01

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                                            BOARD OF COUNTY COMMISSIONERS
                                                                                          DATE:   December 1,2009
                                                                                          AGENDA ITEM NO.

      Consent Agenda                           Regular Agenda                             Public Hearing




      Subiect:
       Legislative Petition to Vacate an Unopened Portion of Right-of-way

       Submitted By: International Capital Properties, Inc.
       Location:     13thStreet West
                     Tierra Verde, Florida 33715
       File No.:     1352
       Department:                                                  Staff Member Responsible:
       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 PURSUANT TO FLORIDA STATUTES 336.09 AND 336.10, AND
      AUTHORIZE THE CLERK TO RECORD THE RESOLUTION IN THE PUBLIC RECORDS OF PINELLAS
      COUNTY.




       Summarv ExplanationlBacknround:
       This petition is to vacate an unopened portion of right-of-way on 13thAvenue West also known as Sands Point
       Drive, retaining a utility, drainage, and access easement. This is a vacant unimproved dead end right-of-way
       located beyond the available terminal turn around, and will permit the petitioner to better utilize and have improved
       access to their property.

       The vacation of this portion of the plat will not affect the ownership, or right of convenient access of persons owning
       other portions of the subdivision. Additionally, staff reviewed the subject area and determined the vacation would
       not have an adverse effect on: the remaining right-of-way grid nor neighborhood traffic flow. The petitioner states
       that there is no variance application associated with this vacation.

       Letters of No Objection have been received from Bright House, Knology, Pinellas County Utilities, Progress Energy
       (Distribution), Progress Energy (Transmission), and Verizon. No Objection Letters have been received from the
       City of St. Petersburg and the Lealman Fire Department.

       Research indicates there is no Homeowners Association (HOA) for the Tierra Verde Unit One, Second Replat
       Subdivision.

      Notice was mailed by the Clerk of the Court to the adjacent property owners and nearby residents, in accordance
      with Florida Statute requirements. The Deputy Clerk will report any citizen support or opposition to the
      BCC.



         Revised 07-18-03                                                                                         Page 1 of 2
Fiscal lmpactlCosWRevenueSummay:
The fee of $550.00 has been received.




ExhibitslAttachments Attached:
Petition to Vacate
Notification List
Resolution
Location Map




  Revised 07-1803                       Page 2 of 2
      SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS
                OF PINELLAS COUNTY,FLORIDA
                 P m O N TO VACATE. PUBLIC RIGHTS-OF-WAY OR ALLEYS

       Comes n w your Petitioners, International CaDital h d e s , Inc.
              o
                                          Name of Petitioner

and respectfully requests this Honorable Board of County Comnksiomm to adopt a resolution v m :
                              Laadsdescribed in legal description attached
                            hereto and by this reference made a part hereof.

Y u petitioners r e p m t that 1) the petitioners own the fee simple title to the whole or t a portion of
 or                                                                                         ht
the plat (ememat) that is sought to be vacated; 2 the vacation request herein will not came injury to
                                                 )
any surrounding property or property owners, and that the above M b e d pmperty does not now serve
and is not needed for any public purpose; 3) the interest ofthe public will not be adversely affiected by
this vacation, nor will such mation affect the ownership,     r
                                                             o the right of convenient access, of -1
                                                                                                   1s

owning any other parts of said subdivision.


                                              w
                                     J hereby s m and/ord l k n that the forgoing statements are true:




STATE OF FLORIDA
COUNTY OF PINEL,LAS
Swomto(or~ed)andsubsaibedW~remtthis             '7t-4 dayof Oc)ode V                         .2WL-,
by Edward Medley. President.                             bprodwled
      as i-doon,       and who did @idnot)take an oath.

