AGENDA MEMORANDUM

MEETING DATE:   June 27, 2011

FROM:                       Bill Wiley, AICP, Director of Community Development

SUBJECT:                  Ordinance vacating a portion of Oak Park Homesites (.5 +/- 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 Oak Park Homesites (.5 +/- acre). The area to be vacated is currently an unused right of way and its reservation for the proposed use as a roadway is no longer needed.  The impacted areas are situated totally within the boundaries of the property that is currently owned by the applicants.  The applicant wishes to use the vacated property for customer parking.

Analysis:

The vacation of the right-of-way is requested by property owners Charles and Lucy Townsend. This property is generally located east of Lee Street and south of W. North Boulevard. Utility easements, as required by the City of Leesburg, shall be provided by the property owner to allow access to all existing and/or required utility service(s) for this property.

By a vote of 4 to 0, the Planning Commission on May 19, 2011 recommended approval.

Options:        

1.         Approve the request to vacate the right-of-way for Oak Park Homesites.

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:    6/22/11 5:58 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 PLAT BOOK 11, PAGE 83, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND KNOWN AS A PORTION OF OAK PARK HOMESITES RIGHT-OF-WAY (.5 ACRES +/-), SAID PROPERTY GENERALLY LOCATED EAST OF LEE STREET AND SOUTH OF W NORTH BOULEVARD, LYING IN SECTION 26, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. (OAK PARK HOMESITES)

 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 Oak Park Homesites right-of-way (.5 +/- acre) in Lake County, Florida, is not needed for public purposes, has therefore authorized that 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 27th day of June, 2011. 

                                                                                    THE CITY OF LEESBURG, FLORIDA

                                                                                    BY:

                                                                                                MAYOR

Attest:

            CITY CLERK