little lake weir subdivision

DATE: March 2,2010
ITEM NO:
Consent
AGENDA ITEM
MARION COUNTY COMMISSION
SUBJECT: Petition to vacate a portion of the plat of Little Lake Weir 1" Addition
INITIATOR Mounir Bouyounes PE
Office of the County Engi
2-/9-,0
Attached is a petition by Dinkins & Dinkins, LLC, requesting that the ~ o a r d ' a d o ~a t
resolution vacating a portion of the Plat of Little Lake Weir 1'' Addition. Also attached, is
a letter from Mr. Jimmy Gooding Ill, the petitioners representative indicating that the
reason for the request is to vacate a portion of Lot 6 Block "G" Little Lake Weir First
Addition as recorded in Plat Book "G" Page 92. This request was considered by the
Development Review Committee and it was that committee's recommendation that the
petition be granted. The petitioners have provided proof of ownership and proof of
payment of taxes.
BUDGET IMPACT: Receipt of application processing fee of $350.00
RECOMMENDED ACTION:
Motion to adopt resolution (attached) vacating a portion of Lot 6 Block "G" of the
plat of Little Lake Weir First Addition as recorded in Plat Book "G" page 92, as
petitioned by Dinkins & Dinkins LLC,.
Agenda Page
Number 1
PETITION FOR VACATION
OF PLAT OR PORTION OF PLAT
OF
LITTLE LAKE WEIR SUBDIVISION
FIRST ADDITION
Wlrerens, Dinkins & Dinkins. LLC. a Florida limited liability company, f/lt/a Dinkins &
Dinkins, Inc., herewith petitions the Board of County Conlnlissioners of Marion County. Florida,
to vacate certain platted lands described as follows:
A part of Lot 6. Block "G," Little Lake Weir Subdivision, First Addition, according to
the plat thereof. as recorded in plat book "G." page 92. of the public records of Marion County.
Florida; lying in Section 16. Township 17 South, Range 23 East, Marion County, Florida; being
inore particularly described as follows:
Conllnence at an iron rod at the Northernmost corner of said Lot 6, and run South
32'41'33"East, along the Eastern line of said Lot, 100.00 feet to a concrete monument and the
Point-of-Beginning of the l~ereindescribed parcel; thence continue South 32'41 '33"East, along
said Eastern line, 353.71 feet to a concrete monument on the North right-of-way line of S.E.
147th Place; thence North 89'47'43"West, along said North right-of-way line, 60.79 feet to a
concrete monument; thence North 00'1 2'1 7"East. along said right-of-way line, 17.00 feet to a
concrete monument; thence North 89'47'43"West. along said North right-of-way line. 160.25
feet to an iron rod nlarked "PSM 5469"; thence North 00°12'17"East 158.85 feet to an iron rod
marked "PSM 5469"; thence North 32'41 '32"West 86.00 feet to an iron rod nlarked "PSM
5469": thence North 57'1 8'27"East 90.00 feet to the Point-of-Begil~llil~g.
Wlleretrs, Dinkins & Dinltins, LLC, a Florida limited liability company, f/k/a Dinkins &
L)inkins, Inc., is the owner in fee simple of all platted lands described above except for such
dedicated public areas as may therein be included, and
Wlrereas, said owner petitions the Board of County Con~missionersof Marion County,
Florida, to vacate and annul the platted lands above described in accordance with the provisions
Of Chapter 177, Florida Statutes. and
Wllerens, said owner presents this petition to the Board of County Commissioners of
Marion County, Florida, conlplete with proof of publication of the intention to annul the platted
Lands above described. proof of ownership of the platted lands above described, and certifies
that Taxes on the platted lands above described have been paid;
Now tlierefor'e, said owner respectfully requests the Board of County Conlnlissioners to
Adopt a resolution to vacate the platted lands above described and record said resolution in the
Public Records of Marion County, Florida.
Agenda Page
Number 2
Dinkins & Dinkins, LLC, a Florida limited
liability coinpally
(Form PV-I)
II.\.IG\I)inki~is\l'lat V;lcation
-
1.1ltle Lake M:eir\l'lat Vacation Ilocu~iicnts\l'li~ll'l~lON
FOR V/\CA'I'ION 12-7-Ocl.tloc
Agenda Page
Number 3
GILLIGAN, KING, GOODING & GIFFORD, P.A.