                                 NOTARY
                                   SEAL
                                  SECTION 30, TOWNSHIP 32 SOUTH, RANGE 16 EAST
                                            PINELLAS COUNTY, FLORIDA




             LEGAL DESCRIPTION:
             pROPO5ED VACATION OF RIGHT OF WAY

            A TRACT OF LAND LYING IN SECTION 30, TOWNSHIP 32 SOUTH, RANGE 1 6
            EAST, PINELLAS COUNTY, FLORIDA AND BEING A PORTION OF THE RIGHT OF
            WAY UMITS OF 13TH STREET WEST A K A SANDS POINT DRNE AS RECORDED
            IN TIERRA VERDE UNIT ONE, PLAT BOOK 57, PAGES 4 2 THROUGH 55,
            INCLUSIVE, OF THE PUBUC RECORDS .OF PINELLAS COUNTY, FLORIDA, AND
    I
            BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

            BEGIN AT THE SOUTHERNMOST CORNER OF BLOCK 2 6 OF TIERRA VERDE
            UNIT ONE; SECOND REPLAT, PLAT BOOK 59, PAGES 90 THROUGH 94,
            INCLUSIVE: THENCE RUN ALONG THE ARC OF A cueve CONCAVE
            SOUTHEASTERLY AND BUNG THE SOUTHERLY BOUNDARY OF SAID BLOCK 26,
            SAID CURVE HAVING A CENTRAL ANGLE OF 45°30'1£3", A RADIUS OF 157.08
            FEET AN ARC LENGTH OF 124.75 FEET, AND CHORD BEARING AND
            DISTANCE OF N5 1 " 08'32" E, 1 2 1.50 FEEX THENCE LEAVING SAID SOUTHERLY
            BOUNDARY UNE, RUN 500°36951"E, A DISTANCE OF 74.57 FEET TO A
            POINT ON THE SOUTH RIGHT OF WAY UNE OF 13TH STREET WEST; THENCE
            RUN 509°00'OT'W, ALONG THE SOUTH RIGHT OF WAY UNE OF 13TH
            STREET WEST, A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING.

            CONTAINS 4,556 SQUARE FEET OR 0.1046 ACRES, MORE OR LESS.




            GULFCOAST SURVEY ASSOCIATES, INC.                           L B . 6 7 11


           HWILLIAM C. WARD
                                             m                                  DATE          /b   - 6b 3
                                                                                                    /c      v




            PROFESSIONAL LAND SURVEYOR NO. 4 0 15
            STATE OF FLORIDA                       ti
                                                    w
                                                  Rw d by:                              Ad
                                                                            Date:
         SKETCH AND LEGAL DESCRIPTION ONLY - THIS IS NOT A SURVEY
                                                                                                                  PAGE 1 OF 2
3113TH STREET WEST aka SANDS POINT DRIVE
a
5
                                                                   - PROPOSED VACATION OF RIGHT OF WAY
                                                                                         TS

                                                                                          10- 16-09
           t r i o PN
                    I-        BAWAY, WIE111. T I ~(OsDG FLORID*
                                                      A         33715   .JOB NUMBeR: 06030
                         PHONE: 727-864-9211  FAX: 727-864-9215
                                 www.gulfwastsu~yey,com                  FILE LOCATION: 5:\(iCSA\2009\   ...\~~O~O-VACAT~D-ROW.DWC
'-
     t




                                                     PINELLAS COUNTY, FLORIDA



             SCALE: 1" = 30'



                                       INTERNATIONAL CAPITAL PROPERTIES
                                                 (O.R. 9856, PG. 964)
                                           PID: 3013211 6/908641026/0001




                                                                                             13TH STREET WEST
                                                                                            aka SANDS POINT DRIVE
                                                                                           RA VERDE UNIT ONE, PER P.B. 57, PGS. 42-55)



                                                   VACATION OF
                                                AREA = 0.1046 Ac*
                                                 R
                                                A M = 4,556 5.F.




                 UNPLATED LANDS
             PINELLAS COUNTY BOARD
            OF COUNTY COMMISSIONERS
                  (O.R. 4929, PG. 41)                                                             Ac       ACRES
            PID: 30132116/000000/140/0100                                                         0.R.     OFFICIAL RECORDS
                                                                                                  P.0.     PIAT BOOK




                                              CURVE TABLE
         CURVE   I   DELTA ANGLE   I   RADIUS ( ARC LENGTH     I   CHORD BEARING    I   CHORD LENGM
           c1    1     45-30'18"   1   157.08' 1  124.75'      I    N 51'08'32" E   I      121.501
                  PROPERTY OWNER NOTIFICATION LIST FOR FILE #I352

