City of Dstin, Florida PUBLIC SERVICES DEPARTMENT 4200 Indian Bayou Trail Dstin, Florida 32541 Phon (850)-837-4242 www.cityofdstin.com RIGHT-OF-WAY VACATION APPLICATION RVAC - A pr-application mting is rquird prior to th submittal of a Right-of-Way Vacation Application. If th applicant has not had a pr-application mting prior to submittal, th application will b found incomplt! Contact th Public Srvics Dpartmnt to schdul a pr-application mting at (850) 837-4242. Gnral Guidanc for Applicant This application must b compltd (plas typ or lgibly print) and rsubmittd, with all rquirmnts hrin, to th Public Srvics Dpartmnt, City Hall, City of Dstin no latr than th first Monday of th month prcding th month of th Haring rqust. This application will b forwardd to th Local Planning Agncy (LPA) for thir rcommndation, thn to th City Council for action. Th applicant will b advisd of th dat and tim of th public haring bfor th LPA and City Council. Th applicant must appar at th public haring or b rprsntd by an authorizd agnt or attorny for th LPA and City Council to tak action on th application. Th application will b trminatd or tabld for failur to appar at a schduld public haring, without first providing writtn notic to th Public Srvics Dpartmnt. If you dsignat an agnt or attorny to rprsnt you in this application, you must submit a compltd Agnt Affidavit in a form approvd by th City. Th applicant is fully rsponsibl for rsarching and knowing any and all laws, which may b applicabl and affct th outcom of th any dcision on th application rqust. Th City assums no rsponsibility or liability rlating to th failur to rsarch and know all applicabl laws including, but not limitd to, stat, fdral and city laws, cods, land dvlopmnt rgulations and comprhnsiv plan. Th City strongly rcommnds that all applicants considr consulting an attorny rgarding thir application. Th applicant is ncouragd to rviw, th ruls and procdurs usd by th LPA and City Council at th public harings. Applications ar procssd onc a month. Applications shall b submittd by th 1st Monday of th month to b procssd for that month. Th Public Srvics Dpartmnt shall dtrmin if application is complt. Incomplt applications shall not mov forward in th procss until a complt application is submittd. Pag 1 of 11
Th Public Srvics Dirctor shall writ a compltion lttr to th applicant rprsntativ within 21 calndar days of submittal. Th lttr will rport on th dtrmination of th application compltnss and advrtising dats of th nxt availabl Local Planning Agncy (LPA) mting. LPA harings ar schduld for th first Thursday of ach month at 5:30 p.m. in th Dstin City Council Chambrs unlss othrwis notifid. This stp taks 30 to 45 days. It is th rsponsibility of th applicant rprsntativ to attnd th LPA mting. Public Srvics staff shall writ a lttr to th applicant rprsntativ to rport on th LPA s dtrmination of th application and th advrtising dats of th nxt City Council mting. This stp also taks 45 to 60 days. All City Council harings ar schduld for th first or third Monday of ach month at 6:00 p.m. in th Dstin City Council Chambrs unlss othrwis notifid. NOTE: Th ntir procss can tak approximatly 4 months (126 days) from start to finish, providd thr ar no dlays. Th Applicant will b rsponsibl for all xpnss for advrtising, mailing and cost rcovry for outsid consultants. Gnral Information Rgarding Public Harings Th applicant, th applicant s rprsntativ as statd on th application, or th applicant s attorny should appar at th public haring. If photographs, documnts, maps or othr matrials ar providd to th Local Planning Agncy (LPA) or City Council as vidnc at th public haring, you will nd to lav thos instrumnts with th Scrtary. By law thos instrumnts automatically bcom part of th public rcords and cannot b rturnd to you. Pag 2 of 11
