SUBJECT
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Public Hearing to consider adoption of a Resolution to vacate a portion of platted, unmaintained right-of-way shown as 43rd Street on the Replat of Davenport Terminals in Davenport, Florida. (No fiscal impact)
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DESCRIPTION
Request the Board, by its own motion, adopt a resolution vacating a portion of platted and unmaintained right-of-way shown as 43rd Street on the Replat of Davenport Terminals, as recorded in Plat Book 29, Page 4 of the Public Records of Polk County, Florida. The subject right-of-way lies in Section 03, Township 27 South, Range 27 East.
While reviewing the legal descriptions for right-of-way associated with an extension of Power Line Road it was discovered that right-of-way from a plat known as Replat of Davenport Terminals was bisecting the proposed roadway corridor near its intersection with US Highway 17/92. The Plat, filed in 1929, dedicated to the public various rights-of-way throughout the plat; however, the right-of-way, shown as 43rd Street on the plat, is not reflected on the current tax maps. After a review of the area no evidence could be located, by County staff or the Property Appraiser, to show that this right-of-way had previously been vacated. In addition to the bifurcation of the Power Line Road corridor the subject right-of-way is bisecting multiple properties in the area so it is proposed to vacate all of the platted right-of-way known as 43rd street lying south and east of US Highway 17/92 in an effort to alleviate any issues with the presence of the right-of-way through these properties. The County contacted the adjacent property owners and received no objections to the proposed vacation. Some of the properties that are bisected by the right-of-way are located in the City of Davenport; however, it is unclear whether or not the subject right-of-way itself is within the municipal limits based on the current tax maps. Vacating the right-of-way will remove whatever public interest the County may have in...
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