File #: 24-2309   
Type: Public Hearings Status: Passed
File created: 11/25/2024 In control: Board of County Commissioners
On agenda: 12/17/2024 Final action: 12/17/2024
Title: Public Hearing to consider adoption of a resolution to vacate portions of platted, rights-of-way as shown on the Map of A. R. Highfield's Addition to the City of Crooked Lake and the Plat of Stephenson's Addition to Babson Park, Polk County, Florida. (No fiscal impact)
Attachments: 1. Backup - Vacate Platted ROW - AR Highfield-Stephensons Add, 2. Resolution - Vacate Platted ROW - AR Highfield-Stephensons Add

SUBJECT

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Public Hearing to consider adoption of a resolution to vacate portions of platted, rights-of-way as shown on the Map of A. R. Highfield’s Addition to the City of Crooked Lake and the Plat of Stephenson’s Addition to Babson Park, Polk County, Florida.  (No fiscal impact)

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DESCRIPTION

The County has received a petition from Austin Evans as authorized representative for GE Investments of Polk, LLC to vacate certain portions of platted and unmaintained, rights-of-way lying within the Map of A. R. Highfield’s Addition to the City of Crooked Lake recorded in Plat Book 4, Page 71, and the Plat of Stephenson’s Addition to Babson Park recorded in Plat Book  29, Pages 28 and 28A, all of the Public Records of Polk County, Florida. The subject rights-of-way lie in Section 33, Township 30 South, Range 28 East.

The map of A. R. Highfield’s Addition to the City of Crooked Lake filed in 1920, depicted various rights-of-way throughout the plat that are presumed to be public due to a lack of dedication to the contrary. The Plat of Stephenson’s Addition to Babson Park filed in 1926 dedicated various rights-of-way throughout the plat to the public. The petitioner requested the vacation of the platted and unmaintained right-of-way shown as Kansas Avenue lying between Lots 15 through 19 and Lots 25 through 29, and that portion of Yarnell Avenue lying north of Lots 15, 25 and Kansas Avenue.  During a review of the petition and area, it was discovered that the right-of-way lying to the north and east would leave remnant sections of right-of-way. Staff contacted Juan Badillo Hernandez, the property owner to the east, regarding vacating the right-of-way adjacent to his property shown as Tallahassee Avenue on the said map of A.R. Highfield’s Addition lying east of Lots 25 through 29 and received no response. However, his property will still be accessible via Ross Street. Staff also contacted SHT Properties, the owner to the north, regarding vacating the right-of-way adjacent to its property and received consent to vacate that portion of Hillcrest Drive lying south of Lots 1 through 12, as shown on the Plat of Stephenson’s Addition to Babson Park. Therefore, the above-mentioned rights-of-way have been included in the vacation request in order to remove the remnant sections.  The petitioner recently purchased property adjacent to the subject rights-of-way and requested the vacation to remove the public’s interest in the rights-of-way in order to allow it to move forward with plans to develop the properties into residential home sites.

Frontier Communications and Duke Energy have no objections to the proposed vacation

The Office of Planning and Development, Polk County Utilities, and the Roads and Drainage Division have no objections to the proposed vacation.

RECOMMENDATION

Request Board adopt a resolution to vacate platted rights-of-way as shown on the map of A. R. Highfield’s Addition to the City of Crooked Lake, and the plat of Stephenson’s Addition to Babson Park and as more fully described in the legal description contained in the Resolution attached hereto.

FISCAL IMPACT

No fiscal impact.

CONTACT INFORMATION

R. Wade Allen, Director

Real Estate Services

863-534-2577