Fillable Petition For Vacation Of Platted Rights-of-Way And Easements (Supplement Form PH-G) (Town of Fort Myers Beach)

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Petition For Vacation Of Platted Rights-of-Way And Easements (Supplement Form PH-G) (Town of Fort Myers Beach)

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The Petition For Vacation Of Platted Rights-of-Way And Easements (Supplement Form PH-G) (Town of Fort Myers Beach) form is 6 pages long and contains:

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Revised 1/6/2017 Town of Fort Myers Beach Page 1 of 7
2525 Estero Blvd., Fort Myers Beach, Florida 33931
Phone: 239-765-0202 Permits@FortMyersBeachFL.gov Fax: 239-765-0909
Town of Fort Myers Beach
COMMUNITY DEVELOPMENT DEPARTMENT
SUPPLEMENT PH-G
Petition for Vacation of Platted Rights-of-Way and Easements
This is the second part of a two part application. Please be sure to include the Administrative Action
Application, which requires general information, with this supplemental form requiring specific
information regarding a Vacation of a Right-of-Way or Easement. Please submit two paper copies
and one digital/electronic copy of all required applications, supplemental information, exhibits and
documents.
PROJE
CT
NUMBE
R:
DAT
E
:
Type of Vacation: Right-of-Way (Form A) Easement (Form B)
Plat - no ROW
Site Address: _
S
T
RA
P
Num
b
er
(use
additional
sheets
if
necessary)
:
_
_
_
Pe
titi
oner:
Autho
rized
Ag
en
t:
Phone:
Phone:
Pe
titi
oner
/Ag
en
t
Address:
Email:
F
ax:
Please provide a statement of the reason(s) for seeking the vacation (use additional sheets if
necessary)
:
_
_
_
Revised 1/6/2017 Town of Fort Myers Beach Page 2 of 7
2525 Estero Blvd., Fort Myers Beach, Florida 33931
Phone: 239-765-0202 Permits@FortMyersBeachFL.gov Fax: 239-765-0909
All petitions seeking to vacate platted rights-of-way and easements must comply with the
requirements below. (LDC Section 10-219)
*** INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED OR PROCESSED****
A signed Petition, either Form A (F.S. Ch. 336) or Form B (F.S. Ch. 117) for each
vacation request.
A legal description of the area sought to be vacated and a recent survey prepared
and executed by a registered surveyor showing the area sought to be vacated. (Please
label as Exhibit A)
The survey must show the location of all existing improvements
including, but not limited to:
drainage facilities
all public and private utilities
surface water management facilities
pavement
buildings
any other physical features within 100 feet of the real property
A copy of the plat showing the area(s) to be vacated. (Please label as Exhibit B)
Certificate(s) showing that all property taxes have been paid in full for all real
property that abuts the right-of-way or easement sought to be vacated. (Please label as
Exhibit C)
Notarized signatures of fee simple owners of record of all real property that abuts
the right-of-way or easement sought to be vacated.
(Please see adjacent property affidavit)
A list containing the names, addresses, and signatures of all real property owners
holding legal interest in the real property subject to, or affected by, the requested
vacation.
A printed list of the names of all current real property owners, STRAP numbers, and
mailing addresses of property that is within a 500-foot radius of the right-of-way or
easement sought to be vacated, including two (2) sets of mailing labels for the real
property owners on this list.
Signed letters of No Objection from:
Town of Fort Myers Beach Public Works Department
Florida Power and Light
The local cable television company serving the town
The local telephone company serving the town
The local liquid propane gas company serving the town
Revised 1/6/2017 Town of Fort Myers Beach Page 3 of 7
2525 Estero Blvd., Fort Myers Beach, Florida 33931
Phone: 239-765-0202 Permits@FortMyersBeachFL.gov Fax: 239-765-0909
Lee County or other provider of sanitary sewer services
Lee County Sheriff’s Office
Fort Myers Beach Fire Control District
Any other provider of private or public utilities whose facilities or infrastructure may be
affected by the vacation, as determined by the director
*** PLEASE NOTE: If any of the foregoing companies or agencies determines that the requested
vacation may not be in the best interest of the public, the petitioner may offer an alternative or
replacement right-of-way or easement. The affected company or agency shall not, however, be under
any obligation to accept the offered alternative. Where a petitioner has offered to provide a
replacement right-of-way or easement, town council shall not take action on the petition to vacate
until the legal instrument(s) necessary to grant the alternative or replacement right-of-way or
easement has been approved in form and co
ntent by the affected company or agency, properly
executed by the granting or conveying property owner, and delivered to the town to be held in trust
pending the town council’s consideration of the requested vacation.
A statement from the Lee County Community Development Director, or designee,
whether vacation by Lee County is required.
Town of Fort Myers Beach
Revised 1/6/2017 Town of Fort Myers Beach Page 4 of 7
