nts and agr.:es that BomJ-..tr'; •Jhligations and liability o;hall he joint and several. Ho ....·ever, any l!orrower who co-signs this Security Instrument but does not cxec~;te the Note (a "co-signer~): (a) is co·sign1ng this Security Instrument only lo mortgage. grant and convey the co-signer's inter~t in the Propetly un,lcr the term~ of this Security lr.strumcnt; (b) is not personally obligaterl to pay the sums secured hy this Security Instrument; and (c) agrees that lender and any other Borrower can at)rtt to eJttend, modify, forbear or r:l8kc any accommodatio~ with regard to the terms of this Security ln!>1rumcmt or the Note without the co-signer's con:>ent. SUbject to the provisions of Sa-rion I~. any Successor in Interest of Borrower who assumes Borrower's obli~ations under this s~urity Instrument in writing, and is approved by Lender, shall obtain all of Borrower's ri~;hts and bc:~tits under this Security Instrument. llorro~>er shall rlQt bo: released frorn Born."!Wcr's obligations and liability er.der rh·:s Security lr.~'lrum~l unles> L~~der agrees ;o such release in wri:ing. The covenant' and agreements of thi~ 'Xcurit_v lnstrumem sha prohibition on th~ ch~rging of~uch fee l.c:nrll"r rr.a) not charge fees that are c~prc.~~ly prohibited by ttm Security Instrument cr by Applicable La...-. lfthc Loan i~ subjc\:t to a law whi~h ~c:s maxirr.um loan charges. an<.! that I;;"' IS fnally intcrpwcJ so thai th~ in:erc~l or other Joan charges coll~ted •Jr tu b.: coll,;cted it• cu:mection with the Loa~ e~cectl the pcrmiued limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge :o the permitted limit; and (b) any sums already colla:tcd from Borrower which e:c.cccd<;d pcrmitlcd limit:; will be refunded to Borrower Lerlder may choose to make thh; refund by redudng the principal owed under the Note or by making a dire(:t payment to Borrower. If a refund reduces principal, the reduction will be !reared as a partia~ prepa}ment withl'Ut any prc:paymt."nt charge: (whether or net a prc:parment charge is provided for under :he !'Jete). Rorro...,cr's accept:mce of any ~uch refund made by direct ;Jaymt."nt to BurrL'W<"r will cumtitut~ a ~. 1106289 16/27 BK 2310 PG 6454 (10 of 14) 16. Gon~rniag La"'·; Se\ierability; Ruin of Consrructioo. This Securi:y Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security JllS(rument arc: subject to any requirements and limitations of Applicable law. Applicable: Law might c~plicitly or implicitly allow the parties to agree: by contract or i: might be silent, but such silence shall not be constrJC'd as a prohibition aga.mst agreement by contract. In the event that any pro~·isioo or cla.ase of this Security lnstrumallor the ~ole conflicts with Applicable Law, such conflict 51\all not affect other p10visions of this Security Instrument or the Note which can be gi\'en efTect without the contlicttrg provision. 1\s used in this Se<:urity Instrument: (a) worcs of the :llasculine gender shJII mean and :nclude corres?onding neuter ~.Lords or -..orcb of the feminine gender; (b) words in the ~ingular shell me-dn and include the plural and vice versa.; and ((1 the word •·may" gi·•es sole discretion without any obligation to take any action. li. Borrowtr's Copy. Borrower shall be given one copy oft he Note and of this Security Instrument. 18. Tnulllfrr of tbe Property or a Beatliclllllnterest in Borrowtr. As used in this Sectiun 18, "Interest in the Pro~rty" mean; any legal or beneficial interest in the Propeny, including, but not limited to, rhose beneficial interests transferred in a bond for deed, contract for deed, installment sales contmct or escrow agreement, the intent of which is the transfer uftitie by Botro\lo·er at a future date to l pur.:ha>er. If all or any pan of the Property or any Interest in the Property is sold N' transferred (or ii Borrower is :101 a natural person and a lx-ncfkial interest in Borrower is sold or rransftrred) wit hour Lender's prior "'ritren consent, Lender may require immediate paym1:11t in full of all sums ~cured by this Security Instrurrrnt. However. this option ~hnll not b.: exerci>ed by Lend(;!' if such exercise i~ prohibited by federal law If Lender c:~en:ises this option, Lender shall give Borrower notice of acceleraJion. "The notice shall provide " period of nor lc:s~ than 30 days from the dale the notice is given in accordance wit~ Sc:~1iun 15 within which Borrnwer rnu~t pay all sunu secured b~ this Security lt'l.~trunent. If Borrower fails to pay these sums prior w the cxp 4 Nl(1fLJ:w; ~'' ·?..~ 4 ,_, ,-... 1 JJ:""':M 1106289 17/27 BK 2310 PG 6455 (11 of 14) Neither Borrow~ nor lender may commence, JOin. or ~ joint!d to any judicial action (2.5 eit,er art indh·idual litigant or the mcm~r of a class) that arise5 from the other party's actions pursuant to this s~urity lnmumenr or that all~es rhat the o:her party has breached any provision of, or any duty owed b}' reason of, rhi!: Security Instrument, until such Borrower or Lend~r has notified the other party (with $UCh notice give11 in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the gi\ing of such notice to take comctive action. If Applicable Law provices a time period which mulit elapiie before cen~in act:on can be taken, tilat time period will be deemed to be reasonable for purposes of this paragraph. The ooticc of acceleration ar.d opportunity to cure given to Borrower pursuant to Section 2: and the netice of accekration given to Borrower pursuant to S.-ct\on 18 shall be deemed to satisfy the noti.:e and opponunit~ to take corrective action provisions of this Section 20. 2 I. Hazardous Substu«& As used in til is Section 21: (a) "Haurdous Sub$lltnccs" arc tho-re substl.lnces defined as ta~ic or hazardous substances. pollutan:s, or walites D}' Environmental Law and the following substances: gasolme, kerosene, ot71er tlammable or toxic petroleum products. toxic pesticides and herbicides, volatile solvents, materials conmining 115bestos or formaldeh)de, and radioa:tive m3lerials; (b) ~Environmental Law~ means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environm:rual protectien: (c) ~Envirc.nmental Cl!!anup~ includes any respon>e action, rr"m~dial action, or rernoval oction, a~ defined in Environmental Law; and td) an "En,·ironmental Condition., means a condition that can cause, contribute to. or 01herwise trigger an Er vironrr.ental Cleanup. llorro.,.·er ~h~ll nm c.au-e or permit the presen~. u~e. di~posal, storage, or :elease of an; Ha7,1rdous Sub'-lanco, or thrcatertto rdease an~ Hazardous Substances. on or in the Properly. Borrower shall not do, nO<" allow ~nyo11c cl><: tu du, lflythicg aiT~-cting the: Property (a) that is in viulatitln of any Envi1onmental Law, (b) which create• an Environm(".ntal Condition. or (c) which. due to the presen•c, use. or release of a Hazarcous Substance. 'r~ates a condition that adversely affects the value of the Property. T~e preceding two sentences shall not apply to th~ prccncc. usc. 111 ~tnragc on the Property of small quantities of Hazardou_~ Substances that arc gent:rally 1c:cognizal !o be appropriate to normal residential u~e<; and to maintenance 11f the Prnperry (ir.cluding, hut not l1m1ted to, h.:uardous NON·l:!'H'OR..:wf COVENAl"lTS. Borrower and Lender further covenant and agree a' follow~: 21. :\ecel""tion; Rem~les. Lender shaU give notie'* to Borrower prior to accele,.tion followiag Borrower's bread! of aay coHnant or agrcerntnt in this Sec:urit)• Instrument (hut not prior to ac~lnotion under Section 13 aoless Applicabl~ Law pro,·htes ot~w). The rwtlce 5hall specify: (11) the default; (b) the action rl'(julrtd to rure the defa11lt; (c) a date, not less than 30 da)s from the date the ootice is given to lloorrll1\·er, by wi!Kh lhe deflMih m~nt be cur~; and (d) that failure to cure the defDUit on or hffore the date sp~ifird in the llO(ite ma) result in scc~leratl\HI of the sums srcured by thh Securit) lnstrum~nr. foreclosure by judicial proceeding and salt of tile Property. Tbe notice sba!J furtbn inform Borrower of the right to reinstate aftH" ace~leration and thr rlj~hl to as~ In tile foreciGsure proceedin11 t~ nua~.Wtence of a default or 11uy other dcfen~e of Borrowrr to actderation and foreclosure. If the ddauh is not cured on or before the !l:al'l' specln~ In tht nolk~. Lender ar Its option may requln lmrnedlatt pa)·mmt In fuU of all sums St'CIIr~ by this &curity Jnstrt~mtnt without further demand and may fondosc this Security lastrument by judicial proceedlna. Lender shall be eadtled to collect all npenses Incurred In pursuln~: the remedle$ provided in Ibis Se<1lon H.lndudlng, bat not llmlr~ tn, rusonahl~ atrorneys' fffi and cons of dtk 1'\idenre. 2J. Release. Up.:m payment of all sums secured by this Secu.-iry Instrument, l"nd~c shall rdease ;hi; Security lnstr:.t:Jeat. Borr•Jwc:r shall pay any :c:cordation C·JS!s. L~nder r.1ay charge Borrown a fee for rcieasin~ :hi, 1106289 18/27 BK 2310 PG 6456 (12 of 14) _,, __ ----- ··~ ------~----·------·------··----·---~-- ·-· - Security instrument. bur only if the :·ee is paid to a part; for services rendered and rte charging of the fee i!: permirc~d und~ Applicable Law. t~ird 24. Attorn~)'$· F«S. As used in this Security Instrument and the Nore. "attorneys' fees" shall include: any aur.rneys' fees awarded by an appellate c~unt and any attorneys' fees incurred In a bankruptcy proceeding. 