Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 12, 2017
REVISED December 12, 2017 - Regular Meeting
Agenda Item #30

Resolution R-17-138 Declaring a Public Hearing on January 9, 2018, at 9:00 a.m., to consider an application to vacate a portion of unimproved right-of-way and road easement at Lorraine Road and SR 70 East, Bradenton, Florida 34211


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
  • ADOPT Resolution R-17-138; and
  • Approve a refund of $600.00 to the applicant for overpayment of vacation filing fee per Adopted Resolution R-16-117.

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, Lorraine Partners, LLC., Patricia Nook Davis, Trust dated March 16, 1987, David and Dorothea Probus, Joseph and Brenda Hutchins, and D & E Ventures, LLC., have submitted the vacation request. 
  • They are requesting the vacation of 3.49 acres of unimproved right-of-way and 1.48 acres of road easement at Lorraine Road and SR 70 East as recorded in Lorraine Farms, Unit No. 1, in Plat Book 6, Page 39 of the public records of Manatee County.
  • The unimproved right-of-way and road easement sought to be vacated was dedicated to the public in 1926 by the Lorraine Farms plat.  The area was not developed in accordance with the plat.  The platted right-of-way and road easement will not be improved by Manatee County and are not part of Manatee County's plan for future roadways.
  • The applicants state the right-of-way and the road easement are undeveloped and unused for purposes of access.  The value to the County would be to remove the right-of-way and road easement and return the land to the tax roll.
  • The applicants and these property owners will benefit from the vacation request.  In particular, the Hutchins property has structures within the public right-of-way and the vacation of the right-of-way would correct a nonconformity with the Land Development Code for the structures constructed on the right-of-way. 
  • 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.
  • Property Acquisition confirmed with the Survey Division that no property will be landlocked by virtue of granting this vacation request.  The County Attorney had a concern about the Davis parcel being landlocked.  The applicant has stated the Davis parcel will maintain access via a 40' wide access easement that runs north and south from SR 70 by an easement agreement as recorded in Official Record Book 811, Page 411, of the Public Records of Manatee County, Florida.  This document and other supporting documents have been reviewed by Property Acquisition and the Survey divisions as requested by the County Attorney and confirms the Davis parcel is not landlocked.
  • The applicant, as requested, has submitted an amended application to vacate to reflect the owner of the trust is "Trust dated March 16, 1987."
  • On October 21, 2017, Property Acquisition confirmed the no objection letter dated December 12, 2016, is for V-17.501 with Dan Shanahan of Teco/People Gas.
  • Property Acquisition has completed and confirmed the outstanding items with the respective departments and applicant 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.
  • On March 7, 2017, the applicant paid Manatee County's application filing fee of $800.00.  On December 1, 2016, the adoption of Resolution R-16-117 reduced the vacation application fee from $800.00 to $200.00.  The applicants are due a refund of $600.00 for this vacation request per the response to Request for Legal Services written by Pam D'Agostino.  Therefore, Property Acquisition is requesting the Board of County Commissioners approval to process a refund for the filing fee overpayment of $600.00 to the applicant.

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.

Please email a copy of the approved agenda item to Tim Cristello at Tim.Cristello@mymanatee.org, Dinorah DiFonzo at Dinorah.DiFonzo@mymanatee.org, Rachel Layton at RachelL@znseng.com, Joshua Gadomski at Joshua@windhamdevelopment.com

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Resolution R-17-138.pdf
Attachment:  Vacation Application V-17.501.pdf
Attachment:  Jurisdictional Reviews For V-17.501.pdf
Attachment:  Pre-Application Memorandum- Meeting with Applicants.pdf
Attachment:  Department Director Memorandum Vacation V-17-501.pdf
Attachment:  Response Memo to CAO Matter No. 2017-0280 dtd 8.4.17.pdf
Attachment:  CAO Email Response to Applicant's Supporting Documents.pdf
Attachment:  Location Map.pdf