AGENDA MEMORANDUM

 

 

MEETING DATE:          July 10, 2006       

 

From:                                  Laura McElhanon, AICP

                                            Community Development Director

 

Subject:                              Ordinance Vacating a Utility Easement in Greenleaf Business Centre Subdivision: Gary Ward, Manager, Forward Properties, LLC.

 

 

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the request to vacate a utility easement in Greenleaf Business Centre Subdivision. (See attached Planning Commission recommendation).

 

Analysis:

The vacation of this easement is requested by the property owner. Lots 7 and 8 were purchased by the same person for the construction of their warehouse. A ten foot wide utility easement was recorded along this property line as part of the Greenleaf Business Centre Plat. The easement to be vacated is not currently used as a public easement and is not needed for future use. 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 utility easement of Greenleaf Business Centre Subdivision.

2.         Other action the Commission may deem appropriate.

 

Fiscal Impact

No fiscal impact is anticipated as a result of the vacation of this utility easement.

 

Submission Date and Time:    7/7/06 3:53 PM7/7/06 3:39 PM____

 

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  GREENLEAF BUSINESS CENTRE, PLAT BOOK 00058, PAGES 42-43, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY IS GENERALLY LOCATED NORTH OF TALLY ROAD, EAST OF THOMAS AVENUE AND WEST OF THE ACL RAILROAD RIGHT-OF-WAY, LYING IN SECTION 15, 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 Greenleaf Business Centre, 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

 

THE TEN-FOOT WIDE UTILITIES EASEMENT THAT RUNS ALONG THE COMMON LOT LINE BETWEEN LOT 7 AND LOT 8 GREENLEAF BUSINESS CENTRE (PLAT BOOK 58, PAGES 42 AND 43), LESS THE WESTERN-MOST 10.19 FEET AND THE EASTERN-MOST 40.00 FEET.

 

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