SUBJECT
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Public Hearing to consider adoption of a Resolution to vacate a portion of a platted public drainage easement as shown on the plat of Country View Estates II. (No fiscal impact)
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DESCRIPTION
The County has received a petition from Thomas Wodrich, as authorized agent for Susan and Otis Carden, to vacate a portion of a platted public drainage easement lying within Lot 13, as shown on the plat of Country View Estates II, recorded in Plat Book 84, Pages 8 through 11, Public Records of Polk County, Florida. The subject property is in Section 19, Township 27 South, Range 23 East.
The plat of Country View Estates II, filed in July 1987, dedicated to the public various rights-of-way and easements throughout the plat. A survey performed in conjunction with a pending sale of Lot 13 by the Petitioners revealed that the mobile home was encroaching into the existing platted public drainage easement which creates a cloud on the title and is preventing the closing from occurring. The Petitioners are requesting a portion of the drainage easement containing the mobile home, septic tank and drain field be vacated to resolve the encroachment and clear title. Vacating the requested portion of the platted drainage easement will remove the public’s interest in the subject area and remove the cloud on the title caused by the encroachment which will allow for the closing to move forward.
The Roads and Drainage Division and the Office of Planning and Development/County Engineer have no objections to the proposed vacation.
RECOMMENDATION
Request Board adopt a resolution to vacate a portion of a platted public drainage easement over Lot 13 as shown on the Plat of Country View Estates II, as more fully described in the legal description contained in the Petition and Resolution attached hereto.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
R. Wade Allen, Administrator
Real Estate Services
863-534-2577