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<P> Rod/us= 550.00 Delta= 06.20'26'<H> / / t Arc= 61'(P)60.86(H) Chord= 60.8304> Chord Brg. N.01"06'34'£. I I w)~E I i~~ Curve nuMber 2<C> I i .:i Radius= 55aOO I I Delta= 02.36'33" I Arc= 25.05 L·-·-1-·-·-·-·-·- / 1. I I 128'(P)- . - . - . - . - . - . - . JCALE 1 = 30' Chord= 25.04 I / I Chord Brg. N.03•21'56'11. ; I I I :...1 I I I I :1"' I LOT 16 ,' I ....1 fl I BLOCK c I II I ~~·- I 10 I I ~ I .' I ! I ;(' BUILDING LINE:<P> / : I I I I I I i W£ST BOUNDARY : ! -z+ .-. _/_ -.-. -. -. -. _ 122'(P) - . - . - . - . - . _yBLDCK C<P> 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 <P>t ':" 1ST A VENUE WEST b ..,;;: 25' (1/2) PUBLIC ROWI : .~ STEWART STR££T "<P> ~ ~ 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.