1. APPLICANT: (as shown on dd or Articls of Incorporation) Applicant s Addrss: City: Stat: Zip Cod: Hom Phon numbr: Businss Phon numbr: Fax numbr: Email: 2. FIRST OWNER (adjacnt to proposd vacation): Mailing Addrss: City: Stat: Zip Cod: Work Phon Numbr: Hom Phon Numbr: Fax Numbr: 3. SECOND OWNER (adjacnt to proposd vacation): Mailing Addrss: City: Stat: Zip Cod: Work Phon Numbr: Hom Phon Numbr: Fax Numbr: NOTE: Th application must includ all prtinnt information (Nam, addrss, phon numbrs, tc ) for all ownrs of land affctd by this application. If th spac providd abov is not sufficint to list all of th ownrs thn, th additional information must b providd on a sparat sht(s). 4. SPECIFIC LOCATION OF SUBJECT PROPERTY AFFECTED BY THIS APPLICATION: Township: Rang: Tax Parcl I. D. #: Lot: Block: Plat Book: Pag Numbr: Subdivision Nam: 5. SITE DETAILS: Total acrag of th right-of-way ara to b vacatd: Nam of right-of-way (strt) to b vacatd: Pag 3 of 11
6. APPLICANT S REQUEST (Purpos of Vacation): 7. THE FOLLOWING ITEMS ARE REQUIRED TO COMPLETE THE APPLICATION AND MUST BE ATTACHED: 1. Compltd Application - Th applicant must fill out all applicabl aras of th application. Th application must b submittd to th Public Srvics Dpartmnt. Th dpartmnt is locatd in City Hall, which is locatd at 4200 Indian Bayou Trail, Dstin. 2. Proof of Ownrship - Th affidavit of ownrship must b xcutd, notarizd, and submittd. A lttr of authorization is rquird if th applicant is othr than th ownr. 3. Agnt Affidavit / Spcial Powr of Attorny (if applicabl) - If th applicant is othr than th ownr of th proprty undr considration for rviw. 4. Boundary Survy (if applicabl) - A Boundary Survy is rquird whr a mts and bounds lgal dscription is ncssary to vacat a right-of-way. Th Public Srvics Dirctor rquirs th Boundary Survy; th Survy shall b crtifid to th City and shall indicat that th City of Dstin owns th right-of-way. Th survy must also indicat th location of th strt in qustion, th surrounding parcls that will b affctd by said strt vacation (. g. parcls abutting th portion of th strt rqustd to b vacatd; parcls using th portion of th strt that is vacatd for ingrss and grss), any and all asmnts of rcord locatd on th portion of th right-of-way rqustd to b vacatd (utility, drainag, lctric, tc ) and a complt lgal dscription of th portion or ntir sction of th strt to b vacatd. 5. Ownrship and Encumbranc Rport with all Attachmnts - Th Ownrship and Encumbranc Rport must indicat th portion of th right-of-way that is to b vacatd and must b crtifid by an stablishd Titl Company. Th Ownrship and Encumbranc Rport must indicat that th City of Dstin owns or holds ddication to th right-of-way. 6. List of Abutting Proprty Ownrs - Th abutting proprty list affidavit must b xcutd by a rprsntativ of th Okaloosa County Proprty Appraisr s Offic, notarizd, and submittd. A list of abutting proprty ownrs of rcord within thr hundrd (300) ft of th subjct proprty may b obtaind at: OKALOOSA COUNTY PROPERTY APPRAISER S OFFICE MAPPING DEPARTMENT 151 NE EGLIN PKWY SUITE D FORT WALTON BEACH, FLORIDA 32548 (850)-651-7240 Pag 4 of 11
7. Approval Lttrs - Lttrs from th following officials approving, stating no objction, or rcommnding dnial for a rason: A. Dstin Fir Control District B. Dstin Watr Usrs, Inc. C. Gulf Powr D. Cntury Link (Embarq) (Sprint) E. AT & T F. Wind Stram (Nw South Communications) G. Cox Communications H. Okaloosa Gas I. City of Dstin Community Dvlopmnt Dpartmnt J. City of Dstin Public Works Dpartmnt K. City of Dstin Rcration Dpartmnt L. Okaloosa County Proprty Appraisr Crtificat of Projctd Proprty Valu if th proprty will b placd back onto th tax rolls. M. Okaloosa Public Works Dpartmnt If part of or