§ 20-17. Petition requirements.

(a)

Petition for road closing application, including all supporting documents (three (3) originals required) shall be received by the public works division along with a check payable to the Sumter County BOCC.

(1)

Provide certified legal description of property to be vacated.

(2)

The instrument/deed that identifies the title or interest which the county and the public hold in the property sought to be vacated. Land title search will be required at the expense of the petitioner.

(3)

A Quit Claim Deed transferring ownership of the proposed property to be closed/vacated from Sumter County to the petitioner(s), said Quit Claim Deed to remain in the possession of the clerk until such time as the appropriate documentation is recorded in the public records of Sumter County finalizing said petition. It is understood that should the petition be denied or withdrawn for any reason the Quit Claim Deed will not be recorded and will be destroyed by the clerk.

(4)

Proof that the county did not pay more than a nominal amount, for the road, right-of-way or easement sought to be vacated.

(5)

A list of all persons likely to be affected by the road closing, which shall include, but not limited to, all persons owning property abutting the road or any extension thereof, as well as any person who is known to use the road or easement for access to other property whether it abuts the road/easement or addressed off of.

(6)

In the case or roads and rights-of-way, a certification from the petitioner that the vacating will not deprive other persons of access to and from their property, whether the access involved is a binding, legal access, by prescription, or otherwise (roads and rights-of-way).

(7)

In the case of roads and rights-of-way, a certification by the petitioner that at least thirty (30) days prior to the hearing on petition, petitioner has notified in writing, certified mail receipt requested, all person[s] listed with the petition as stated above advising each person that petitioner seeks to have the county vacate the subject property and renounce any right to the public in same. The petitioner shall file all mail receipts with the public works division prior to the executive summary going to the BOCC.

(8)

A survey will be required at the expense of the petitioner. It shall show the legal description of the property sought to be vacated, any improvements located on or within fifty (50) feet of the boundaries of the property, existing utility improvements whether above the ground or below the ground, and in case of county roads, relationship to and intersection with other county roads and rights-of-way.

(9)

Certifications from public utility companies that the vacating will neither interfere with the utility services being provided, nor encroach unreasonably on their easement.

(10)

A statement of reason why the petition should be granted.

(11)

A statement as to how the vacating relates to the county comprehensive plans, long-range goals, and trends in the area of the property sought to be vacated.

(12)

Fees paid. See Sumter County Code of Ordinances section 20-18. The minimum fee for filing a petition is three hundred fifty dollars ($350.00). The fee for rescheduling and republication is two hundred dollars ($200.0).

(b)

The public works division, development services division, and clerk of the court will follow the process in the checklist for vacating roads, ROW and easements, which will be maintained and updated by the public works division.

(Ord. No. 82-2, § 2, 1-19-82; Ord. No. 83-03, § 1, 2-15-83; Ord. No. 86-2, § 1, 4-29-86; Ord. No. 90-1, § 1, 1-16-90; Ord. No. 91-7, § 1, 9-24-91; Ord. No. 2012-02, § 1, 3-13-12)