Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 20, 2017
June 20, 2017 - Regular Meeting
Agenda Item #36

Quit Claim Deed between Manatee County and Sembler E.D.P. Partnership #4, LTD., to extinguish a Cross Access Easement to divest the County of its interest in this land located at 4315 26th Street West, Bradenton, Florida

Briefing Provided Upon Request

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
  • Execution and Recording of Quit Claim Deed from Manatee County, a political subdivision of the State of Florida.

Enabling/Regulating Authority

Florida Statutes, Chapter 125, Section 125.411, Conveyance of Land by County.


Background Discussion
  • On August 26, 2016, Property Acquisition accepted an application to vacate a Cross Access Easement located at 4315 26th Street West and 44th Avenue West from Sembler E.D.P. Partnership #4, LTD.
  • The Cross Access Easement is 768 square feet and is recorded in the Public Records of Manatee County, Florida at Official Record Book 1139, Page 927.  The Cross Access Easement was for public access between the properties when the parcel was once owned by separate ownership in 1986.  Currently, the applicant owns both parcels.  The Cross Access Easement is no longer needed and conflicts with the existing building.
  • The Jurisdictional reviews by appropriate county departments and private utility companies serving the location have been notified of the intention to file a vacation and no objections were received.
  • The Vacation Application V-16-507 was reviewed by the County Attorney's Office and it was determined the vacation and abandonment of this easement does not fall under the authority of Chapter 177 or Chapter 336 of Florida Statutes.  Similarly, neither Section 312 nor Section 331 of the Land Development Code addresses this form of vacation.
  • In the legal opinion memorandum prepared by the County Attorney's Office, the appropriate method for the County to divest its interest in this land and extinguish this easement is a Quit Claim Deed to the private owner to clear title.

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

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Please return the original recorded, executed Quit Claim Deed to Tim Cristello, 1112 Manatee Avenue West, Suite 800, Bradenton, Florida.

Please email the approved agenda item to Tim Cristello at Tim.Cristello@mymanatee.org and Craig A. Taraszki at craigt@jpfirm.com.

CCC Charge Account: AR700003

Cost and Funds Source Account Number and Name
$27.00 Recording Fee. 001-0020505 Property Acquisition Core Fund

Amount and Frequency of Recurring Costs

Attachment:  Quit Claim Deed Sembler E.D.P Partnership #4 LTD.pdf
Attachment:  Jurisdictional Reviews for V-16-507.pdf
Attachment:  RLS Response Memo to CAO Matter No. 2016-0839.pdf
Attachment:  Location map 4315 26th Street West.pdf