§ 26-6. Petition application procedures.

In addition to any other information required by the City, the petition shall contain the following:

(1)

Legal description of petition site. A complete and accurate legal description of the petition site.

(2)

Type of petition. A statement describing the extent of abandonment sought, whether in public right-of-way, the public's interest in a private right-of-way or in a public easement. The statement shall identify the source of the City's interest together with a reference to the recording information for same, in and to the petition site.

(3)

Survey. A certified land survey measuring no less than 8-½" × 14" and no larger than 11" × 17" shall be prepared by a Florida registered land surveyor in accordance with the minimum technical standards of Fla. Stat. § 472.027 and F.A.C. ch. 5J-17 and attached as an exhibit to the petition. The survey shall also contain or depict the following information:

a.

An accurate scaled survey of the petition site;

b.

The immediate boundaries of abutting properties;

c.

The square footage of the petition site; and

d.

Existing structures, utilities, easements, encroachments and other improvements, including but not limited to the location of overhead, underground or surface utility lines and equipment, ditches, fences, buildings, pathways. and drainage structures contained on the petition site.

(4)

Location map. An aerial graphic measuring not less than 8-½" × 14" and no larger than 11" × 17" which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way, excluding the petition site, and all affected properties. The location map may be located on the survey in a separate block.

(5)

List of owners of affected property. A complete list of all owners of affected property, their mailing addresses and legal description of the property owned.

A spreadsheet or mailing labels of each owner shall be provided. All owners of abutting property shall be so designated on this list. The list shall be obtained from the Monroe County Property Appraiser's office.

a.

The written consent of all abutting property owners is required in order for the acceptance and processing of any petition. Exceptions are considered as provided in Subsection 26-3(a), and for petitions and petition sites that involve plat reversionary clauses under circumstances that not all of the abutting properties are a part of the plat in question and therefore do not fall under the revisionary clause for the plat. Such circumstances will require additional review pursuant to Fla. Stat. § 177.085 and may involve review under the provisions of Subsection 26-3(a) above.

(6)

Utility approvals. The written approval or consent of any utility company providing service to or within the petition site shall be attached to the petition. In the case of any petition affecting wastewater, drainage easements or other water management systems, the written approval or consent of the City's Utility Department shall also be attached to the petition. Easements for such consent may be finalized during the abandonment process, but no later than the date of recordation for any approval for right-of-way abandonment granted by the City.

(7)

Access to affected property. The petition shall contain a statement that to the best of the petitioner's knowledge, the granting of the petition would not affect the ownership or right of convenient access of persons owning other parts of the subdivision.

(8)

Federal or State highway statement. The petitioner shall certify that the petition site or any portion thereof is not a part of any State or Federal highway and was not acquired or dedicated for State or Federal highway purposes.

(9)

Evidence of title. The petition shall state the source of petitioner's ownership or interest in and to the petition site and a reference to the recording information for same. A copy of the source instrument shall be certified by the Clerk of the Circuit Court and attached to the petition.

(10)

Evidence of taxes paid. The petition shall state that all state, municipal and county taxes on the petition site have been paid. The certificate(s) of the Tax Collector's Office showing payment of same (as payment is defined in Fla. Stat. § 177.101(4)) shall be attached to the petition. If the petition site or any portion thereof is tax exempt, the petition shall so state and a copy of the tax roll from the Tax Collector's Office which shows such exemption shall be attached to the petition.

(11)

Justification. The petition shall detail the relevant reasons in support of the request and granting of the petition. Said justification shall be based upon the criteria established in Section 26-7, "Review of Petition."

(Ord. No. 2015-08 , § 2, 9-8-2015)