SUBJECT
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Public Hearing to consider adoption of a Resolution to vacate platted and unmaintained right-of-way as shown on the map of Captain David Burns’ Subdivision, Davenport, Florida and accept a Drainage Easement from Davenport Legacy, LLC. (No fiscal impact)
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DESCRIPTION
The County has received a petition from Jeffrey D. Hofius as authorized agent for Davenport Legacy, LLC to vacate a portion of a 30-foot platted, unopened, and unmaintained right-of-way shown on the map of Captain David Burns’ Subdivision, as recorded in Plat Book 4, Page 34, Public Records of Polk County, Florida. The subject right-of-way lies in Section 12, Township 26 South, Range 27 East.
The Plat, filed in 1916, depicts various rights-of-way throughout the plat. The petitioner owns parcels on either side of one of those platted rights-of-way and has requested the vacation of that right-of-way lying east of Block 2 and south of Hart Road to remove the bifurcation in order to fully utilize its properties for future development. Vacating the right-of-way will remove the public’s interest in the subject area which will allow the petitioner to assemble and more fully utilize its properties.
Duke Energy, Frontier Communications, Kinder Morgan/Central Florida Pipeline, MCI, and Spectrum Sunshine State, LLC have no objections to the proposed vacation. Lumen objected stating that the vacation area may be needed in the future but have no plans to utilize the area at this time, and this statement is a normal response from this company.
The Office of Planning and Development, and Utilities Division have no objections to the proposed vacation. The Roads and Drainage Division requested a drainage easement over the eastern boundary of the petitioner’s property to allow for drainage from Hart Road to an existing outfall area to the south which could have been accommodate for in the subject right-of-way. The petitioner has agreed to the County’s request and has executed a Drainage Easement to the County.
RECOMMENDATION
Request Board adopt a resolution to vacate platted, unopened, and unmaintained right-of-way as shown on the map of Captain David Burns’ Subdivision, and as more fully described in the legal description attached to the Petition and Resolution attached hereto. Also request Board accept the Drainage Easement from Davenport Legacy, LLC.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577