SUBJECT
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Public Hearing to consider adoption of a resolution to vacate a portion of a platted public utility easement as shown on the plat of Shadow Wood Unit 2, Winter Haven. (No fiscal impact)
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DESCRIPTION
The County received a petition from Christopher A. Desrochers, as authorized representative for Brion G. Babula and Janet F. Babula to vacate a portion of a platted public utility easement lying within Lots 6, 20 and 21, as shown on the plat of Shadow Wood, Unit 2, recorded in Plat Book 68, Page 28, Public Records of Polk County, Florida. The subject easement is located in Section 35, Township 28 South, Range 25 East.
The plat filed in 1979, dedicated all rights-of-way and easements shown thereon to the use of the public. The Petitioners own lots 6, 20 and 21 within the plat which are bisected by a 15-foot wide platted public utility easement. The Petitioners recently installed solar panels which led to the discovery that, in addition to the panels, the residence, pool and workshop are located within, and across, the utility easement. The Petitioners requested the vacation of the platted utility easement lying within their property in order to clear the existing encroachments. After a review of the Petitioner’s request, it was determined that the remainder of the utility easement to the northeast and to the southwest would be unusable and therefore unnecessary. Staff is requesting that the remainder of the easement lying over the rear of Lots 5, 7, 19, 22, 23 and 24 of said plat also be included in the vacation. Vacating the platted utility easement will remove the public’s interest in the subject area and eliminate the encroachments by the Petitioner’s improvements. Additionally, it will allow the Petitioner and remaining property owners encumbered by the easement to more fully utilize their properties.
Charter Communications the City of Auburndale, Florida Public Utilities, Frontier Communications, and TECO have no objections to the proposed vacation.
The Roads and Drainage Division, Office of Planning and Development, and Utilities Division have no objections to the proposed vacation.
RECOMMENDATION
Request Board adopt a resolution to vacate a portion of a platted public utility easement as shown on the plat of Shadow Wood, Unit 2, as 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