abutting a County proprty. N. South Walton Utility 8. F* - $515.00, Application F Chck should b payabl to: City of Dstin and submittd to th Public Srvics Dpartmnt. ------------------------------------------------------------------------------------------------------------------------------ NOTE: This application must b filld out compltly and must b signd by th ownr or his dsignatd agnt. If th applicant is diffrnt than th ownr of th subjct proprty, thn an agnt affidavit is rquird from th ownr of th proprty that is rqusting th vacation. Th agnt affidavit must b compltly filld out and submittd with this application. If th proprty is in multipl-ownrship, thn all of th ownrs or thir dsignatd agnt(s) must sign this application. All ownrs of proprty that will b affctd by this application must ithr sign this application or fill out an agnt affidavit. I HAVE READ THE INFORMATION IN THIS APPLICATION AND HAVE FILLED IN ALL ANSWERS CORRECTLY TO THE BEST OF MY ABILITY. SIGNATURE: DATE: PRINTED NAME: TITLE:: EXTRA OWNER SIGNATURE BLOCKS (to b compltd if ncssary): OWNER S SIGNATURE: _ DATE: OWNER S PRINTED NAME: OWNER S SIGNATURE: _ DATE: OWNER S PRINTED NAME: Pag 5 of 11
OWNER AFFIDAVIT I, am prsntly th ownr of th proprty locatd at, do attst and affirm, to th bst of my ability, that th attachd application is accurat. Witnssd by: of ownr of ownr STATE OF FLORIDA COUNTY OF OKALOOSA Sworn to (or affirmd) and subscribd bfor m, who did tak an oath this day of, 20, by. (nam of prson making statmnt) Signatur of Notary - Stat of Florida Printd Nam of Notary or Notary Sal Prsonally known OR Producd Idntification Typ of Idntification Producd Pag 6 of 11
AGENT AFFIDAVIT SPECIAL POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS, THAT I, am prsntly th ownr and/or lasholdr at and dsiring to xcut a Spcial Powr of Attorny, hav mad, constitutd and appointd, and by ths prsnts do mak, constitut and appoint whos addrss is, County of, Stat of, my Attorny-in-Fact to act as follows, GIVING AND GRANTING unto said attorny full powr to act as my agnt in any and all mattrs prtaining to. FURTHER, I do authoriz th aforsaid Attorny-in-Fact to prform all ncssary acts in th xcution of th aforsaid authorization with th sam validity as I could ffct if prsonally prsnt. Any act or thing lawfully don hrundr by th said attorny shall b binding on m and my hirs, lgal and prsonal rprsntativ, and assigns. PROVIDED, howvr, that any and all transactions conductd hrundr for m or for my account shall b transactd in my nam, and that all ndorsmnts and instrumnts xcutd by th said attorny for th purpos of caring out th forgoing powrs shall contain my nam, followd by that of my said attorny and th dsignation Attorny-in-Fact. of ownr Witnssd by: of ownr STATE OF FLORIDA COUNTY OF OKALOOSA Sworn to (or affirmd) and subscribd bfor m, who did tak an oath this day of, 20, by, who did tak an oath. (nam of prson making statmnt) Prsonally known OR Producd Idntification Signatur of Notary - Stat of Florida Printd Nam of Notary or Notary Sal Typ of Idntification Producd Pag 7 of 11
ABUTTING PROPERTY LIST AFFIDAVIT BEFORE ME, th undrsignd authority, prsonally appard _ who undr oath, dposs, and says as follows: (1) That th following is a list of all contiguous proprty ownrs within thr hundrd (300) ft of th proprty in qustion. FURTHER AFFIANT SAYETH NOT: Witnssd by: of ownr of ownr STATE OF FLORIDA COUNTY OF OKALOOSA Sworn to (or affirmd) and subscribd bfor m, who did tak an oath this day of, 20, by, who did tak an oath. (nam of prson making statmnt) Signatur of Notary - Stat of Florida Printd Nam of Notary or Notary Sal Prsonally known OR Producd Idntification Typ of Idntification Producd Pag 8 of 11
