AGENDA MEMORANDUM

MEETING DATE:               June 12, 2006

From:                                      Laura McElhanon, AICP

                                                Community Development Director

Subject:                                  Vacating a Portion of Royal Oaks Estates, 5^th Addition:

                                                K and L Development, Inc.

Staff Recommendation:

The Planning staff recommends approval of the request to vacate a portion of Royal Oaks Estates, 5^th 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. The Planning Commission will hold a public hearing on this matter  June 8, 2006.

Analysis:

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.

Options:        

1.         Approve the request to vacate this portion of Royal Oaks Estates, 5^th Addition Subdivision.

2.         Disapprove the request to vacate this portion of Royal Oaks Estates, 5^th 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.

Submission Date and Time:    6/22/06 10:25 AM____

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 ___________________

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, 5^TH 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, 5^th 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