Application and Instructions for Petition to Vacate

Hernando County Zoning Department

789 Providence Blvd.
Brooksville, FL 34601
Phone (352) 754-4048 Ext. 29105
Fax (352) 754-4151
ZoningDepartment@HernandoCounty.us

INSTRUCTIONS TO VACATE, ABANDON, DISCONTINUE, OR CLOSE

EASEMENTS, RIGHTS-OF-WAY, AND PLATS
A. Requests shall contain the following information:

1. One (1) copy of the completed application, sworn to by the all Petitioners.

2. Proof of ownership for each parcel joining in the vacation petition. (Copy of Deed)

3. A separate statement of proper reasons for granting a vacation. The Board of County
Commissioners requires specificity as to why a vacation is requested. The reasons may include,
but are not limited to, the following:
a) Change of conditions in the area
b) Benefits to the community
c) Use planned for area to be vacated and need therefore

4. An original signed/sealed current survey. The survey must be from a Florida registered mapper
or surveyor, indicating the area to be vacated. The survey shall include the following:
a) An accurate legal description of the area to be vacated*; and
b) Area size and location; and
c) All existing adjacent structures, streets, alleys, and other public ways. All existing
improvements below or above ground; and
d) Relevant drainage elevations, and if applicable
e) Vacation of easements that include a buffer and/or drainage area of twenty (20') feet or
larger require a letter from Southwest Florida Water Management District (SWFWMD)
stating they have no objection to the vacation of the subject area.
*A computer disc, flash drive or other digital media with the Surveyor's legal description of the
area to be vacated must be submitted. An email from the surveyor is acceptable.

5. A list of the names and addresses of all property owners abutting/adjoining the parcel
containing the area to be vacated.

6. A fee, in cash or check, checks made payable to the Hernando County Building Department for
the amount indicated on the fee schedule.

7. If the request is for a vacation of plat or a portion thereof, provide this office with a certified
copy of the plat. The plat information is obtainable from the Clerk's office.

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8. Provide the completed Tax Clearance Form, proof of taxes being paid for each parcel
containing the area to be vacated or that would receive any of the vacated area. This proof of
taxes paid can be obtained from the Hernando County Tax Collector.

9. If applicable, the name, address, phone number and email of the President of the Homeowners’
Association.

10. All Petitioners must provide a notarized letter of authorization if an agent is to act on his/her
behalf for the vacation petition.

11. Provide a copy of recorded plat dedication page for all vacation petitions.

12. Clearance must be obtained from the Department of Transportation Services

(DPW/Engineering) prior to making application to vacate Rights-of-Way or a plat containing
Rights-of-Way. The clearance must be submitted with this petition.

B. Withdrawal of applications shall be in writing at least five (5) days prior to any
scheduled hearing. Fees will not be refunded on withdrawn or denied applications.

C. Notices.

1. For all vacation applications, the Zoning Department shall, upon fixing a date for the Public
Hearing, type the required legal notices and the Clerk of Circuit Court shall submit the notices to
a local newspaper of general circulation.

D. Required Mailing Notice

1. The Zoning Department shall mail a copy of the notice to the abutting property owner(s). The
notice shall be mailed at least ten (10) days prior to the scheduled public hearing.

2. The notice(s) shall be sent by Certified Mail, Return Receipt Requested.

E. Required Posting of Signs

1. The Petitioner shall post the property, for which the application has been made, with signs
supplied by the Zoning Department. The signs shall be posted in a conspicuous location and shall
be posted at least fifteen (15 days) prior to the public hearing. The signs are to remain posted on
the property until the scheduled public hearing before the Board of County Commissioners.

2. After posting the signs, the Petitioner shall sign an affidavit supplied by the County that he/she
has met the requirements of Item 1 above.

3. The Affidavit shall be delivered to the Zoning Department ten (10) working days prior to the
scheduled public hearing date.

Note: If all information is not submitted to the Zoning Department ten (10) days prior to the
public hearing date, the Petition shall be adjourned until the next regularly scheduled meeting.

F. After receiving a recommendation of approval from the staff, the Board of County
Commissioners shall act on the Petition. The Board of County Commissioners has the final
authority for granting or denying all petitions. If staff does not recommend approval, the

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Petitioner or representative must make a written request to the Zoning Department staff to
schedule a public hearing before the Board.

G. The Petitioner, or an authorized representative of the Petitioner, shall be present at the

Board of County Commissioners meeting.

H. If the vacation is approved, a resolution shall be adopted by the Board of County

Commissioners and signed by the Chairperson.

I. For vacations of Rights of Ways, the Zoning Department shall prepare a Notice of
Adoption of Resolution and the Clerk of Circuit Court shall advertise the notice in a local
newspaper within thirty (30) days of the adoption of the resolution.

J. The Petitioner shall be responsible for recording the necessary documents with the Clerk
of Circuit Court to be recorded in the Official Records of Hernando County.

K. The burden of proof in demonstrating the need for any vacation of right-of-way, alley,
easement, or plat, shall be solely the responsibility of the Petitioner.

L. FEE SCHEDULE

Application Petition Fee:

Right of Way or Easement Vacation $250.00

Plat Vacation $250.00

(Plus $5.00 per lot or acre) $5.00

Public Notice Fees:

Less than 10 Acres $50.00
10-100 Acres $80.00
Greater than 100 Acres $110.00

Recording Fees are the responsibility of the Petitioner once the petition is approved and paid
directly to the Clerk of the Circuit Court.
All Petitions are required to record a Notice of Intent and Resolution
Petitions for vacation of Rights of Way are required to record a Notice of Adoption of Resolution.