                                    PETITIONER

           INTERNATIONAL CAPITAL PROPERTIES, INC.
           ONE COLLANY ROAD
           TIERRA VERDE, FLORIDA 337 15

                           ADJACENT PROPERTY OWNERS
                    NOTIFICATION LETTER SENT TO THESE OWNERS
             BY THE CLERK OF THE CIRCUIT COURT - BCC RECORDS DIVISION

                                                              WOLF, BRYON W
FERRY, SUZANNE                  ARNOLD, STUART W              WOLF, MICHELLE
635 COREY AVE                   2363 HADDON HaLL PL           APT 4101
ST PETE BEACH, FL 33706-3604    CLEARWATER, FL 33764-7509     630B PINELLAS BAYWAY S
                                                              ST PETERSBURG, I 337 15-2902
                                                                              3
                                CAMMAROTA, ANTONIO
CITY OF ST PETERSBURG
PO BOX 2842                     CAMMAROTA, CLOTILDE           REAL PROPERTY DMSION
                                421 3RD AVE N                 ATTN: JIM MELOY
ST PETERSBURG, FL 3373 1-2842                                 509 EAST AVENUE
ATTN: AMY MCGARR                TIERRA VERDE, FL 33715-1722
                                                              CLEARWATER, FL 33756
KRASMAN & ASSOCIATES
BRET KRASMAN, P.E.              CHIEF RICHARD GRAHAM
1714 COUNTY ROAD 1              LEALMAN FIRE CONTROL DIST
SUITE 14                        4360 5sTHAVENUE NORTH
DUNEDIN, FL 34698               ST. PETERSBURG, FL 33714
                         RESOLUTION NO.



        RESOLUTION VACATING A PORTION OF RIGHT OF
        WAY TIERRA VERDE UNIT ONE SUBDIVISION PLAT
        BOOK 57, PAGES 42 THROUGH 55 IN SECTION 30-32-16,
        AND RESERVING A UTILITY, DRAINAGE, AND ACCESS
        EASEMENT OVER THE VACATED AREA.



       WHEREAS, International Capital Properties, Inc., have 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 hereof; and


       WHEREAS, the Petitioners are the apparent owners of record of the portion

of the plat requested to be vacated, and have shown that 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

       WEEREAS, the Petitioners have shown that the requested vacation will not

cause injury to surrounding property owners and is not needed for any public

purpose except those retained by a utility, drainage, and access easement; and

       WEEREAS, a utility, drainage, and access easement will be reserved over

the entire vacated area, as described in the attached legal description; and

       WHEREAS, the publisher's affidavit, showing compliance with the notice

requirements of Chapter 336.10 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, reserving a u i i y drainage, and
                                                           tlt,

access easement over the entire vacated area, insofar as this Board of County

Commissioners has the authority to do so, pursuant to 336.09, Florida Statutes.

       BE IT FURTHER RESOLVED that this resolution and the proof of

publication of the notice of public hearing, and the proof of publication of the notice

of adoption hereof, 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:
                               SECTION 30, TOWNSHIP 32 SOUTH, RANGE 16 EAST
                                         PINELLAS COUNTY, FLORIDA




              LEGAL DESCRIPTION:
              P                                     p
              A TRACT OF LAND LYING IN SECTION 30, TOWNSHIP 3 2 SOUTH, RANGE 16
              EAST. PINELLAS COUNTY, FLORIDA AND BEING A PORTION OF THE RIGHT OF
              WAY UNITS OF 13TH STREET WEST AKA SANDS POINT DRIVE A5 RECORDED
              IN TIERRA VERDE UNrr ONE, PLAT BOOK 57, PAGES 4 2 THROUGH 55,
              INCLUSIVE, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, AND
              BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

              BEGIN AT THE SOUTHERNMOST CORNER OF BLOCK 2 6 OF TIERRA VERDE
              UNIT ONE; SECOND REPLAT, PLAT BOOK 59, PAGES 9 0 THROUGH 94,
              INCLUSIVE: THENCE RUN ALONG THE ARC OF A CURVE CONCAVE
              SOUTHEASTERLY AND BEING THE SOUTHERLY BOUNDARY OF SAID BLOCK 26,
              SAID CURVE HAVING A CENTRAL ANGLE OF 45"30'10", A RADIUS OF 157.08
              FEET AN ARC LENGTH OF 124.75 FEET, AND CHORD BEARING AND
              DISTANCE OF N51 008'32"E, 121.50 FEEt THENCE LEAVING SAID SOUTHERLY
              BOUNDARY UNE, RUN 500°36'51"E, A DISTANCE OF 74.57 FEET TO A
              POINT ON THE SOUTH RIGHT OF WAY UNE OF 13TH STREET WEST; THENCE
              RUN 5 8 9 "OO'OT'W, ALONG THE SOUTH RIGHT OF WAY UNE OF 13TH
              STREET WEST, A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING.

