SUBJECT
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Request the Board, by its own motion, consider adoption of a resolution to vacate a portion of deeded right-of-way lying easterly of Crystal Beach Road in the Winter Haven area. Also request Board authorize the conveyance of the County’s interest via County Deed, accept a Drainage Easement and accept a Quit Claim Deed for additional right-of-way for Crystal Beach Road. (No fiscal impact)
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DESCRIPTION
The County was contacted by Lori L. Proctor regarding right-of-way located along the northern portion of her property which is not being utilized for roadway purposes. County staff reviewed the area and determined that in July, 1956, Charles Proctor and Ilene Proctor, his wife, conveyed 25-foot wide strips of land to the County as right-of-way for a roadway now known as Grady Polk Road near its intersection with a roadway now known as Crystal Beach Road by a Quit Claim Deed recorded in Deed Book 1046, at Pages 485 and 486. Subsequent to the above-mentioned deed Crystal Beach Road was realigned to the west leaving a portion of right-of-way, measuring approximately 100-feet, which now lies to the east of the roadway. A portion of the right-of-way associated with the old alignment, which consisted of platted right-of-way shown on the map of Lago Vista, was previously vacated in 2008; however, the deeded right-of-way was not included and remains in place. This portion of right-of-way has not been utilized for a roadway in over 50 years, but is, and has been, used for drainage purposes in conjunction with an existing drainage easement running easterly to Eagle Lake. Through ongoing discussions with Ms. Proctor, she has agreed to convey additional right-of-way along, and for, Crystal Beach Road, which is currently substandard, and in consideration the County would process the vacation of the deeded right-of-way lying east of the roadway. Additionally, Ms. Proctor, has agreed to grant a drainage easement over the proposed vacation area to accommodate the existing drainage uses.
Vacating the subject portion of deeded right-of-way and approving a County Deed to release any interest that may remain for title clearing purposes will allow Ms. Proctor to assemble, and fully utilize the area, with her property. Also, accepting the Drainage Easement and Quit Claim Deed will give the County the easement needed for drainage and additional right-of-way along Crystal Beach Road for safety purposes.
Florida Public Utilities/Central Florida Gas, City of Eagle Lake, Zayo Group (formerly Lightwave LLC), Frontier Communications, Summit Broadband, Tampa Electric Company (TECO), City of Winter Haven Fiber and Charter 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 vacating a portion of deeded right-of-way as fully described in the legal description contained in the resolution attached hereto. Also request Board accept the above-mentioned Quit Claim Deed and Drainage Easement and authorize a County Deed to Lori L. Proctor for the subject vacation area for title clearing purposes.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
Scott Lowery, Support Manager
Real Estate Services
863-534-2578