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 plat of Waverly Manor Town Unit No. 1, and the Plat of Washington Park, Waverly, Florida. Also accept Drainage Easement and Utility Easement to Polk County in conjunction therewith. (No fiscal impact)
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DESCRIPTION
The County has received a petition from Bryan Mixon, as President of Ridge Youth Agriculture Foundation, Inc. and as authorized representative, for Phyllis J. Allen, Mildred Banks, Christopher Coleman, Todd Rotton, and Waverly Growers Cooperative, to vacate portions of platted rights-of-way shown on the plat of Waverly Manor Town Unit No. 1 recorded in Plat Book 25, Page 5 (“Waverly”), and platted rights-of-way shown on the plat of Washington Park recorded in Plat Book 31, Page 38, a Resubdivision of Lots 15, 16, 17, 18, 19, and 20 of Commercial Banana Plantations Unit No. 9, recorded in Plat Book 9, Page 13 (“Washington Park”), all of the Public Records of Polk County, Florida. The subject rights-of-way lie in Section 04, Township 29 South, Range 27 East.
The plat of Waverly, filed in 1926, and the plat of Washington Park, filed in 1941 dedicated to the public various rights-of-way throughout the plats. The Petitioners own property, some of which was recently purchased, adjacent to platted rights-of-way shown as Taylor Avenue, Gordon Avenue and Pine Street on Waverly and shown as Fourth Avenue and Carver Street on Washington Park. They have requested the vacation of the rights-of-way lying adjacent to their properties in order to take over maintenance and add fencing to curtail illegal dumping and to better secure their properties from trespass. Most of the rights-of-way are unmaintained; however, a short segment of Carver Street is county maintained but primarily serves the Petitioners property. The Petitioners own all but one of the properties adjacent to the subject vacation areas in both Waverly and Washington Park. County staff contacted the other adjacent property owner in Waverly and received no objection; however, the property will continue to be accessible from county-maintained Center Street and will not be affected by the vacation. The other adjacent property owner in Washington Park is Duke Energy who was contacted as part of the utility notification process.
The City of Lake Wales Utilities, Florida Public Utilities, and Frontier Communications have no objections to the proposed vacation. Duke Energy, which owns property adjacent to Carver Street in Washington Park, has requested an easement and the petitioners have agreed to the request and have executed an easement to comply with its request.
The Office of Planning and Development, has no objections to the proposed vacation. Polk County Utilities has requested a utilities easement, and the Roads and Drainage Division has requested a drainage easement to accommodate existing facilities and the Petitioners have agreed to the request and have executed the appropriate easements.
RECOMMENDATION
Request Board adopt a resolution to vacate platted rights-of-way as shown on the Waverly and Washing Park as more fully described in the legal descriptions contained in the Petition and Resolution attached hereto. Also request Board accept a Drainage Easement and Utility Easement from Ridge Youth Agriculture Foundation Inc. in conjunction therewith.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577