ERIC P. GIFFORD
PATRICK G. GILLIGAN
\I1.JAMES GOODING 111
\\'IL,LIARI ALLAN KING
\\'ILl,IAAI If. DAVlE I1
ATTORNEYS AT LAW
1531 SE 36TH AVENUE
OCALA, FLOIiIDA 34471
TI:~.I;.I~~IOSI<
(3.52) 867-7707
I;,\(‘sI\III.I,:(352) 620-888-1
I\\))\ ,oc;ll:ll~~
.coIll
\
,jgootling cioc;~l:~ls\\
.co[~~
January 1 8 , 2 0 10
Marion County Transportation Department
Engineering Services
4 12 SE 25th Avenue
Ocala, FL 3447 1
RE:
Petition for Vacation of Plat or Portion of Plat of Little Lake Weir Subdivision, First
Addition
Dear Sir:
I represent Dinkins & Dinkins, LLC, a Florida limited liability company, flkla Dinkins
Dinkins, Inc., one of the Petitioners in connection with the above matter.
8(
We are enclosing the following documents:
Executed Petition for Vacation of Plat or Postion of Plat of Little Lake Weir Subdivision.
first Addition.
Notice of Intention to Vacate Portion of Plat of' 1,ittle I..alte Weir Subdivision. first
Addition.
Proposed Resolution Vacate Portion of Plat of Little Lake Weir Subdivision, first
Addition.
Title Certification that show the Petitioner owns fee sinlple title to the portion of the plat
petitioned to be vacated.
Printouts from the records of the Marion County Tax Collector establishing that all taxes
have been paid on such parcels.
Application fee of $350.00.
Copy of recorded plat with portion to be vacated marked.
Letters of no objection fro111SECO, Sunshine Utilities and Embarq.
Copy of letters to Shreeji Bapa k u p a LLC dated August 21, 2009, September 28, 2009
and November 6, 2009 (without enclosures).
10.
Elnail fro111then-Acting Zoning Manager Jon Harvey dated November 5 , 2009.
Agenda Page
Number 4
Marion County Transportation Depa~tment
January 18, 20 10
Page 2
This letter will constitute the letter stating the reason that the request to vacate is being
made.
Dinkins & Dinkins, LLC, and Shreeji Bapa Krupa LLC, a Florida limited liability
colnpany ("Shreeji Bapa") own property that is all of Lot 6 of Little Lake Weir Subdivision, First
Addition, according to the plat thereof recorded in Plat Book G , Page 92. public rcco~.dsof
Marion County, Florida, except tlie nol-therly 100 feet thereof.
Prior to 1992, the northerly I00 feet of L,ot 6 \\.as conveyecl to a third part!. I3ecausc this
conveyance occurred prior to the adoption of the Marion County Land Development Code
provisions that preclude the division of platted lots, that property is not the subject of the Petition
or this letter.
In 1999, however, the portion of the property now owned by Shreeji Bapa was conveyed
from the remainder of Parcel 6 by Dinkins & Dinkins' predecessor. This conveyance resulted in
an illegal subdivision. The remainder of the southerly 100 feet is owned by Dinkins & Dinkins.
We previo~lslyprepared the enclosed Petition and related documents to be filed in the
name of both Dinkins & Dinkins and Sl~reejiBapa. We wrote three letters (copies of which we
have enclosed) to Shreeji Bapa, requesting it to join Dinkins & Dinkins in tlie Petition, bi~tnone
of our letters have been answered. 7 1 ' l ~as~ you
~ ~ , can see from the enclosed copy of the November
5 , 2009, elnail from then-Acting Zoning Manager Jon Harvey, tlie County has approved our
vacating the portion of the plat as to the property owned by my client only.
Please let me know if you have any questions.
Sincerely,
GILLIGAN, KING, GOODING
& GIFFORD. P.A.
W. James Gooding I11
WJG/tnll
Ellclosures
cc:
Mr. C. L. Dinkins (By US Mail with enclosures)
E:\JG\Dinkins\Plat Vacation - Little Lake Weir\Corresp\Letter to Transportation Dept 12-7-09.doc
Agenda Page
Number 5
.
