File #: 24-1195   
Type: Public Hearings Status: Passed
File created: 7/3/2024 In control: Board of County Commissioners
On agenda: 7/16/2024 Final action: 7/16/2024
Title: Public Hearing to consider adoption of a Resolution to vacate a portion of maintained right-of-way for Shady Oaks Drive. (No fiscal impact)
Attachments: 1. Backup - Vacate Maintained ROW Portion - Shady Oaks Dr, 2. Resolution - Vacate Maintained ROW Portion - Shady Oaks Dr
SUBJECT
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Public Hearing to consider adoption of a Resolution to vacate a portion of maintained right-of-way for Shady Oaks Drive. (No fiscal impact)
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DESCRIPTION
Request the Board adopt a Resolution vacating a portion of maintained right-of-way for Shady Oaks Drive, as recorded in Map Book 25, Pages 28 through 35, Public Records of Polk County, Florida. The subject right-of-way lies in Section 34, Township 30 South, Range 31 East.

The County received a Petition from Eagle Haven Ranch Properties, LLC, through its legal representation to vacate a portion of maintained right-of-way for Shady Oaks Drive. After a review by County staff, it was determined that vacating the subject area would benefit the County as the County would no longer have to maintain that portion of the right-of-way, therefore, County staff is requesting that the petition fee be waived. The subject portion of Shady Oaks Drive currently only serves the owner of Eagle Haven Ranch Properties, LLC. Vacating and closing this portion of maintained roadway would remove public interest, lessen County maintenance requirements, and allow the owner of the adjacent parcel to assemble it with their current property.

Peace River Electric Company has no objections. Frontier Communications requested and provided a Communications Easement over their facilities. The Petitioner has agreed to Frontier's request and has executed a Communication Easement to Frontier Communications.

The Roads and Drainage Division, Office of Planning and Development, and Utilities Division have no objections to the proposed vacation.

RECOMMENDATION
Request Board waive the Petition fee and adopt a resolution to vacate a portion of maintained right-of-way for Shady Oaks Drive as shown on Map book 25, pages 28 through 35 Public Records of Polk County, Florida, as fully described in the legal description contained in Petition and Resolution attached hereto.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
R. Wade Allen,...

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