If the Zoning Department receives any objections from a County department or public
utility, it shall be the burden of the petitioner to resolve those objections directly with that
entity before petition can be scheduled for public hearing. If the petitioner does not resolve
the objection(s), he/she has the right to proceed to the public hearing but must make that
request in writing. In such cases, staff's recommendation to the Board of County
Commissioners would be denial of the petition.

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 APPLICATION FOR PETITION TO VACATE, ABANDON, DISCONTINUE
AND CLOSE, RIGHTS-OF-WAY, PLATS, EASEMENTS

This application must be submitted to the Zoning Department with all attachments
and other items listed on the Instruction Sheet. Applications may not be reviewed
until all required items are furnished. Please note that the vacation requested must
be justified and the filing of the application or appearance at the public hearing
does not assure approval of said application. The Petitioner or his/her
representative is/are required to appear in person at the public hearing.

1. Name of Petitioner: ___________________________________________________

Mailing Address: _______________________________________________________

City__________________ State_______ Zip________ Phone____________________

Email Address: _________________________________________________________

2. Name of Representative (if applicable): _____________________________________

Mailing Address: _________________________________________________________

City_________________ State _______ Zip________ Phone______________________

Email Address: __________________________________________________________

*Attach notarized letter of authorization from petitioner.

3. Location of area to be vacated: ____________________________________________

Key Number of area to be vacated: ___________________________________________

Name of Subdivision: _____________________________________________________

Street Address: ___________________________________________________________

4. Are any other applications pending?

Variance ________ Conditional Use ________ Special Exception _________

Rezoning ________ Class I Subdivision ______ Other ___________________

5. Is the proposed vacation platted _____ or an unrecorded subdivision _____?

6. What is the current zoning of the proposed vacation? ________________________

4

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7. Which companies provide the following?
Water/Sewer: _______________ Telephone: ________________

Electric: ____________________ Cable TV: ________________

8. Is there a Homeowner's Association? ____________________________________

President's Name ____________________________________________________________

Email Address: _______________________________________________________________

Address: ____________________________________________________________________

9. In your own words, briefly explain why you are applying for the vacation, why you
feel that the vacation should be approved, and what use, if any, is planned for the vacated
property. (A detailed explanation is to be provided in the separate statement required item
#3 on the instructions.)
________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

The undersigned understands this Application and all other applicable items
listed on the Instruction Sheet must be submitted completely and accurately
before a hearing can be scheduled. The undersigned further understands that
this process may take up to two (2) months to finalize. The County reserves the
right to request additional information it may deem necessary in processing
this application.

Signature(s): _________________________________ Date: __________

Signature(s): _________________________________ Date: __________

This application and documents submitted are public record pursuant to Ch119, F.S.

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 PETITION TO VACATE, ABANDON, DISCONTINUE,
AND CLOSE EASEMENT(S), RIGHTS-OF-WAY, AND PLATS

The Petitioner(s) ________________________________________________________

who resides at________________________________________________ and whose
telephone number is _______________________________makes this application to the
Board of County Commissioners to vacate the County’s interest in that certain easement,
alley, right-of-way, or plat as described as follows:
Legal description of the subject area to be vacated (or may insert “See Survey”):
________________________________________________________________________
________________________________________________________________________
Petitioner will show that he/she has complied with the provisions and requirements in
accordance with the Board of County Commissioners Policy No. 19-07 and Sections
177.101 and/or 336.10, Florida Statutes.

Petitioner would further show that the above described property is not situated within the
incorporated city limits of any municipality within Hernando County, Florida, and that
the vacation of said area will not affect the ownership or right of convenient access of
persons in anyway whatsoever.

Petitioner has further indicated that he/she intends to post signs on the subject property
described above giving notice of intent to petition the Board of County Commissioners to
vacate the subject area in accordance with Florida Statues, and the policies and
procedures of the Board of County Commissioners.

Wherefore, Petitioner prays that the Board of County Commissioners of Hernando

County accept the filing of this petition and set the same for a public hearing which will
be advertised pursuant to the provisions of the Florida Statutes, at which time the Board
may adopt a resolution vacating, abandoning, discontinuing and/or closing the subject
area.

Notice - This Petition is not deemed filed until receipt of applicable Petition
fees upon notice by County of acceptance of a complete application.

Petitioner ________________________ Petitioner ______________________________

STATE OF FLORIDA STATE OF FLORIDA

COUNTY OF _____________ COUNTY OF ______________
The foregoing instrument was The foregoing instrument was
acknowledged before me this ______ acknowledged before me this ______
day of ___________ 20___, day of ___________ 20___,
by_____________________ by_____________________
who is personally known to me who is personally known to me
or who has produced ______________ or who has produced ______________
as identification. as identification.
Notary Public ______________________ Notary Public ______________________
(SEAL) (SEAL)

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 Vacation Tax Clearance Form

Florida Statutes: Title XII

§177.101 Vacation and annulment of plats subdividing land.

§177.101 (4) Persons making application for vacations of plats either whole or in part
shall give notice of their intention to apply to the governing body of the county to
vacate said plat by publishing legal notice in a newspaper of general circulation in
the county in which the tract or parcel of land is located, in not less than two weekly
issues of said paper, and must attach to the petition for vacation the proof of such
publication, together with certificates showing that all state and county taxes have
been paid.

As a result of the above statute, you are required to provide this form signed by the
Hernando County Tax Collector’s Office certifying that the taxes on the property proposed
to be vacated have been paid through the current tax year.

DATE:

I, , hereby certify that the property taxes on

parcel key number have been paid through the current
tax year.

Sally L Daniel, CFC

Hernando County Tax Collector
Hernando County Government Center
20 North Main Street, Room 112
Brooksville, FL 34601
(352) 754-4180

By:
Print Name:
Title:

SEAL

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