25. Jury Trial Walvu. The Borrower hereby waives all righrs to a trial by jury in any action, proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Security ln~trument or the Note. 1106289 19/27 BK 2310 PG 6457 (13 of 14) DY S!Gi'NG BELOW, Dorrower accepts and agrees to the terms and CO\enants contained in this Seeurity Instrument and in any R1dcr executed by Borrower and recorded l'ith it. Vlit:1c~scs: mailing address: 101 40tb Street Ct. // ~ Bradenton FL 34209 -+1-~""""""'-='--L.__ -_2 ___ :::----._""'---==- (Seal) yoM; M) ""="'' ·-::::. - c -(~ -Q/' (Seal) SH.-\.RON E THOMAS -Borrower (Seal) ------=Borrower (Seal) ------_r;--Borrower ACKNO\\'LEDGE!\ffi"U STI\ TE OF FLORJDA. __Ma_na_t_e_e_ Count) ss KENNETH L THOMAS SHARON E THO.MAS G(1MliJIHE RUfFI:~O Notary Public, Sllll& ol Flcrki<: My comrn. explrll'-' Oct. ~4. 2012 Comrn. ~o. !lf)81~3SG 8l:>tx!ed rh"' ill..! h~ .c.:>mo.:oytsurety o;,.. • .,. C't.'ICftdo.e !1·.~>>l1:• JIM r- ;.:!.f• ~l!V'I 1106289 20127 BK 2310 PG 6458 Filed 8t Recorded 8/31/09 10:28:50 AM R. B. "CHIPS" SHORE Clerk of Circuit Court Manatee County FL. ( 14 of 14) Lo11n Number: <41190!!0070 Date: 8.'14110( 9 Propcrt; Address: I 0 I 40TI I ST L"T NW BRADENTON, fL 34209 EXHIBIT "A" LEGAL DESCRIPTION APN# 3562500003 LOT 15 • BLOCK "C" • BAJl.BOR CREST, AS PE& PI.A1' l'HEIUWF KECOKDED IH PLAT BOOR 4, PAGE 79, OF THE PUBLIC RECORDS OF MAKATEE COUil'l'Y, FLOI.I.DA. 0011 1106289 21/27 BK 2333 PG 5249 Doc Stamps $175.00 Int Tax $100.00 Dkt#2794581 (1 of 6) Thi• docun>enl was pcc:pilro:d by ~FbY__ -~":_1_•_._ -~~"'~;:-!:J,~ _ Lynch. C_redie C<)~ Str•lt' ul FlorHJII.'' UO<..-,.,m~ntary Stamp'('...,. r<> ------Sl•te u( tlt.trlda ------SJ;N~-Ce A bun: nr. Llac For k~cordlov ''•'- ---··-- -- R.cord .,.. a.-(..ar. lilt! -·m~-r~ MORTGAGF: c·s tf\N 1 ooo ~b ~ 4f\o). -""k¥• ...... JOOJ(~~:Fv.... (Y<'lth Fat...-e AdvMD.-e Cluu.se) t~~-J~ I. D ... TE AND PARTIES. The date of' this Mortga$" LSecurily Instrument) is ~!l_r!=_h __:z_:z_. __ :ZD_l,_Q __ _ The parliC's und lhC'ir uddrc.!\...OW:.S .:Ue: MORTCAOOR: Jt..,...et.b L Tbaaaa., A KIJlRISD PRJilSOM Sharon B Thoma•, A MAARIBD PBRBOR l.Ol. L.:1 If checked. ndt:"f co rhe a.trached t\ddendum incurporare'd h~ln. r... ~r addlt!On<.tl rvtdn~ag(ln-,, rhcir !.igrnHure..-.. arnJ ackJ-.t>W Jed!! I :lCOtS. LENDER: H•rr1LL Lynoh Credit Corporat1oo 5201 Gate Parkway Jackeonvi11e. FL 32256 2. CONVF.YANCF.. f'or g."' .~T~- \COllnt'' _ . ______. __ . _ _ _ _~~()~_. __ . . _., Florida ____ . H;l9_!1 ___ . (-'.ddo< ..) iCky) (ZIP Codo) ·rogcrher with aJI rights. t-~ls, a.ppu.n.~ royalties, rruncral nghu.. H. All future "'Ivane.:> ·~la F\..ORID4 • ... OM E EOlJfT't UNP! OF CREOIT MORTQAGII! cNCT ro .. ,...... ,"·F-...... c.,...... _ 01'11 v., VS51 (;) 1804 .... ,,.,. ~,_..,.., ,:,.aflfW.S.WwM• • ~.~~.,. Sy•t-• ,.,. 1106289 22127 BK 2333 PG 5250 (2 of 6) All fulun· otd~uncc> ;rnd oth..:T futun: obligation' aro ..,._-ured by thi• Security lnstrumcTlt even thou&h all ur pArt may ""' yet b.: adv~IDC<-d. "'" future w.hanccs and other fuiUre oblig.auons arc 5eeured as if made on the <.late uf lh1~ 5-.">Curity ln'itnmlCnt. NNhing in this Socurity Instrument shall constitute a commitment to make additional or future loAns or Oldvanco in an)· amount. Any IIUch =mmi~JnCnt mu>l be agreed to 1n B :;eparate writing. C. All ot>ligation..• MortgaBOf" owe>< to Lender. which may later arisc:, to the extent not prohibited by law. including, hut no1 limne.t to, liahilioieo foe n~erdrafts relattng to"">' ~t Unh.~,., \Hht.:rw,~ ·'~n-:cd 111 writing, «II ir~urwu.:c (lf ) I ./ (Pag 1106289 23/27 BK 2333 PG 5251 {3 of 6) po,.tpone th<' dut· dale of tht: scht..•t.haled paymntt nor change the 11m0unt of any payment. Any execs..~ will be paid It> the Moll!l•~or. If tlw Pwt-..,"Y is a<:qo;ired 1:\y Lender, Mortga~~:or·s right tn a.ny onsunnce pohd.,; and roro<=l• rc:wltlllf.: frum Flnanclal N"f>>rlto ,.nd AddiU.onwl Doo..-umcnts. Mung<4:or will prc,vide h> ~rtOc:r ':'P"" r cq~. ooy linaucial uaterrcnt or mformatron L:nder may Od:m rca.'!Onably nCCCSlilll)'. Munllttl:or ttgn:e. l 1. OUF. ON SALE. Lender nuy, at it.• opuon, doclare the enttre bt>.la"""C of tl>-; S.:Curcd Debl to be trnmcdtatelv du~ and puoyltbk: upon the crcallon of, or contrnct tor the crearron rlt. u trunslc.r "'sale of .UI or any pa.rt ol the Pn.opt!f't)' 'Irus nght ~· •uhjcct to rhc n:...rrkrion:s imposed hy fcd~'nli law (I 2 C. F. R. 591 ), tU Applicublc. 8. DEF"\JLT. Mortgagor will be in .lefau!r if any o( me following occu~e Fraud. Any Conrun>er Bcrrower eng"8es in fnwd or material mlsreprescmatioo in connection with the Secun:<.l o.:bt Ulat i~ a.n cpen end home:' equity plan. Paymcor... Any ConsurllCI' Borrower C'fl any Securro Debt that ts an open end home equity plan fails tu rl14l A. E -'CC'pt as prcvioutJy di~k\SC'(.1 and at:kl"kJWI~8ed "' 'ACU•ng :n l...ctkk~r, lk1 Ha."'ardnu:, ~ul_"t'tl;m .... e JS Df will ~ lt.'L.:att".A.J, ..:.rora1 or n:lca~t nn f•r _in rhc Property. Tl)l" rcs:tnctlon does no( apply to li>IUaJJ qunr.rilu.".l<> of 1-JK.aan.Jou .., Sub~t4lJl(.~L~ lh:>t :ue g<'ncr;o.Jly rcc•~!i!ntUd tot-e appropnatc fO<" the normal u~e wxJ :na.rrttenAnee vf tnc. 1-'rvpt:rty. 13. Ex.:ept as prevt<...... ,sly Ji>octo..:d ami .teknowlooged en writin~ tn LA:nder, Murt~agor Kr.d ever) tenant lu"c been. we. ancl shall rt:tt~:~in in full <:omplia.ncc wrth a.ny ufplic.,ble .Envuor.nlCl\tiLI Law. C Mortga,gnr 'h:lil lll11n<:dlately nc11ify Lender i a rell!aSe or threatened relea..r. of a H;u.ard,)u, Sub..l~n<:e "'"'""" '"'· t:n 1106289 24/27 BK 2333 PG 5252 (4 of 6) 12. ESCROW FOR TAXF;s AND INSURAIIOCE. Unless _otherwiJ 16. \'VAIVER.~ E~ccpt to the c.~tC1'H prohibiiCxl hy law. Moctgagur wai • .,. .oil &ppr.U. Ill. APPLJr.:,\BLI:; L.\ W. Thi• S«urity Instrument is 8'-""mcod by the law> w. ugreC' (O>e<:).: .UI oppli~hle bo) lO. L l'a)·ment or this note or morti:IIC~ t. subjc-<:1 to lhe lertn:> u{ u h<>me lmpro.-.·an.,f lnst.allmc:nl ronlrotd of even dnrr b..r...... ,.. 111ak~r and P"YN or IJIOMgagor and mortga~. 21. [_:::ADDITIONAl. TF.RMS. SIGNATUtu:.S: Ry signing heinw. Mortgagor~"*""' lr> rhc term~ an.1 co"cn:rnL< cnnraincd in rhi< Security lMrrumcnr •nd In un,- •ur'-ldlm.-nrs. Mnngusur also ad'-'l<>Wied~ rec~ipl ol a copy of thi~ Security ln. -_&_~ _f a.."' Jdentific 1.1.ion. 1106289 25127 BK 2333 PG 5253 (5 of 6) SURVEY AFFIDAVIT STATE OF fl., CITY/COUNTY OF MANAT£E. to wit: BEFORB ME, the undersigned authority, personally appeared Ks:nw:UU.... 'lllllmas ..s.haroA.E Thoma5 ------~~----~-- 1 "Affiam(.;)' ). who. ~ing by me duly sworn. depos~ and say· I. ·n-.w Affiam(,q islare over 18 Y""'~ L)f age 1111d 1s/are the ~ole ownerts) of certain rt.'1il prnpcrty lo<:ated m BRADENTON, State of FL. and known as lOt 40ffi STREET COURT ':>lW BRADENTON, FL 34209 ("PmPf'-"y"); 2. 'lhat the. Propeny 1s improved by a 1-4 family residenhal dwelling. 3. 'lhat Affiant(~) ha:Yhave thi5 day ellecuted, acknowledged and dc.hvercd a cctlain Deed of Tru:!>t or Mortgage securing _!_9_!,_~!_H_STRE__~£0UR2~~~~.~~~'?.~£.~~~- --·- ______in the .lm<)Unt of S 50 000.00 ; (n:financ~ only J 4. ·n.ut Amant(s) h ~. ·rna. to the be.,.t of Affiant(s) infonnation, knowledge and belief, the following is true with regard IO the Property: a. rhe dw~lling. O>llbuildings and all driveways and ft>nct-s are. located entire!~ within the lines of the legal de!'Oeriprion of the Property: b. the locution of the dwelling is not in violation of any huilding restriction line~ establi~hed hy plat or other recorded in' C. no pennanenl structures encroach upon any drain; 6. Thill Affumt(s) make this offida¥it to indll(:e CONVENIENT CLOSJ!'IG SERVICES to r~sue ir.~ L<:ndcr; Tttlc insurance Policy to r.kmll l.ynch Crwhr Cnrpnrat""' with ~urVt')' coverage but without the ~netit of a location •urv~y of the property tmd undcrMand thnt CONVF.:NJI:-NTC'LU'iiNCi Sl:':R.VICES will oct in reliance on the st.:ltern.,nts made herein. Kb11lCJ\LThc,mu..~ Sharon E n-.c,m,.s SWORN TO AND SUDSCRJDEO hefoce me this_ d.)ne\ day of i'J\C\r c:6 - .d&.\.0_. i\~ ... ~rT~;, ROV ofFtorn:. 0 17.Z010 '3019 ~)!lQ..:k.t'ltoo 1106289 26127 BK 2333 PG 5254 Filed & Recorded 3/30/10 12:23:56 PM R. 8. "CHIPS" SHORE Clerk of Circuit Court Manatee County FL. (6 of 6) · · TRG Fax Server . 2/2/2010 6:27:08 PM PAGE 9/019 Fax Server SCHEDULE A- CONTINUED 4 T 1e !and referred tc in tr:is Comrnitme.,t is as described as follows County MANATEE Pro~er:y Address: 1 01 40tn S:re-et Court NW aRADENTON. FL 34209 THE FOU..OWING DESCRIBED LAND, SITUATE, lYING AND BEING IN MANATEE COUNTY FLORIDA TO-WIT: LOT 15, BLOCK C, HARBOR CREST, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 79, OF THE PUBUC RECORDS OF MANATEE COUNTY, FLORIDA. TAX ID II: 3562500003 FOR INFORMATION ONLY : PROPERTY ADDRESS: 101 40TH STREET COURT NW, BRADENTON, FL 34209. T=Gc Fa"o·09CCJr!"ml932 i A_'" Commi~''""" Forrn - '982 1106289 27127 Parcel Owners With In a 250 Foot Buffer Around a Parcel OWNER MAILING ADDR1 MAILING ADDR2 CITYNAME ST ZIP +4 COUNTRY POSTALCODE PARID NO STREET ---DIR UNIT NW 1 BURNETT, HAZEL j '103 40TH I [BRADENTON IFL 34209 1!_2045 !I I 13562600001 '· 103140TH ;STREET CT NW: I 2DECKINGA.RYAN :41112NDAVE -~ -~BRADEr-noN-- FL-34209-:2003:- --r-- b565010059.- 4111i2ND NW :Nw I , , i . I I I w ! ~~~~~~::-r:A~w ':~~~: :~~ :~~wi j::~~~~~ ~-~:~~1~::: i::; i~_:_ ~ -~ -__- _- --~1i:::::~: : •;~::~;T ST w PRIVATE SCHOOL ~ I ' I J ' I 5 EPISCOPAL DAY .315 41ST ST w - -BRADENTON-- FL -34209 :2943 ------3660210509 315:41ST 'ST w 1 1 1 1 1 1 s~=~~~:.~~~~~~Fjzo541STST- 'BRADENTON 1FL-f342o9-lzo2sl-- --~------~5s42oooo8 i 2o5[41sT ST NW 1 1 HOLTON, JOHN G i~: 40TH -I - --- -BRADENTON - jF-cf342o9l2o481-- --- +------J.35s43oooo6 !