INSTRUCTIONS for PETITION TO VACATE



PETITION to VACATE PLAT, STREET, ALLEY, CANAL, RIGHT OF WAY or EASEMENTPrior to submitting a vacation application with the City, the applicant is strongly encouraged to contact the Planning Division to schedule an advisory meeting. The purpose of this meeting is to identify those items that will be needed to properly evaluate the vacation request. Such meetings will likely save the applicant money and time by ensuring all required information is provided to the City at the onset of the project.Please note that any advisory comments provided by staff regarding approval or permits are conceptual only and are subject to change. Official review may result in additional changes not noted in the advisory process prior to submission of application. The final design or project must comply with the Land Use and Development Regulations, Engineering Design Standards, City Code of Ordinances, Comprehensive Plan and other applicable laws and regulations.The Petition must be signed by the property owner having color of title to the property or a contract purchaser of the property. If the petitioner is a contract purchaser, a copy of the contract must be submitted with the petition. An attorney for the petitioner may sign the petition. The petition must be signed and notarized.Fees, the Petition Fees are identified below. All vacations are subject to $68 review fee by Fire and Life Safety (Ord. 23-09, Section 5-4 and Ord. 118-06, Section 8-13). All advertising costs are paid by the applicant. The applicant will be billed and expected to pay the advertising costs prior to the public hearing. Additional review fees may be required, if existing utilities or drainage improvements are proposed to be relocated, and will be determined during the review of the petition. Total Fee due at time of petition is:Right of Way only$500 + $68 = $568Right of Way and Easement(s)$775 + $68 = $843Plat, Lot Lines and Easements$775 + $68 = $843Letter of intent stipulating your request.Letter of approval from adjoining property owners must be submitted with petition.Color of title to the tract or parcel of land covered by the plat or portion of the plat of which vacation is sought.Affidavits of county tax collectors stating that all county taxes levied against land covered by the portion of the plat of which vacation is sought have been paid. Letters of approval from the following: Lee County Electric Cooperative, Inc. Century Link (Telephone)Comcast (Cable) (239) 656-2112 (239) 336-2031 (239) 415-4744 Russell Goodman Century Link Paul Bahizi Project Coordinator-Land Acquisition ATTN: Engineering Manager Comcast LCEC8441 Littleton Rd. 12641 Corporate Lakes DrPO Box 3455N. Ft Myers, FL 33903 Fort Myers, FL 33913 North Ft Myers, FL 33918-3455A sketch and legal description of the area proposed to be vacated area. After staff review and approval of any sketches and legal descriptions, the legal descriptions must be submitted as a MS Word document.If there are any deed restrictions on the property, a copy of the restrictions are required.Certified topographic survey (done within the past six (6) months), and showing all pavement, utility and drainage features in said area, including but not limited to water, sewer, irrigation lines, valves and manholes; power, cable and utility lines and poles; catch basins, inlets, pipes, and swales. In the case where no features exist, a signed, sealed and dated certification by a Florida registered Professional Engineer can be submitted which certifies that there are no such roadway, utility or drainage features within the limits of and adjacent to the proposed vacated area.Please indicate on a separate sheet those persons to whom you wish a copy of the Public Hearing Notice sent.Note: If any of the above information is on a sheet larger than 11 x 17, the applicant must supply twenty-seven (27) copies to be used for distribution.IT IS REQUIRED THAT PETITIONER AND/OR REPRESENTATIVE ATTEND BOTH THE PLANNING AND ZONING AND CITY COUNCIL MEETINGS.Note: Please list all owners. If a corporation, please provide a copy of corporation papers. Case # VP PETITION TO PLANNING & ZONING COMMISSION AND CITY COUNCILTO VACATEPLAT, RIGHT OF WAY (Street, Alley, Canal), EASEMENT(s)(Check all that apply)In accordance with the City of Cape Coral Land Use and Development Regulations Section 8.11 and Florida Statues Chapter 177, the applicant requests vacation of the public’s interest in the easement(s) and/or portion of a plat as described in this petition. PROPERTY OWNERName: FORMTEXT ?????Address: FORMTEXT ?????City: FORMTEXT ?????State: FORMTEXT ?????Zip FORMTEXT ?????Emaill: FORMTEXT ?????Phone: FORMTEXT ?????Cell: FORMTEXT ?????APPLICANT (if not the owner)Name: FORMTEXT ?????Address: FORMTEXT ?????City: FORMTEXT ?????State: FORMTEXT ?????Zip FORMTEXT ?????Emaill: FORMTEXT ?????Phone: FORMTEXT ?????Cell: FORMTEXT ?????AUTHORIZED REPRESENTATIVE Name: FORMTEXT ?????Address: FORMTEXT ?????City: FORMTEXT ?????State: FORMTEXT ?????Zip FORMTEXT ?????Emaill: FORMTEXT ?????Phone: FORMTEXT ?????Cell: FORMTEXT ?????PROPERTY INFORMATIONAddress: FORMTEXT ?????Unit: FORMTEXT ?????Block: FORMTEXT ?????Lot(s) FORMTEXT ?????Subdivision: FORMTEXT ?????Strap Number(s): FORMTEXT ?????Plat Book FORMTEXT ?????Page(s) FORMTEXT ????? Current Zoning: FORMTEXT ?????I have read and understand the INSTRUCTIONS supplied with the PETITION TO VACATE.I agree to conform to all applicable laws of the City of Cape Coral and to all applicable Federal, State and County laws and certifies that all information supplied is correct to the best of their knowledge. I acknowledge that I, or my representative, must attend any applicable meetings scheduled for the Planning & Zoning Commission, Board of Zoning Adjustments and Appeals and City Council. Hearing date(s) and time(s) will be confirmed when I receive a copy of the Notice of Public Hearing(s).PETITION TO VACATE continuedPLEASE BE ADVISED THAT FORMTEXT ?????IS AUTHORIZED TO(Name of Authorized Representative) REPRESENT ME IN THIS PETITION.I, or my representative, will have the opportunity, at the hearing, to present verbal information pertaining to my request that may not be included in my petition. I understand any decision rendered by the CITY shall be subject to a thirty (30) day appeal period. Any work performed within the thirty (30) day time frame or during the APPEAL process will be completed at the applicant's risk. I understand I am responsible for all fees, including advertising costs and recording fees. Any additional advertising fees, not paid with the petition, are to be paid prior to the scheduled hearing date or the item may be pulled from the agenda and will not be rescheduled until after the fees are paid. A significant delay may require re-advertising and additional costs.I have been advised that the City may retain an easement(s) for utilities and/or drainage over all or a portion of vacated right of way and that no use may be made of that portion of the vacated right of way which will be inconsistent with or interfere with the retained easement(s). I understand that a vacation that results in an increase in the size of my property may increase my property taxes for the additional property.I must obtain all necessary permits prior to commencing any phase of construction. By submitting this petition, I acknowledge and agree that I am authorizing the City of Cape Coral to gain access to the subject property for inspection purposes reasonably related to this petition.I hereby acknowledge that I have read and understood this form on the FORMTEXT ????? day of FORMTEXT ????? , 20 FORMTEXT ??CORPORATION/COMPANY NAMENAME (Please type or Print)AUTHORIZED SIGNATURE(SIGNATURE MUST BE NOTARIZED)STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me this FORMTEXT ????? day of FORMTEXT ?????, 20 FORMTEXT ??, by Who is personally known or produced as identification.Exp. Date Commission Number Signature of Notary Public Printed Name of Notary Public ................
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