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I BOARD OF COUNTY COMMISSIONERS DATE: July 1,2008 AGENDA ITEM NO. I
/ Consent Agenda Regular Agenda
Countv Administrator's Sianatu
v*
Public Hearing
su biect: I
Petition to Vacate: Submitted by Scott F. Friedman and Debra M. Friedman for a Portion of a Utility, Drainage, and Sanitary Sewer Easement
Property Address: 13953 Whispewood Drive Clearwater, Florida 33762
File No.: 1307
Department: Staff Member Res~onsible:
Real Estate Management Paul S. Sacco, Director
Recommended Action:
I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BCC) ACCEPT THE PETITION TO VACATE, ADOPT THE ATTACHED RESOLUTION, AND AUTHORIZE THE CLERK TO RECORD THE RESOLUTION IN THE PUBLIC RECORDS OF PINELLAS COUNTY.
This petition to vacate a 2.5-foot portion of a 10-foot wide Utility, Drainage, and Sanitary Sewer Easement on Lot 7, Feather Sound-Custom Home Site Unit I Subdivision, is associated with the owners' desire to clear title. The property was recently purchased and in preparation for closing, it was discovered the original structure encroaches into an easement. The petitioners are the fee simple title holders of that portion of the plat that is requested to be vacated. The vacation of this portion of the plat will not affect the ownership or right of convenient access of persons owning other parts of the subdivision.
Appropriate staff members reviewed the subject area and determined the vacation would not have an adverse effect on the remaining easement area. Additionally, Letters of No Objection have been received from Bright House, Knology, Pinellas County Utilities, Progress Energy (Distribution), Progress Energy (Transmission), and Verizon.
Notice was mailed by the Clerk of the Court to all adjacent property owners, in accordance with Florida Statute requirements. The Deputy Clerk will report any citizen support or opposition to the BCC.
Research has found that there is no current Homeowners Association for the Feather Sound Custom Home Site Unit I Subdivision.
Revised 07-1 8-03
Fiscal impactlCostlRevenue Summary:
The owners have paid a $500 filing fee.
This Petition to Vacate was initiated prior to the $50 fee increase effective October 1, 2007.
ExhibitslAttachments Attached:
Petition to Vacate Letters of No Objection Notification List Resolution Location Map
Revised 07-1 8-03 Page 2 of 2
SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA
PETITION TO VACATE. PLAT OR PORTION OF PLAT (EASEMENT)
Comes now your Petitioners, Scott F. Friedman and Debra M. Friedman Name of Petitioner
and respectfully requests this Honorable Board of County Commissioners to adopt a resolution vacating:
Lands described in legal description attached hereto and by this reference made a part hereoE
Your petitioners represent that: 1) the petitioners own the fee simple title to the whole or that portion of the plat
(easement) that is sought to be vacated; 2) the vacation request herein will not cause injury to any surrounding
property or property owners, and that the above described property does not now serve and is not needed for any
public purpose; 3) the interest of the public will not be adversely affected by this vacation, nor will such vacation
affect the ownership, or the right of convenient access, of persons owning any other parts of said subdivision.
I hereby swear and/or a f f m that the forgoing statements are true: r
I h e r a s w e a r and/or affirm that the forgoing statements are true: , 1 * I
STATE OF FLOFUDA COUNTY OF PINELLAS
I,,,. u , / o t - :- .. . me.
Vanessa L Hei commission r @j
July 27, rw.=a!JI- D U ~ lm -as,(,,s
My Commission Expires: 7-d 7-q Commission Number: b '!k +Sd5
' \3 700 Carillon Parkway, Suite 6 St. Petersburg, FL 33716-1101
tel 727.329.2000
bright house
WErWOnKll
Date January 18th 2008
I
I Re: VACATION OF EASEMENT AT 13953 WHISPERWOOD DRIVE, CLEARWATER, FL I ~ 33762
Dew JAN BESSF-U
Thank you for advising us of subject proposed project/ vacation1 adjustment.
XX Bright House has no objection. SEE NOTES. -
- Bright House has no objections provided easements for our facilities are granted or retained as shown on the attached drawing.
I Bright House has no objections provided applicant bears the expense for relocation , any Bright House facilities to maintain service to customers affected by the proposed
vacation. I
5 - .L ., In order to properly evaluate this request, Bright House will need detailed plans of facilities proposed for subject areas.
Bright House has facilities within this area, which may conflict with subject project please call one call locating. SEE NOTES
- Bright House requires 30 days written notice prior to construction start date to relocate their facilities.
Please refer any further correspondence and pre-construction meeting notices to: Garth Arscott at (727) 329-2842 .