-- 210~40TH ST NW JR _:sTREET cT _Nw t'. I ~ I I 1 ST NW 8 ~~":,_~~ p ::~:~~',"CT NW I - jBRADENTON- 1"~1J.2os !2046~- - -~- - -- iJ5il2710!Ml8 : 124'40TH ST w ST NW 1: ~~~~E~~B::vE :~~~~~~~c:: ! - ]::~~~~~ J f1:~~~1[ -r ---~~~:::O:ii ~;:':~~: 11 MARINELLI, LISA .4905 3RD AVE I IBRADENTON IFl 34209 119131 I j3565010109 I 41 0112ND AVE NW 12 ~~;I:LLO, j~:o 1ST AVE wi lBRADENTON- !FL- 342o9-j2o5-5 4------~35646oooo9! 4ooo.i1ST AVE w MICHAEL v I I 1 I I I 13 MCCLURE, IPO BOX 936 - -~PALMETTO- -~FL 3422o- o936J------~------~3562ooooo4; 120I39TH ST NW CORRINE I, ilI I !, I i : ANDERSON j I I 14 MCCLURE. iPo Box 936 -~PALMETIO- -- Fl.l3422o la936-j------~- -~3-5621oooci2 -!- -122!39TH ST NW CORRINE I I I I II I I i ANDERSON I . I ~ I ! 15 MULLEN. MICHAEL .198 40TH -I BRADENTON- IFL-l342o9 2046 \------__ ll35644oooo4 i - 198i40TH ST NW ' I I STREET CT NW ; I J I ~ l__ +--- I I AVE W ~: :~~~~uo;~AR A :~:'3;~~ AVE w~ 1~:~:z~z~ -t:P~~~: ~~~6 ~:: ~~=+ ~ :: -l~:t;~~': ·~:i~~;H ST NW 3 ,AVE W ~: ;~~:~:LDRED '~~~i~~:::: = l=~~~~~cr.t~i~: ~~:~:---· =-==·---: =+~~i:::,~ :~;:~;H ST NW KENNETHL ,sTREETCTNWi_ _ I I:~ I i ! : ' 20 WALIAGHA, ,515 75TH ST -I HOLMES BEACHtFLl34217!1o'o4i-·--- r------i36s78000031- 100;41ST ST W MOHAMAD . .. ! ___ ------L__ L_- __ l_- j _____ ~ ---- __ j __ - -- _j_ Parcel Owners With In a 250 Foot Buffer Around a Parcel ~~0=--W=N:--.E:._:__R_ MAILING ADDR1 MAILING ADDR2 CITYNAME ST ZIP +4 COUNTRY POSTALCODE PARID NO STREET ST ---DIR UNIT 21 WEBSTER, :150 39TH [BRADENTON [FLI34209 !-1 I, 13562200000 ! 150,39TH ST NW GEORGE STREET CT NW : • I I I . I I MARSHALLJR I I _J_ . _ _! 22 WOODWARD, 123 40TH i BRADENTON IFL j34209 [2045 j ST NW CHRIS i I I ·- -"-l- 2 MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS P 0 BOX 1000 BRADENTON, FL 34206 Thank You - Rec.M 61828188 - VISIT US AT OUR WZBSITE: "WWW. MANATEE CLERK. COM" 61828188 Case No: - Case Number: Bk./Pq./Doc.M - Receipt Number: 61028108 Batch: 87/12/2811 88:34:57 Outstanding Amt: BOO. 00 Div: nabcc BCC "ISCELLANEOUS CASHBOOK BCC 2881 888.88 Received From: kenneth and sharon thomas CHECK/troNEY Oil Behalf Of. ORDER Total 888.88 Receipt(s) Aaount 888.88 Change 8.8fJ Itemized Listing Amount -- -·------__. ___ --- . ------BOARD MISCELLANEOUS 800.00 Total 800.00 Receipt Payments Reference Descriptions Amount ------PENDING VALIDATION 800.00 Comments: Signature ORIGINAL Deputy Clerk: nmbcc Tran Date: 07/12/2011 08:30:15 Date: 07/12/2011 RECEIPT IS NOT CONSIDERED PAID UNLESS VALIDATED BY CASHIER MANATEE COUNTY SOARD OF COUNTY COMMISSIONERS ~ n Anv 1nnn P~An~PTO~. FL ~4206 KENNETH L THOMAS Beyond Banking• 2801 SHARON E THOMAS 101 40TH STREET CT NW 87-178/843 BRADENTON, FL 34209·2045 --~ IJ12o!>!TE l ~'dl~~ ~1~-C'.-. .1 $ 800:!!!! .. J _'f;·$--~. o...SL ~~- .. . 0!_1_~~ ~ ~::··.;. ~llenlll...,.. Bank ol Amerk:ll MEMQ_'Y._I/ f_'/1. ____ _ &.;_,2 ..... ~ •:oaa. ~o ~? ~:, ?•: oa. ~ ~? 21. s sa.q~:,n• 280 ~ lf~. ------. .:.1 JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Checjc your response below· include ex lanation where necessa . [o Has NO OBJECT/ONto the subject vacation appli~~tion. ~ Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Pia objectives, Code issues, replacement easements, etc.): There is an existing drainage culvert system which runs from west to east through this are and discharges to Mclewis Bayou. Drainage-maintenance staff need to have access to th junction boxes, grate inlets, and baffle box which is located between 40th Street Cou Northwest and Mclewis Bayou. The right-of-way requested to be vacated shall be replace in its entirity with a Drainage Easement. :=1=o===O=B=J=E=C=T=S==to=t=h=e=v=a=c=at=io=n==pe=t=it=io=n=, =a=s =fi=le=d=, =fo=r=th=e=f=o=llo=w=i=n=g=r=ea=s=o=n=(s=)=: ======:.::-=-=--·------~ I ======---·------···----···- ADDITIONAL COMMENTS & INFORMATION: ·--- --·············-1 The site of the subject vacation request was: [8J inspected 0 not inspected ~h~-;;;~~· R. ~~~ste_~b~~~e;, P jt:ter;~~·- ~450~72_2 8 ;;;;, gerste nbe rge r@ myma_~t~e ~ r~ - -- . -1 0 lP~bll~ W~rks St~'~mwater Engineering r.·,.;,~------8/22/2011 Return cornpleted response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: ChecJs;/our response below- include explanation where necessary E1' l)a"s NO OBJECTION to the subject vacation application. ~ Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plan objectives, Code issues, replacement easements, etc.): {!) 'M~;~eA5&lflfAJ< i?aCoteeo ,h.>U- ?t!lllMeW~A- of ti.A-cJ,o,V, ( z) :t:MM~Dtf/4i!!' tAvoi3sfi2VC--$6 A~~~ w rn-1 cvr DBA-¥ IS A ~u~MK<.~~ ~ (i..(e De.NNA&e (84-~Nr, -¥-- -4TTAcbtt:tl> •· f1,ivll..C'5 of srtWdvM.> /tJ ?!Ji)pt:>5t£o V~CA--hdA.J UMII ,fs, .:s1a+-~ o~ .sttGuc...--fu Q..e~. 0 OBJECTS to the vacation petition, as filed, for the following reason(s):. ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: 0 inspected 0 not inspected revieM~dtML L. I Lur7-- ~~hone 7Lf 9£/ E~l cite'{. LIJT"L r;; !Uti~~.. ~ :DepartmenVDistrictVVhUG D1v1s1on I:> /-(). W t>J-5 h If~ 4-IJJN~ Date. Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL ~2054(:: -' ..' 748-4501 x6287 s:! ~ .. ; -:· .. ···,,,.: -· ...., [email protected] ...: .. .. !·1·3 · I· -· I i i>r .. -····· .. i -·· :0 )-.' ·~a '~ ·j ·~-S·-~-·-···'I. .. 011· &I: :·J::; 1:1 0 .• f Ul 0 ,.. :: 3. ' '·.·:-J . :··: UJ :¢. .· :·: i .. : ...I:. . ' . .• I. . - -~---- -~ ~------·-· .. -~ ~~~ ~- . ' ·. : . . v;r-· 1: Dh .. ! t • j. ' ' ~ :! ! i::: : , I I • ~ 1 · . ·I I·, I . ·--·•·--· ··:~.Ll!--i- : . :I:;. j RE: Jurisdiction Review E-mail Request (Thomas), Stewart St. aka 1st Ave. W. \., ~ti. Lantz. Bryan L (Bryan) 10: '[email protected]' 08/08/2011 08:58AM Lynn, Verizon has facilities in the area proposed for vacate and will require an easement in order to concur with the request. _,. ~ Sincerely, Bryan Lantz ~ Municipal Affairs and Right of Way Section Manager - Network Engineering and Planning Office: 813-740-1231 [email protected] ~ From: [email protected] [mailto:[email protected]] Sent: Wednesday, August 03, 2011 8:58 AM To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Lantz, Bryan L (Bryan); [email protected]; [email protected]; [email protected] Subject: Jurisdiction Review E-mail Request (Thomas), Stewart St. aka 1st Ave. W. From: Lynn Willis, Property Acquisition Division To: All Departments. and Private Utility Interests Date: August 2, 2011 Subject: Application File#V-11-199 APPLICATION TO VACATE UN-IMPROVED PLATTED RIGHT OF WAY Stewart St. a/kla f' Ave. W. An application has been filed requesting the vacation of certain, un-improved platted right-of-way known as Stewart Street, more com only known as 1'" Avenue West (see attached) situated on the plat of Harbor Crest, a Subdivision, Plat Book 4, Pages 79 and 79A. The applica t and owners of the property abutting the right of way on the north side is Kenneth L. and Sharon E. Thomas located at 101 40 111 St. Ct. NW. he applicant is seeking to vacate a 25-foot road right of way for the following reasons: The subject property is watered by the sprinkler system nd well of the parent tract, and is in effect a continuation private yard of the parent tract. There are security and safety issues to be improved by the v cation. The vacation will increase the assessed value resulting in increased revenue to the County. There is a precedent for this vacation request, s the property directly across the bayou has the same situation and the County vacated it November 30, 1993. The applicant is not aware of any public need for access, nor is aware of the public accessing the subject property . For matters of importance within your jurisdiction, a written assessment of the subject vacation action is requested (an optional reply:orm is attached for your convenience). Please forward this request to others within your organization whom you feel should have a role in the revi w of the application. We will appreciate any information that you and your staff feel is important and should be considered during the processing an approval of the Applicant's petition. Legal description(s) and other pertinent information are attached below. Receiving your review in a timely manner will insure your organization is properly represented when the application goes before the Bof3rd of County Commissioners for consideration. It is important your response be returned to my attention no later than Wednesday, August 17, 2011. Please let me know if you need additional time. Your assistance and cooperation during this review process are appreciated. Lynn Willis Real Property Specialist Property Acquisition Division Manatee County Government 1112 Manatee Ave. W. Bradenton, FL 34205 [email protected] fax 941-7 49-3007 941-748-4501 x6287 \ JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re. Application File # 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check y_our resiJ(Jnse below - include explanation where necessarv: 1:8] Has NO OBJECTION to the subject vacation application. 