AGENDA MEMORANDUM

 

 

Meeting Date:           May 8, 2006

 

From:                          Ron Stock

 

Subject:                      Ordinance dedicating Chester Street Right of Way

 

 

Staff Recommendation:

Staff recommends approval of an Ordinance dedicating a ten (10) foot wide strip of property owned by the City of Leesburg in Section 22, Township 19 South, Range 24 East; Lake County, Florida, as additional Right of Way for Chester Street;

repealing any conflicting ordinances.

 

Analysis:

Recently Homes in Partnership, Inc. purchased parcel #22-19-24-00100001615 on Chester Street, to use for affordable housing, which has a 10 foot easement in front of the property, owned by the City.  By dedicating this ten foot strip, it would provide legal access to their property and also promote affordable housing in the City of Leesburg.  Existing utilities willould not be aeffected by this action.

 

Options:

1.  Approve the ordinance dedicating 10 foot Chester Street Right of Way; or 

2.  Such alternative action as the Commission may deem appropriate

 

 

Fiscal Impact:  None.

 

 

Submission Date and Time:    5/18/2006 3:10 PM5/3/2006 1:08 PM5/3/2006 9:45 AM5/1/2006 10:29 AM4/27/2006 3:47 PM4/27/2006 2:14 PM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                 

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

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, DEDICATING A TEN FOOT WIDE STRIP OF PROPERTY OWNED BY THE CITY OF LEESBURG IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, AS ADDITIONAL RIGHT OF WAY FOR CHESTER STREET; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, the City of Leesburg, Florida, owns a parcel of real property in Section 22, Township 19 South, Range 24 East, Lake County, Florida, contiguous on its West boundary to the East right of way of Chester Street, and on its West boundary to the East boundary of a residential building lot owned by Homes in Partnership, Inc., and

 

            WHEREAS, this property owned by the City cuts off the lot owned by Homes in Partnership from access to Chester Street, and

 

            WHEREAS, it is in the best interests of the health, safety, welfare and morals of the citizens of the City of Leesburg to dedicate a ten foot strip of the City’s property in this area as additional right of way for Chester Street, to provide legal access from the land of Homes in Partnership to Chester Street, which will promote the goal of providing affordable housing in the City of Leesburg by making the land of Homes in Partnership usable as a residential building lot,

 

            NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

 

            The following described real property owned by the City of Leesburg is hereby dedicated as additional public right of way for Chester Street, a public thoroughfare located in the City of Leesburg:

 

That portion of the North 50 feet of the South 80 feet of the West 795.22 feet of the Southwest ¼ of the Northeast ¼ of Section 22, Township 19 South, Range 24 East, Lake County, Florida, lying between the following described tract:

 

The North 50 feet of the South 80 feet of the East 100 feet of the West 795.22 feet of the Southwest ¼ of the Northeast ¼ of Section 22, Township 19 South, Range 24 East, Lake County, Florida.

 

and the East right of way line of Chester Street as it existed immediately prior to the enactment of this ordinance.

 

            The aforedescribed real property shall henceforth be for all purposes a part of the public right of way of Chester Street.

 

SECTION II.

 

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION III.

 

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of  the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION IV.

 

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                                    , 2006.

 

 

THE CITY OF LEESBURG, FLORIDA

 

 

 

BY:                                                                 

Mayor

 

 

 

Attest:                                                                        

City Clerk