AGENDA MEMORANDUM

MEETING DATE:   February 28, 2011

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:

This item is presented again for consideration because of an error in the ordinance title.  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. The City reserves any and all existing recorded easements for utilities.

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:    3/9/11 5:42 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 A PORTION OF THAT RIGHT OF WAY ORIGINALLY DESCRIBED IN DEED BOOK 99 AT PAGE 520, FOR THAT PROPERTY SHOWN IN DEEDS O.R. BOOK 2805, PAGE 1006, AND IN O.R. BOOK 3826, PAGE 431, AND O.R. BOOK 3829, PAGE 2230, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND KNOWN AS A PORTION OF LEESBURG LANDING RIGHT-OF-WAY (.68 ACRES +/-), 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 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, except as reserved hereinafter:

Section 2.

The provisions of Section 1 notwithstanding, this Ordinance shall not be construed to release, and the City Commission hereby reserves, any and all existing recorded easements for utilities in favor of the City of Leesburg in and to any portion of the property located in the vacated right of way.

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 ______________, 2011. 

                                                                                    THE CITY OF LEESBURG, FLORIDA

                                                                                    BY:

                                                                                                MAYOR

Attest:

            CITY CLERK