1:8] Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plar objectives, Code issues, replacement easements, etc.): There needs to be a utility/access easement to replace the right of way D OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: BrightHouse Networks has exisitng aerial Facilites within the proposed vacated Right of way. The site of the subject vacation request was: ~ inspected D not inspected Reviewer'& Name: E-mail: Alex Fleming 1941~7 48-3816 [email protected] Department/District 01v1S10n: Engineering Manatee Date. 8/5/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 [email protected] Page 1 of2 RE: Jurisdiction Review E-mail Request (Thomas), Stewart St. aka 1st Ave. W. Fleming, James A. to: [email protected] 08/05/2011 09:59AM Show Details There needs to be a utility/access easement to replace the right of way. Bright House has aerial facilities in the proposed right of way vacation, that would need to be accessed for Maintenance. File attached. Thanks Alex Fleming Field Engineer Ill 941-748-3816 ext 24051 Bright House Networks 5413 SR 64 East Bradenton, FL 34208 From: [email protected] [maiiJo:l•mn.willis@nJ")'manatee.org] Sent: Wednesday, August 03, 2011 8:58AM To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Lantz, Bryan L (Bryan); [email protected]; [email protected]; Fleming, James A. Subject: Jurisdiction Review E-mail Request (Thomas), Stewart St. aka 1st Ave. W. IFrom: IILynn Willis, Property Acquisition Division I Ira: I All Departments, and Private Utility Interests loate: IIAugust 2, 2011 I Application File# V-11-199 ISubjectl APPLICATION TO VACATE UN-IMPROVED PLATIED RIGHT OF WAY Stewart St. a/k/a 1st Ave. W. An application has been filed requesting the vacation of certain, un-improved platted right-of-way known as Stewart Street, more commonly known as 1st Avenue West (see attached) situated on the plat of Harbor Crest, a Subdivision, Plat Book 4, Pages 79 and 79A. The applicant and owners of the property abutting the right of way on the north side is Kenneth L. and Sharon E. Thomas located at 101 401h St. Ct. NW. The applicant is seeking to vacate a 25-foot road right of way for the following reasons: The subject property is watered by the sprinkler system and well of the parent tract, and is in effect a continuation private yard of the parent tract. There are security and safety issues to be improved by the vacation. The vacation will increase the assessed value resulting in increased revenue to the County. There is a precedent for this vacation request, as the property file://C:\Documents and Settir. ,s\l·rwillis\Local Settir. "~\T' 1· \r-,tf' 10 ·1) ;\~ ·. ': '·· · Page 2 of2 directly across the bayou has the same situation and the County vacated it November 30, 1993. The applicant is not aware of any public need for access, nor is aware of the public accessing the subject property . For matters of importance within yotJr jtJrjsdjctjoo, a written assessment of the subject vacation action is requested (an optional reply form is attached for your convenience). Please forward this request to others within your organization whom you feel should have a role in the review of the application. We will appreciate any information that you and your staff feel is important and should be considered during the processing and approval of the Applicant's petition. Legal description(s) and other pertinent information are attached below. Receiving your review in a timely manner will insure your organization is properly represented when the application goes before the Board of County Commissioners for consideration. It is important your response be returned to my attention no later than Wednesday, August 17, 2011. Please let me know if you need additional time. Your assistance and cooperation during this review process are appreciated. Lynn Willis Real Property Specialist Property Acquisition Division Manatee County Government 1112 Manatee Ave. W. Bradenton, FL 34205 lynn. willis@mymanatee .org fax 941-7 49-300 7 941-748-4501 x6287 CONFIDENTII\LITY NOTICE: Tl11s G·m,Jil n1ay cont:Jin :nform<'ltion th ~ 1-~·. '/C :\Documents and Settir -s\1 · rwillis\Local Settin ._ s\ Ten. >\notes 1DFF98\~web2711.htm 8/5/2011 JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11·199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below -Include expjanatlon where necessary: ~ Has NO OBJECTION to the subject vacation application. 0 Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plan objectives, Code issues, replacement easements, etc.): 0 OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: Administrative Determination AD-08-78 was issued January 13, 2009 to Kenneth Thomas regarding his adjacent residential property, lot 15 of the Harbor Crest Subdivision. From a zoning standpoint, vacation of the 25 foot platted right of way will increase lot area and lot width and appear to make the lot conforming to current RSF-3 lot size requirements. Also, a detached garage was nonconforming to both the front (40th Street Court NW) yard setback and platted Stewart Street setback based on the survey provided by Mr. Thomas. Vacation will provide relief only to the Stewart St. encroachment. Garage will still be nonconforming to front yard setback. The site of the subject vacation request was: 0 inspected [8J not inspected Reviewer's Name: 1 John Parks \941#~748-4501 j;[email protected] ~ s~iidi~~tri~nd Development Services Pl;~ning/Administrative Review~ Date. 8/15/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 · Lynn. [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below- include expjanatlon where necessary: [gl Has NO OBJECTION to the subject vacation application. D Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Pia~ objectives, Code issues, replacement easements, etc.): D OBJECTS to the vacation petition, as filed, for the following reason(s): I L ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: 0 inspected 1:8:1 not inspected Reviewer's Name: E-mail: Peter Bonk Ill 1792~8811-5291 [email protected] DepartmenUDistrict: Divis1on· Utilities Wastewater Date. 8/9/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 Lynn. willis@mymanatee .org JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below - include explanat on where necessary: 1Z1 Has NO OBJECTION to the subject vacation application. 0 Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Pia~ objectives, Code issues, replacement easements, etc.): 0 OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: D inspected D not inspected Rev1ewer's Name· E-ma1t: Major Dennis P. Dummer 1747~3011 [email protected] Department/District: Division. [Manatee County Sheriffs Office] Enforcement Bureau Date. 8/19/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 7 48-4501 x6287 [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re. Application file # 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below - include expjanatlon where necessary: ~ Has NO OBJECTION to the subject vacation application. D Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plan objectives, Code issues, replacement easements, etc.): D OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: 0 inspected [8J not inspected Rev1ewer's Name· E-mail: Wayne R. Troxler \.J'_,.f)~-- lxo7a5o [email protected] Department/District: Oiv1sion: Public Works Department Utility Engineering Division Date. Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below- include explanation where necessary: C8:l Has NO OBJECTION to the subject vacation application. I D Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plan objectives, Code issues, replacement easements, etc.): D OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: C8:l inspected D not inspected Revoewer's Name: E-ma.t: [Ronald J. Koper, Jr.] 1[941-7 49-3563] ron .koper@mymanatee .org Department/District: Diviston: [Public Safety] EMS Date. 8/10/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 Lynn. [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below - include explanation where necessary: [8] Has NO OBJECTION to the subject vacation application. D Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plan objectives, Code issues, replacement easements, etc.): D OBJECTS to the vacation petition, as filed, for the following reason(s}: ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: D inspected D not inspected Reviewer's Name: E-mail: Todd E. Boyle 1941~749-3024 [email protected] Department/Distnct: DiVIsion: Property Management Survey Division Date. 8/4/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Ch ec k your response b e I ow- me. I u d e exp•ana tlon wh ere necessary: [81 Has NO OBJECTION to the subject vacation application. I D Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plan objectives, Code issues, replacement easements, etc.): D OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: D inspected D not inspected 1 ------, [K ~7t"L;throp 1761~1555 [email protected] OepartmenVD1strict: Division: --=------~ West Manatee Fire Rescue Fire Marshal Date: 8/3/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below- Include explanation where necessary: [8J Has NO OBJECTION to the subject vacation application. 0 Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plar objectives, Code issues, replacement easements, etc.): 0 OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: ~------~ The site of the subject vacation request was: 0 inspected 1Z1 not inspected Reviewer's Name: E-ma1l: William Elmore 1(941) 792-8811 [email protected] DepartmenVDistrict: Divis1on· Utilities 1sewer Collections Division Date. 8-09-2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below - Include explanation where necessary: ~ Has NO OBJECTION to the subject vacation application. 