2525 Estero Blvd., Fort Myers Beach, Florida 33931
Phone: 239-765-0202 Permits@FortMyersBeachFL.gov Fax: 239-765-0909
PETITION TO VACATE (Form A - F.S. Ch. 336)
PROJE
CT
NUMBE
R:
DAT
E
:
Petitioner(s), requests
the Town Council of the Town of Fort Myers Beach, Florida to grant this petition to Vacate
and states as follows:
1. Petitioner(s) Mailing Address:
2. In accordance with Florida Statute (F.S.) Chapter 336, Petitioner desires to vacate the
public’s interest in the right-of-way or portion of right-of-way legally described in the
attached Exhibit A.
3. A sketch/site plan showing the area(s) the Petitioner desires to vacate is attached as Exhibit
B.
4. Petitioner provided notice to all affected property owners concerning the intent of this
Petition.
5. In accordance with the attached letters of no objection provided by the various
governmental and utility entities, there is no apparent impediment to granting Petitioner’s
request.
Wherefore, Petitioner respectfully requests that the Town Council adopt a resolution
granting the Petition to Vacate.
Submitted by:
Petitioner Signature Printed Name Date
Petitioner Signature Printed Name Date
Petitioner Signature Printed Name Date
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Town of Fort Myers Beach
Revised 1/6/2017 Town of Fort Myers Beach Page 5 of 7
2525 Estero Blvd., Fort Myers Beach, Florida 33931
Phone: 239-765-0202 Permits@FortMyersBeachFL.gov Fax: 239-765-0909
PETITION TO VACATE (Form B - F.S. Ch. 177)
PROJE
CT
NUMBE
R:
DAT
E
:
Petitioner(s), requests
the Town Council of the Town of Fort Myers Beach, Florida to grant this petition to Vacate
and states as follows:
1. Petitioner(s) Mailing Address:
2. In accordance with Florida Statute (F.S.) Chapter 177, Petitioner desires to vacate the
public’s interest in the easement, plat or portion of a plat legally described in the attached
Exhibit A.
3. A sketch/site plan showing the area the Petitioner desires to vacate is attached as Exhibit B.
4. Proof the Petitioner paid all applicable state and county taxes is attached as Exhibit C.
5. Petition is fee simple title holder to the underlying land sought to be vacated.
6. Petitioner provided notice to all affected property owners concerning the intent of this
Petition.
7. In accordance with the attached letters of no objection provided by the various
governmental and utility entities, there is no apparent impediment to granting Petitioner’s
request.
Wherefore, Petitioner respectfully requests that the Town Council adopt a resolution
granting the Petition to Vacate.
Submitted by:
Petitioner Signature Printed Name Date
Petitioner Signature Printed Name Date
Petitioner Signature Printed Name Date
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signature
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Town of Fort Myers Beach
Revised 1/6/2017 Town of Fort Myers Beach Page 6 of 7
2525 Estero Blvd., Fort Myers Beach, Florida 33931
Phone: 239-765-0202 Permits@FortMyersBeachFL.gov Fax: 239-765-0909
ADJACENT PROPERTY AFFADAVIT
I, (name), of
(address) swear
or affirm under oath, that I am the fee simple owner of the above mentioned property and I agree
that the petition to vacate the platted right-of-way or platted easement located at:
(address) should be vacated by
the Town Council.
Signature Title
Typed or Printed Name Date
STATE OF FLORIDA)
COUNTY OF LEE)
The foregoing instrument was sworn to (or affirmed) and subscribed before me on
(date)
by (name of person providing oath or affirmation), who is
personally known to me or who has produced (type
of identification) as identification.
(SEA
L)
________________________________________________
Signature
Printed
Name
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signature
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10/12/2012
Town of Fort Myers Beach
2523 Estero Blvd Fort Myers Beach, Florida 33931
Phone: 239-765-0202
Fax: 239-765-0591
(SAMPLE LETTER of NO OBJECTION)
PETITION TO VACATE
REQUEST for LETTER of NO OBJECTION
Today’s Date
Contact Person
Company Name
Mailing Address
City, State, Zip
RE: Request for a Letter of No Objection on a proposed right-of-way or easement
vacation at (property address here)
To Whom It May Concern:
We intend to submit a Petition to the Fort Myers Beach Town Council seeking to vacate the
public interest in the right-of-way, road easement, utility or drainage easement at the
location identified above in order to accomplish the following purpose:
(Provide rationale here)
We have included a sketch or drawing of the right-of-way, road easement, utility or
drainage easement we desire to vacate. Please provide us with a letter of review and
recommendation so we can proceed with our petition submittal. If you have any questions
or concerns, please do not hesitate to contact us directly and thank you in advance for your
consideration.
Signed,
The Petitioner
(include your return mailing address, email address and daytime phone number)
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Petition For Vacation Of Platted Rights-of-Way And Easements (Supplement Form PH-G) (Town of Fort Myers Beach)

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Completed 18 July 2020

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