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MEETING DATE: June 12, 2006
From: Laura McElhanon, AICP
Community Development Director
Subject: Vacating a Portion of Royal Oaks Estates, 5th Addition:
K and L Development, Inc.
Staff Recommendation:
The Planning staff recommends approval of the request to vacate a portion of Royal Oaks Estates, 5th Addition Subdivision. The City of Leesburg finds no necessary public interest in the referenced easement or need for continued access to the properties that would require maintaining this vacant easement.
Analysis:
No properties
are impacted by this request since the applicant, K and L Development, Inc.
owns all the surrounding property. The vacation of this easement is
requested by the property owner surrounding
the property. The easement to be vacated is not currently used
as a public easement and is not needed for future use. No properties are impacted by
this request since the applicant, K and L Development, Inc. owns all the
surrounding property. All required utility easements are provided
by the applicant in other areas of the development where necessary.
The
Planning Commission will hold a public hearing on this matter June 8, 2006,
but it is being included in this agenda to assist the developer with timing
concerns. A report on the Planning Commission’s recommendation will be given,
orally, at the Commission Meeting.
Options:
1. Approve the request to vacate this portion of Royal Oaks Estates, 5th Addition Subdivision.
2. Disapprove the request to vacate this portion of Royal Oaks Estates, 5th Addition Subdivision.
3. Other action the Commission may deem appropriate.
Fiscal Impact:
No fiscal impact is anticipated as a result of the vacation of a portion of this subdivision.
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Department: Community Development___ Prepared by: _Bill Wiley, AICP Attachments: Yes____ No ______ Advertised: ____Not Required ______ Dates: __________________________ Newspapers: _________________________________ _________________________________ Revised 6/10/04 |
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________ Submitted by: City Manager __________RS_________ |
Account No. _________________
Project No. ___________________
WF No. ______________________
Budget ______________________
Available _____________________ |
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, VACATING A PORTION (0.22 ACRES) OF THE PLAT OF ROYAL OAKS ESTATES, 5TH ADDITION, PLAT BOOK 1397, PAGE 700, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY GENERALLY LOCATED SOUTH OF S.R.44 (SOUTH STREET) AND CASTEEN ROAD, LYING IN SECTION 28, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
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 the following-described real property is not needed for public purposes, therefore the portion of said Royal Oaks Estates, 5th Addition, legally described below, is hereby closed, vacated, abandoned and relinquished, as a public easement and all rights of the public in and to said easement are vacated and abandoned:
Legal Description
15’ Ingress/egress utility easement, City of Leesburg, OR 1397, Page 700
Section 2.
The intent of this vacation is to nullify the right of the public to the use of the easement, as legally described above.
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 ______________, 2006.
THE CITY OF LEESBURG, FLORIDA
By: Mayor
Attest:
______________________________
City Clerk
