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

LOT 7

LOT 6

' \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:

LOT 7 - 0 9 0 P - 3 z r) d- C

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N 24'28'1 7" W 100.00' COPY