Residents Raise Concerns About Proposed Right-Of-Way Vacation of 237 Feet Along Ninth Street North

by James Coulter

Several residents raised concerns about how their own properties would be affected if 237 feet of public right-of-way along Ninth Street North is vacated.

At their regular meeting on Tues. July 7, 2026, Lake Wales city commissioners voted unanimously to approve the first reading of an ordinance to vacate a public right‑of‑way located east of Ninth Street North and north of a vacant City‑owned parcel. The Public Works Department requested the vacation for the 237‑foot segment, which connects directly to Ninth Street North.

Several residents opposed the request, saying the right‑of‑way has been eroding and damaging their properties. Lynn M. Evans, who lives on Chelsea Way, wrote in her objection that the ongoing erosion has encroached onto her yard, which sits directly behind the right‑of‑way.

“For more than ten years, the hill located within the right-of-way has experienced ongoing erosion,” she wrote. “In recent years, the erosion has accelerated significantly and has now encroached on my property. Some of the posts for the HOA fence behind my home have collapsed into the eroded area, and the slope continues to deteriorate.”

Because the erosion occurred while the City still controlled the right‑of‑way, she asked commissioners to delay the vacation until the area is stabilized or repaired, to make remediation a formal condition of approval, or to prohibit any transfer of the right‑of‑way to adjacent owners until the hazardous condition is corrected.

Another resident, David Roberts, asked during public comments who would be responsible for the property if the City vacates the right‑of‑way, and how the change would affect him and other members of the Homeowners Association. He also raised concerns shared by other HOA members about the City’s maintenance of the property, particularly given the ongoing erosion.

“I will politely say it [the property] fell between the loops, and they [the City] didn’t maintain it,” he said. “Over the last couple of days, the city has stepped up. Kudos to them on filling it, trying to do the right thing before this vacation is complete.”

Another resident, David Krawsek, noted that the vacant parcel once served as the site and access road for a pumping station that has since been removed. He said the City had been promising improvements since 2008 and only recently began addressing the erosion by filling the area with dirt delivered by dump trucks.

He also raised concerns about the sewer‑line easement that crosses both the vacant parcel and his property, as well as the fence separating the two. He recommended that the City grant ownership of the parcel to the adjacent residents and move the fence back eight feet, noting that neighbors have long maintained the area by mowing and cutting weeds.

“So we have been in limbo for a very long time trying to figure out how to resolve this [situation],” he said. “If you move our fence back eight feet, then it becomes part of Northpoint. We already have an easement that the property owners own, but you have the right of way to do any kind of repairs on the sewer system that’s there. That was in the contract when we purchased our home.”

City Attorney Albert Charles “Chuck” Galloway Jr. explained that the right‑of‑way would be split between two adjacent owners, the southern portion going to the HOA and the northern portion to the property owner to the north.

“Legally, what transpires is that half of the property would go from the owner to the south and the other half would go to the owner to the north,” he explained. “So, the Association would take half, and Chris Davey [the adjacent property owner] would take half in this vacated portion.”

City Manager James Slaton then added that the next step following the vacation would be to classify the surplus and authorize it for sale, explaining that “somebody wants to vacate it so it can be sold and repaired.”