Item No: 5B.

Meeting Date: July 23, 2012

From: Bill Wiley, AICP, Community Development Director

Subject: Ordinance vacating an undeveloped portion of right-of-way of an unnamed platted street in the Hanson’s addition the northwest corner of N. Chester Street approximately 30’ by 125’ (.09 acre).

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the request for vacating a portion of right-of-way west of an unnamed platted street off N. Chester Street approximately 30’ by 125’ (.09 acre). The area to be vacated is currently an unused right-of-way which is no longer needed. The impacted areas are situated totally within the boundaries of the property that is currently owned by the applicant. The applicant wishes to use the vacated property in conjunction with the development of the new Lake County School Board Wellness Center.

Analysis:

The vacation of the unused right-of-way is requested by property owner the Lake County School Board. This property is generally located on the northwest corner of N. Chester and the unnamed platted street in the Hanson’s addition, Plat Book 9, Page 64, Public Records of Lake County. There are no utilities within the easement area and none are required for the development of this area.

By a vote of 4 to 0, the Planning Commission on June 21, 2012 recommended approval.

Options:

1. Approve the vacation of the unnamed platted street in the Hanson’s addition, on the northwest corner of N. Chester Street approximately 30’ by 125’ (.09 ac).

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: 7/19/12 1:58 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 AN UNNAMED PLATTED STREET IN THE HANSON’S ADDITION, PLAT BOOK 9, PAGE 64, PUBLIC RECORDS OF LAKE COUNTY ON THE NORTHWEST CORNER OF N. CHESTER STREET APPROXIMATELY 30’ BY 125’ (.09 AC), SAID PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF N. CHESTER AND THE UNNAMED PLATTED STREET, LYING IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. (Lake County School Board)

 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 an undeveloped portion of right-of-way of an unnamed platted street in the Hanson’s addition, Plat Book 9, Page 64, Public Records of Lake County on the northwest corner of N. Chester Street approximately 30’ by 125’ (.09 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:

That portion of an unnamed street as shown on the Plat of Hanson’s

Addition, Plat Book 9, Page 64, Public Records of Lake County, Florida,

Bounded on the South by Lot G-1 as shown on that plat, on the East by the

West right of way of Chester Street extended in a straight line to the North, on the North by the North boundary of the plat of Hanson’s Addition, and on the West by the West boundary of the plat of Hanson’s Addition

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