NOTES. NO OBJECTION
sincerely, 4 v
Garth Arscott Field Engineer I Bright house Networks
T e l e p h o n e C a b l e T V I n t e r n e t
January 14,2008
Jan Bessellieu Professronal Title Services 3321 4gth St North St Petersburg, FL 33710 . _
RE: Petition to Vacate 13953 Whisperwood Dr
Dear Ms. Bessellieu:
. Thank you for advrsing us of the subject proposed plat 1 vacat~on of easement1R.O.W. - -
-X- Broadband of Florida, Inc. has no objection.
- In order to properly evaluate this request, Knology Broadband of Florida, Inc. will need detailed plans of facilitres proposed for the subject area.
- Knology Broadband of Florida, Inc. has facilitres within this area wh~ch may conflict w~fh the subject project. Knology Broadband of Florida, Inc. has no objections provided easements for our facilit~es are granted or retalned as shown on the attached drawing or applicant bears the expense for relocation of any Knology Broadband of Florida, Inc. facilities to maintain service to customers affected by the proposed vacat~on. iL L.
Please refer any further correspondence and pre-construction meeting notices to: -
Knology.Broadband of ~ i o r i da , Inc. Bill King
Construction Supervisor 3001 Gandy Blvd. N.
Pinellas Park, FL 33782
Notes:
Field Engineer Knology Broadband of Florida, Inc. 727-239-01 55 Office 727-21 7-2649 Fax
3001 Gandy Boulevard North Pinellas Park, FL 33782 www.knology.com
(FOARD QT COUNTY COMMISSIONERS Robert 6. Stewart - Chairman
Calvin D. Harris - Vice Chairman
Ronnie E. Duncan
Susan Latvala
John Morroni
Karen Williams Seel
Kenneth T. Welch
Engineering P
Jan Bessellieu Professional Title Services - ' 3321 49" Street North St Petersburg, Fl. 3371 0
January 25,2008
RE: Petition to Vacate 10' Utility Easement 13953 Whisperwood Drive 02/30/1627513/000/0070
Dear Ms. Bessellieu
We have received your request for a letter of no objection to vacate the 10' utility easement on the property located at the referenced address. Pinellas County Utilities has no facilities in the easement and therefoie, has no objection to the proposed vacation.
Sincerely,
Pinellas County Utilities
Sandra L. McDonald, P.E. Public Works Engineering Supervisor
PLEASE ADDRESS REPLY TO: 14 5. Ft. Harrison Avenue Clearwater, Florida 33756
Phone: (727) 464-3588 FAX: (727) 464-3595
Website: www.pinellascounty.org
%
Professional Title Solutions, Inc. c/o Jm Bessellieu
I 3321 4gth Street Nor& I I S t Petemburg, FL 32746
RE: Repnest fo Vaeare: A portion of Platted Utility & Drainage Easement located at 13953 Wfiispmood Dr., Cleatwater, FL.
I
I Dear Ms. Bessellieu,
Please be Bdviscd that Progress Energy (formerly known as FIorida Power Corporation) has "no ob/ection9' to the vacation and abmdommt of a portion of the Plated Utility & Drainage Easement of Lot 7, Feather Sound Custom Home Site Unit 1, aceording to the Plat thereof, r e d e d in Plat Book 75, Pages 70 and 71 of the Public Records of Pinellas County, Florida, being more particulstsly described as follows:
See Legal Descrip%ion on the acmmpanylng Exhibit "At', attached hereto snd incorpomtd hereln by h i s reference. ., , I,
If I may be of funher assistance, please do not hesitate to contact me.
land Agent Distribution Right of Way - Florida
Pr*ogre~$ Energy F W a , Inc 3300 Exchange Piam Lake Mary F W a - 32746 Telephone (407) 942-9469 Facsimile (407) 942-9417
A Pwmss Energy CamPeny
- 7 ; - . . .. ' 2
- .
Energy
Jan Bessellieu Professional Title Services 3321 49" Street North St. Petersburg, FL 33710
RE: Vacation of Platted Drainage &/or U . t y Easemeas I3953 WiZsperwood Drive, Cleatwater; Sectio~ 02-30S-Z6B, Pinellas County
Dear Ms. Besselheu:
Please be advised that Plonda Power Corporation d/b/a Progress Energy Florida Inc. does not have any transmission fadties within this platted dramage and/or utility easement area. Transmission Siting and Acquisition has NO OBJECI'ION to the vacation and abandonment of that portion of the platted easement located on Lof 7, Feather S o d Ckrkm Home Site Unt 1, Pht Book 75, Page 70, as hghhghted and depicted on the attached Eghtbit "A".