0 Recommends the following CONDITIONAL requirement(s} be satisfied (e.g., Comprehensive Plar objectives, Code issues, replacement easements, etc.): 0 OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: ~ inspected 0 not inspected Reviewer's Name: E-ma11· Robert Crowton 1(941) 792-8811 [email protected] Department/Distnct: Division: Utilities Water Distribution Division Date. 8-09-2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 Lynn. [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File # 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below - include explanation where necessary: r8l Has NO OBJECTION to the subject vacation application. D Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plar objectives, Code issues, replacement easements, etc.): D OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: This vacation aligns with previous one on east bank, so roadway crossing is not planned. It should be noted that it appears private structures are constructed within the existing right-of way and proposed drainage easement that Stormwater Division will be requested. The site of the subject vacation request was: r8l inspected D not inspected Cvh;j~st~~eher Lee Mowbray, PE !x76o5 [email protected] DepartmenUDistnct: DiV1Sion: Public Works Highway Engineering Date. 8/22/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 [email protected] JURISDICTIONAL REVIEW RESPONSE TO APPLICATION TO VACATE (Optional Reply Form) Re: Application File# 11-199 Application to Vacate a Platted unimproved road right-of-way Upon review of the information provided for the subject application, the reviewer declares that he/she: Check your response below • include exp1 anatton where necessary: D Has NO OBJECTION to the subject vacation application. ~ Recommends the following CONDITIONAL requirement(s) be satisfied (e.g., Comprehensive Plan objectives, Code issues, replacement easements, etc.): FPL has no objection to vacate the requested 25' Right-of-Way as long as an easement is granted for our facilities along 1st Avenue West. FPL will need a 10' easement to cover our facilities that run along 1st Avenue West. D OBJECTS to the vacation petition, as filed, for the following reason(s): ADDITIONAL COMMENTS & INFORMATION: The site of the subject vacation request was: 0 inspected 0 not inspected Phone#: E-mail: [941-723-4426 carey_ [email protected] DepartmenUDistrict: Division: [Service Planning ~oa=te-:------~------L------8/24/2011 Return completed response form to: Lynn Willis, Property Acquisition Property Management Department 1112 Manatee Ave. W., Ste 800, Bradenton, FL 34205 748-4501 x6287 [email protected] Map Output Page 1 of 1 Palmetto , Interstates CJ Highlighted Feature Longboat Key till' U.S. Highways # Railroads CJ Sections Holmes Beach p~~ State Roads Parcels County Roads ,.... CJ :;;;;~m Bradenton /V' Florida Counties CJ Airports Bradenton Beach ,v' Major Roads -· Aerial Photography 2008 Anna Marla Residential Streets Owner THOMAS, KENNETH L Parcel ID 3562500003 ·-, .;.>. THOMAS, SHARON E ·, 101 40TH ST CT NW SCT \ l . NONE LUC 0100 ~ "' ' .,' HARBOR CREST PB4/79 Acres 0.1667 Lot 15- Block C Watershed NONE A- SW Commissioner John Chappie J::t-1.. Fl re D lstrlct West Manatee Flood Map 326_B GIS , ~ This map was developed by the Manatee County Zoning RSF-3 Flood Zone X,AE,XS Geographic fnformatlon Systems division. It Is prc\llded for general Future Land Use RES-3 Flood Way N reference, is subJect to change, and is not warranted for any Sec Twn Rng S28 T34 R17 Historic NONE particular use or purpose. Errors from non-colnddence ot feature! C, NONE Special Areas NONE from dtfferent sources may be present. NONE AFHD URBAN-A Mon Feb 28 10:16:37 EST 51 2011 -:'- ,..." I ~ HARBOR CQES1l MANATEE COUNTY. FLORIDA .. • ~, ..., ..... jl~ i.; ,,., ~;,[ .. -~ ,,.,. .1"~ ... "" .,_, ~~ .... _.,.~-.,£ "-~:. lt r..,. J+.' I -R- 1---¥--E- R ¥-+-E W - -- ~.IJ'-1...1 ! ! -1.; 7..T I ::-_, ..J4 t- .. r ,_, w -'-' j-'t-'' OUT •s I •• .. w I ::J _, Ir'.s- ''- ---. . 7~ 0:: I- (/) ..J6 .J 7 -'" ~· ~' -~--1 67 - ; AVENUE . = ~ - (:C,FT_.,I>'/L.I'*TF- O.F,.l/LpJ£.ATJON- .... ,... ,. ,...... ,_, r .... ,. .. •' - .. - .. ,.,. l Jr.•"cJV,.V -...:.,L PI SF _,0 Y ..S4- I .s.:s I .56 ..57 ~ -~::.!~ .. -.,.r~~~.::_/~:;-~~·~:::-~::-::::~: z t·JJ - ~-~ _, ~· ~ ~ ~ ~~- ~-:--lz ...... ""'••.. ,,...... ·'-"."' ,.,.. _._...... s-..... ,..,._.,4 .. ,,. w . .~ .. -.. "~" --- .. ,.('.., ,., ...... ~. ~ ...... ' 0 =~~...... :·--,•.:·: ,..:o~/ -·~""''", ... :-::;_. .,.--:,•;:., __ ,.._ ,-~, .. -~ -- ,...... ·-- ~.-.- 0 j u. ... ~3 •(/) :.. ~:: =~.. :·-:::. ·:_·:· :~._.;:::: ~ ...- ..--.::.:·=~· .. -:; --,;.~-·;·: .. ::' :..:-~ ~-- ...... lJ w z ... . a~. u.: V~-- ~ ·f· _, . ·~. -...... - " ... -. .$1 <( ..f.Z j 4~ ~ ~8 . '" . v ~,.~-~-- .....J d"{/t'T:i.A ·::1~4'7 - _j .· -.. -~ .. ··; -~-;;;.:-:. .. - ..J'' ....r ~---' -~"'- .~- '· ··:.,\. _-::-;:;-.;.· •..•-:-;-:-~-:-5 T-'f:-W-A R-T-- ;fJ',s'.J ,, _,.,._ J"/> -~ .... -' • ---5-T R -E--E T- --- r.L:..R -.,-_,,....JC..,.,T..!: I!:>F c·a.:?~·~ :r"J• ./f~-&N.:-.t.JJ'J- ~.ft'~I.V.-:,,"' A-- ,.,,.,..,. "''" ,.-,..,. ___ * --r:Ln:r.J·J'- ,/·--.•:r.-. o.·· (.~z.~~ • -- CL.•r.rr..JCHTL c-,r· .C: .. -.· ..-..:,·-: r-L.,,..,. !J.-.. , .... /'--~- .. .. c..-_.._,.T .J'...-rr ---~ .. :;- :"" .~ ••••- ~ ...... --- "- .... _...... _ .. _-- -- 1 StJJTH LIN£ OF IGTH 20 FCET STRl£T AOOR£SS r- - - _-.1 /"'""LOT 17 ILDCK C 101 40TH TREET COURT N.'J. I 1-<_ BRADENTC , f"LDRIDA 34209 INC. I -. I I --- - nR !S/1· -. LBU:JO D ZONE: X l,d I ...... ____ _ I ·------JNITY PANEL 1201~3--03268 I~ ) : 03--15-84 I I RCW.INDCR OF 1 ZONE : "B"."C"."O", at "X" ARE NOT I LOT 17 ~~:OTED..Jlh'gln~AZARO ZONE AREA.) I I BLOCK C ' I I I I I L. -:-----. I I I - i;f;R,;)-.-.-.-.-- I I I I I I -~-- ~£R PLAT I 1 ' I ~I I 'AGES 79 I I MANAT££ I LOT II i;. ~€ I IILOCK C I I' I I ~~ I .! I I BUILDING LIN£(!>> .I f I . N.B'J'44'Jtre. J30.7U' STC'oiART STRa:T ~· Q/exP> PUILIC II01tl ~VCJI NOTE: YACHT BASIN AS SHOv.t-j ON PLAT APPEARS TO BE TIDAL WATER VIITH A SEAWALl ON HALF Of" LOT BOUNDARY UNES WERE EXTENDED TO WATERS EDGE A WEAN HIGH WATER UNE WAS NOT PERF"ORI.I fOR THE PURPOSE Of' THIS SURVEY. NOTE: CERTIFIED TO : DRAI'tt-j BY: REVISIONS IN COI.IPUANCE ~TH :riDA STATUTES 61G17-6.00.31 (~ (E) If LOCATION Of' KENNETH L THOWAS & SHARON THOWAS S.J.C. EASEI.IENTS OR ~Gfif- -WAY OF RECORD, OR AND OTHER THAN THOSE ON RECORD PLAT, IS CHECKED BY: VALID" REQUIRED, THIS INfORI.IATlON I.IUST BE PROJECT NO: fURNISHED TO THE SURVEYOR AND t.iAF'Pt.R. OPYRIGHTED. S.C. 11 U.'1i">R1 '1i Joaquin Servia. Manager. Property Acquisition Property Management Dt:partmcnt 1112 Manatt!t: Avenu~ Wt:St, Suite 800 Bradenton. Flonda 34205 Vacation Appl # V-11-l'l9!Thomas Stt:wart St. a/k/a I'' Ave. W. SPACE ABOVE tHis LINE fOR REt OR DING DA I A=-··~··--·· ~~~~~~~r PERMANENT EASEMENT THIS INDENTURE, made this~ day of SfiTf"'""'"· 2011, between .Kenneth L. and Sharon E. Thomas whose mailing address is 101 40'h St. Ct. NW.. Bradenton, FL 34209 as Grantor, and COUNTY OF MANATEE, a Political subdivision of the State of Florida, with its mailing address being P.O. Box 1000, Bradenton, Florida 34206, as Grantee, WITNESSETH That said Grantor, for and in consideration of the sum of $1.00 and other valuable consideration in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold and transferred, and by these presents does grant, bargain, sell and transfer unto Grantee, a nonexclusive easement for ingress, egress, construction and maintenance ofsurface and/or underground drainage and utility facilities across the following described property situated in the County of Manatee, State of Florida, more particularly described as follows: See legal description identified as Exhibits "A" and attached hereto. This is a nonexclusive easement with the Grantor reserving unto itself, its heirs, successors or assigns, the right to the continued free use and enjoyment of the property herein described, for any purposes which are not inconsistent with the rights granted herein unto the Grantee. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal, the day and year above written. Signed, sealed, and delivered in the presence of: __e¥a.)lc~,)ll u • Wiu~s Kenneth L. Thomas _ Lhetp\ A Hc.cci ,r Witness~ ' U' Li-ne.. W. ~ .,..._.,,·tt, Sharon E. Thomas Primed Name (Signature of two witnesses required by law) STATE OF FLORIDA COUNTY OF MANATEE TI1e foregoing instrument was acknowledged before me this--~ f r.! . day of S 'i,OJf-"" /?If,,<. , 20_LL. by _ _ /!.-c:;:..:~:::I.J:..:/t.>~"2.~T~H:..__...::"-!..:"__!..,...... !.H~0:..:.4t:..:.'I:..:.S::..._....::"'_:__.v..::.~:..__-=.S..:..:H~If!.!~'-!=-c.u=---=E.:...---=..r..:.H..:.....=:o...:..A'I:..:...:...:I'I:....S=------, who are personally known ~or who have produced------=------as identification. ~~-~~ NOTARY PUBLIC Signature Printed Name Curve ~,. UP> Radius'"' 550.00 I Delta• 06'20'26' I I f' I I I I I I i lr'£ST IJOUNDARY : I _yBLIX:K C I . 7.+ .-. -:- -.-. -. -. -. _122' ~ ~ 1 SOU.,.Hf""''L Y 25' <1/2) PU.""lC ROir' "" "' --- cc._--NrcRL-INc7_- ·T _ exTENSION UNIHPROVfD ~ v, PLAT '---=-=---==-...,.--=-==-,;2;,;98;;;;3;;;.9~SO.;!. ~F~T.~:t"!:'!!!"P'-==-=---=--=--L ____ _!!!'N_!!AI?Y' C£NT£RLIN£ PHYSICAL WEST 118.53'(C) STR££T INTCRSCCTION NOTES SKETCH OF DESCRIPTION I. THIS SKETCH DOES NOT CERTIFY OR WARRANTY: Tin.E, ZONING, EASEMENTS LEGAL DESCRIPTION : OR FREEO()t,j OF ENCUMBRANCES. 