§ 331. Vacation of Streets and Plats.

331.1.   Purpose.

This section is established to provide procedures for the exercise of the authority granted to the Board to vacate and annul plats or portions thereof, pursuant to F.S. § 177.101, and to vacate, abandon, discontinue, close, renounce and disclaim streets, roads, alleys, and other appropriate property; or any portion thereof; and termination of County easements; pursuant to F.S. §§ 336.09—336.12, lying within the unincorporated area of the County.

331.2.   Review Process.

A.

Pre-Application Meeting. The applicant is strongly encouraged, but not required, to attend a pre-application meeting as provided for in Section 312.2.

B.

Application Submittal. An applicant proposing to vacate certain streets, roads, or other appropriate property, and to terminate County easements pursuant to the provisions of this section shall complete and submit an application to the Department Director subject to the provisions of Section 312.3. It will be the responsibility of the applicant to furnish any additional maps, charts, surveys, legal descriptions, title opinions, and title policies as required by the Department Director for clarification to the reviewing agencies and the Board.

C.

Advertising Requirements. In accordance with the Florida Statutes the Public Hearing Notice will be provided.

D.

Board Review. The Board shall conduct the public hearing in accordance with the procedures of Section 312.8. The Board shall, at the conclusion of the public hearing on any particular application, or subsequent thereto, consider the adoption of a resolution granting the particular application of any portion thereof, or such other actions as the Board may deem appropriate under the circumstances.

(Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

331.3.   Notice of Adoption of Resolution Pursuant to F.S. ch. 336, Only.

Upon the adoption of any such "Resolution Vacating Certain Streets, Roads or Other Appropriate Property," for streets and property vacated and County easements terminated under F.S. §§ 336.09—336.12, only, the applicant shall cause same to be duly published one (1) time in a newspaper of general circulation in Manatee County, Florida, within thirty (30) days following the adoption of said resolution. The Notice shall be in substantial compliance with the "Notice of Resolution Vacating Certain Streets, Roads or Other Appropriate Property" form established by the County.

331.4.   Recording Requirements.

The applicant shall be responsible for filing the following documents, whichever is applicable, within thirty (30) days after adoption of the resolution by the Board, with the Clerk of Circuit Court and duly recorded in the Official Records Book among the Public Records of Manatee County, Florida.

A.

For vacations and annulment of plats or portions thereof, pursuant to F.S. § 177.101:

1.

A certified copy of the subject resolution.

2.

Original proof of the two (2) publications of the Notice of Public Hearing.

3.

Location maps, survey, legal description or other appropriate data as determined by the Department Director.

4.

All applicable easements, if required.

B.

For vacations, abandonment, discontinued, closed, renounced and disclaimed streets, roads, alleys and other appropriate property of portions thereof, and termination of County easements, pursuant to F.S. §§ 336.09—336.12:

1.

A certified copy of the subject resolution.

2.

Original proof of the one (1) publication of the Notice of Public Hearing.

3.

Location maps, survey, legal description or other appropriate data as determined by the Department Director.

4.

Original proof of publication of the Notice of Adoption of the subject resolution within thirty (30) days after adoption of the resolution by the Board.

5.

All applicable easements, if required.

Within forty-five (45) days after the adoption of the resolution, the applicant shall provide the Department Director, with a copy of the recorded documents.

331.5.   Effective Date.

No vacation shall become effective until the documents required under Section 331.4.A or B, whichever is applicable, have been filed with the Clerk of Circuit Court and duly recorded in the public records of Manatee County.

331.6.   Applicants Responsibility.

The County, the Board, the reviewing agencies and all of the officers, employees and agents thereof shall not assume any responsibility or liability for any matters to be done or completed by the applicant, pursuant to the provisions required herein. It is recognized that this procedure may affect substantial interests in real property and other proprietary rights; and the applicant shall assume full and complete responsibility for compliance with the requirements of law and these procedures in connection with or arising out of any vacation proceedings instituted by the applicant.