Fillable Petition to Abandon/Vacate Instructions & Explanations The following (City of Greenacres)

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Petition to Abandon/Vacate Instructions & Explanations The following (City of Greenacres)

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1
Petition to Abandon/Vacate
Instructions & Explanations
The following are explanations of the required exhibits that must accompany the petition
application for abandonment determination. See list of definitions on Page 4.
Petition Application Procedure
In addition to any other information required by the Department, the petition shall contain the
following:
1. Legal description of Petition Site - a complete and accurate legal description of the
Petition Site only.
2. Public Interest – a statement identifying the petition site as being:
a. Type of easement; (utility, drainage, access, etc.)
b. Plat; (name of plat),
c. A public right-of-way; (name of street, if known)
The statement shall identify the source of the city’s or public’s interest, together
with a reference to the recording information for same (Plat Book #, Page #, Official
Record Book #, Page #).
3. Survey – a certified land survey measuring 8 ½” x 11”, shall be prepared by a Florida
registered land surveyor in accordance with the minimum technical standards of
Section 472.027, Florida Statutes, and Chapter 21HH-6, Florida Administrative Code,
and attached as an exhibit to the petition. The survey drawing shall show, in addition
to the petition site, the following:
a. The boundaries of abutting properties.
b. The square footage of the Petition Site.
c. Existing structures, utilities, easements, encroachments and other improvements,
including but not limited to the location of underground or surface utility lines and
equipment, ditches, fences, buildings, pathways, and drainage structures located
within the Petition Site.
4. Location Map – a drawing measuring not less than 8 ½” x 14” and no larger than 11”
x 17” which clearly and legibly identifies the location of the Petition Site in relation to
the nearest public right-of-way, (excluding the Petition) and all affected properties.
(This procedure is required if the petition site is a public right-of-way).
6. The petition shall state the source of the information used to compile the list and shall
contain an affidavit of the preparer that to the best of his knowledge said list is
complete and accurate. If the affected property is under the jurisdiction of a
Community Association, this requirement of notice to affected property owners may
be fulfilled by mailing such notice to the Community Association’s registered agent. All
abutting property owners must be included in the mailing list. Said list shall be
accompanied by a Number Ten (10) white envelope for each affected and abutting
property owner as follows:
a. The following return address shall be printed or typed on the envelope and
certifying postal documents:
City of Greenacres
Planning & E ngineering Department
5800 Melaleuca Lane
Greenacres, FL 33463
b. The envelope shall be pre-stamped with sufficient postage for certified, return
receipt postage for addresses in the United States and registered mail postage
for address in foreign countries. DO NOT USE PREDATED METER POSTAGE.
c. A properly completed certified mail receipt or registered mail receipt, as applicable,
shall be attached to each envelope. No pre-dated metered postage allowed.
d. Note: b and c are needed only if the petition site is a right-of-way or a public
drainage easement.
7. Utility Services, drainage district and Palm Beach County approvals – the written
consent of the utility companies providing service to or within the Petition Site shall be
attached to the petition. In the case of any petition affecting drainage easement,
canals, lakes or other water management systems, the written consent of the drainage
district or community association having jurisdiction over the Petition Site shall also be
attached to the petition.
8. Abutting property owners – abutting property owners should be listed as indicated.
The consent of those owners, other than the petitioner, should be attached and
identified (This statement applies to Right-of-way abandonment request only).
9. Access to affected property – the petition shall contain a statement that to the best
of the Petitioner’s knowledge, the granting of the petition would not affect the
ownership or right of convenient access of persons owning other parcels within the
area of the subdivision (This statement applies to Right-of-Way abandonment
requests only).
10. Federal or State Highway Statement - the petition shall certify that the Petition Site,
or any portion thereof, is not a part of any State or Federal highway and was not
acquired or dedicated for State of Federal purposes (This statement applies to
Right-of-Way abandonment requests only).
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11. Evidence of Title - the petition shall state the source of petitioner’s ownership of
interest in and to the Petition Site, and a reference to the recording information for that
document. A copy of the source instrument shall be certified by the Clerk of the Circuit
Court and attached to the petition.
12. Evidence of Taxes Paid - the petition shall state that all State, Municipal and County
taxes on the Petition Site have been paid. This instruction applies to various
easements contained in private property. The certificate(s) of the Tax Collector’s
Office certifying payment of same shall be attached to the petition. A duplicate receipt
showing taxes paid and date of payment is acceptable. If the Petition Site is a public
right-of-way and therefore tax-exempt, the petition shall so State and a certificate or a
tax receipt for properties abutting onto the public right-of-way will be required.
13. Justification – petition shall state the prevailing conditions and reasons to support the
request.
Definitions
