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Manatee County Government Administrative Center Honorable Patricia M. Glass Commission Chambers 9:00 a.m. - December 10, 2019
December 10, 2019 - Regular Meeting
Agenda Item #82


Subject
Consider scheduling a public hearing to vacate certain streets, roads, and easements known as Kay Road, a 20-Foot-Wide Landscape/Sidewalk Easement, a portion of Tract 216, Tract 517, Tract 517-A, and Tract 518 at Upper Manatee River Rd, Bradenton, Florida

Briefings
None

Contact and/or Presenter Information

Joy Leggett-Murphy, Property Acquisition Division Manager, Property Management Department, Extension 3439

Tim Cristello, Real Property Specialist, Property Acquisition Division, Property Management Department, Extension 6284



Action Requested
  • Motion to schedule a public hearing to consider vacating certain streets, roads and easements specifically Kay Road, as recorded in Official Records Book 1711, Page 673, of the Public Records of Manatee County, a 20-foot-wide Landscape/Sidewalk Easement, Tract 216, Tract 517, Tract 517-A as shown on the plat of Waterlefe Golf and River Club Unit 7, as recorded in Plat Book 38, Page 54 and Tract 518 as shown on the plat of Waterlefe Golf and River Club Unit 9, as recorded in Plat Book 39, Page 10 of the Public Records of Manatee County, Florida; and
  • ADOPT Resolution R-19-158.


Enabling/Regulating Authority
  • Florida Statutes, Chapter 336.09 et sec., Closing and Abandonment of Roads, Authority, and 336.10, et sec., Publication of Notice
  • Manatee County Land Development Code, Section 331, Vacation of Streets and Plats


Background Discussion
  • This County initiated vacation application is in performance of a local development agreement (LDA) between the County and the developer for the Residences of the Watercolor Place project. 
  • The LDA provides that the developer will complete construction of Port Harbour Parkway (f/k/a Kay Road) within the project and dedicate it to the County.  In exchange, the County is required to convey the right-of-way along the northern boundary of the project, which was previously dedicated to the County for the same road. 
  • The LDA requires the County to convey the right-of-way to the developer with marketable title.
  • Pursuant to Chapter 336, Florida Statutes, in order to convey marketable title the County must initiate a right-of-way vacation proceeding along with deeding its fee interests.
  • The CDD for the adjacent development, Waterlefe, also owns certain interests in land that it intends to convey to the developer by a separate transaction.
  • On August 12, 2019, representatives of the County, the developer, and the CDD met and discussed the details of the process for vacating and conveying the various rights-of-way and easements.
  • These rights-of-way and easement areas are no longer needed because the developer is building an alternative right-of-way to Port Harbour Parkway Extension at Heritage Harbour. 
  • Jurisdictional Reviews by the appropriate County Departments and Private Utilities Companies serving the location have been notified. 
  • The Utilities Department stated that one area to be vacated includes a 12-inch water main.  The Utilities Department dropped its objection on the basis of the Watercolor Place Phase 1 project will have platted right-of-way in which the 12-inch water main will reside. 
  • However, the County Attorney's Office recommends a utility easement from the developer over this area to protect the County's water main to be held in escrow and record the easement when it is appropriate.  Said easement will be simultaneously presented at the proposed public hearing.
  • The application complies with pertinent Florida Statutes and the Manatee County Land Development Code.
  • This is a County initiated vacation request, therefore an application filing fee is not required.


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

Explanation of Other


Reviewing Attorney
Clague

Instructions to Board Records

Please return a certified copy of the executed resolution to Tim Cristello, Property Management Department, 1010 Manatee Avenue West, Bradenton, Florida 34205.

Email a copy of the approved agenda item to:
Tim Cristello at Tim.Cristello@mymanatee.org
Scott Rudacille at srudacille@blalockwalters.com
Juliet Shepard at Juliet.Shepard@mymanatee.org



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Resolution R-19-158.pdf
Attachment:  Property Management Department Report and Recommendation.pdf
Attachment:  BADS Director Suffiiciency Memorandum V-18-505.pdf
Attachment:  Jurisdictional Reviews and Supplement V-18-505.pdf
Attachment:  Response Email to CAO Matter No. 2019-0541 .pdf
Attachment:  Location Map.pdf