Complete the Vacation Application here

Vacating County Interest in Real Property

Property Acquisition is responsible for processing vacation requests for recorded subdivision plats, easements and right-of-way that have been dedicated for a public purpose.

Vacation Fees

The applicant is also responsible for associated costs of the vacation process, including advertising and recording fees. Fees will not be refunded for withdrawn, canceled, or denied applications.

For instructions on how to complete the vacation application, click here.

Pre-Application Meeting

Vacation Application Process

1. Preliminary review of the application for regulatory compliance and completeness.


2. Jurisdictional Review by County departments and private utilities companies serving the area.


3. Legal review of the application by the County Attorney’s Office.


4. A Resolution is presented to the Board of County Commissioners (Board) to set a public hearing to consider the vacation request.


5. A notice of public hearing is advertised in the legal section of the newspaper, and a notice is placed at the site of the requested vacation area.


6. A public hearing is held at a Regular Board meeting where the Board will consider adopting a Resolution to vacate County interest in the property.


7. A notice of the vacation is advertised in the legal section of the newspaper.


8. Vacation documents are recorded in the Official Records of Manatee County, Florida within thirty (30) days after adoption of the resolution by the Board.

Application Filing Requirements

Legal Description and Sketch of Area Requested to be Vacated

• Description and sketch should be prepared by a surveyor licensed by the State of Florida.
• The legal description and sketch must be accompanied by a closure report and a completed Surveyor Checklist. To view the Surveyor Checklist, click here.
• For vacations of platted easements pursuant to Florida Statutes 177.101, please reference the platted easement in the legal description of the easement area to be vacated.
• All Exhibits should be 8.5” X 11”.

Certification of Ownership

Evidence certifying applicant’s fee interest ownership in the Parent Tract or proposed area to be vacated. Please provide one of the following:

• Current (less than 6 months old) “opinion of title & encumbrances” (supported by appropriate deeds via a minimum 30-year search history), as certified by an attorney who is a member of The Florida Bar; or
• Current “title policy” or “ownership & encumbrance report” issued by a title company licensed to conduct business in the State of Florida. Certification must be dated and signed by an authorized agent of the title company.

County staff must be notified of all changes in ownership occurring during the application process. An updated ownership & encumbrance report may be necessary prior to presentation to the Board.

Property Taxes & Assessments Must Be Current

Receipts of county tax payments are required and available at:
Manatee County Tax Collector's Office
819 301 Boulevard West
Bradenton, FL 34205
www.taxcollector.com

Purpose and Justification

Provide a detailed statement of the applicant’s purpose for requesting the proposed vacation action. Address any and all benefits to be derived by the County and public as the result of the action.

Vacation Affidavit

To view the Vacation Affidavit, click here.

Please print, execute, and upload to the online application. If you need assistance with the notarization, visit our office during business hours.

Public Notice Requirements

Applications requiring a public hearing have the following public notice requirements:

Legal Notices will be placed by County staff for publication in the Bradenton Herald, a Manatee County newspaper of general circulation. The applicant is responsible for all costs of advertising.

• Two (2) advance notices of a public hearing are required for actions subject to § 177.101, Florida Statutes.
• One (1) advance notice of a public hearing is required for actions subject to § 336.09, et seq., Florida Statutes.
• Approved vacation actions subject to § 336.09, et seq. require the publication of a “Notice of Resolution” in a local newspaper. 
• County staff will provide applicant with signage for posting a notice of a public hearing at the location of the property to be vacated.
  
• Signs must be clearly visible from the public roadway and must be placed within 15 feet of the front property line. Applicant must sign a notarized affidavit (form will be provided) attesting to the posting of signage.

Other Requirements

Presence at Board Meetings

An applicant or their authorized representative is highly encouraged to be present at the meeting or public hearing where the acceptance of the application by the Board will be considered and voted upon.

Recording Vacation Documents

Vacation resolutions will be returned to staff by Board Records for recording. Recording fees will be determined and the applicant notified. The payment of recording fees is the responsibility of the applicant who will provide staff with a check made payable to the “Clerk of the Circuit Court” for the total amount of the fees. The documents will then be submitted to the Clerk’s Office for recording in the Official Records of the County.

• § 331.4 of the Land Development Code requires the resolution vacating property to be recorded within thirty (30) days of the date of its adoption.

Replacement Easements

The applicant will be advised by staff when a replacement easement is required. Easements and supporting documents must be on preapproved County forms which will be provided by staff. These forms must be completed, properly executed, witnessed, and delivered to the County before an application for vacation can be presented to the Board for final consideration and action.

All or some of the following may be required:

• Easements (e.g., drainage, utilities, right-of-way).
• Affidavits of Ownership and Encumbrances.
• Subordination and/or joinder agreements from lien holders of record may be needed.
  • A legal description and sketch of the area to be conveyed must be attached to each document.
  • Documents will be presented to the Board for acceptance simultaneous to the approval of the applicant’s vacation petition.
  • Easement documents will be recorded subsequent to the recording of the vacation documents.
  • The applicant is responsible for all recording fees and will be notified of the amounts due.

Letters of No Objection

Where appropriate, applicant is responsible for providing original, signed and dated, letters of “no objection” (on an organization’s letterhead) from the following:

• Homeowner Associations & Cooperatives – Applies to any property under the jurisdiction of an HOA or Co-op.
  • Copies of recorded bylaws, etc., are to be provided with the application.
• Community Development District (“CDD”) – Applies to properties lying within the jurisdiction of a CDD. 
• Southwest Florida Water Management District (“SWFWMD”) – Applies to properties in which SWFWMD has an interest: e.g., conservation easements, wetlands, or retention areas.
  
  Southwest Florida Water Management District
  6750 Fruitville Road
  Sarasota, FL 34240-9711
  (941) 377-3722