SUBJECT
title
Public Hearing to consider adoption of a Resolution to vacate portions of platted and unmaintained rights-of-way as shown on the map of Florida Development Company Tract. (No fiscal impact)
body
DESCRIPTION
The County received a petition from James Mott, as the authorized representative for CEMEX Construction Materials Florida, LLC, to vacate platted and unmaintained rights-of-way generally described as being a portion of that certain 15.00 foot Platted right-of-way lying North of Tracts 3 through 8 (“ROW A”), and a portion of that certain 15.00 foot Platted right-of-way lying East of Tracts 8 and 9 (“ROW B”), and a portion that certain 30.00 foot Platted right-of-way lying South of Tracts 9 through 13 and North of Tracts 20 through 24 (“ROW C”), all lying in the Northeast 1/4 of Section 2, Township 27 South, Range 27 East, as shown on the map of Florida Development Co. Tract recorded in Plat Book 3, Page 60, of the Public Records of Polk County, Florida.
The map of Florida Development Company Tract, filed in 1914, depicts various rights-of-way throughout the plat. CEMEX owns the lands adjacent to the north and south of ROW A, to the west of ROW B and to the north of ROW C which is part of a permitted Sand Mine operation. CEMEX has plans to enlarge its mining operations and has requested the vacation of the platted rights-of-way to remove the bifurcation impacting the site and assemble the overall property. Vacating the rights-of-way will remove the public’s interest in the subject area and allow the petitioner to more fully utilize its property in its planned mining operations.
County staff and the petitioner contacted the adjacent property owner located to the east of ROW B, being the North to South portion of right-of-way to be vacated, Wells Florida Land Corporation, and it has objected to the vacation citing ROW B as its legal access to its property. In response to this objection the petitioner, through its legal counsel, has requested to amend the request to only include the vacation of ROW A and ROW C, identified as “Parcel A” and “Parcel B”, respectively, on the revised legal description provided with the Petitioners amendment request.
The City of Davenport, Duke Energy, Frontier Communications, and Summit Broadband have no objections to the 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 platted and unmaintained right-of-way shown on the map of Florida Development Co. Tract identified as ROW A and ROW C above, as requested by the Petitioner, and as more particularly described in the resolution attached hereto.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577