Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 7, 2017
February 7, 2017 - Regular Meeting
Agenda Item #32

Resolution R-17-013 Declaring a Public Hearing on March 7, 2017, at 9:00 a.m., to consider an application to vacate a portion of unimproved maintained right-of-way at Pope Road, Bradenton, Florida 34211


Contact and/or Presenter Information

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

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

Action Requested
  • ADOPT Resolution R-17-013.

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
  • The applicants, Neal Communities of Southwest Florida, LLC., and SMR Northwest Land, LLC., have submitted the vacation request and are requesting vacation of a portion of County maintained unimproved right-of-way at Pope Road.  The applicants are seeking to vacate portions of Pope Road which are no longer needed for access to the property in light of the plans to develop Phases 6 and 7 of the Indigo Subdivision.
  • This vacation request is approximately 3.26 acres of roadway which the applicants state will benefit the community by eliminating costs associated with public maintenance of roadway.  The segment of White Eagle Boulevard, which is being constructed to the west of Pope Road, will serve as access to the various lands which currently border and rely upon Pope Road for ingress and egress.
  • Jurisdictional reviews by appropriate county departments and private utility companies serving the location to be vacated have been notified of the intention to file a vacation.
  • Survey Division had a conditional objection during the review process and questioned whether the vacation is the proper method for the County to divest itself of this right-of-way.  The County Attorney's office determined the vacation process is the appropriate method for the County to renounce interest in this right-of-way.  Property Acquisition confirmed with Survey Division and they have no outstanding concerns with the sketch and description of the vacation of Pope Road. 
  • Highway Engineering Division has confirmed that this vacation application and the planned development of the surrounding property will not result in non-compliance with county standards relative to turnarounds. Also, no property will be landlocked by virtue of granting this vacation request per Highway Engineering.   
  • Utility Engineering Division has reviewed the vacation application and have no objection. 
  • Property Acquisition has completed and confirmed the outstanding items with the respective departments as requested by the County Attorney. 
  • The application complies with pertinent Florida Statutes and the Manatee County Land Development Code.
  • All expenses associated with the subject vacation will be paid by the applicant.
  • Manatee County's application filing fee of $800.00 has been paid.

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

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please return a certified copy of the executed resolution to Tim Cristello, Property Management, 1112 Manatee Avenue West, Suite 800, Bradenton, Florida 34205

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Resolution R-17-013.pdf
Attachment:  Vacation Application V-16-505 Neal Communities of Southwest Florida, LLC and SMR Northwest Land LLC.pdf
Attachment:  Jurisdictional Reviews for V-16-505.pdf
Attachment:  Pre-Application Memorandum Neal Communities of Southwest Florida LLC and SMR Northwest Land LLC.pdf
Attachment:  Department Director Memorandum Neal Communities of Southwest Florida, LLC and SMR Northwest Land, LLC.pdf
Attachment:  Response Memo to CAO Matter No. 2016-0753.pdf
Attachment:  Response Memo to CAO Matter No. 2016-0560.pdf
Attachment:  Location Map.pdf