SUBJECT
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Public Hearing to consider adoption of a resolution to vacate a portion of deeded and unmaintained right-of-way located east of Overlook Drive. (No fiscal impact)
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DESCRIPTION
The County has received a petition from Ray Hussain, President of Dynamic Dream Studios, to vacate a portion of deeded and unmaintained right-of-way lying adjacent to its property located along Overlook Drive in the Winter Haven area.
In April of 1937 Elmina and A.M. Tilden conveyed a 50-foot wide strip of right-of-way to the County by a Quit Claim Deed which was subsequently recorded in Deed Book 559, at Pages 493 and 494. The strip, as described in the deed, runs east to west for a total length of 660-feet and lies to the east of Overlook Drive. No evidence could be found to indicate that the County has ever utilized this strip for a roadway or for any other purpose. In 1976 the westerly portion, approximately 160-feet, was vacated leaving an isolated and inaccessible remnant portion of right-of-way. The Petitioner recently acquired the property adjacent to the north and contacted the County after its surveyor discovered the remnant right-of-way while surveying the property as it was not reflected on the Property Appraiser maps. After researching the area no evidence could be located showing that the remnant right-of-way had ever been vacated or otherwise conveyed by the County. The Petitioner has requested the vacation of the remainder of the deed and unmaintained right-of-way in order to assemble with, and more fully utilize, its property. Vacating the subject portion of deeded right-of-way will remove the public’s interest in the subject area and allow the petitioner to fully utilize the area in conjunction with its property. One objection was received from the property owner to the west of the subject area; however, there are no negative impacts, nor is it utilized for access, to their property.
Charter Communications, City of Winter Haven, Florida Public Utilities, Frontier Communications, Orchid Springs (sewer/water), Tampa Electric Company, and Zayo Group 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 the above-mentioned portion of deeded and unmaintained right-of-way as more 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