This vacation and abandonment is contingent upon receipt of a separate letter of approval fiom PEF's Distribution Depamnent. Should you have any questions concerning the letter fiom the Disttibution department, please contact Jackie McKinney at (407)942-9469.
1 i
If fuaher assistance is needed fiom Transmission Siung and Acquisition, please call me at (407) 942-923 1.
Sincerely,
PROGRESS ENERGY FLORIDA, INC.
Progress Energy Florida, Inc. 3300 Exchange Place Lake Mary, FL 32746
Verizon Florida LLC 1280 Cleveland St. MC FLCW 5033 Clearwater, FL 33755-491 3 (727) 562-1 102 (727) 385-9653 Mobile Facsimile: (727) 562-961 3 lam/.rl .iohnsonAverizon.com
January 28,2008
~ Ms. Jan Bessellieu Professional Title Solutions, Inc. 3321 - 49" Street North St. Petersburg, FL 3371 0
I
RE: Request to Vacate a Portion of a 10-foot Public Utility, Drainage, & Sewer easement - LOT 7, FEATHER SOUND CUSTOM HOME SITE UNIT 1, Plat book 75, Pages 70 & 71
Pinellas County
Dear Ms. Bessellieu
Verizon Florida LLC will require easements as indicated on the attached plat.
Verizon Florida Inc requires no additional easements. &
Verizon Florida LLC does object to the above referenced right of way vacation. This is necessary, as we have-facilities in the existing rights of way, which needs to be maintained.
-
XXXX Verizon Florida LLC has no objection to the above referenced request.
Verizon Florida LLC has no objection to the above referenced vacate providing we may maintain an easement(s) presently occupied by our facilities or providing we are reimbursed for the relocation of our facilities to a new location. m
Please be advised that Verizon may have facilities in the area. Please contact Sunshine One Call 48 hours prior to commencement of construction at 1-800-432-4770 for utility location.
Please call me if you have any questions or need any additional information at (727) 562-1 102.
Engineering Support
A part of Verizon Corporation
ADJACENT PROPERTY OWNERS NOTIFICATION LETTER SENT TO THESE OWNERS
BY THE CLERK OF THE CIRCUIT COURT - BCC RECORDS DIVISION
MOSSBACHER, ROBERT P BOFMAN, AMY J PARKS, JOHN MICHAEL
MOSSBACHER, NICOLE I 139 15 WHISPERWOOD DR PARKS, LINDA ANN 1398 1 WHISPERWOOD DR 139 16 WHISPERWOOD DR CLEARWATER, FL 33762-3349 CLEARWATEk FL 33 762-3349 CLEARWATER, FL 33 762-3348
< 1. L
\ PINELLAS COUNTY BARBIERI, JOSEPH J TRE HANSEN, ROBERT H REAL PROPERTY 13954 WHISPERWOOD DR 13982 WHISPERWOOD DR ATTN: JOYCE GIBBS ZLEARWATER, FL 33 762-3348 CLEARWATER, FL 33 762-3348 509 EAST AVENUE
I CLEARWATER, FL 33756 I
ff COPY -
RESOLUTION NO.
RESOLUTION VACATING A PORTION OF A UTILITY, DRAINAGE, AND SANITARY SEWER EASEMENT ON LOT 7, FEATHER SOUND - CUSTOM HOME SITE UNIT I SUBDIVISION, AS RECORDED IN PLAT BOOK 75, PAGES 70 AND 71, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
WHEREAS, Scott F. Friedman and Debra M. Friedman, petitioned this
Board of County Commissioners to vacate the following described property:
Lands described in legal description attached hereto and by this reference made a part hereol; and
WHEREAS, the Petitioners are the fee simple owners of the portion of the 'i
plat they are seeking to have vacated, and the vacation of such portion of the plat
will not affect the ownership or right of convenient access of persons owning other
parts of the subdivision; and
WHEREAS, the Petitioners have shown that the requested vacation will not
cause injury to surrounding property owners and is not needed for any public
purpose; and
WHEREAS, the Publisher's Affidavit, showing compliance with the notice
requirements of Chapter 177.101 of the Florida Statutes, has been received by the
Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pinellas County, Florida, in regular session duly assembled on
this day of ,20-, that the above described property
and plat be, and the same are hereby vacated insofar as this Board of County
Commissioners has the authority to do so.
BE IT FURTHER RESOLVED that this Resolution and the proof of
publication of the notice of public hearing, be recorded in the deed records of
Pinellas County, Florida.
Commissioner offered the foregoing resolution
and moved its adoption, which was seconded by Commissioner
and upon roll call, the vote was:
AYES:
NAYS:
ABSENT AND NOT VOTING:
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