2. THERE MAY BE AOOITIONAL RESTRICTIONS AND/OR EASEMENTS BEGIN AT TH£ SOUTHWEST CORNER QF LOT 15, BLOCK C, THAT ARE NOT RECORDED ON SAID PLAT THAT MAY BE FOUND HARBOR CREST, AS PER PLAT THEREOF RECORDED IN PLAT IN THE PUBUC RECORDS OF THIS COUNTY. BOOK 4, PAGES 79 AND 79A, OF TH£ PUBLIC RECORDS OF 3. THIS IS A SKETCH OF DESCRIPTION, NOT A BOUNDARY SUR\£Y OR HANA T££ COUNTY, FLORIDA, THENCE EAST ALONG TH£ SOUTH LIN£ QF SAID LOT 15, BLOCK C, A DISTANCE OF OR TO BE USED AS SUCH. 120.00 F££T; THENCE SOUTH 25.00 F££T TO TH£ CENTER OF 4.UNDERGROUND UTIUTIES NOT LOCATED FOR THE PURPOSE OF THIS SURVEY. ST£1r'ART STREET AS PER PLAT THEREOF ( ALSO KNOWN AS 1ST AVENUE lr'£SD1 THENCE WEST ALONG SAID CENTERLINE A DISTANCE 118.53 F££T TO A POINT ON TH£ SOUTH£RL Y EXTENSION OF TH£ £AST£RL Y RIGHT OF WAY LIN£ OF CRESCENT DRIVE AS SHOWN ON SAID PLAT, This instrument prepared by: Joaquin Servia, Manager, Land Acquisition Transportation Department P.O. Box 1000 Bradenton. Florida 34206 Vacation Applll V-11·199ffhomas Slewan Sl. alkla I" Ave. W. •••a•••llaJraa••••••••aaaaaaaaaaaaaaa:aoa:m::nnla::laaaaaa:::r:aSPACE ABOVE THIS LINE FOR RECC>ROJHG OATAa:r.a:::=:~~:::u::::ralla:raa:cul>:l:ll::l ::~:raa::r::ra:~r:::l;nu:a:raa:zaa:ac:::z;::r::r;::rll:::r:::r:: ;:::r: AFFIDAVIT OF OWNERSHIP AND ENCUMBRANCES STATE OF FA.ol.r)>A COUNTY OF 111Atn4 T £E..... BEFORE ME, the undersigned authority, this day personally appeared Kenneth L. and Sharon E. Thomas , whose mailing address is 101 40111 St. Ct. NW.. Bradenton. FL 34209, who being first duly sworn, deposals and say/s: 1. That the undersigned, hereinafter called the Grantor, is the owner of and has full authority to sell or encumber the following described property, (hereinafter "Property"). See legal description identified as Exhibit "A" attached hereto 2. That the Owner plans to convey the Property to the COUNTY OF MANATEE whose principal office is at 1112 Manatee Avenue West, Post Office Box 1000, Bradenton, Florida 34206 (hereinafter "Grantee"). 3. To the best of my knowledge the only mortgages, liens, encumbrances, induding but not limited to any leasehold interest or potential claims against the Property are: None 4. That there has been no labor, material, or service furnished for improvement of the Property, which remains unpaid, except as set forth in Paragraph 3 of this affidavit. 5. That there are no claims, demands, liens or judgments outstanding against the above described property and the Grantor is not indebted to anyone for any such Property, except as set forth in paragraph 3 of this affidavit. 6. That the Grantor makes this affidavit for the purpose of inducing the Grantee in the acquisition of the above described property. ~2.? Grantoi Grantor Kenneth L. Thomas Sharon E. Thomas Printed Name Printed Name SWORN to and subscribed before me this 22. """- da of ~I" T'i »r tJ £./t 2011, by Kenneth L. and Sharon E. Thomas who is re personally known to me er wl'le !:las~ pFedtJeed ------as identl 1ca ton. NOTARYPUBCIC Signature ~£e./t=v pt. I!/D6/-tS Prlnled Name ' t.Altl.PU ··a.·· I ~GdluS"' 550.00 I ~tto• 06"e0'26' 60.86 lt>lfo"' 02'36'33' I lrca: e5.05 -·- I I $CALE 1" = 30' :hard.. 25.04 I I ._J I :hard Brg. N.03'21'56''rl. I I I I I I I LOT t6 I BLOCK C I I I I I I I yll0' BUILDING LIN£ I I I I It i 11£ST BOUNDARY 7.+ .-. -:- -.-. -. -. -. _122' - . - . - . - . - . YBLOCK C I I I LOT t5 I I BLOCK c I I NOT INCLUDED ..... I ~~ I ~~ I L ______~ POINT OF . KGINNING EAST 120.00'(C) Sll CORN£R 1 LOT 15 BLOCK C 20'(P) NOTES t. THIS SKETCH DOES NOT CERTIFY OR WARRANTY: TI Tl£, ZONING, EASEMENTS ~ FREEOOU OF ENCUI.IBRANCES. 2.THERE I.IAY BE AOOillONAL RESTRICTIONS AND/OR EASOIENTS BE:GIN AT THE: SOUTHIIE:ST CORNER OF LOT 15, BLOCK C, THAT ARE NOT RECORDED ON SAID PLAT lriAT I.IAY BE FOUND HARBOR CRE:S~ AS PE:R PLAT THE:RE:OF RE:CORDE:D IN PLAT IN THE PUBUC RECORDS OF nilS COUNTY. BOOK 4, PAGCS 79 AND 79A, OF THE: PUBLIC RECORDS OF HANATE:E: COUNTY, FLORIDA, THENCE: E:AST ALONG THE: 3.1riiS IS A SKETCH Of DESCRIPTION, NOT A BOUNDARY SUR'-f:Y ~ SOUTH LINE: OF SAID LOT 15, BLOCK C, A DISTANCE: OF OR TO BE USED AS SUCH. 120.00 FCCTJ THENCE: SOUTH 25.00 FCE:T TO THC CCNTE:R OF 4.UNDERGROUND UTIUllES NOT LOCATED FOR THE PURPOSE Of THIS SURV£Y. STCIIART STRE:CT AS PCR PLAT THE:RE:OF ( ALSO KNOWN AS JST AVCNUC IICST>1 THENCE WCST ALONG SAID CCNTCRLINC A DISTANCE: 118.53 FE:CT TO A POINT ON TH£ SOUTHE:RL Y E:XTE:NSION OF THC CASTE:RL Y RIGHT OF WAY LINE: OF CRCSCCNT DR!VC AS SHOIIN ON SAID PLAT, < ALSO KNOWN CERTIFlCA TION : AS 4TH STRCCT COURT WCST>1 THCNCC N.03'21'56'W. ALONG SAID SOUTHE:RL Y E:XTE'NSION A DISTANCE: OF 25.04 FCE:T TO I CERTIFY THAT THIS SURV£Y WAS MADE UNDER t.4 Y DIRECTION AND THAT 1T t.4EETS THE: POINT OF BEGINNING. CONTAINING 2983.9 SQUARE FCCT THE I.IINIMUW TECHNICAL STANDARDS SET FOOTH BY THE BOARD OF PROFESSIONAL HOR£ OR LCSS. LAND SUR'v{YORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADt.IINISTRA TIV£ COOE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. REVISED 7-20-11 COUNTY COMMENT'S ll_M.35813A NOT A CERllflCATION OF TITlE. ZONING, EASOAENTS OR FREEDOM OF ENCUt.4BRANCES. "UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UcrNSEO FLORIDA COAST SURVEYING, INC. SURVEYOR AND t.IAPPER THIS ORAI'IING, SKETCH, PLAT OR I.IAP IS FOR INFORNA TIONAL PROFESSIONAL SURVEYOR'S, & MAPPER'S PURPOSES ONLY AND IS NOT VAUD" CERTIFICATE NO. LB-0006938 P. 0. BOX 20365 BRADENTON, FLORIDA 34204 BY: SURVEY DATE :06-24-.2.2_ 941-744-9295 FAX 941-748-6751 SCOT!' CRIDER. PSU: #5671 TOLL FREE 1-877-531-7193 Work Order No. __ EASEMENT This Instrument Prepared By Sec.28 , Twp 34 S, Rge 11 E Name: Co. Name: FPL Co. Parcel l.D. Planed RIW Address: (Maintained by County Appraiser) Fui 111 (Stocked) Rev. 71!t4 31'2~-A pg 1 of 2. The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement Reserved for Cirru1t Court feet in width described as follows: 'i ,, ': ,I ',I 1 SEE EXHIBIT "A" Together with the right to permit any other person, firm or corporation to artach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the san1e for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on S{tff'i~~'i"- 2-l , 20J.L Signed, sealed and delivered J/ ---; ~ in the presence of: )/c By: ~~ .L... • ,L-- (Grantor's signature) a• ~ Print Name: Kenneth L. Thomas (Wi s' Signature) I A H . Print Address: 101 40th St. Ct. Prim Name c. net~i~ss) o.rrJer Bradenton, FL 34209 ~Lii;-4~ By: (Wimess' Signantre) (Grantor's signaturt:) 1 Print Name .:u 1 Q. .-') e, W . s f11 I, .p~ Print Name: Sharon E. Thomas (Wimess) Print Address: same as above STATE OF Fit ot£t bA AND COUNTY OF AIAif.n4 Tti £... . The foregoing instrument was acknowledged before me this '2.1'.!' day of S t.f'T'i,~'i,.t. , 20_1_1_, by l<"*t.Uo £ r H -t, rl-l oAt"' S . and 3 tf "'J..£o~ E.. T'rlo J1"'S , who is( are) personally kno\VTI to me or has(have) produced as identification. and who did (did not) take an oath. 1Type of ldentificanun) My Commission Expires: 11- 1 s- 2.o 1 "f Notary Public. Signature ·•"''"'!!tt, BECKY M. MORRIS • ~\ Notary Public, State of Florida Print Name : j My Comm. Expires Nov. 15,2014 Commission No. EE 42037 Curve nuMber J Radius'" 550.00 I Delta• 06'e0'26' f' I I I I I I . I 'w'£ST BOUNDARY I: . I I 1eC'(P> - . - . - . - . YBLOCK C(P) I I I I I I I I LOT t5 ~ t I BLOCK C ~I ~I I NOT INCLUDED " ! ~S~: iS!' ~I ~I ~1 I lR I ~· ~· L ______j i I POINT OF j B£GINNING EAST 120.00'(C} : I SW CORNER p I . LOT 15 BLOCK C I 2 O'~ > 1r---;-e5:u I ~--~-=~~--ca~:a~~-=B~A~S~Is~a~r::B~£A:R~I~N~~cc--~~=--=~~~----- __ _RI GH_T ~_lolAr 1ST AVENUE WEST\ SOUTH LIN£ LOT 15 BLOCK c ~ ST£'./ART STR££T I 1ST AVE'NU'P WEST ~;t; 25' (J/2) PUBLIC R0'-1 : L 0 1-.::: 18' ASPHALT PAV£H£NT ST£'w'ART STREIT ~ 5 25 -- cc._-NT£RL-IN£7_- ~- -- ~lfrfZ~JM , u~e,;P:~egc ROW ~ Ill PLAT ._--~~----~~--.o~~e;98~3~.9~S~a~F~~r~~~.c~----~~.JL------~U~D4RY" C£NT£RLIN£ PHYSICAL WEST 118.53'(C} STR£H INT£RS£CTION NOTES SKETCH OF DESCRIPTION l.THIS SKETCH DOES NOT CERTIFY OR WARRANTY: TlTL£, ZONING, EASEMENTS LEGAL DESCRIPTION : OR FREEOOt.l OF ENC1.J1.4BRANCES. 2. THERE 1.4AY BE ADDITIONAL RESTRICTIONS AND/OR EASEJ.IENTS BEGIN AT TH£ SOUTHV£ST CORNER OF LOT 15, BLOCK C, THAT ARE NOT RECORDED ON SAID PLAT THAT J.IAY BE FOUND HARBOR CR£ST, AS P£R PLAT TH£R£0F R£CORD£D IN PLAT IN THE PUBUC RECORDS OF THIS COUNTY. BOOK 4, PAG£S 79 AND 19A, OF TH£ PUBLIC R£CORDS OF MANA T££ COUNTY, FLORIDA, TH£NC£ EAST ALONG TH£ 3. THIS IS A SKETCH OF DESCRIPllON, NOT A BOUNDARY SURVEY OR SOUTH LIN£ OF SAID LOT 15, BLOCK C, A DISTANCE OF OR TO BE USED AS SUCH. 120.00 F££T; TH£NC£ SOUTH 25.00 F££T TO THE: CE:NT£R OF 4.UNDERGROUND UT1UT1ES NOT LOCATED fOR THE PURPOSE OF THIS SURVEY. STE:VART STR££T AS PER PLAT TH£R£0F ( ALSO KNOVN AS 1ST AVE:NU£ V£ST>1 TH£NC£ VEST ALONG SAID C£NT£RLIN£ A DISTANCE 118.53 F££T TO A POINT ON TH£ SOUTH£RL Y £XT£NSION OF TH£ £AST£RL Y RIGHT OF VA Y LIN£ OF CR£SC£NT DRIV£ AS SHOWN ON SAID PLAT, < ALSO KNOVN CERTlflCA TlON : AS 4TH STRE:£T COURT W£STJ; THE:NC£ N.03'21'56'V. ALONG I CERllFY THAT THIS SURVEY WAS J.IAOE UNDER J.IY DIRECTlON AND THAT IT 1.4EETS SAID SOUTH£RL Y EXTENSION A DISTANCE OF 25.04 F££T TO TH£ POINT OF BEGINNING. CONTAINING 2983.9 SQUARE F££T THE 1.41NIJ.4UJ.4 TECHNICAL STANDARDS SET fORTH BY THE BOARD Of PROFESSIONAL MOR£ OR L£SS. LAND SURII£YORS AND J.IAPPERS IN CHAPTER 61G17-6, FLORIDA ADJ.41NISTRAT1VE CODE, PURSUANT TO SECTlON 472.027, FLORIDA STATUTES. REVISED 7-20-11 COUNTY COMMENT'S 11_M3581.3A NOT A CERT1FlCAT10N Of Tlll.E, ZONING, EASEJ.IENTS OR fREEOOt.l OF ENCUMBRANCES. "UNLESS IT BEARS THE SIGNAlURE AND THE ORIGINAL RAISED SEAL Of A FLORIDA UCENSED FLORIDA COAST SURVEYING, INC. SURII£YOR AND MAPPER TliiS ORA 'fliNG, SKETCH, PLAT OR MAP IS FOR INFORJ.4Al10NAL PROFESSIONAL SURVEYOR'S, & MAPPER'S PURPOSES ONLY AND IS NOT VAUD" CERTIFICATE NO. LB-00069.38 P. D. BOX 20365 BRADENTON, FLORIDA 34204 .06-24-11 BY : ------~ SURVEY DATE 941-744-9295 FAX 941-748-6751 SCOTT CRIDER. PSM #5671 TOLL FREE 1-877-531-7193 EASEMENT & RIGHT OF ENTRY THIS Easement & Right of Entry Agreement is made and executed the 21 ,.,e day of stllt~g~ ("Effective Date") by Kenneth L. & Sharo.n E. Thomas ,andlocated at 101 40th St. Ct, Bradenton