SUBJECT
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Public Hearing to consider adoption of a resolution to vacate platted, unopened, and unmaintained right-of-way as shown on Crosby's Addition to Loughman, Florida, Davenport, Florida. (No fiscal impact)
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DESCRIPTION
The County has received a petition from James Emory to vacate a portion of platted, unopened, and unmaintained right-of-way, shown as Third Street on Crosby's Addition to Loughman, Florida, recorded in Plat Book 4, Page 43, Public Records of Polk County, Florida. The subject right-of-way lies in Section 12, Township 26 South, Range 27 East.
Crosby's Addition to Loughman, Florida, filed in 1916, depicts various rights-of-way throughout the plat, which are presumed to be public as the plat has no dedication. The petitioner, along with his daughter, owns property to the north and east of a 40-foot wide platted right-of-way shown as Third Street lying east of Block "A" of the plat. The Property Appraiser maps only depict an isolated portion of this platted right-of-way lying to the south of CR 54 and primarily east of Lot 11 of Block "A". Nothing could be located showing that the remainder of the right-of-way, which lies primarily to the east of Lot 10 of Block "A", had been previously vacated. The petitioner is requesting the right-of-way be vacated to clear any clouds on the title to, and assemble with, his property as well as the adjacent property owned by his daughter. The county received a written consent from the daughter in regard to the vacation and county staff contacted the adjacent property owner to the west and received no objection. Vacating the subject right-of-way will remove the public's interest in the subject area which will clear any clouds on the Petitioner property and allow for the assemblage with the adjacent properties for future use and development.
Duke Energy, Frontier Communications, Central Florida Gas and Charter Communications have no objections to the proposed vacation.
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