TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Discussion and possible action regarding amending the Unified Land Development Code as it relates to vacation of easements allowing for circumstances that are not the fault of the property owner.
Recommended Action
Provide direction concerning this item and how to proceed.
Background Information
On February 13, 2018, the City Commission heard Resolution No. 2018-R-03, Petition No. VAC-17-223 the request of Debbie McDowell-Tate to vacate a portion of the 20-foot rear maintenance easement to allow for a swimming pool to remain. The home was purchased in 2007 and the survey conducted at the time of purchase did not raise any issues or concerns with the property. The house was then listed for sale. It was not until a survey was requested by the title company prior to the closing in early December 2017 was it discovered there was an issue with the pool and deck encroaching into the 20-foot rear maintenance easement. To obtain clear title for the sale of the home a variance and a vacation of easement was required.
According to the minutes of February 13, 2018, during the discussion of the item, Commission had suggested an update to the code, so these circumstances don't happen. The discussion recommended that the process should be vetted and updated. This was a recommendation but not a consensus directed item by Commission.
Staff has researched the matter looking for ways to streamline the process to make it easier for applicants who require a vacation of easement. The Unified Land Development Code (ULDC) section 53-267D. refers to the vacation of platted easements to be vacated in accordance with Florida Statutes Chapter 177. The ULDC defines the vacation as the termination of, or termination of interest in, an easement, right-of-way, or public dedication of land. Easements are a right or interest given by the owner of real property to another party ...
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