FL 3 4 209 , hereinafter called the GRANTOR. to Bright House Networks, L.L.C. , having an office located at 700 Carillon Parkway. Saint Petersburg, Florida 33716, hereinafter called the GRANTEE. GRANTOR, in consideration of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is 1 acknowledged, being the owner of Property located at 101 40 h St. Ct. NW and more fully described herein as follows ("Premises"): SEE EXHIBIT "A" Begin at the southwest comer of lot 15. Block C. Harbor Crest, as per plat thereof recorded in plat book 4, pages 79 and 79A, of the public records of Manatee county, Florida, thence east along the south line of said lot 15, block C, a distance of 120.00 feet; thence south 25.00 feet to the center of Stewart street as per plat thereof ( Also known as 1st Ave West); Thence west along said centerline a distance 118.53 feet to a point on the southerly extension of the easterly right of way line of Crescent Drive as sown on said plat. (Also known as4'h Street Court West; thence N.03'21 '56'W. Along said southerly extension a distance of25.04 feet to the point of beginning. Containing 2983.9 Square feet more or less. GRANTOR HEREBY GRANTS, bargains and sells to GRANTEE, its agents, successors and assigns, irrevocable easement-in-gross interests in, on, over, across, under and throughout the Premises for as long as GRANTEE holds a franchise or equivalent right to deliver any Service in the Territory, plus an additional ninety (90) days thereafter for the construction, operation and maintenance of cable television facilities (including without limitation, wires, conduit, connectors and related equipment) installed or to be installed from time to time; with the right to reconstruct, improve. add to and remove any such facilities, and the right of ingress and egress to the premises at all times; and to enable GRANTEE to market and provide cable, Internet, telephone, data, entertainment, and other information and telecommunication services to residents of the Premises. GRANTOR hereby covenants with GRANTEE that it is lawfully seized of this Premises in fee simple; that it has good right oflegal authority to sell and convey the described interest in the Premises; and that this conveyance complies with its articles of incorporation and by-laws. IN WITNESS WHEREOF, GRANTOR has executed this Easement and Right of Entry Agreement in its name and has affixed its corporate seal hereto, by its proper officers, duly authorized to do so, on the day and year first written above. Signed, sealed and delivered '" (!'i;"J o.N~ By (Witne~C. 0 ._L , Print name: he.ri;l/11 £-rorr, ey- ~\5{~ (Witness) "}\ S 1 Sharon E. Thomas Print name: J...J1 ane 1AJ. !':h._l ~ Attest: (Secretary) STATE OF FLORIDA COUNTYOF F~oohM :1,. rf.,.... ii.J.- The foregotng 1nstrum~nt was acknowledged before me thts "2/ -_day of ,v , 2011. by ICtA.JI,I"\T/4 ~. T'"HO~S th.ii':) _'SH41(DtU £. l"HO ..AJ', , w#fO an.'- ?U.SoP/41.'-Y My commission expires: 11-1 ;, 20/"( DATED: BRIGHT HOUSE NETWORKS, LLC By: JC\hn W. Dosher Title: Vice President & General Manager Signed, sealed and delivered in the presence of: Witnesses: Print Name: ______ \\'itocsses: Print Name:. ______ STATE OF FLORIDA COUNTY OF MANATEE The foregoing instrument was acknowledged before me this_ day of ____, 2011 by John W. Dosher. He is personally known to me SEAL Print Name: ______ Title: Notary Public Serial No. (if any)•------Commission Expires:. ______Curve nul'lber J Radius• 550.00 I DelfO"' 06•20'26'(H) I Arc• 61' 60.86 - . - - . - . YBLOCK C I . I I I ~!L ~ • I ~""~~ ' I I c~~~ I : I I {...)~~~ {l t! I LOT t5 E--.~-.~ ... ~I ~I ~ I BLOCK c I NOT INCLUD£0 " ! ~! e:::Qi:U') j ::-:...it 25' (J/2) PUBLIC RO\ri ', 1ST A VENUE WEST C) !:::::: 18' ASPHAL T PAV,H£NT STEWART STR'n ~ C 1 SOUTHCRL Y ZS' NOTES SKETCH OF DESCRIPTION 1. THIS SKETCH DOES NOT CERTIFY OR WARRANTY: TITLE, ZONING, EASD.IENTS LEGAL DESCRIPTION : OR fREEDOU OF ENCUt.ABRANCES. 2.THERE tolAY BE AOOITIONAL RESTRICTIONS AND/OR EASEt.AENTS BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK C. THAT ARE NOT RECORDED ON SAID PLAT THAT tolAY BE FOUND HARBOR CREST, AS PER PLAT THEREOF RECORDeD IN PLAT IN THE PUBUC RECORDS OF THIS COUNTY. BOOK 4, PAG£S 79 AND 79A, OF THE PUBLIC RECORDS OF HANAT£E COUNTY, FLORIDA, TH£NCE EAST ALONG THE 3.THIS IS A SKETCH OF DE~PTION, NOT A BOUNDARY SUR\£Y OR SOUTH LIN£ OF SAID LOT 15, BLOCK C, A DISTANCE OF OR TO BE USED AS SUCH. 120.00 FEET; THENCE SOUTH 25.00 FEET TO THE C£NTER OF ~.UNDERGROUND UTlUTIES NOT LOCATED FOR THE PURPOSE OF THIS SURVEY. STEWART STREET AS P£R PLAT THEREOF ( ALSO KNOWN AS 1ST AVENUE WEST>; THENCE WEST ALONG SAID CENTERLINE A DISTANCE 118.53 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF TH£ EASTERLY RIGHT OF '.lAY LIN£ OF CRESCENT DRIVE AS SHOWN ON SAID PLAT, ( ALSO KNOWN CERTIFICATION : AS 4TH STREET COURT WEST>; THENCE N.03.21'56'W. ALONG I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS SAID SOUTHERLY EXTENSION A DISTANCE OF 25.04 FEET TO THE POINT OF BEGINNING. CONTAINING 2983.9 SQUARE FEET THE MINit.AUI.I TECHNICAL STANDARDS SET FORTH BY THE BOARD Of PROFESSIONAL MORE OR LESS. LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, flORIDA ADI.IINISTRATIVE COOE. PURSUANT TO SECTION ~72.027, FLORIDA STATUTES. REVISED 7-20-11 COUNTY COMMENT'S 11_M35813A NOT A CERTIFICATION OF TITLE. ZONING, EASB.AENTS OR FREEDOU OF ENCUMBRANCES. "UNL£SS IT BEARS THE SIGNAllJRE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED FLORIDA COAST SURVEYING, INC. SUR\£YOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORt.AATIONAL PROFESSIONAL SURVEYOR'S, & MAPPER'S PURPOSES ONLY AND IS NOT VAUD" CERTIFICATE NO. LB-0006938 P. 0. BOX 20365 BRADENTON, FLORIDA 34204 BY: ~------SURVEY DATE :~6_-_24-11 941-744-9295 FAX 941-748-6751 SCO'IT CRIDER, PSW #5671 TOLL FREE 1-877-531-7!93 FILENO.~-~ This instrument was prepared by: Bryan Lantz Verizon Florida LLC One Tampa City Center 201 North Franklin Street Tampa, FL 33602 COMMUNICATION EASEMENT THIS EASEMENT, made this day between the undersigned for the Kenneth Land Sharon E. Thomas whose address is Bradenton. FL 34209 (GRANTOR) and Verizon Florida LLC, a Florida limited liability company, whose address is P.O. Box 110 MC FL TP0007 Tampa, FL. 33601-0110, its successors, and assigns (GRANTEE): WITNESSETH, that for and in consideration of the mutual benefits which will accrue to GRANTOR and GRANTEE as a result of GRANTEE'S construction, installation, maintenance and operation of communication facilities within the GRANTOR'S premises described below, GRANTOR grants, conveys, bargains or sells to GRANTEE an easement to place, replace, remove and maintain telecommunication equipment and other such facilities it deems desirable for providing telecommunications and other communications services in, over, across and under the following described property Manatee County, Florida, to wit: Verizon Legal Description: A ten (1 0) foot wide easement strip defined as comprising an area five (5) feet on each side of the center line of the GRANTEE'S facilities as may be designed from time to time at a mutually agreed upon location within the GRANTOR'S premises as described in the Legal Description in Exhibit "A". The rights granted to GRANTEE specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate and move said facilities; (b) the right for GRANTEE to change the quantity and type of facilities; (c) the right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right. for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; (e) and all other rights and privileges reasonable, necessary or convenient for GRANTEE'S safe and efficient installation, operation and maintenance of said facilities and the enjoyment and use of said easement for the purpose described above GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the 1 OF 4 ?1.ed:3e, .cr:::t•.1rn tc: ;/eri_:.:c·n Florida !~LC /-.t:tn: Brj:'in L::1utz r-lCFLG::::- 'J 6S2 19 CJ 9 iJ;.; f·!"iJ'.l 3 Cl L l'·l Bi.,DG- D T.:~r·:J F.-\ . F L ), :: ;; l ') FILENO. ___ Easement Area. If fences are rnstalled, they shall be placed so as to allow ready access to GRANTEE'S facilities. If GRANTOR'S future orderly development of the premises is in physical conflict with GRANTEE'S facilities, Grantee shall, within 60 days after receipt of written request from the Grantor, relocate said facilities to another mutually agreed upon Easement Area in Grantor's premises, provided that prior to the relocation of said facilities: (a) Grantor shall pay to Grantee the full expected cost of the relocation as estimated by Grantee; (b) and Grantor shall execute and deliver to Grantee, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon completion of the relocation, the easement herein shall be considered canceled as to the portion vacated by the relocation. GRANTOR covenants not to interfere with GRANTEE'S facilities within the Easement Area in GRANTOR'S premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from any and all damages and injuries, whether to persons or property resulting from interference with GRANTEE'S facilities by GRANTOR or by GRANTOR'S agents or employees. GRANTOR hereby warrants and covenants: (a) that GRANTOR is lawfully and well seized of said land in fee simple in which the above described Easement Area is located; (b) and GRANTOR fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever; (c) and the Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to, and be obligatory upon, the successors, lessees and assigns of the respective parties hereto. 