CITY OF DESTIN POSTING OF PROPERTY AFFIDAVIT BEFORE ME, th undrsignd authority, prsonally appard _, th ownr and/or authorizd agnt of th following dscribd proprty: who dposs and says as follows: 1. That th subjct sit dscribd abov has a sign postd by th ownr and/or authorizd agnt for th ownr, notifying th public of th rquird public mting, dat and tim of mting, location of mting, and purpos of mting in accordanc to City Cod. 2. That th postd sign mts th dimnsional rquirmnts st by th City. 3. That th postd sign was placd and will b maintaind upon th proprty in th corrct location and not lss than fourtn (14) days prior to th public mting. 4. That a photo of th sign dpicting th location of th sign in rlation to th road right-of-way is attachd. 5. This affidavit will b forwardd to th City s Public Srvics Dpartmnt no latr than two (2) working days prior to th public mting. I hav compltd th said rquirmnts as dscribd in th City of Dstin Land Dvlopmnt Cod. Witnssd by: STATE OF FLORIDA COUNTY OF OKALOOSA Sworn to (or affirmd) and subscribd bfor m, who did tak an oath this day of, 20, by, who did tak an oath. (nam of prson making statmnt) Signatur of Notary - Stat of Florida Printd Nam of Notary or Notary Sal Prsonally known OR Producd Idntification Typ of Idntification Producd Pag 9 of 11
POSTING OF PROPERTY REQUIREMENT All applications for a dvlopmnt ar rquird to post th subjct proprty with a sign notifying th public of such public mting in accordanc with th following rquirmnts: 1. Th subjct sit dscribd in th application shall hav a sign postd by th ownr/agnt, notifying th public of rquird public harings dat, tim, location, and typ of mting. 2. Th postd sign shall b placd upon th proprty in th corrct location (as shown blow). 3. Th postd sign shall b placd upon th proprty not lss than fourtn (14) calndar days prior to th public mting. 4. Th postd sign shall b providd by th ownr/agnt at th xpns of th ownr/agnt. 5. Th ownr/agnt shall provid a photo of th sign dpicting th txt and location of th sign in rlation to th road and right-of-way to th City. 6. Th ownr/agnt shall provid th attachd Posting of Proprty Affidavit with th rquirmnt of numbr four (4) mntiond-abov, to th Public Srvics Dpartmnt no lss than fourtn (14) calndar days prior to such public mting. 7. Failur to satisfy th abov-mntiond rquirmnts will rsult in an automatic tabling of th itm at th public mting to th nxt availabl mting, whr th applicant will hav to again satisfy th abov rquirmnts. J f f r s o n A v LOCATION OF SIGN(S) ON THE SUBJECT PROPERTY: = Sign Location First Strt 3 ft. tall Scond Strt EXAMPLE OF LPA SIGN (Not to Scal): 3 ft. wid City of Dstin Notic of LPA Mting Typ of Application Tim: Dat: Locatd at Dstin City Hall 4200 Indian Bayou Trail, Dstin, FL 4 inchs 1 inch 4 inchs 3 inchs iinchsin iinchsin 4 x 2 1 foot min. 18 inchs min. Pag 10 of 11
Not: Th sign must hav a WHITE background and BLACK lttrs. Signs shall b scurly attachd to two (2) posts, bing a minimum of a two (2) foot by four (4) foot post, and th fac shall b a minimum of on (1) foot abov grad. Posts shall b a minimum of ightn (18) inchs blow grad. J f f r s o n A v LOCATION OF SIGN(S) ON THE SUBJECT PROPERTY: = Sign Location First Strt 3 ft. tall Scond Strt EXAMPLE OF City Council SIGN (Not to Scal): 3 ft. wid City of Dstin Notic 4 inchs of 1 inch City Council Mting 4 inchs Typ of Application Tim: Dat: Locatd at Dstin City Hall Annx 4100 Indian Bayou Trail, Dstin, FL 3 inchs iinchsin iinchsin 4 x 2 1 foot min. 18 inchs min. Not: Th sign must hav a WHITE background and BLACK lttrs. Signs shall b scurly attachd to two (2) posts, bing a minimum of a two (2) foot by four (4) foot post, and th fac shall b a minimum of on (1) foot abov grad. Posts shall b a minimum of ightn (18) inchs blow grad. Pag 11 of 11