Description: AGENDAHED.JPG

Item No:                    5E.

 

Meeting Date:           May 14, 2012

 

From:                          Bill Wiley, AICP, Community Development Director

 

Subject:                      Ordinance vacating an undeveloped portion of an access/utility easement (.104 of an acre) of Lots 5 and 6 Country Club Gateway Subdivision Plat

 

 

 


Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the request for vacating a portion of Lots 5 and 6 Country Club Gateway Subdivision Plat. The area to be vacated is currently an unused access/utility easement which 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 parking.

           

Analysis:

The vacation of the easement is requested by property owner DRJ Land Company (Jenkins Volkswagen). This property is generally located on the east side of Stewart Lane, north side of U.S. Highway 441 and on the south side of Silver Lake Drive.  There are no utilities within the easement area and none are required for the development of the dealership in this area.

 

By a vote of 6 to 0, the Planning Commission on April 19, 2012 recommended approval.

 

Options:        

1.         Approve the request to vacate the access/utility easement for Lots 5 and 6 Country Club Gateway Subdivision Plat.

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:    5/10/12 2:57 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 EASEMENT ORIGINALLY DESCRIBED IN O.R. BOOK 3093, PAGE 0770, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND KNOWN AS A PORTION OF LOTS 5 AND 6 COUNTRY CLUB GATEWAY SUBDIVISION PLAT EASEMENT (.104 ACRES +/-), SAID PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF STEWART LANE, NORTH SIDE OF U.S. HIGHWAY 441 AND ON THE SOUTH SIDE OF SILVER LAKE DRIVE, LYING IN SECTION 15, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. (Jenkins Volkswagen)

 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 Lots 5 and 6 Country Club Gateway Subdivision Plat easement (.104+/- acre) in Lake County, Florida, is not needed for public purposes, therefore the portion of said easement, 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 ______________, 2012

 

                                                                                    THE CITY OF LEESBURG, FLORIDA

 

 

 

                                                                                    BY:                                                                 

                                                                                                MAYOR

 

Attest:                                                                        

            CITY CLERK