AGENDA MEMORANDUM

Meeting Date:           July 24, 2006

From:                          Laura McElhanon, AICP

                                                Community Development Director

Subject:                      Ordinance Vacating a 15’ Ingress/Egress and Utility Easement:  K and L Development, Inc.

Staff Recommendation:

The Planning staff and Planning Commission recommend adoption of the Ordinance vacating a 15’ Ingress/Egress and Utility Easement in Royal Oaks Estates 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. (See attached Planning Commission recommendation).

Analysis:

The vacation of this easement is requested by K and L Development, the owner or property surrounding this easement. 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, in addition to easements that are proposed in the new Plat to be approved on this site.

Options:        

1.         Approve the request to vacate the ingress/egress and utility easement.

2.         Other action the Commission may deem appropriate.

Fiscal Impact: 

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

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 15’ INGRESS/EGRESS AND UTILITY EASEMENT ACCEPTED BY ORDINANCE NO. 96-04 ON FEBRUARY 12, 1996, SAID EASEMENT 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 15’ Ingress/Egress and Utility Easement, 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:

See legal description in attached Ordinance No. 96-04 and attached Warranty Deed recorded in OR Book 1397 Pages 700-703

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 14^th day of July, 2006. 

THE CITY OF LEESBURG, FLORIDA

By:                                                                                                      Mayor

Attest:                                                             

 ______________________________                                                            

City Clerk