SUBJECT
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Public Hearing to consider adoption of a Resolution to vacate a portion of platted, unmaintained right-of-way shown as 43rd Street on the Replat of Davenport Terminals in Davenport, Florida. (No fiscal impact)
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DESCRIPTION
Request the Board, by its own motion, adopt a resolution vacating a portion of platted and unmaintained right-of-way shown as 43rd Street on the Replat of Davenport Terminals, as recorded in Plat Book 29, Page 4 of the Public Records of Polk County, Florida. The subject right-of-way lies in Section 03, Township 27 South, Range 27 East.
While reviewing the legal descriptions for right-of-way associated with an extension of Power Line Road it was discovered that right-of-way from a plat known as Replat of Davenport Terminals was bisecting the proposed roadway corridor near its intersection with US Highway 17/92. The Plat, filed in 1929, dedicated to the public various rights-of-way throughout the plat; however, the right-of-way, shown as 43rd Street on the plat, is not reflected on the current tax maps. After a review of the area no evidence could be located, by County staff or the Property Appraiser, to show that this right-of-way had previously been vacated. In addition to the bifurcation of the Power Line Road corridor the subject right-of-way is bisecting multiple properties in the area so it is proposed to vacate all of the platted right-of-way known as 43rd street lying south and east of US Highway 17/92 in an effort to alleviate any issues with the presence of the right-of-way through these properties. The County contacted the adjacent property owners and received no objections to the proposed vacation. Some of the properties that are bisected by the right-of-way are located in the City of Davenport; however, it is unclear whether or not the subject right-of-way itself is within the municipal limits based on the current tax maps. Vacating the right-of-way will remove whatever public interest the County may have in the subject right-of-way in an effort to allow the property owners to fully utilize their properties without the bifurcation.
The City of Davenport, Charter Communications, Florida Public Utilities, Frontier Communications, Summit Broadband, Uniti Fiber, LLC, and Zayo Group have all been contacted and have no objections to the proposed vacation. Duke Energy responded with an objection citing facilities in the area; however, upon further review the above ground facilities only cross the subject right-of-way in one location and do not appear to be impacted by the proposed vacation.
The Office of Planning and Development, the Roads and Drainage Division, and the Utilities Division have no objections to the proposed vacation.
RECOMMENDATION
Request Board adopt a resolution to vacate a portion of the platted, unmaintained right-of-way shown as 43rd Street on the Replat of Davenport Terminals as more fully described in the Resolution attached hereto.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577