SUBJECT
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Public Hearing to consider adoption of a resolution to vacate portions of platted public drainage and utility easements as shown on the Plat of River Ranch Shores Unit One. (No fiscal impact)
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DESCRIPTION
The County has received a petition from Samuel Keith Strickland and Carolyn Diane Strickland, as Co-Trustees of the Strickland Family Trust to vacate portions of the platted drainage and utility easements lying along the northeasterly side of Lot 24, Block 59 and southwesterly side of Lot 23, Block 59, as shown on the plat of River Ranch Shores Unit One, recorded in Plat Book 48, Pages 26 through 48, Public Records of Polk County, Florida. The subject easements lie in Section 22, Township 31 South, Range 31 East.
The Plat of River Ranch Shores Unit One, filed in 1970, describes 5-foot-wide easements for drainage and utilities along the rear and side lot lines of each platted lot which are presumed to be public due to a lack of dedication to the contrary. In 1971, a residence was permitted by the County and constructed over the common boundary of Lots 23 and 24 which creates an encroachment into the drainage and utilities easements along the side lot lines. Throughout the years, other items have been permitted by the County. The Petitioners bought the property in 2018, and a recent boundary survey and title examination for the sale of the property revealed the encroachment. They have requested the vacation of drainage and utilities easement located along the common boundary line, less the southeasterly 5-feet thereof due to the presence of an existing water meter, to eliminate the encroachment and clear any clouds on their title caused thereby. Vacating the requested portions of the platted drainage and utility easements will remove the public’s interest in the platted easements and eliminate any clouds on the petitioners’ title caused by the encroachment.
Frontier Communications and Peace River Electric Cooperative 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 waive the petition fee and adopt a resolution to vacate a portion of platted public drainage and utility easements as shown on the Plat of River Ranch Shore Unit One, as fully described in the legal description contained in the Petition and Resolution attached hereto.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577