Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. January 8, 2013
January 8, 2013 Regular Meeting
Agenda Item #26

Resolution R-13-003, Application to Vacate Certain Rights-of-Way of Record for Golf Cart Outlet, LLC

Briefing Provided Upon Request

Contact and/or Presenter Information

Lynn Willis, Property Management, x6287

Joaquin Servia, Division Manager Property Acquisition x3021


Action Requested

Adoption of, authorization to record, Resolution R-13-003 vacating certain unimproved rights of way of record for Golf Cart Outlet, LLC.

Acceptance of, authorization to record, Permanent Utility Easement from Golf Cart Outlet, LLC.

Authorization to record, Affidavit of Ownership from Golf Cart Outlet, LLC.

Enabling/Regulating Authority

Land Development Code:  Chapter 9, Section 911.3, Public Hearing Requirements for Vacation of Streets, Roads and Other Appropriate Property.  Section 911.3.1, Public Hearing and Notice.  Florida Statute: 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 applicant, Golf Cart Outlet, LLC, located at 5707 19th Street East, Ellenton, is requesting that an improved portion of 19th Street East/US Hwy. 301, described as a portion of Blocks 10 and 11, Phillips & Allen's Subdivision, Plat Book 1, Page 308-A, and containing 11,048 square feet (27.62 x 400 feet) be vacated.  The existing right-of-way is no longer a part of the State or Federal Highway system and was transferred to Manatee County on March 28, 1981(Road Plat Book 10, Page 135).  The physical road ends approximately 350 feet east of the subject property.  An equal amount of right-of-way, lying east of the subject property was vacated for Furniture Warehouse (O.R. 2343, page 7056).

Purpose of Request:   From applicant- “That portion of right-of-way for 19th Street East to be vacated by this application will align with a portion that was previously vacated (Official Record Book 2343, Page 7056) for construction of The Furniture Warehouse.  At this location, 19th Street East is a dead end street, constructed as a portion of old U.S. Highway 301 and is maintained by Manatee County.  The existing right-of-way width is 84.65 feet with the portion proposed for vacation being 27.62 feet wide.  This will leave a width of 57.03 feet of public right-of-way.  Vacating this portion of right-of-way will allow for expansion of the current facilities by increasing the buildable area.  The property is restricted by the shape of the overall parcel and location of the existing structure.  The additional building and display area will allow the business to grow.”

County and Utility Company Review:  Per Public Works and Florida Power & Light review, the applicants have provided the required easements over the area requested to be vacated. Jurisdictional review by other appropriate County Departments and Private Utility Companies serving the location to be vacated have been notified of the applicants intention to file a vacation, and have no objection.  This vacation would serve only the applicant. The vacation application 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

Instructions to Board Records

Please return a certified copy of adopted resolution, the original utility easement and Affidavit of Ownership and Encumbrances to Property Management Department (8th Floor, Admin. Building), attention Lynn Willis, for recording.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  resolution R13003 152013 golfcart.pdf
Attachment:  application part 1 golf cart.pdf
Attachment:  application part 2 golfcart.pdf
Attachment:  RLS approve golfcart.pdf
Attachment:  easement golf cart.pdf
Attachment:  GolfCartOutlet US301-18th St E RW Vac Loc Map.pdf