2 OF 4 FILENO. ___ IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal, the day and year above written. ~ 2.7--- Kenneth L. Thomas Witness"'- , S '.I lJ I 0/ne.,. (A} · ,..,.., I 'l-' ~ Printed Name Witnes Sharon E. Thomas Witness ~\!Yv~ Printed Name 'bt't:t ne. c.() . S rn t' +I) (Signature of two wirnesses required by law) STATE OF FLORIDA COUNTY OF MANATEE f..£ The foregoing instrument was acknowledged before me this 21 day of '3.:C.tl'rf""' /3-'i.fi., 2011, by Kenneth L. and Sharon E. Thomas,<[!10 are personally known to ~or who have produced ------as identification. ~~-~~ NOTARY PUBLIC Signature ..... ~~. !'~~:~~ BECKY M. MORRIS j~T'4'7f;:•\ Notary Public, State of Florida -J3f_(! /Cy .#f, ~Oi 3 OF 4 .t:.AJ:tUH.L "A'' Curv~ nul'lb~r J I Radius= 550.00 I Delta• 06"20'26' 60.86 - . - . - . - . - . -(BLOCK C I I I I I LOT 15 I BLOCK c I HOT INCLUDED '"' ! ~I I ~! L ______)I POINT OF . BEGINNING EAST 120.00'(C) SJ.I CORNER 120' LOT 15 BLOCK C NOTES SKETCH OF DESCRIPTION 1. THIS SKETD-i DOES NOT CERTIFY OR WARRANTY: TITLE, ZONING. EASSIENTS LEGAL DESCRIPTION : OR FREEDOU Of' ENCtJ~ojBRANCES. 2.THERE tolAY BE .AOOITIONAL RESTRICllONS AND/OR EASEMENTS BEGIN AT TH£ SOUTHWEST CORNER OF LOT 15, BLOCK C, THAT ARE NOT RECORDED ON SAID PLAT THAT MAY BE FOUND HARBOR CREST, AS PER PLAT TH£R£0F RECORDED IN PLAT IN THE PUBUC RECORDS OF THIS COUNTY. BOOK 4, PAGES 79 AND 79A, OF TH£ PUBLIC RECORDS OF MANA T££ COUNTY, FLORIDA, TH£NC£ EAST ALONG TH£ 3. THIS IS A SKETCH OF DESCRIPTION, NOT A BOUNDARY SURVEY OR SOUTH LIN£ OF SAID LOT 15, BLOCK C, A DISTANCE OF OR TO BE USED AS SUCH. 120.00 F££T; THCNC£ SOUTH 25.00 F££T TO TH£ C£NT£R OF 4.UNDERGROUND UllUTIES NOT LOCATED FOR THE PURPOSE OF THIS SURVEY. STEWART STR££T AS PCR PLAT TH£R£0F ( ALSO KNOWN AS 1ST AV£NU£ WCST>; TH£NC£ WCST ALONG SAID CCNTCRLIN£ A DISTANCE 118.53 F££T TO A POINT ON TH£ SOUTHCRL Y £XT£NSION OF TH£ £AST£RL Y RIGHT OF WAY LIN£ OF CRCSCCNT DRIV£ AS SHO'-'N ON SAID PLAT, ( ALSO KNOWN CERllFlCA TION : AS 4TH STR££T COURT WEST>; TH£NC£ N.03"21'56'W. ALONG SAID SOUTHCRL Y £X TENSION A DISTANCE OF 25.04 F££T TO I CERllf"Y THAT llliS SURVEY WAS '-lADE UNDER lo4Y DIRECTION AND THAT IT MEETS TH£ POINT OF BCGINN!NG. CONTAINING 2983.9 SQUARE F££T THE MINIMUM TECHNICAL STANDARDS SET FORlll BY THE BOARD OF PROFESSIONAL HOR£ OR LESS. LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA AD'-IINISTRATIVE CODE, PURSUANT TO SECllON 472.027, FLORIDA STATUTES. REVISED 7-20-11 COUNTY COMMENT'S ll_M35813A NOT A CERTIFlCA llON OF TITLE, Z~G. EASEJ,jENTS OR FREEOOU OF ENCUMBRANCES. "UNLESS IT BEARS lllE SICiliA'TURE AND lllE ORIGINAL RAISED SEAL OF A FLORIDA UCENSEO FLORIDA COAST SURVEYING, INC. SUR\£YOR AND UAPPER THIS ORAVIING, SKETQ-i, PLAT OR MAP IS FOR INFORMAllONAL PROFESSIONAL SURVEYOR'S, & MAPPER'S PURPOSES ONLY AND IS NOT VAUO" CERTlFICA TE NO. LB-0006938 P. 0. BOX 20365 BRADENTON, FLORIDA 34204 SURVEY DATE .06-24-11 941-744-9295 FAX 941-748-6751 8-~y . ------SCOT!' CRIDER. PSY #5671 TOLL FREE 1-877-531-7193 4 of 4 R-93-146-V s.,.,.I""m--•.. /HMBOR aa!ST ~. an AppU.cati.on For 'Itla Vacation Of Certain Stzeets, Roads or Other .Appi:opt:iata Property haa been f1.1ed before the Boerd of cnmty O:::mnissioners of Manatee cnmty, F1ori.da, by Ud'PPP L. an4 MN1fi!IZZf snasa. hudwJc1 and. wi.fe. and ~. A Resol.uticn Decl.arblg Not:loa of Publ.ic Heari..ng en Appl.:f.cat:l.cn For The Vacat:lon of Streets, Roads or ot:her Apprcpri.ata P:r:operty in oonnacticn therewith was dul.y ad:lpted by sa.id Board of O:Junty Ccmn1..ssi.c:na and a copy thereof was dul.y publ.ished in a newspaper of genaraJ. ci..rc:ul.at.ion in Manatee County, Fl.or.tda, and totiERERS, a publ..i.c hearing by said Board of Cl:lunty CDrm:1.ss:ioner was dul.y hel.d cxns:Ldering the advisabi.l.i.ty of grantl.ng sai.d ~l.icaticn, ar ac:me port:f.cn thereof, and the Board of OJunty c:l:xlm1.ssi.al was ful.l.y advised and infcn:med :l.n the premises. HeM 'li'IEREl'tME, BE rr RESOLvm, by the Board of County Q:mniss:Loners of Manatee County, F1ar:Lda, that: 1. 'lhere is hereby vacated, abandoned, disoc:nt.inued anc!l ol.oeed al.l. of that part or portion of the parti.cul.ar stx:eet, road or other appt:opLiate property in an un.i.ncorporated area of Manatee O:unty, Fl.orida, described as fol.l.ows: 'DmT ClmTJUN 25 FOOT RJ: 2. No part.i.on of the above descd.bed property oonsti.tutes ar was acquired for a state or federal. highway. 3. kly right of the O:unty of Manatee, F1orida, and the publ.ic in and to the above described real. property is hereby renounced and d:l.scl.ai.mad. 4. 'lhe aboYe-identifiad Appl.icant shal.l. cause a Not:ioa of the adoption of th:ls Resol.uti.on to be pubU.shed cne ( 1) t:1Jra in a newspaper of general. ci.rcul.ation in Manatee Cl:lunty, F1orida, within th.:irty ( 30) days fol.l.owing the adcpti.on hereof. 5. 'lhi.s vacation serves a va1id public purpoea and is in the pubH.c interest, in that the easement being granted to the CbJnty by El.dred L. and Maureen Sterns, .in exchange for the vacati.on, al.l.ows greater l.ati.tude in usage of the right-of-way. puLY ADO~, with a quorun present and voti.ng, this the J'c· of IVIs..-, '('1>,),-;,c ., , 19~. - BOARD OF CIJlltf1Y CX»MMSSJ:a£RS OF ~TEE CDW1'Y, Ft.aUDil Lft2 7}) . BY:~ --/A ~- A'rl'ES'I': R. B. SR:RE C1edc of C:l.rcu.i.t C"ourt f/( STATE OF FtDRIDA COUNTY 0~ ~~ "~. I herebY ~~rtily that tl.e lotegorn& ~ a true . the OLUliOtl NOt-5.3-/lf.l. ac!t19~ COPY 0 I R(S oi County Commi~onei"3 of ~d County oft Boar .d tl" J _ 1111 the ')c,tay of ~19 .Q..! IS~ ... - ~ in B;aden~n. F1orrdL Of c 'Cie r:z2;:>, ' -· R. B. Silore Clerk ol Circuit Coutl By ('j.e•'yc-¢4yLD.c. ----...----·------Thl' Brucknlon I krald E AS1 an PPlicallon maoe lo the Board of Commissioners of County, Florida, tor lhe vacation of the hereinafter 102>.1ANA1fl AVI W· .. • H•'' ·" more particularly described BRAOFNTON. IIO~Ir•• .l·l.'t ol·. •treeh. roads or olher aPPrO fFI.(PflmlE IR 131 14M II'. priale proPerly by ELDRED L lnd MAUREEN STERNS, Thl' Bnul.-utuu I h·ndd huSband and wife, and WHEREAS, said AP!-iication Puhlislwd I )uih seeks lhe vacation of that P11rt or POrtion of the street, road Bradenton. l\1anatN•. FlomL1 or other appropriate Property in an unincorPOrated area Of Manatee Countv, Florida, de STATE OF FLORIDA r.cribed as follows: THAT CERTAIN 15 FOOT COUNTY OF MANATEE: RIGHT-OF-WAY OF STEW· ART STREET (ALSO Before the undersigned aut horil.\ pt·r::-onally · ppt:>ared KNOWN AS 1ST AVENUE WESTJ AS SHOWN ON THE PLAT OF HARBOR CREST, ,Jill Rockefeller, who on llHt b savs that t-'IH' ~~ Lt>gal AS RECORDED IN PLAT BOOK 4, PAGE 79 OF THE Advertising Representativf• of The Bradenton ~ lt.·rald, a PUBLIC RECORDS OF MAN· ATE&: COUNTY, FLORIDA, LYING SOUTH OF LOT 14, daily newspaper published at Hradent<1n in v1anat.ee BLOCK 8 FROM THE SOUTHERLY EXTENSION County, Florida~ that the attached cop~· of t! ·t· adver OF THE WEST RIGHT-OF· WAY LINE OF RIDGE P DRIVE !ALSO KNOWN AS tisement, being a Legal Advertisement in the .tt t er of 39TH STREET COURT NORTHWEST! TO THE Pub 1 i c 1l c a r· i ; 1q R - 9 l - 2 1, - V SOUTHERLY EXTENSION OF THE WESTERLY. LOT LINE OF LOT 14, BLOCK IS ______in t ht: _< '(Ill rt, OF THE AFOREMEN· TtONEO HARBOR CREST PLAT. was published in said newspaper til t h1• 1:-i:-iltt-.·s • NOW THEREFOR&, BE IT RESOI.VED, by the Boarr1 of Countv Commissioner' of 10/20/93 Manatee County, Florida, thai a P -,,.,,,_- .. --~---- ·-- -- f)F fl'l W .,IIIJ(I ,.. "'M.l''i f'! ~~- ·. 'Ay CO~ffl ,..,_"1ro .,, · , ~· . L_t.·:r""'; ., .. ---.... ___ - ' - .... ------... l'er~"llctll~ 1\n,,,, '"'----- 1 r 1 ~ It . · ' ' I' ·1 , , , • '1\p!:' ol ldt't1!;!i,·;~!:"n l'r11d:Jo1:d ... -. 1st AVENUE WEST (aka Stewart Street) ,, Site Location: West of 40th Street Court West Sections 28/34/17 District 3 COMMISSIONER JOHN CHAPPlE Legend: Right-of-Way Vacation Ov' 1 1xh equals 70 tee! stances in consum~r products)~ R..JTru'Wt'l ~!.all pmmp!l)· &i>c lcutl.:r writteu •~oticc: of (a) any invcstigatio11, dairn. demand. lawsuit ur other action by any governmental or regulatory agency or private party invoh·ing the ProJ:eny and any Hazardous Substance or Envir011mental Law of which Borrower has actual knowledge:, (b) any Er.vironmental Condition, including but not limited to, any spilling, leaking, di3Charge, release or threat of release oiany lhzardous Substance, and (c) any condition causal by the presence, use or rclcao;e of a Hazardous Substance which adversely affects the value of the Property. lfl:lorrowcr learns, or is r.otilied by any governmental or regulatory authority, or any pm·ate P"rl)', rhat any removal or other rcmed•ation of any Hazardou$ Sub~t~nce t.ffect;ng the Property ts nece:oJ,ery, Uorro"'er >hall promptly tak~ all :1eces~ remedial !lCtions in occordan'e Wltil En,ironmental Law. Nothmg herem shall cn•ate any obliption ·Jn u'!1der for an Environmenta! Cleanup.
<'w, or at "ny time in th" future. be part of the re.:>J e>;tate !- i• cle(lned ;u follows: A. The inilill! indcNedncss ~<.-un:d by !hi.< Sccunly ln~rru.,.,.,.,r is rhc debt incuno1 under the rerrolS nf !til prumisomy n~.H«:~). contract\..,). gua.ranly(lt.."!oi) or other evallence of dcJ-.t dt::-'cribt-x.J below and ;aJJ the-ir ~.xtt.·n~t.ions. renewal!-., rnodit1carions or •ubMitution". 1 l'ou must sprrrfica/ly Jdenll/)' rh~ de/Jrtsl ucured a,.J mdude the llnal maturity of -'"d' dttbt(-<) ) A,. indioatad ln the hom- equity lin• agre-nt: dated OJ/2:Z/2010, viCh a cn&t\U,ity ~ate o! OJ/22/2040. pay for omy r«"ordaLion ~.s of ~h r~l~. 11. ENVl.RONMENTAL LAWS A.."'O UAZARDOOS SUBSTANC~. As used in 1h~' I