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Agenda Page
Number 6
Location Map
Agenda Page
Number 7
Agenda Page
purpose of property assessment. These are NOT surveys. No Warranties, expressed or implied, are provided with this information. Use at your own risk. Number 8
DISCLAIMER: This is a work in progress. This application was compiled by the Marion County Property Appraiser's Office solely for the governmental
ire
,
I
Agenda Page
Number 9
RESOLUTION TO
VACATE PORTION OF PLAT
OF
LITTLE LAKE WEIR SUBDIVISION
FIRST ADDITION
WHEREAS, DINKINS & DINKINS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FIKIA
DINKINS & DINKINS, INC., HAS PETITIONED THE BOARD OF COUNTY COMMISSIONERS OF
MARION COUNTY, FLORIDA TO VACATE THAT CERTAIN PORTION OF PIA'I' 11I~SClill3
ti11
AS FOLLOWS:
A part of Lot 6, Block "G," Little Lake Weir S~~bdivision,
First Addition, according to the plat
thereof, as recorded in plat book "G," page 92, of the public records of Marion County, Florida; lying in
Section 16, Township 17 South, Range 23 East, Marion County, Florida; being more pa~-ticularly
described as follows:
Commence at an iron rod at the Northernmost corner of said Lot 6, and run Soutll 32'41 '33"East,
along the Eastelm line of said Lot, 100.00 feet to a concrete monument and the Point-of-Beginning of the
herein described parcel; thence continue South 32'41 '33"East, along said Eastern line, 353.71 feet to a
concrete monument on the Nol-th right-of-way line of S.E. 147th Place; thence Nol-th 89"47'43"West,
along said NOI-thright-of-way line, 60.79 feet to a concrete monument; thence Nol-th 00'12' I7"East,
along said right-of-way line, 17.00 feet to a concrete monument; thence Nol-tli 89"47'43"West, along said
North right-of-way line, 160.25 feet to an iron rod marked "PSM 5469"; thence North 00" 12' I7"East
158.85 feet to an iron rod marked "PSM 5469"; thence Nol-tli 32'41 '32"West 86.00 feet to an iron rod
marked "PSM 5469"; thence North 57'1 8'27"East 90.00 feet to the Point-of-Beginning.
WI-IEREAS, DINKINS & DINKINS, LLC, A FLORIDA LIMITED LIABILITY COMPANY,
FIWA DINKINS & DINKINS, INC., IS THE OWNER IN FEE SIMPLE OF ALL PLATTED LANDS
DESCRIBED ABOVE (EXCEPT DEDICATED PUBLIC AREAS AS MAY THEREIN t3E
NCLUDED), AND
WHEREAS, IT APPEARS THAT OWNERS OF PROPERTY IN 'I'I-IE VICINITY 01; 7'1-11:
LANDS HEREIN DESCRIBED AND THE GENERAL PUBLIC WILL N01' BE AIlV11RSHI.Y
AFFECTED BY THE VACATING OF SAID PORTION OF PLAT, AND
WHEREAS, PETITIONER HAS CAUSED NOTICE OF INTENTION TO VACA.1'1; I'Oli l'lON
OF PLAT ON SUBJECT MATTER TO BE PUBLISHED IN A NEWSPAPER OF GENIiRAI>
CIRCULATION, AS REQUIRED BY CHAPTER 177, FLORIDA STATUTES, AND ALL PERSONS
THROUGH SUCH NOTICE WERE INVITED TO COMMENT;
NOW, THEREFORE, BE IT RESOLVED, THAT THE ABOVE DESCRIBED PORTION OF
PLAT BE AND THE SAME IS HEREBY VACATED AND ALL RIGHTS OF AND INTERESTS OF
THE PUBLIC AND OF MARION COUNTY HERETOFORE EXISTING IN THE PLATTED LANDS
ABOVE DESCRIBED ARE HEREBY DISCLAIMED AND ABANDONED.
Agenda Page
Number 10
DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF MARION
.,
COUNTY, FLORIDA, AT THEIR REGULAR MEETING HELD
2010.
BOARD OF COUNTY COMMlSSlONEliS
ATTEST:
BY:
BARBARA FITOS, CHAIR
DAVID ELLSPERMANN, CLERK
(Form PV-2)
E:\JG\Dinkins\Plat Vacation - Little Lake Weir\lllat Vacation Doculnents\RESOI,UuI'ION ' f 0 12-7-09.doc
Agenda Page
Number 11