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
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.
1. Approve the request to vacate the right-of-way for Leesburg Landing.
2. Other action the Commission may deem appropriate.
No fiscal impact is anticipated as a result of the vacation of this right-of-way.
Department: Community Development
Prepared by: Bill Wiley, AICP _
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Attorney Review : Yes_X__ No ____
Reviewed by: Dept. Head ___Yes___
Finance Dept. ___ ___________
Deputy C.M. _______________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF 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:
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:
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.
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