              CONTAINS 4,556 SQUARE FEET OR 0.1046 ACRES, MORE OR LESS.




             /m
              GULFCOAST SURVEY ASSOCIATES, INC.



              WILUAM C. WARD
              PROFESSIONAL LAND SURVEYOR NO. 4015
                                                        L.B. 67 1 1


                                                               DATE   /d - 6 9
                                                                          /-d
                                                                            i


              STATE OF FLORIDA




3
9
3                                                                                PAGE 1 OF 2

P
J
                                                    -
     13TH STREET WEST aka SANDS POINT DRIVE PROPOSED VACATION OF RIGHT OF WAY
3
N
/
a
3
              S U R V E Y
                                 -A
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3
/             S U R V E Y O R S     M
              1110 PINEUAS BAYWAY, SUI
%
                                        SECTION 30, TOWNSHIP 32 SOUTH, RANGE 16 EAST
                                                  PINELLAS COUNTY, FLORIDA
     30' 20'           0
      3P'      10'

           SCALE: 1
                  "         = 30'




                                       INTERNATIONAL CAPITAL PROPERTIES
                                                    (O.R. 9856, PG. 964)
                                            PID: 30/32/16/90864/026/0001               W W
                                                                                       V)   0




                                                                                                                                              ---


*.
n
.                                                                                                 13TH STREET WEST
n
n                                                                                                aka SANDS POINT DRIVE
3
3                                                                                            ERRA VERDE UNIT ONE, PER P.B. 57, PGS.4245)
N
\
9
                                                                                                              __-----
                                                                                                                     9 ' R/W
                                                                                                                      0




                                                                                                        --                          --              --
                                                                                                                   50%    R/W UNE




                                                                                       0 rn                  LEGEND:
                                                                                       m cu
                                                                                       ZZ                 AC        ACRES
                                                                                       00                 O.R.      OFFICIAL RECORD5
                                                                                                          P.B.      PLAT BOOK
3                                                                                                         PC        POINT OF CURVATURE
3                                                                                                         P .       PAGE
Y                                               I        I                                                PI0       PARCEL ID NUMBW
-                                               I        I
n                                                                                                         P.O.B.    POINT OF BEGINNING
                                                                                                          P.O.C.    POINT OF COMMENCEMENT
-
1                                                                                                         R/W       RIGHT OF WAY
2                                                                                                         SEC.      SECTION
3    -         -
                                                CURVE TABLE
-
rl    CURVE    I   DELTA ANGLE    I    RADIUS       I   ARC LENGTH     I CHORD BEARING I    CHORD LENGTH
a
L)      C1     1    4'01"
                     53'8         1    157.08'      1         2.5
                                                             147'      I N 51'08'32" E I          1
                                                                                                1 2 30'
a
>
/

?
3
     SKETCH AND LEGAL DESCRIPTION ONLY - THIS IS NOT A SURVEY                                                                        AGE 2 OF 2

2 13TH STREET WEST aka SANDS POINT DRIVE - PROPOSED VACATION OF RIGHT QF WAY
9


3
                                                                                                   TS

                                                                                                   1 - 16-09
                                                                                                    0
                    ino PINUS    BAWAY, sum 111. m m ~ *wm~, O R O Au n 5
                                                               ~               JOB NUMBW:          06030
                            PHONE: 727-864-921 1 FAX: 727-864-921 5
                                      www.guIfrnastsu~vey.mm                   FILE LOCATION: 5:\GCSA\2009\          ...\~ ~ ~ ~ ~ - V A C A T ~ D - R O W . O W
                                  Petition to Vacate
                                     File No.: 13,L.
                                                   57




                              Pinellas County
Map & Subject(s) are for
   Reference On1y          Real Estate Management
  NOT TO SCALE
                            Real Property Division

				
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