SUBJECT
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Public Hearing to request the Board, by its own motion, consider adoption of a resolution to vacate a portion of platted, unopened, and unmaintained right-of-way shown as Bryan Avenue on the Map of Jester Subdivision. Also, request Board declare surplus and authorize the private conveyance of the County’s interest in Parcel ID Number 262728-493000-000260 to Dwann Bowers. ($1,000, one-time revenue)
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DESCRIPTION
The County was contacted by Dwann Bowers inquiring about certain items related to her property. After reviewing the property it was determined that there appeared to be platted unmaintained right-of-way along the west side of her property and a small County-owned tract immediately to the east of her property. Research as to the platted right-of-way has revealed that the Map of Jester Subdivision, filed in 1925 in Plat Book 18 at Page 1 dedicated to the public various rights-of-ways throughout the plat. Through a series of replats nearly all of the rights-of-way were platted over and vacated by virtue of the new plats. However, two lots (Lots 1 and 2) from the original plat, which are now owned by Ms. Bowers, along with a portion of platted right-of-way known as Bryan Avenue lying adjacent to the west thereof were not included in any of the replats. The first replat recorded in Plat Book 26, at Page 39 contains a statement that all rights-of-way from the original plat are hereby vacated; however, this replat along with subsequent replats continued to depict the existence of the right-of-way known as Bryan Avenue adjacent to Lots 1 and 2 so it is unclear whether or not this statement had any effect on the subject right-of-way and the title to Ms. Bower’s property is potentially clouded by the matter.
Research as to the County-owned property has revealed that the most recent replat known as Heath’s Addition filed in 1974 in Plat Book 63, at Page 10, which platted over and vacated the majority of the right-of-way for Bryan Avenue, also established a narrow tract identified as Tract A. The tract, which measures approximately 15-feet wide, is located between Ms. Bower’s property and the right-of-way for the subdivision road known as Adamson Court. The plat makes no mention of the purpose of the tract and in 1985 the property was conveyed to the County through the escheatment process by a Tax Deed recorded in O.R. Book 2319, at Page 948. Due to the size, shape and location of this tract it is only of use and benefit to Ms. Bowers as the adjacent property owner. As a result of ongoing discussions with Ms. Bowers the County requested the amount of $1,000 for the conveyance of Tract A and in consideration the County would process the vacation of the adjacent platted right-of-way for Bryan Avenue and Ms. Bowers has agreed to the County’s request.
Vacating the subject portion of Bryan Avenue will remove the public’s interest in the subject area and allow the adjacent property owner to assemble with her property and clear any potential clouds on her property caused by the ambiguities in the various replats. Declaring the above-described County-owned tract as surplus and authorizing the sale will allow the adjacent property owner to purchase the parcel, place it back on the tax roll and remove the property from the County Land Inventory. The County-owned tract is being transferred in “as is” condition and the conveyance of the property will be by County Deed.
Florida Public Utilities, Kinder Morgan, the City of Lake Alfred, Frontier Communications, Tampa Electric Company (TECO), Charter Communications, the Roads and Drainage Division, Office of Planning and Development, and Utilities Division as well as the property owners adjacent to the west have no objections to the proposed vacation.
RECOMMENDATION
Request Board adopt a resolution to vacate a portion of platted, unopened, and unmaintained right-of-way shown as Bryan Avenue on the Map of Jester Subdivision, as fully described in the legal description contained in the Resolution attached hereto. Also request Board declare the above-mentioned County-owned parcel surplus and authorize the private conveyance of the County’s interest, including any interest that may otherwise be reserved by Florida Statutes, to Dwann Bowers for the amount of $1,000 with the condition that the applicable recording fees and documentary stamps shall be borne by the buyer.
FISCAL IMPACT
Proceeds from the sale of the parcel to be deposited into the appropriate fund, to be determined by Finance and Accounting.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577