SUBJECT:
Title
PUBLIC HEARING to Consider Adoption of a Resolution to Vacate Portions of the Plat of Marion Oaks Unit Seven, as Recorded in Plat Book O, Pages 140-153; a Resolution to Abandon Certain Portion of SW 27th Avenue; and a Related Agreement (Budget Impact - Revenue of $350)
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INITIATOR: |
DEPARTMENT: |
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H. Elton Holland, P.E. County Engineer |
Office of the County Engineer |
DESCRIPTION/BACKGROUND:
TDC Deltona Land, LLC has assembled a number of parcels in the area of Marion Oaks Unit Seven. TDC Deltona Land, LLC is seeking permits to develop industrial warehouses and has petitioned to the Board to consider approval of the following items:
1. A Resolution to vacate portions of Marion Oaks Unit Seven, as recorded in Plat Book O, Pages 140-153. Under Section 177.101(3), Florida Statutes, a plat vacation must be granted only if it “will not affect the ownership or right of convenient access of persons owning other parts of the subdivision.” This Plat Vacation is pending approval by the Development Review Committee on June 5, 2023.
2. Resolution to close and abandon that certain portion of SW 27th Avenue and to renounce and disclaim any right of the County and the general public. The portions being requested to be closed were previously deeded to Marion County.
A portion of SW 27th Avenue and other platted roads provide access to owners of parcels to the north of the Petitioner’s property, and at least one utility - SECO - provides electricity to the above-mentioned parcels through the roads.
To address the needed roadway access, the Petitioner is also requesting the Board to consider approval of an Agreement Concerning Plat Vacation and Road Closing (the “Agreement”), pursuant to which:
1. The Petitioner agrees to construct two (2) transportation facilities that will provide paved roads to replace the dirt roads currently used by the northern parcels.
2. The Petitioner grants to the County a temporary access easement and a temporary utility easement to permit the northern property owners to access their property and to permit utility companies to continue to provide utility services to their property.
3. The temporary easements will terminate when the Petitioner has constructed the roads and relocated the utilities.
BUDGET/IMPACT:
Revenue of $350 - Plat Vacate - BL400341 - 341903
RECOMMENDED ACTION:
Recommended action
Separate motions are required as follows:
1. Motion to adopt and authorize the Chairman and Clerk to execute a Resolution to Vacate Portions of the Plat of Marion Oaks Unit Seven, as Recorded in Plat Book O, Pages 140-153;
2. Motion to adopt and authorize the Chairman and Clerk to execute a Resolution to Abandon Certain Portion of SW 27th Avenue; and
3. Motion to approve and authorize the Chairman and Clerk to execute an Agreement Concerning Plat Vacation and Road Closing.
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