Attached is a list of definitions for particular terms used throughout the petition applications.
• Abandon – the term abandon, and any variant thereof, shall be deemed to include the
terms “vacate and annul”.
• Petition Site –
any parcel or real property subject to a petition for abandonment.
• Abutting Property – any parcel of real property w hose boundaries, or any part
thereof, also serves as the boundary, or portion thereof, of the petition site.
• Affected Property - any parcel of real property, or portion thereof, which lies within
three hundred feet (300’) of the boundaries of the petition site.
• Petition for Abandonment or Petition - The form prescribed by the Department
which requests the abandonment of a plat, or portion thereof, right-of-way or public
easement pursuant to this ordinance.
• Petitioner - the person(s), governmental entity or business entity submitting a petition
for abandonment. The term petitioner shall include “co –petitioner” where appropriate.
• Right-of Way - any strip of land dedicated or deeded for ingress and egress or
access purposes. The term shall include the terms “road”, “highway”, “alley”,
“accessway”, and any other similar term. The term shall mean both public right-of-way
and private right-of-way.
• Plat - any drawing or real property made and recorded pursuant to Chapter 177,
Florida Statutes, or the ordinances of Palm Beach County.
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• Public Easement - any utility or drainage easement which is dedicated by plat in
perpetuity for utility or drainage purposes, or which is conveyed by separate
instrument, recorded in the Public Records, to the public or the City, which instrument
has been approved by the City for recordation. The term shall not include instruments
of conveyances or dedications made to specifically named utility companies, owners
associations, drainage districts, or other governmental agencies.
• Private Right-of-Way - any right of way dedicated or deeded to an owners
association or the owner of the abutting property or which is dedicated as right of way
and is the perpetual maintenance obligation of any owners association of the owner of
abutting property.
• Department - The City of Greenacres Engineering Department.
• City - City of Greenacres.
• Utility Company - any public or franchised entity which provides electrical, water and
sewer, gas or communication services.
• City Right-of-Way - any right acquired by the City or the public by virtue of a
dedication to the public or the City on a plat, by separate instrument of conveyance, or
by prescription.
• Public Records - the records filed in the Office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida.
• Owner - that person, governmental entity or business entity which is the fee simple
title holder or real property.
• Owners Association – any association or corporation created under the laws of the
State of Florida, the membership of which is comprised of all owners of real property
over which the owners association has jurisdiction by virtue of a declaration of
covenants and restrictions, declaration of condominium, or similar instrument. The
term shall include the terms “homeowner’s association”, and “property owners
association”.
• Land Value - the value of land as established for the tax base by the Property
Appraiser’s Office prior to any or all exemptions
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Example of Certified Return Receipt Envelope
Affidavit for Abandonment Petition
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority personally appeared who after being sworn,
stated the following:
1. That I have prepared the complete list of all owners of affected property, their
mailing addresses, and the legal descriptions of those properties within three
hundred (300) feet of the Petition Site as set forth in the 20 Official Tax Roll
as such Exhibit # is attached to the Petition to Abandon.
2. That to the best of my knowledge, said list is complete and accurate.
Signature of Preparer
Sworn to and subscribed before me this
day
of 20 by who is personally known
to me, or who has produced as identification.
Signature of Notary
Notary Sea
l
C
ommission N
o.:
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Letter of Consent
Before met this day personally appeared
who, being duly sworn, disposes and says:
He/She/They is/are the owner(s) of
(Legal Description of Property)
He/She/They has/have been furnished a drawing which clearly indicates the right-of-way to
be abandoned and its relationship to his/her/their property.
He/she/they hereby consent to the abandonment of the described petition site which
is ______ to
west/east/south/north
his/her/their property as described above.
Sworn to and subscribed before me this day
of 20 by who is personally known
to me, or who has produced as identification.
Signature of Notary
Commission No.:
Notary Seal
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Utility Companies:
Florida Power & Light (FPL)
AT&T
Palm Beach County Water Utility Department (PBCWUD)
Comcast Cable
Florida Public Utilities (Gas)
Palm Beach County Engineering
Description of Petition Site:
Dear Sirs:
Please consider this letter our request for a LETTER OF NO OBJECTION to the
abandonment of the above described site.
I have enclosed a copy of the survey and description of the site to be abandoned which is
located in the City of Greenacres, for your review and comments. A self-addressed envelope
is attached for your early reply.
If you have any questions or if I may be of further assistance please contact me
at .
Daytime Phone Number
Thank you for your assistance in this matter.
Sincerely yours,
Petitioner or Agent
Encl: Petition/Survey
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Petition to AbandonVacate Instructions & Explanations The following (City of Greenacres)

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Completed 19 February 2021

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