SUBJECT
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Public Hearing to consider adoption of a Resolution to vacate a portion of maintained right-of-way for Horse Shoe Creek Road, currently known as Huckleberry Road, as recorded in Map Book 4, Pages 303 through 308, in Davenport, Florida and approve a new maintained right-of-way map for Huckleberry Road in conjunction therewith. (No fiscal impact)
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DESCRIPTION
Request the Board, by its own motion, adopt a resolution vacating that portion of maintained right-of-way for Horse Shoe Creek Road, currently known as Huckleberry Road, as shown on Map Book 4, Pages 303 through 308 of the Public Records of Polk County, Florida. The subject right-of-way lies in Sections 01 and 12, Township 27 South, Range 27 East.
The maintained right-of-way map for Horse Shoe Creek Road, which was filed in 1977, began at point approximately 650-feet east of the intersection of East Boulevard and continued easterly for approximately 1.5-miles before turning to the north for an additional 600-feet. Subsequent to the filing of the map the portion at the end of the roadway which runs north and south was renamed as Huckleberry Road. A recent survey conducted in preparation for a new residential subdivision at the northeast corner of Horse Shoe Creek Road and Huckleberry Road, revealed a scrivener’s error in the portion of the recorded map (beginning at Station No. 90+00) associated with what is now Huckleberry Road. The error causes the mapped right-of-way to shift northwesterly, deviating from the roadway and encroaching onto property owned by Nancy E. Walker and Robert Walker. A new maintained right-of-way way map was prepared showing the limits of the County’s maintenance for Huckleberry Road beginning at Station number 90+00 of the existing maintained right-of-way map where the error occurred. Vacating the portion of the existing maintained right-of-way map which contains the error will remove the public’s interest in this portion of the map to remove any clouds on the title to the Walker’s property that may have been caused by the error. Approving the new maintained right-of-way map for Huckleberry Road will give public notice of the County’s ownership of the right-of-way over the roadway.
Existing public utilities are not impacted by the vacation as they are within the maintained right-of-way limits shown on the new maintained right-of-way map for Huckleberry Road.
RECOMMENDATION
Request Board adopt a resolution to vacate a portion of the maintained right-of-way map for Horse Shoe Creek Road, now known as Huckleberry Road, as more fully described in the legal description attached to the Resolution attached hereto. Also request Board approve the new maintained right-of-way map for Huckleberry Road in conjunction therewith.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577