AGENDA MEMORANDUM

 

MEETING DATE:   November 22, 2010

 

FROM:                       Bill Wiley, AICP, Director of Community Development

 

SUBJECT:                  Ordinance vacating a portion of Leesburg Landing right-of-way (.68 +/- acre) for an unused right of way

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the request for vacating a portion of Leesburg Landing right-of-way (.68 +/- acre) for an unused right of way in the development. The area to be vacated is currently developed by Leesburg Landings for resident use. A reservation for a public utilities easement will be retained. The vacation is needed to clear a title issue on the property

           

Analysis:

The vacation of the right-of-way is requested by the Leesburg Landing Community. This property is generally located west of Thomas Avenue, at Landing Drive, McHale Drive, and Fountain Drive. A utility easement necessary for the property will be recorded with the Lake County Clerk of Courts.

 

By a vote of 7 to 0, the Planning Commission on October 21, 2010 recommended approval.

 

Options:        

1.         Approve the request to vacate the right-of-way for Leesburg Landing.

2.         Other action the Commission may deem appropriate.

 

Fiscal Impact

No fiscal impact is anticipated as a result of the vacation of this right-of-way.

 

Submission Date and Time:    11/23/10 8:57 AM____

 

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 A PORTION OF LEESBURG LANDING RIGHT-OF-WAY (.68 ACRE +/-), AS SHOWN IN DEEDS O.R. BOOKS 3826, PAGES 431 & DEED O.R. BOOK 2805, PAGE 1006, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY GENERALLY LOCATED WEST OF THOMAS AVENUE, AT LANDING DRIVE, MCHALE DRIVE AND FOUNTAIN DRIVE, LYING IN SECTION 16, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. (LEESBURG LANDING)

 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 vacating a portion of Leesburg Landing right-of-way (.68 +/- acre) in Lake County, Florida, is not needed for public purposes, therefore the portion of said right-of-way, legally described below is hereby vacated and relinquished, and except as reserved hereinafter:

 Section 2.

The City Commission specifically reserves in perpetuity, for the use and benefit of the City of Leesburg, utility easements for any areas where there are utility lines (above ground or underground) now in existence on the property, as well as utility easements over and across any and all roads, streets and alleys otherwise vacated by this Ordinance. The City Commission also reserves, in perpetuity, for the use and benefit of the City of Leesburg and the public, an easement for the construction, repair, maintenance, upgrade, replacement, and use by the public of public recreational trails over and across the entire area described above.

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