SUBJECT
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Public Hearing to consider adoption of a Resolution to vacate portions of platted, unopened, and unmaintained rights-of-way as shown on the Map of Starr Lake Development and the Replat of Starr Lake Development, Lake Wales, Florida. (No fiscal impact)
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DESCRIPTION
The County has received a petition from David C. Carter, as authorized agent for Nim Lithuel, LLC and C. C. Calhoun, Inc., to vacate certain portions of platted, unopened, and unmaintained rights-of-way shown on the map of Starr Lake Development and the Replat of Starr Lake Development, recorded in Plat Book 6, at Page 2 and Plat Book 6, at Page 12, respectively, Public Records of Polk County, Florida. The subject rights-of-way lie in Section 13, Township 29 South, Range 27 East.
The map of the Starr Lake Development and the Replat of Starr Lake Development, both filed in 1923, depict various rights-of-way throughout the plats. The plats contain no formal dedications; however, notations on the plat, which include symbols, were used to indicate which rights-of-way were intended to be public and which were intended to be private. Despite these notations the current tax maps show the rights-of-way which appear to be private as public rights-of-way. The petitioners have large land holdings which are bisected by these rights-of-way shown on the tax maps and they have requested the vacation of the rights-of-way adjacent to their properties to remove any public interest therein, and remove any clouds on their title, caused by the bifurcation in order to facility their mining operations. During a review of the requested vacation areas, it was discovered that two areas not included in the petition would result in remnant sections of similar rights-of-way adjacent to three properties. County staff contacted these adjacent owners and received a consent from two of them and no response from the third; however, the primary access to that property will not be affected by the vacation. Vacating the subject rights-of-way will remove the public interest, if any, in the subject rights-of-way and remove any clouds on the titles to the properties caused by the tax maps.
Charter Communications, City of Lake Wales Utilities, Duke Energy, Florida Public Utilities, Florida Southeast Connection LLC, and Frontier Communications have no objections to the proposed vacation.
The Roads and Drainage Division, Office of Planning and Development, and Utilities Division have no objections to the proposed vacation.
RECOMMENDATION
Request Board adopt a resolution to vacate platted, unopened, and unmaintained rights-of-way as shown on the Map of Starr Lake Development and the Replat of Starr Lake Development, as more fully described in the legal descriptions contained in the Petition and Resolution attached hereto.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577