Item No: 5A.

Meeting Date: May 29, 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: 5/24/12 4:13 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