AGENDA MEMORANDUM

MEETING DATE:    September 27, 2010

FROM:                       Bill Wiley, AICP, Director of Community Development

SUBJECT:                  Ordinance vacating Lots 1-7 of the Beulah Heights Subdivision for the expansion of the existing adjacent self storage complex (Nicholson Self Storage) 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the request for vacating Lots 1-7 of the Beulah Heights Subdivision for the expansion of the existing adjacent self storage complex. The subject property is not currently used for public access or use. A reservation for a public utilities easement will be retained. The vacation is needed for future proposed expansion of the adjacent self storage facility.

Analysis:

The vacation of the lots is requested by Robert V. Nicholson. This property is generally located on the east side of Thomas Avenue and on the north side of Olivet Avenue. Any utility easement necessary for the property will be recorded with the Lake County Clerk of Courts.

The Planning Commission held a public hearing on the application on July 22, 2010 and by a vote of 6 to 0, recommended approval.

Options:        

1.         Approve the request to vacate Lots 1-7 of the Beulah Heights Subdivision.

2.         Other action the Commission may deem appropriate.

Fiscal Impact: 

No fiscal impact is anticipated as a result of this vacation.

Submission Date and Time:    9/22/10 5:06 PM____

Department: Community Development Prepared by:  Bill Wiley, AICP _ Attachments:   Yes__X__   No ______ Advertised:____Not Required ______ Dates:   __________________________                      Attorney Review :  Yes_X__  No ____ Revised 6/10/04

Reviewed by: Dept. Head Yes Finance  Dept. ___  ___________                                    Deputy C.M. _______________                                          Submitted by: City Manager __________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. _______

 AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, VACATING LOTS 1-7 OF THE BEULAH HEIGHTS SUBDIVISION, AS SHOWN IN PLAT BOOK 5, PAGE 74, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF THOMAS AVENUE AND ON THE NORTH SIDE OF OLIVET AVENUE, LYING IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; RESERVING CERTAIN EASEMENTS FOR THE BENEFIT OF THE PUBLIC; AND PROVIDING FOR AN EFFECTIVE DATE. (NICHOLSON SELF STORAGE)

 BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 Section 1.

The City Commission of the City of Leesburg, Florida, finding that retaining the plat of Lots 1-7 of the Beulah Heights Subdivision in Lake County, Florida, is not needed for public purposes, therefore those lots and any public right of way or easement over or across them, as legally described below, are hereby vacated and relinquished, except as reserved hereinafter:

Legal Description of Lots to be vacated:

          (See Exhibit A)

Section 2.

The City Commission specifically reserves in perpetuity, for the use and benefit of the City of Leesburg, a utility easement (above ground or underground)over the East 3 feet of Lot 7, and a drainage and utility easement across the South 5 feet of Lots 3, 4, 5, 6 and 7, Block A, Beulah Heights, according to the plat thereof recorded in Plat Book 5, Page 74, Public Records of Lake County, Florida.. ALSO RESERVING the rights of way of Olivet Avenue and Broadway as shown on said plat.

Section 3.

This ordinance shall become effective upon its passage and adoption according to law.

            PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2010. 

                                                                                    THE CITY OF LEESBURG, FLORIDA

                                                                                    BY:

                                                                                                MAYOR

Attest:

            CITY CLERK

EXHIBIT A

LEGAL DESCRIPTION

Lots 1, 2 and 3, Block A, Beulah Heights, according to the map or plat thereof, as recorded in Plat Book 5, Page 74, of the Public Records of Lake County, Florida.

Lots 4 and 5, in Block A, Beulah Heights, a subdivision in the City of Leesburg, Florida, according to the plat there of, as recorded in Plat Book 5, Page 74, Public Records of Lake County, Florida, subject to an easement for ingress and egress on, over and across the East 12 feet of Lot 5, Block A, Beulah Heights, as recorded in Plat Book 5, Page 74, Public Records of Lake County, Florida.

Lots 6 and 7, Beulah Heights, according to the Plat thereof as recorded in Plat Book 5, Page 74, Public Records of Lake County, Florida, subject to an easement for drainage and utilities across the South 5 feet thereof and sewer easement across the East 12 feet of Lot 5, Beulah Heights, according to the Plat thereof as recorded in Plat Book 5, Page 54, Public Records of Lake County, Florida.