Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 24, 2013
REVISED September 24, 2013 - Regular Meeting
Agenda Item #45

Resolution R-13-175, Elwood Park Subdivision, Road Right of Way Vacation, declaring a public hearing for Donald G. and Judith A. Browning located at 1804 45th Street Court East.


Contact and/or Presenter Information

Joaquin Servia, Manager, Property Acquisition Division, ext. 3021.

Lynn Willis, Real Property Specialist, Property Acquisition Division, ext. 6287.

Action Requested
Adoption of Resolution R-13-175

Enabling/Regulating Authority

Land Development Code:  Chapter 9, Section 911.3, Public Hearing Requirements for Vacation of Streets, Roads and Other Appropriate Property. 

Florida Statutes: Chapter 177, Section 177.101 (3),  Vacation and Annulment of Plats Subdividing Land and Chapter 336, Sections 336.09, et seq., Closing and Abandonment of Roads.

Background Discussion

Donald G. and Judith A. Browning are requesting a portion of partially submerged unimproved right-of-way containing .026 acres be vacated. Donald G. and Judith A. Browning believe this right-of-way is part of their legal property description that devalues their property. Also, this right of way crosses a portion of the Braden River before entering the applicant’s property and serves no public purpose and should be vacated.

The property is located north of 26th Avenue East and east of 45th Street Court East. The land is surrounded by marsh land and the Braden River. A Mean High Water Survey authored by Leo Mills & Associates, Inc., verifies a portion of the right-of-way is submerged lands owned by the State of Florida.

The unimproved right-of-way was acquired by Manatee County with a Quit Claim Deed recorded in Official Records Book 12, Page 344, in 1960. The area was never platted within the Elwood Park Subdivision, Plat Book 2, Page 76, and its use never specified.

Jurisdictional Review by appropriate County Departments and Private Utility Agencies are approved without any objection. This vacation would serve only the applicants and complies with the technical requirements of the County's Land Development Code and pertinent Florida Statutes.

However, Verizon and FP&L required easements which are attached for review. 

All expenses associated with the subject application, its approval, and recording will be paid by the Applicant.  The application filing fee of $800 was paid with the filing of this application on December 21, 2012.

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

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Please e-mail a copy of this approved Agenda Item to:
Lynn Willis, Real Property Specialist, Property Acquisition Division (lynn.willis@mymanatee.org), and Sandra Murphy, Legal Assistant, County Attorney's Office (sandra.murphy@mymanatee.org).

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Application Browning.pdf
Attachment:  JR review browning.pdf
Attachment:  RLS responce browning.pdf
Attachment:  MHW survey browning.pdf
Attachment:  FPL easemt browning.pdf
Attachment:  Verizon easemt browing.pdf
Attachment:  45th St Ct E at Braden River - Browning- Loc Map.pdf
Attachment:  R-13-175 Browning Resolution.pdf