www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 30, 2013
REVISED July 30, 2013 - Regular Meeting
Agenda Item #50


Subject
Resolution R-13-115, Bay Lake Estates, Phase II, Utility Easement Vacation, declaring a public hearing (Reinhardt).

Briefings
None

Contact and/or Presenter Information

Joaquin Servia, Manager, Property Acquisition Division, ext. 3021


Lynn Willis, Real Property Specialist, Property Acquisition Division, ext. 6287



Action Requested

Adoption of Resolution R-13-115, declaring a public hearing on August 13, 2013, at 9 a.m. or as soon thereafter for the purpose of considering and acting upon an application to vacate a utility easement in Bay Lake Estates, Phase II.



Enabling/Regulating Authority

Land Development Code: 

Chapter 9, Section 911.3, Public Hearing Requirements for Vacation of Streets, Roads and Other Appropriate Property. 

Florida Statues:

Chapter 177, Section 177.101 (3),  Vacation and Annulment of Plats Subdividing Land;

Chapter 336, Sections 336.09, et seq., Closing and Abandonment of Roads



Background Discussion
  • Background:
    The applicants Han Ferdinan Reinert and Mechtild Reinert are requesting a portion of a 10 foot utility easement be vacated.  The proposed vacation area is described as a portion of Bay Lakes Estates, Phase II, recorded in Plat Book 20, Page 175, containing a total of 726 square feet and is located north of 54th Avenue West and west of 86th Street West.  The applicant’s parcel is improved with a single family home and pool. There was a previous vacation located adjacent to the west side of the proposed vacation area recorded in Official Records Book 1372, page 0615.
  • Purpose of Request:
    The utility easement encroaches into the residence and pool area.  Many other lots have had the same 10 foot utility easement vacated.  Said encroachment was not created by applicants and is an encumbrance to the property which prevents any sales. 
  • County and Utility Company Review: 
    Jurisdictional review by appropriate County departments and private Utility agencies serving the location to be vacated have been notified of the applicants’ intention to file a vacation and have no objection nor any conditional requirements. This vacation would serve only the applicants and complies with the technical requirements of the County's Land Development Code and pertinent Florida Statutes.
  • Fiscal Impact:  All expenses associated with the subject application, its approval, and recording will be paid by the Applicant.  The application filing fee of $800 has been paid.


County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Adibe

Instructions to Board Records

Please return approved resolution copy to Lynn Willis, Property Management Department, lynn.willis@mymanatee.org



Cost and Funds Source Account Number and Name
None

Amount and Frequency of Recurring Costs
None


Attachment:  Reinert vacation application.pdf
Attachment:  reinert RLS.pdf
Attachment:  Reinert location map.pdf
Attachment:  bay lake est ph II.pdf
Attachment:  Resolution DECLARING-RD (Plats) SAVE REINERT.pdf